Republic of the Philippines ) Province of Davao del Norte ) s.s. City of Tagum ) x- - - - - - - - - - - - - - - - - - x AFF DA!

T"C#$P%A NT & $AR%# $. %ARR#'A& of legal age, Filipino, married, and a resident of Makati, Manila , Philippines, after having been duly sworn to in accordance with law, hereby depose and state, T(AT: ! "n #$ %ecember &# ', Angel $ay )amas, of legal age, Filipino, widow with postal address at (ison (ubdivision, )agum *ity, filed a Petition for the +ssuance of ,ew "wner-s %uplicate *opy of TCT Nos. *+,- and ./01 and #CT No. 2*3** before the .egional )rial *ourt of )agum *ity! Machine copy of the said Petition is hereto attached as /nnex 0A4 and made an integral part hereof1 &! Angel $ay )amas alleged in her Petition that when she was gathering the titles of the spouses as she was settling the estate of her husband, she noticed that she could not locate TCT Nos. *+,and ./01 and #CT No. 2*3**1 '! (he also alleged that since she hoped that the said titles were 2ust misplaced, she and her children searched and looked for the said titles at the residence, and in the office but the same was not found! )hus, she claimed, with all the diligent efforts made, she considered said titles as deemed lost1 3! /ttached with the said Petition is an /ffidavit of 4oss of #CT No. 2*3** of Angel $ay )amas dated &' ,ovember &# ' and denominated as %ocument ,o! &35, Page ,o! &6, 7ook ,o! 488+, (eries of &# ' of the ,otary .egister of ,otary Public ,iel 9illarico before whom she subscribed said /ffidavit on &' ,ovember &# '! /ttached as Anne5 67: hereof is the copy of the said Affidavit of %oss and made an integral part hereof1

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;! Angel $ay )amas alleged in the said /ffidavit of 4oss that she is currently settling the estate of her husband, Atty. 8ohn )amas and she included #CT No. 2*3** in the estate being a con2ugal property! Further, she alleged that while gathering the titles of their other properties, she noticed that she could not locate #CT No. 2*3** and that she exerted diligent efforts to find the same but to no avail1 5! (he also alleged with the said /ffidavit of 4oss which was attached to her Petition that, to <uote: 0)hat + hereby state that the said loss is not intended to mislead or deceive any person whatsoever but for the reason stated!:1 $! (he further stated, to <uote: 0)hat + am executing this affidavit to attest to the truth of the foregoing facts and seek permission and authority with the .egister of %eeds for the annotation of this loss and that + be allowed to file the necessary petition in court for the issuance of the new title in lieu of the lost owner-s copy under the same terms and conditions!:1 6! =owever, contrary to the above allegations of Angel $ay )amas, said titles were not lost and she could not claim that she could have deemed the lose of the same for in the first place said titles were never in her possession nor by her husband but rather said titles are in my possession from the day they were issued by the .egistry of %eeds up to present for the said titles were held only by the (pouses >ohny ?amas and /ngel May ?amas in trust for my favor! /ttached as /nnexes 6C4& 6D4& and 694 hereof are the machine copies of the said titles and made an integral parts hereof1 @! + am the uncle of the Angel $ay )amas- husband, the late /tty! >ohny ?amas! Atty. 8ohny )amas was my legal counsel and of my entire corporation located at )agum *ity, the )agum %evelopment *orporation1

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#! (ometime in >anuary

$, &# &, + wanted to purchase a parcel of

land located at (ison (ubdivision and covered under TCT No. T" ***"++ but due to the fact that + am permanently residing in Manila, there were some legal inconveniences which caused delay to the transaction1

! /tty! >ohny ?amas then suggested that in order to expedite the transaction of purchasing the said parcel of land, the purchase must be placed under the name of his wife, /ngel May ?amas, or under his name and the same be held in trust for me and under the clear agreement that later on the said land would be reconveyed to me, the real owner1

&! )hough at first, + was reluctant to the said suggestion, + conceded to the proposal under the assurance of /tty! >ohny ?amas that a (pecial Power of /ttorney would be executed by him or by his wife in my favor authoriAing me to sell the said parcel of land and to receive the proceeds thereof! /ttached as Anne5 6 94 hereof is the (pecial Power of /ttorney dated >anuary &$, &# & and made an integral part of this hereof1

'! )hus, said transaction was pursued wherein /tty! >ohny ?amas stood as the vendee with the purchase price furnished by me and under the agreement we had previously agreed1

3! "n

February #&, &# &, the said transaction was registered with

the .egistry of %eeds and subse<uently the copy of the owner-s

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duplicate copy of title was issued but the same was right away delivered to the me and had never been in their possession and my corporation from then on took possession of the said parcel of land and paid all real estate taxes that were due from the time of ac<uisition up to the present1

;! TCT No. ***"++ was later on subdivided into four parcels of land covered under )*) ,os! &'3, ;5$6, 3;5$, and 5$6@! )*) ,os!

&'3 and ;5$6 was conveyed to me but the remaining two were not due to the death of /tty! >ohny ?amas! /ttached as Anne5 6F4 hereof is the %eath *ertificate of /tty! >ohny ?amas1

5! "n March #5, &# & another parcel of land located at (ison (ubdivision and covered by #CT No. 2*3** was purchased under the same agreement! )hus, the title was registered to /tty! >ohny ?amas as my trustee1

$! + being the real owner of the said lands which were only held in trust by /ngel May ?amas and her husband and having the possession of the owner-s duplicate copy of TCT No. ***"++ and #CT No. 2*3** since they were issued by the .egistry of %eeds of %avao del ,orte, opposed the said petition on the ground that the same were not lost! /ttached as Anne5 6:4 hereof is the copy of the said "pposition1

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6! )hus, /ngel May ?amas who had long been separated from her husband even before the latter-s death filed the aforesaid petition under the actual knowledge that the said titles were never lost1

@! )he /ffidavit she validly and willfully executed on $ %ecember &# & which was material to her petition and re<uired by law was full of falsehood and the 9erification she executed and attached to her petition is likewise full of falsity she having actual knowledge that the owner-s duplicate copies of TCT No. ***"++ and #CT No. 2*3** which are the sub2ect of her petition were never lost1

&#! + am executing this /ffidavit-*omplaint to attest to the truth of the foregoing fact and to lodge a criminal complaint against /ngel May ?amas for the crime of False )estimony in other *ases and Per2ury in (olemn /ffirmation defined under /rticle Penal *ode! 6' of the .evised

N ; TN9'' ;(9R9#F, + have hereunto affixed my signature this BBBBBBBBBBBBBBBBBBB at BBBBBBBBBBBBBBBBBBBBBBBB Philippines!

$AR%# %ARR#'A /ffiant

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'<7'CR 79D AND ';#RN T# before me this >anuary &#, &# 3 at )agum *ity, Philippines! (9R97) C9RT F) that + have personally examined the affiant and that + am fully satisfied that she voluntarily executed and understood the same!

Atty. 8enifer Paglina=an ,")/.? PC74+*

Until __________________ PTR No. _______________ Issued at ______________ On ___________________ Doc. No.___________ Page No.___________ Book No.___________ Series of 201 __________

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