Republic of the Philippines

City of Malaybalay

AFFIDAVIT OF ADVERSE CLAIM

I, Manuel G. Boniao, Filipino, of legal age, Filipino, and resident of Carmen,

Cagayan de Oro City, after having been duly sworn to in accordance with law,
depose and state, that:

1. I am the owner of two (2) parcels of land identified as Lot No. 1 and Lot No. 2,
both of Pcs-10-0016547, located at Hagkol, Valencia City, Bukidnon containing
an area of 395 square meters, and 3,070 sqaure meters, respectively, or a total
of 3,465 square meters;

2. The said parcels of land were titled under our name under Transfer Certificate
of Title No. T-52194 and Transfer Certificate of Title No. T-52195, respectively;

3. The said parcels of land were originally part of 23.7109 hectares lot under
Original Certificate of Title No. P-2066 in the names of spouses Epifanio Calos
and Valentina M. Calos;

4. A portion of the 23.7109 has., specifically, 9.7 has. thereof was subjected to
Comprehensive Agrarian Reform Program (CARP) wherein spouses Calos
executed two (2) Deeds of Assignment in favor of the Land Bank of the
Philippines (LBP);

5. Some of the farmer-beneficiaries of the CARP sold their respective shares to,
among others, Vicente Polinar;

6. Vicente Polinar was then issued, among others, Transfer Certificate of Title No.
28282 and Transfer Certificate of Title No. 28284, the preceding titles of TCT No.
T-52914 and TCT No. T-52915;

7. Per Decision of the Court of Appeals under C.A. GR. SP No. 43976 dated August
27, 1998, Vicente Polinar was ordered to restore and surrender to the
government his landholdings, the dispositive portion of which reads:

“WHEREFORE, the assailed decision is AFFIRMED insofar as the petitioners

and the following private respondents are concerned:
xxx
The same judgment is REVERSED and SET ASIDE as RAMON OCHO and
VICENTE POLINAR, and another one entered directing the said respondents to
restore and surrender to the government their landholdings under TCT No. T-
5223 in the case of Ramon Ocho and TCT Nos. T-28281, T-28282, T-28283, T-
28284, T-28288, T-28289, T-28290 and T-28291 in the case of Vicente Polinar.
 The DAR is directed to re-distribute the same to qualified beneficiaries, giving
preference to the herein petitioners.”

8. Vicente Polinar a Petition for Review on Certiorari under G.R. No. 135705 before
the Supreme Court but was denied and has since attained finality;

9. Contrary to the decision of the Court of Appeals, lots 1 and 2, of Pcs-10-0016547

were not reverted back to the government and re-distributed under CARP but
instead was directly transferred to Epifanio Calos;

10. Thereafter, the 2 lots were transferred to several persons and thereafter
consolidated;

11. The 1,000 square meters portion of the consolidated lots was transferred to
Cecil M. Caballero under TCT No. T-113564, while the 1,200 square meters
portion of the consolidated lots was transferred to Kristan June Balbin and April
Gem Balbin under TCT No. T-113565;

12. The re-transfer of the 2 parcels of land was illegal and invalid since it was not
reverted back to the government but instead transferred directly to Epifanio
Calos;

13. Being previous owners of the 2 parcels of land, I have a legal and preferential
claim over the said lots;

14. I, therefore, executing this Affidavit for the purpose of attesting to the
truthfulness of the foregoing allegations and in support of my request for the
annotation of an adverse claim over the parcel of land covered by the Transfer
Certificates of Title No. T-113564 and T-113565;

IN WITNESS WHEREOF, I have hereunto set my hand this _________________

in Malaybalay City, Bukidnon.

MANUEL G. BONIAO
Affiant

SUBCRIBED AND SWORN TO before me this

____________________ in Malaybalay City, Bukidnon. Affiant Manuel G. Boniao
exhibited to me his _____________________________________. I HEREBY CERTIFY that I
have personally examined the affiants and I am satisfied that they voluntarily
executed and understood this affidavit.