REPUBLIC OF THE PHILIPPINES )

_______________________________)
AFFIDAVIT OF ADVERSE CLAIM
I, SUSAN AGUSTIN, of legal age, Filipino citizen, single, with residential address
at 38 Siquijor Street, Ayala Alabang, Muntinlupa City, for myself and on behalf of my
daughter Julienne Marie Agustin Sim, 15 years of age, Filipino, after being duly sworn to
in accordance with law, hereby depose and state, that:
1.
I was previously married to Dr. Joseph Timoteo S. Sim (Dr. Sim),
said marriage being contracted on April 18, 1980 at Bacoor, Cavite Municipal Town Hall
and on April 5, 1981 at the Las Pias Catholic Church.
2.
We had 4 children by reason of the marriage: Jacqueline Kristine Agustin
Sim, born on 07 July 1983; Joseph Raymond Agustin Sim, born on 21 November 1987;
Joanna Angelique Agustin Sim, born on 05 April 1991; and, Julienne Marie Agustin Sim,
born on 27 November 1993. Copies of the birth certificates of our 4 children are
integrally attached hereto as Annexes A to D, respectively.
3.
Dr. Sim and I separated in 1996. On 09 June 1997, Dr. Sim and I agreed to
sell our family home at 326 Bongainvilla Street, Ayala Alabang, Muntinlupa City and
agreed to divide the proceeds in accordance with the terms and condition indicated in a
letter agreement dated 09 June 1997 executed by Dr. Sim. A copy of the said letter
agreement dated 09 June 1997 is integrally attached hereto as Annex E.
4.
Said Letter Agreement dated 09 June 1997 (Annex E) expressly provides
that another family home will be purchased and registered in the names of our 4 children.
Dr. Sim also agreed to use his share in the proceeds to purchase a condominium unit that
will be placed in the names of our 4 children. Likewise, we agreed to constitute a trust
fund for the children with an initial deposit of P1 Million for each child.
5.
Subsequently, I filed a petition for declaration of nullity of marriage
before the Regional Trial Court of Muntinlupa, Branch 256, docketed as Civil Case no.
97-102. In a Decision dated 14 August 1998, the Honorable Judge Alberto L. Lerma,
Presiding Judge of the Regional Trial Court of Muntinlupa, Branch 256, declared the our
marriage as null and void, thus:
"Accordingly, judgment is hereby rendered GRANTING the
petition. The marriage of petitioner SUSAN AGUSTIN SIM and
respondent JOSEPH TIMOTEO S. SIM on April 18, 1980 and April 5,
1981 is hereby declared null and void.
Let a copy of the decision be furnished the Local Civil Registrar of
Muntinlupa City, Bacoor, Cavite and Las Pias City.
SO ORDERED."
6.
Sometime in 2002, Dr. Sim requested me to execute a Memorandum of
Agreement (the MOA) in connection with the partition of the proceeds of the sale of
our aforesaid family home which has yet to be sold at that time. The MOA expressly
provides: that the Property was to be sold for TWENTY TWO MILLION PESOS (
P22,000,000.00).
7.

We agreed that the proceeds will be divided between us equally less the
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expenses for the payment of capital gains tax, documentary stamp tax, transfer fees,
registration fee for the transfer of the Property and the loan with Bank of the Philippine
Islands.
8.
Furthermore, the MOA indicates that each of us shall donate the amount of
One Million Pesos (P1,000,000.00) to each of our 4 children [or Two Million Pesos (
P2,000,000.00) for each child] or a total amount of P8,000,000.00 for all of our children.
The Eight Million (P8,000,000.00) shall be deposited in a bank, under our names in trust
for the 4 children and that each child can withdraw his/her share therefrom upon reaching
21 years of age. We had agreed that these amounts were supposed to be our childrens
presumptive legitimes. A copy of the MOA is integrally attached hereto as Annex F.
9.
Dr. Sim received his share of the net proceeds of the sale of our aforesaid
family house in the total amount of P9,873,073.00 on 16 January 2002. My Citibank
statement of account covering the period 20 December 2001 19 January 2002 showing
the clearing of the 2 checks I issued to him in the amounts of P5,873,073 and
P4,000,000.00 on 16 January 2002, is integrally attached hereto as Annex G.
10.
Dr. Sim contracted another marriage with one Gem Marie L. Chanco on
08 May 2000. However, prior or subsequent to contracting the said second marriage, Dr.
Sim never complied with the terms of the MOA and did not deliver our childrens
presumptive legitimes.
11.
Instead of depositing in the bank the amount of P1 Million per child or a
total of P4 Million for our 4 children, Dr. Sim used the proceeds of the sale of our family
home in acquiring another property consisting of 2 parcels of land and improvements
thereon in Quezon City sometime in February 2002, which lots were registered in his and
his second spouses name, and particularly described as follows:
TCT No. N-234034
A parcel, of land (Lot 15-B of the subd.. plan, .Psd-00-040393,
being a portion of the subd.. plan, .Psd-00-040393, being a portion of Lot
15, .Blk. 28 (LRC) Psd-133236, L.R.C. Rec. No. 5975), situated in Brgy.
Matandang Balara, Quezon. City, M..Mla., Is. of Luzon. Bounded on the
NW., along lines 1-2 by lot 15-A of the subd. plan; along line 4-5 by Lot
14, Blk. 28, on the NE., along lines 5-7 by Easements 6; on the SE., along
line 7-8 lot 16, Blk. 28 and on the S.W., along line 8-1 by Rd. Lot 21, all
(LRC) Psd-133236 . Beginning at a pt. marked 1 on plan, being N. 71
deg. 25E., 3561.83 m. from LM No. 14, Piedad Estate; thence N. 82 deg.
49E., 9.28 m. to pt. 2; thence N. 64 deg. 15E., 9.20 m. to pt. 3; thence N.
20 deg.. 44W., 13.45 m. to pt. 4; thence N. 69 deg. 00E., 4.55 m. to pt.
5; thence S. 13 deg. 53E., 3.47 m. to pt. 6; thence S. 46 deg. 23E., 15.88
m. to pt. 7; thence S. 74 deg. 36W., 28.59 m. to pt. 8; thence N. 34 deg.
00W., 17 m. to the pt. of beginning containing area of ONE HUNDRED
SIXTY ONE (161) SQ. METERS, more or less. All pts. referred to are
indicated on the plan and are marked on the ground by PS cyl. Conc.
Mons. 15x60 cm., bearings true; date of orig. survey, July 1 Dec 14,
1907 (Piedad Estate) and that of the subd., survey, May 2, 1996, approved
7 June 1996.

TCT No. N-234035

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A parcel of land (Lot 16, Blk. 28 of the subd. Plan (LRC) Psd133236, being a portion of Lot 829-C, Psd, LRC Rec. No. 5975), situated
in the Capitol Dist., Q. City, Is. Of Luzon. Bounded on the NE. & SE.,
pts. 2 to 4 by Easement 6, on the S., pts. 4 to 5 by Lot 17, both of Blk. 28,
and on the SW., pts. 5 to 7 by Lot 1, by Road Lot 21, and on the NW., pts.
1 to 2 by Lot 15 Blk. 28, all of the subdivision plan. Beginning at a pt.
marked 1 on plan, being N. 71 deg. 28W., 3562.27 m. from LM No. 14,
Piedad Estate, thence N. 74 deg. 26E., 28.59 m. to pt. 2; thence S. 46
deg. 23E., 17.29 m. to pt. 3; thence S. 41 deg. 45W., 19.09 m. to pt. 4;
thence N. 84 deg. 01W., 25.34 m. to pt. 5; thence N. 13 deg. 46E., 5.72
m. to pt. 6; thence N. 10 deg. 15W., 7.13 m. to pt. 7; thence N. 34 deg.
20W., 3.97 m. to pt. of beginning; containing an area of SIX HUNDRED
NINETY NINE (699) SQUARE METERS, more or less. All pts. referred
to are indicated on the plan and are marked on the ground by PS cyl.
Mons. 15x60 cm., bearings true; date of original survey, July 1-Dec. 14,
1907 and that of the subd. Survy, Sept. 1- Dec. 31, 1970.
12. Dr. Sim died on 12 August 2009, up to which time he did not open a trust
fund or account covering the P 4,000,000.00 he promised to give to our children. In
other words, he did not deliver our childrens presumptive legitimes. In view of such
failure, his second marriage to Gem Marie Chanco is null and void pursuant to Articles 52
and 53 of the Family Code of the Philippines, to wit:
Art. 52. The judgment of annulment or of absolute nullity of the
marriage, the partition and distribution of the properties of the spouses, and
the delivery of the childrens presumptive legitimes shall be recorded in the
appropriate civil registry and registries of the property; otherwise, the same
shall not affect third persons.
Art. 53. Either of the former spouse may marry again after
compliance with the requirements of the immediately preceding Article;
otherwise, the subsequent marriage shall be null and void.
13. Moreover, because the proceeds of the sale of the Property (which include the
presumptive legitimes of our children) were used by Dr. Sim in acquiring the property
covered by TCT No. N-234034 and N-234035 of the Register of Deeds of Quezon City,
my 4 children have substantial rights and interests thereon.
14. In light of the foregoing, I hereby request the Register of Deeds of Quezon
City and Quezon City Assessors Office to cause the annotation of my daughter Julienne
Marie Agustin Sims adverse claim on TCT Nos. N-234034 and N-234035, if only to
notify persons willing to deal with the Property of my interest over the same.
IN WITNESS WHEREOF, we have hereunto affixed our signatures, this __ day
of ___________ 2009 in _________________.

SUSAN AGUSTIN
Affiant
SUBSCRIBED AND SWORN to before me this ____ day of __________ affiant
exhibiting to me her Community Tax Certificate No. _________ issued on
________________ in ______________.

Doc. No. ____;

Page No. ____;
Book No. ____;
Series of 2009.

Notary Public

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