Republic of the Philippines

REGIONAL TRIAL COURT

Ninth Judicial Region
Branch _____
Zamboanga City

CHRISTOPHER DE LA PAZ, CADASTRAL CASE

Petitioner, CASE NO. _______

- for -

CANCELLATION OF THE
NOTICE OF ADVERSE CLAIM
- versus - ANNOTATED IN TRANSFER
CERTIFICATE OF TITLE
NO. T-888,999
OFFICE OF THE CIVIL REGISTRAR,
REGISTRY OF DEEDS,
Respondent

xx

JUDICIAL AFFIDAVIT OF JOSE PIDAL

This Judicial Affidavit of Jose Pidal, a witness as the adverse claimant of the
property with TCT No. 888-999, is executed to serve as his direct testimony
in the instant case.
This Judicial Affidavit is being offered to prove:
A) All the allegations in the Petition including all annexes
appended thereto and which were already marked as exhibits during the
Pre-Trial of this case;
B) All other related matters, facts and circumstances relevant and
material to this case.
This Judicial Affidavit was taken at the office of Atty. Kaiser Adan Olaso at
Ground Floor, Aguinaldo Bldg., Pilar St., Zamboanga City.
Questions were propounded by Atty. Kaiser Adan Olaso and these
questions are numbered consecutively and each question is followed by the
answer of the witness.
1. Do you swear to tell the truth and nothing but the truth?
I do.
2. Are you aware that you may face criminal liability for false testimony
or perjury if you will not tell the truth?
Yes sir. I am.
3. Please state your name, age address and occupation?
I am Jose Pidal, 60 years old, married, resident of Sta. Maria, Zamboanga
City and a retired banker.
4. Can you state to this Honorable Court if there was something peculiar
that transpired during December of 2013
Yes. Leah Andam went to me and borrowed money.
5. How well do you know Leah Andam?
We were really good friends.
6. How much did Leah Andam intend to borrow?
I lend Leah Andam 600,000.00
7. Did you lend her the money?
Yes, we are good friends after all. Apart from it, I asked her to post
something as a collateral.
8. What was the property which Leah Andam posted as collateral?/
A certain parcel of land located at Campaner Street, Zamboanga City;
owned by him.
9. During the said day, did Leah Andam pay for the said obligation?
No.
10. What did you do next?
I caused for the Annotation of an Adverse Claim against the Transfer
Certificate Title to protect my rights and interest.
11. If the Notice of Adverse Claim shall be shown to you will you able to
identify it?
Yes Sir.
12. How will you able to identify it?
I have my signature affixed in the document.
13. I am showing you a Notice of Adverse Claim annotated at the back of
TCT No. 888-999 do you recognize the name of the petitioner?
Yes. That person is me
14. What was the reason of the said Annotation?
It was because the previous owner of the said property still owed me
money.
15. Was there any complaint in court to assert your claims after the
marking of the said annotation ?
No. as I have entered into settlement with Ms. Leah Andam
16. So what happened with the settlement you entered with Ms. Andam?
We settled amicably after she was able to pay me back the money she
owed me.
17. With the settlement done are you still considering to continue on filling
for the adverse claim?
I am no longer interested to continue my complaint as I recovered my
money already.
18. Do you recall of any document as a proof of the settlement you
entered with Ms. Andam?
Yes, I executed an Affidavit of Desistance in Favor of Ms. Adam and the new
owner of the property Mr. De La Cruz.
19.Do you recognize this the document I am showing you now?
Yes. This is the Affidavit of Desistance we I executed.
20. And how would you recognize that this is the affidavit of desistance you
executed.
It is because of my signature in the document.
Affiant further sayeth naught.
JOSE PIDAL
Affiant
SUBSCRIBED AND SWORN to before me this _______________ at
_______________, Affiant exhibiting to me her Passport bearing No.
SS12345678 issued on 8/9/12 and expiring on 8/8/17.
Doc No. ________;
Page No. _______ ;
Book No. _______;
Series of ________.
 ATTESTATION
I hereby state, under oath, that I faithfully recorded the questions I asked
and the corresponding answers that the witness gave and that neither I nor
any other person present or assisting me has coached the witness
regarding the latters statement.
ATTY. KAISER ADAN OLASO
SUBSCRIBED AND SWORN to before me this _______________ at
Zamboanga City, Affiant exhibiting to me his drivers license bearing No.
N11-82-030573 expiring on 09/08/2014.
Doc No. ________;
Page No. _______ ;
Book No. _______;
Series of ________.

Copy Furnished:
Office of the Civil Registrar
Zamboanga City
Republic of the Philippines)

City of Zamboanga ) S.S.

x----------x

AFFIDAVIT OF DESISTANCE

I,Jose Pidal, of legal age, Filipino and a resident of Zamboanga City, after having been duly sworn
in accordance with law, hereby depose and say:

1.That I am the person who filed for an adverse claim for ownership against the TCT No. 555,666
and Eventually TCT No. 888,999 in the registered names of Leah Andam and Christopher De La
Paz respectively .

2.In this regard, we have entered into an extrajudicial settlement to settle my claim.

3.That in satisfaction of the settlement entered into I am no longer interested to pursue my

claim against the said persons and property .

IN WITNESS WHEREOF, I have hereunto set my hand this_____________ at___________,

Philippines.

Jose Pidal

AFFIANT

SUBSCRIBED AND SWORN to before me, a notary public in and for Jose Pidal this day of_______,
2009, at________, Philippines, affiant appearing before me with her CTC No. _________issued
on ___________ at ________and TIN I.D with number _________ issued on ___________
at_________, presenting to me the above Affidavit of Desistance, affiant identified through him
officially issued identity card bearing him photograph and signature and Community Tax
Certificate and who signed said document in my presence and sworn as to said document that
he understood the contents thereof and that the same was his free and voluntary act and deed.

____________________

Notary Public

Doc No

Page No.

Book No.

Series of 200__