Republic of the Philippines)

Urdaneta City, Pangasinan) S.S.

AFFIDAVIT OF ADVERSE CLAIM

I, MARIANO P. FLORES, of legal age, Filipino, single, and presently

residing at 1418 Penafrancia St., Brgy. 682 Zone 74, Paco, Manila, after
having been duly sworn to in accordance with law, depose and state:

1. That during the lifetime of my grandfather Paulino Toralba, he lived

in Barangay Labit Proper Urdaneta, City, Pangasinan with her wife
Eustaquia Toralba and their four (4) children, namely: Gertrudes,
Maximo, Prisca and Demetrio all surnamed Toralba;

2. That during his lifetime, Paulino acquired several properties located

at Labit Proper, Urdaneta City, Pangasinan particularly described as
follows:

RESIDENTIAL LOT:

Owner’s Name: TORALBA, PAULINO

Owner’s Address: LABIT PROPER
Adj. Market Val.: Php 190,080.00
Assess Level: 20%
Assessed Value: Php 38,020.00

BOUNDARIES:

North: PAULINO TORALBA

East: JUAN ANDRADA
South: CIRILO ANDRADA
West: MARTIN FONTANILLA1
AGRICULTURAL LOT:

1 Printed copy of Tax Declaration of said property issued by Assessor’s Office of Urdaneta City, Pangasinan is hereto attached as ANNEX “A”.
 Owner’s Name: TORALBA, PAULINO
Owner’s Address: LABIT PROPER
Adj. Market Val.: Php 5739.03
Assess Level: 40%
Total Assessed Value: Php 2,300.00

BOUNDARIES:

North: S LORENZO
East: M FONTANILLA
South: P TORALBA
West: M FONTANILLA2

3. That I paid the taxes of the aforementioned lots. Photocopy of Tax

issued by Office of the City Treasurer of Urdaneta City, Pangasinan
are hereto attached as ANNEX “C” and ANNEX “D” respectively;

4. That the property of late Paulino Toralba located at Zone 1 Labit

Proper, Urdaneta City, Pangasinan is now registered under the
name of his son Maximo Toralba due to the negligence or omission
of Demetrio Toralba to assert his right within a reasonable time over
the said lot;

5. That I am one of the great-grandson of Paulino being a direct

descendant and grandson of Gertrudes. While Estelita Delizo is one
of the grandchildren of Paulino being the daughter of his son
Demetrio;

6. That after the death of Paulino, his wife Eustaquia took over the
possession and cultivation of the above-stated properties left behind
by his husband Paulino. Her occupation was open and continuous
up until her demise;

7. That when Eustaquia died, her children with Paulino, Gertrudes,

Maximo, Prisca, and Demetrio verbally agreed that they will divide
the properties of Paulino Toralba in the following manner: the
residential and agricultural lots located in Zone 3 Brgy. Labit Proper,
2 Printed copy of Tax Declaration of said property issued by Assessor’s Office of Urdaneta City, Pangasinan is hereto attached as ANNEX “B”.
 Urdaneta City, Pangasinan will be owned by Prisca and Gertrudes
(ANNEX “A” and ANNEX “B” hereof) while the property located
in Zone 1 of the same barangay will be owned by the late Maximo
and Demetrio;

8. Since Prisca never married nor had any compulsory heir, after her
death, said property was possessed, occupied and cultivated by my
grandmother Gertrudes without any objection from her brothers
Maximo and Demetrio;

9. Subsequently, after my grandmother died, the subject property was

physically occupied by Josefa Flores-dela Cruz, Fedencia Andrada,
and Agustin Flores who were the siblings of my father and children
of Gertrudes. Their occupation lasted up until sometime in 1994
when my father Herminigildo Toralba Flores, built a house in the
part of the residential lot located in Zone 3 Brgy. Labit Property,
Urdaneta City, Pangasinan and the latter was the one who farmed
the afore-stated agriculture lot and looked after the lot
administration of the stated lots. And in 1995, I followed my father
to live there and to study in Labit Proper, Urdaneta City,
Pangasinan3;

10.That the occupation of my father and my possession were open and

continuous without any controversy or adverse claim from third
parties. On November 20, 2007, my father died in Ospital Ng Makati
due to Chronic Kidney Disease that is why the administration and
possession of residential lot located at Zone 3, Barangay Labit
Proper, Urdaneta City, Pangasinan and the subject property of this
case was transferred to my elder brother Reynaldo Flores;

11.That after the death of Reynaldo in September 2013, the

administration and possession of residential lot located at Zone 3,
Barangay Labit Proper, Urdaneta City, Pangasinan and the subject
property of this case was transferred to me;

12.That for more than fifty (50) years, my occupation and my

predecessor in interest’s occupation over the subject property of this
3 Photocopy of Punong Barangay of Barangay Labit Proper, Urdaneta City, Pangasinan, Hon. Godofredo F. Dulay is hereto attached as ANNEX “E”.
 case was undisturbed until on April 9, 2020 despite that the whole
Luzon is under Enhanced Community Quarantine wherein strict
home quarantine shall be followed, Jaime Delizo and Estelita with
their cohorts entered the above-mentioned agriculture lot without
my consent and without undergoing judicial process armed with
bolo and “panabas” and then proceeded to cut down different trees
planted by my late parents Dedinia P. Flores and Herminigildo T.
Flores without permit from Department of Environment and
Natural Resources (DENR), burned it and cleaned the area;

13.That to protect my right over the subject property, I filed a case

against Estelita and Jaime before the Office of the City Prosecutor of
Urdaneta City, Pangasinan for Usurpation of Property as defined
and penalized under Article 312 of the Revised Penal Code of the
Philippines for usurping his rights over the subject property of the
above-entitled case, Qualified Theft as defined and punished
under Articles 309 and 310 the Revised Penal Code of the
Philippines for cutting different trees without permit from DENR
and Unjust Vexation as defined and penalized under Article 287
the Revised Penal Code of the Philippines for annoying herein
plaintiff with Crim. Case No. I-INV-20F-00275 TO I-INV-20F-00277;

14.That I received a copy of Estelita and Jaime’s counter-affidavit, the

latter attached documents including the certificate of title in the
name of Estelita Delizo under Original Title under Kaloob na
Patente Blg. 0155461964930 and official receipt of their tax
payments;

15.That upon verification of the status of the subject property, I,

through my nephew Crisanto dela Cruz was able to secure copies of
the application for Free Patent and it’s supporting documents
submitted by Estelita Delizo;

16.That upon perusal of the documents submitted by Estelita Delizo

before the DENR, the Affidavit of Self-Adjudication with Deed of
Sale executed by the late Demetrio Toralba appears to be falsified. It
states in paragraph one (1) that:
 “I am the only heir of the late Paulino Toralba who
died on August 31, 1936 in Labit Proper, Urdaneta
City, Pangasinan” (underscoring supplied)

17.That the late Demetrio Toralba was not the only heir at the time
he executed the Affidavit of Self-Adjudication with Deed of Sale.
In fact, the nearest surviving heirs he could have had are Fedencia
Flores-Andrada, daughter of Gertrudes, and a certain Mameng
Toralba, daughter of Maximo Toralba. Despite such knowledge
that there were other surviving heirs of his late siblings, he still
executed Affidavit of Self-Adjudication with Deed of Sale which
was the basis of Estelita to apply for a title over the subject
property;

18.That the late Demetrio Toralba has no absolute authority to sell

the subject property as he was not the only heir, consequently, he
had no right to transfer ownership of the subject property to
Estelita4

19.Worse, Estelita even alleged in her supporting documents for her

application for Free Patent that she was the only claimant and
possessor of the subject property and the subject property is free
from claims and conflict. However, a careful evaluation of
Certificate to File Action5 issued by Elpidio Andrada (one of the
persons who executed Joint Affidavit in Support of Estelita’s
Application for Free Patent) reveals that I am also claiming
ownership over the said property;

20.Furthermore, a careful evaluation of the Joint Affidavit in Support

of Free Patent Application of defendant Estelita Delizo submitted
by Elpidio L. Andrada and Canedido Baltazar is untrue and
falsified. Elpidio L. Andrada and Canedido Baltazar states in
paragraph 3 that:

4
Avelina Abarientos Rebusquillo [substituted by her heirs, except Emelinda R. Gualvez] and Salvador A. Orosco vs.
Sps. Domingo and Emelinda Rebusquillo Gualvez and the City Assessor of Legazpi City, GR No. 204029, June 4,
2014.
5
Copy of said certification is hereto attached as ANNEX “F”.
 “That the said applicant has continuously occupied
and cultivated the land by himself and/or processor in
interest since July 04, 1945, or prior thereto and it is
free claims and conflicts.”

21.As stated above, I and my predecessors-in-interest who is in open,

continuous, exclusive and notorious possession of the property from
the time they inherited it from the late Paulino Toralba and a careful
evaluation of Certification to File Action prepared by Elpidio in his
capacity as Lupon Secretary reveals that the subject property of this
case is not free from claims and conflicts;

22.Further, a careful evaluation of the above-mentioned counter-

affidavit reveals that the defendants did not deny that for more than
fifty (50) years, I and my predecessors-in-interest’s occupation over
the subject property of the above-entitled case was undisturbed
until on April 9, 2020 despite that the whole Luzon is under
Enhanced Community Quarantine wherein strict home quarantine
shall be followed, defendants Jaime and Estelita Delizo and their
cohorts entered the subject property of this case without plaintiff’s
consent and without undergoing judicial process 6 armed with bolo
and “panabas” and then proceeded to cut down different trees
planted by his late parents Dedinia P. Flores and Herminigildo T.
Flores without permit from Department of Environment and
Natural Resources (DENR), burned it and cleaned the area. They
just justified their illegal actions by arguing that they are just
exercising their rights over the subject property as an owner of the
subject property of this case considering that the lot in dispute is
registered under the name of Estelita Delizo;

23.I also filed complaint for perjury against Estelita Delizo, Canedido
Baltazar and Elpidio Andrada;

24.To question the validity of the above-mentioned Free Patent, I will

also file an Annulment of Documents and Title and Reconveyance;
6
Copy of certifications issued by Municipal Trial Court in Cities, Urdaneta City,
Pangasinan and Regional Trial Court Office of the Clerk of Court, Urdaneta City,
Pangasinan are hereto attached as ANNEX “G” and “H” respectively.
 25.I am 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 Original Title under Kaloob na
Patente Blg. 0155461964930.

AFFIANT FURTHER SAYETH NAUGHT.

IN WITNESS WHEREOF, I have hereunto affixed my name and

signature this ___ day of ____________ 2021 at City of Manila for Lingayen,
Pangasinan.

MARIANO PEREZ FLORES

Affiant
ID No. CRN-0111-0346083-7

SUBSCRBED AND SWORN to before me this ___ day of _________

2021 in City of Manila. Affiant personally appeared before me and signed
the foregoing Affidavit of Adverse Claim before me and avowed under
penalty of law to the veracity of the contents of said instrument.

Doc. No. _____;

Page No. _____;
Book No. _____;
Series of 2021.