REPUBLIC OF THE PHILIPPINES ) ROXAS CITY x---------------------x------------------------------------------------------x ----------x
) S.S.
AFFIDAVIT OF PROTEST PROTEST
I, TERESITA VITERBO y CASTEJON , of legal age, widow, Filipino and a resident of Barangay Hipona, Pontevedra, Capiz, after having been duly sworn to in accordance with law, do hereby depose and say that: 1. I am the surviving heir of Atty. Gerardo Viterbo, Sr. who is the owner of certain parcels of land including Lots 903, Lot 699, Lot 2800, Lot and 2000 all of Pontevedra Cadastre; 2. The above mentioned parcels of land including Lot 847 (now sold and transferred to Nadie Tumlos) were acquired by virtue of Deed of Sale by my late husband from the Pres. Roxas Rural Bank, Inc., attached is a copy of the Deed of Sale as Annex “A”; 3. Lot 699 and Lot 2800 were already transferred in the name of my late husband, however, Lot 903, 2000 and 847 is still declared under the name of Pres. Roxas Rural Bank, Inc.; 4. Further, to support my claim of ownership over the said parcels of land, these were all registered as evidenced by the Certificate of Registration issued by the Bureau of Internal Revenue, attached as Annex “B”; 5. In April 6, 2006, Josephine Viterbo- Baradi, filed a case for Annulment of Documents and Damages involving the above- mentioned parcels of land, however, such case was decided upon by Hon. Esperanza Isabel E. Poco- Deslate in my favour dismissing the case motu propio in an Order dated October 5, 2006. Attached is a copy of the Order, as Annex “C”; 6. However, they appealed the case before the Court of Appeals which was also DISMISSED in a Resolution dated 24 May 2011, a copy is attached as Annex “D”; 7. Sometime in March, 2017, it came to my knowledge that Tomas Viterbo et. al, filed an Application for Registration for Lots 903 and 2800 before the Office of the Department of Natural and Environment Resources, Capiz which is now pending;
8. Hence, I am registering my PROTEST for the said Application of Registration over Lot 903 and 2800 filed by Tomas Viterbo, et.al, before your Office; 9. Such processing and issuance of these titles must not be entertained by your Office pending the Decision of the Court of Appeals or until it reached Finality for it is prejudicial to my interest since the issues to be resolved before the court will determine the validity of the Deed of Sale executed between my late husband and the Pres. Roxas Rural Bank, Inc., hence upholding the absolute ownership of my late husband over the parcels of land involved in this controversy; 10. Hence, I am emphasizing that Lot 699, 2800, 903, 2000 and 847 all under Pontevedra Cadastre are owned and acquired by my late husband by virtue of Deed of Sale. Therefore, by operation of law, I am the true and lawful owner of the aforementioned lots. 11. Based on the foregoing, Tomas Viterbo, et.al, must not be allowed to process and register the above- mentioned parcels of land in their name prior the pendency of an Order of Finality and Execution from the Decision of the Court of Appeals. Thus, I am requesting your Office to REGISTER MY PROTEST on the Application of Registration pending before your Office; 12. I am executing this affidavit for all legal intents and purposes and the same was made according to our own free will and volition. IN WITNESS WHEREOF, I have hereunto affixed my signature, this __________________ at Roxas City, Capiz, Philippines.
TERESITA C. VITERBO Affiant
SUBSCRIBED AND SWORN to before me this ____________________ at Roxas City, Capiz, Philippines. I further certify that the Affiant freely executed and understood his Affidavit.
Cc:
REGIONAL DIRECTOR/ The Chief of Surveys and Mapping Division/ The Chief of Legal Services Division, DENR Regional Office VI, Iloilo City
