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Republic of the Philippines)

City of Dumaguete . . . . . . ). S. S.
X-----------------/

AFFIDAVIT OF BEING THE ONLY HEIR


AND/OR SUCCESSOR-IN-INTEREST TO SUCCEED
AND/OR INHERIT PROPERTIES OF TESTATE ESTATES

I, FELICIA CRUZ, legal age, single, Filipino and a resident of Futura Homes,
Piapi, Dumaguete City, after having been duly sworn to in accordance with law, state
and declare that:

1. I am the only child of the late Spouses Georgina M. Cruz and Gregory D. Cruz
who both died in Dumaguete City on November 21, 1990 and October 12, 2002,
respectively.

2. The said Spouses Georgina M. Cruz and Gregory D. Cruz each executed a
Last Will and Testament, copies of which are attached here as Annex A (with
submarkings) and Annex B (with submarkings).

3. As provided for and/or stated in each of the above-mentioned Last Will


and Testament of Spouses Georgina M. Cruz and Gregory D. Cruz, I am designated
and/or named by each spouse to succeed in their respective testate estate.

4. Upon the death of both Spouses V Georgina M. Cruz and Gregory D. Cruz,
each of their aforementioned Last Will and Testament was subject to the separate
petition for the probate or approval thereof, which petitions I filed with the Regional
Trial Court of Dumaguete City, and which petitions are docketed as Special
Proceedings No. 1632 (for the probate and/or approval of the Will of Georgina M. Cruz),
Special Proceedings No. 1428 (for the probate and/or approval of the Will of Gregory D.
Cruz), and all of said cases or proceedings were jointly heard and decided by Branch 33
of the Regional Trial Court of Dumaguete City.

5. On April 4, 2004, Branch 33 of the Regional Trial Court of Dumaguete


City, rendered a joint Judgment in the above-mentioned cases (Special Proceedings No.
1632 and Special Proceedings No. 1428) the dispositive portion of which states as
follows:

WHEREFORE, it is decreed as it is hereby decreed that the:

1. Last Will and Testament of Georgina M. Cruz is hereby


allowed into probate; and

2. Last Will and Testament of Gregory D. Cruz is hereby


allowed into probate.

Let a certificate of allowance, for which this Judgment will serve


as such, be issued, and attached to the will and the will and certificate be
filed and recorded in the Register of Deeds of Negros Oriental where the
lands of the testators lie.

SO ORDERED.
In camera, 4 April 2004, Dumaguete City, Philippines.

A copy of said Judgment is hereto attached as Annex C (with submarkings).

6. Sometime on August 28, 2007, I engaged the services of Atty. Veronica


Lopez to file in my behalf an Application for Retention covering four (4) parcels of land
which I inherited from Georgina M. Cruz and Gregory D. Cruz which are all situated in
Manjuyod, Negros Oriental, as said parcels of land were brought under the coverage of
PD 27. Said parcels of land are particularly described, as follows:

Lot Number Name of Beneficiary Area Covered

A. Lot 623 Stephanie Roa 1.2486


B. Lot 624-A Megan Cariaso 0.5621
C. Lot 625-B Rigel G. Tan 0.3613
D. Lot 626-C Kristine Licup 0.5397

8. In view of the foregoing circumstances, I hereby declare that I am the sole


heir and/or the only successor-in-interest who is entitled to succeed and/or inherit all
of the above-described four (4) parcels of land as well as all the other properties which
are included in the testate estates of the late Spouses Georgina M. Cruz and Gregory D.
Cruz and, as such, I hereby declare that I am entitled by law to file and pursue the
aforementioned Application for Retention.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 12th day of


April, 2011 in Dumaguete City, Philippines.

FELICIA CRUZ
Affiant

NOTARIAL JURAT

Republic of the Philippines)


City of Dumaguete . . . . . .) S. S.
X - - - - - - - - - - - - - - - - -/

PERSONALLY APPEARED BEFORE ME, a Notary Public, on this 4 th day of May,


2011, for the City of Dumaguete and the Province of Negros Oriental, Philippines,
specifically in the Municipalities of Sibulan, Bacong, Valencia, Dauin, Zamboangita and
Siaton, FELICIA CRUZ, who subscribed and sworn to the foregoing document
(AFFIDAVIT OF BEING THE ONLY HEIR AND/OR SUCCESSOR-IN-INTEREST TO
SUCCEED AND/OR INHERIT PROPERTIES OF TESTATE ESTATES) and who avow
under PENALTY OF LAW to the whole of the contents of the foregoing document.

I hereby certify that the said FELICIA CRUZ have been identified by me as the
undersigned Notary Public through Competent Evidence of Identity, as follows:

A. Identification Card: _______________________________________


which identification card bear the affiants picture and signature and basing on the
same, his signature appearing thereon is one and the same as the signature he affixed on
this document.

WITNESS MY HAND AND SEAL.

Doc. No. ____; ATTY. LOUISE MAE VICTORINO


Page No. ____; Notary Public until December 31, 2012
Book No. I ; for the City of Dumaguete and the
Series of 2011. Municipalities of Sibulan, Bacong, Valencia, Dauin,
Zamboangita and Siaton, all of the Province of Negros
Oriental under Notarial Commission No. 2010-078
IBP No. 816534 12-20-10 - Dgte City
PTR No. 8728902 -01-03-11 - Dgte. City
ROLL NO. 57881 Date of Admission: 04-12-10
MCLE Compliance No. IV-0001238; 01-12-11
Rm. 1, 2nd Flr., Uymatiao Bldg., Gov. M. F. Perdices St.,
6200 Dumaguete City

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