REPUBLIC OF THE PHILIPPINES)

CITY OF LAPU-LAPU ) S.S

AFFIDAVIT OF REPUDIATION

I, PROCESO T. SOLIBIO, of legal age, Filipino, married to MARIBETH M. SOLIBIO and a

resident of Lapu-Lapu City, after having been sworn to in accordance with law hereby
deposes and says:

1. That I am the owner and administrator of a real estate property covered by

Transfer Certificate of Title (TCT) No. 26496 situated in Barangay Gub-Ob, Lapu-
Lapu City with an area of about 512 square meters.

2. That presently, a portion of my property is temporarily used as pathway in favor

of several adjoining properties, one of which is claimed by CARINA DUCUSIN.

3. That I was a Respondent in a Complaint filed by CARINA DUCUSIN (Complainant)

on 9 November 2017 before the Office of the Punong Barangay of Barangay Gun-
Ob, Lapu-Lapu City, docketed as Barangay Case No. 2017-11-0445, for
confrontation on the issue of right of way involving my property.

4. That on 12 December 2017, an Agreement (Kasabutan) was entered into with

CARINA DUCUSIN before the Office of the Punong Barangay, which was attested
by JOSE P. DUNGOG, the Punong Barangay. A copy of the said Agreement is
hereto attached as Annex A.

5. That said Agreement stipulates that I, as Respondent, has agreed to the following:

a. Gikauyonan nga ang Respondent mohatag ug road right of way 2 meter

sa iyang luna isip agi-anan sa tanang mga silingan karon dayon

b. Gikauyonan nga ang paghatag walay monetary consideration kon dili sa

iyang kaugalingong kabubut-on

6. That although my native tongue is Ilonggo but I am conversant in the Cebuano

dialect. Nevertheless, I have translated the above preceding statements in English
after consultation with local Cebuanos, as follows:

a. It is agreed that the Respondent shall give road right of way 2 meter of his
lot to ALL neighbors immediately.

b. It is agreed that the giving of said road right of way is with no monetary
consideration but is done voluntarily.

7. That the word ALL (Tanan) is a defect in the agreement because during the
hearing before the Punong Barangay, I have agreed to give right of way at no cost
to CARINA DUCUSIN ONLY, after the latters continuous prodding and because she
is a family friend. However, we never had any intention to be bound to give right
of way freely to any other person especially those not a party in the Complaint.

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8. That there are several neighbors temporarily using our property as pathway and
CARINA DUCUSIN is only one of them. She has no personality to represent all of
neighbors, even if some are her relatives, because she was not able to present
any authorization or Special Power of Attorney during the hearing before the
Punong Barangay. In any case, I could not be bound to those who are not parties
to the Kasabutan.

9. That the Kasabutan is flawed, defective and invalid as it did not reflect the real
intent of the parties. There was no meeting of the minds because our true
intention was not expressed in the Kasabutan purporting to embody the
agreement.

10. That my consent for signing the Kasabutan is clearly vitiated due to fraud
because although all the parties, including the Complainant and the Punong
Barangay, know that I was only making concessions and accommodations to
CARINA DUCUSIN out of goodwill, they are still able to surreptitiously made it
appear in the Kasabutan that I am also giving road right of way to other persons
not a party to the Kasabutan.

11. That apparently CARINA DUCUSIN, through her actions, has abused the trust and
confidence that I have reposed upon her.

12. That after realizing that the Kasabutan is invalid, I immediately went to
Barangay Gub-Ob on 13 December 2017 to ask for the reformation of the
Kasabutan in order to rectify the defects, but the Punong Barangay refused my
request.

13. That on the same day 13 December 2017, I relayed to the Punong Barangay my
intention to repudiate the Kasabutan entirely on the grounds discussed above,
but he refused to accommodate me claiming that the Kasabutan is already
final.

14. That under the Revised Katurangan Pambarangay Law, any of the involved parties
have the right to repudiate the agreement entered into before the Punong
Barangay within 10 days from the date of such agreement.

15. That I believe it is a ministerial duty of the Punong Barangay to accept and attest
the filing of repudiation as provided in Revised Katurangan Pambarangay Law.
Thus, he has no right to refuse my request.

16. That, due to the foregoing facts and circumstances, I hereby REPUDIATE the
Agreement (Kasabutan) entered into with the parties on 12 December 2017
attested by JOSE P. DUNGOG, the Punong Barangay of Barangay Gun-Ob, on the
ground of vitiated consent based on fraud.

17. As such, I am executing this Affidavit to attest to the truth of the foregoing.

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 IN WITNESS WHEREOF, I have hereunto set my hand this ___________________ in
Lapu-Lapu City, Philippines.

PROCESO T. SOLIBIO
Affiant

SUBSCRIBED and SWORN to before me this ________________ affiant exhibiting to

me his ______________________, issued on _________________ at ______________,
Philippines.

Doc. No. _______;

Page No. _______;
Book no. _______;
Series of 2017.