101 Resort Cloud 9 Siargao   >>  Welia Alipayo Submits Sworn Complaint with Multiple False Claims

In March 2014 Welia Alipayo Submits Sworn Complaint with Multiple False Claims

Welia Alipayo's Sworn Statement Full of Easily Disproven Lies

Every document stored in the Surigao Registry of Deeds Office confirms the ownership of Lot 2943-A belongs to Rodulfo Figuron.

Welia Alipayo's only evidence are tax documents prepared by Nestor Reyes which suspiciously contradicts the registered evidence such as title, Absolute Deed of Sale, etc.

There is a reason why every Tax Declaration issued in the Philippines contains the following statement:

"IMPORTANT: Issued for taxation purposes only and should not be considered as title to the property."

Below is a list of comments taken directly from Welia's Sworn Complaint which is posted at the bottom.

 

"In 1994, however, Pelagio Alipayo acquired the property from Silverio Gonzaga by way of Deed of Absolute Sale." (pg2)

False for multiple reasons:

1- The Deed of Absolute Sale from Pablo Alipayo to Silverio Gonzaga in 1978 lists Tax Dec 4242 with an area of .5625 sqm and the East boundary is Esperanza Figuron, wife of Juan Figuron and mother of Rodulfo Figuron.

2- The Deed of Absolute Sale from Silverio Gonzaga to Pelagio Alipayo in 1989 lists Tax Dec 4242 with an area of .5625 sqm and the East boundary is Esperanza Figuron, wife of Juan Figuron and mother of Rodulfo Figuron.

3- Aside from Nestor Reyes' tax records, 101 Resort owner Welia Alipayo does not have one single legal document recognized by the Philippine government to determine ownership of a property that suggests she is the owner of Lot 2943-A.

4- On the contrary, every single Title and Absolute Deed of Sale presented by Welia Alipayo only supports that Rodulfo Figuron is the owner of Lot 2943-A.

 

"Plaintiff acquired Lot No.2943-P located in Mainit, Catangnan by Deed of Donation executed in her favor by her father Pelagio Alipayo." (pg3)

1- The Deed of Absolute Sale from Pablo Alipayo to Silverio Gonzaga in 1978 lists Tax Dec 4242 with an area of .5625 sqm and the East boundary is Esperanza Figuron, wife of Juan Figuron and mother of Rodulfo Figuron.

2- The Deed of Absolute Sale from Silverio Gonzaga to Pelagio Alipayo in 1989 lists Tax Dec 4242 with an area of .5625 sqm and the East boundary is Esperanza Figuron, wife of Juan Figuron and mother of Rodulfo Figuron.

3- The Deed of Donation from Pelagio Alipayo to Welia Alipayo in 2004 is Tax Dec 2432 with an area of .5625 sqm, but now the East boundary is Lot 3198 which was never owned by Juan or Esperanza Figuron.

Every piece of evidence filed with the Registry of Deeds clearly shows that neither Juan nor Rodulfo Figuron ever sold any property and that lot 3198 never belonged to Juan Figuron, it belonged to Juana Figuron who was the heir of Hilario Espijon who is listed as the East boundary of Rodulfo Figuron's property.

 

"Juan Figuron whose parcel of land described as Lot No. 3198, adjoins that of Lot No. 2943-P." (pg3)

False for multiple reasons:

1- 101 Resort owner Welia Alipayo's own Deed of Absolute Sale and Title as registered by her clearly identify the East boundary as "Esperanza "Figuron" or "Lot 21453". Both of these properties are Lot 2943-A belonging to Juan Figuron.

2- Lot 3198 has never been owned by Juan Figuron, it was owned by Juana Figuron, a woman. The heirs of Juana Figuron testify to this in multiple affidavits.

 

For over 20 years the defendants have forcibly occupied Lot 2943-A and "threatened to fight to the death". (pg5)

False for multiple reasons:

1- Everybody who lives in Catangnan knows this to be false. Welia Alipayo states herself that she does not own lot 2943-A:

2- The page above also shows Welia Alipayo sitting between Lita Figuron and Dolores Figuron her Auntie. 

3- Welia keeps referring to them as her "family" and "neighbors". Welia assures her Tia Dolores "Like I told Ding, if I have any extra land I will give it back".

In a span of 6 months Welia's Auntie and Uncle went from loving family and neighbors to attempted murderers.

 

"But worse than the defendant's illegal occupation over plaintiff's property, defendants surreptitiously and fraudulently filing for title in pure bad faith." (pg5)

False for multiple reasons:

1- Pelagio Alipayo signed the Survey Notification Letter as required by the DENR.

2- As required by the DENR, Rodulfo Figuron posted multiple public notices 2000, 2002, "in plain view" within meters of the homes of Welia Alipayo's family in Catangnan village.

3- The survey conducted for Rodulfo Figuron for his Title was a subdivision, the only way to complete the survey was to enter the plaintiff's property yet there was not a single complaint. 

4- Welia Alipayo used Rodulfo Figuron's subdivision to title Lot 2943-B. Her title clearly states Lot 2943-B is also Lot 21454, and the only place that number originated was Rodulfo's subdivision.

5- Rodulfo Figuron saved every single little scrap of evidence from 1947 to the present: dozens of tax declarations, court orders, coconut tax cards, etc.

6- Welia Alipayo does not have a single written record of complaint for Rodulfo Figuron and family forcibly entering and occupying her property.

7- Rodulfo Figuron's family had been warned ahead of time about Nestor Reyes and Welia plotting to take part of their property so they recorded the meeting on video which clearly and repeatedly catches Welia Alipayo contradicting her Complaint sworn to under oath.

8- Rodulfo Figuron does have a written court order regarding unlawful entry into Lot 2943-A and the defendants are Welia Alipayo and Mike Archibald. They came into the property to take part of Stuart Cadan's house because of an unpaid payment because he left and never returned.

9- There have been many foreigners living on Lot 2943-A since 1997 on long term leases and none have ever been accused of or witnessed the Figurons "taking up bolos and threaten to fight to the death".

10- Some of the original foreigner long term lease owners still occupy Lot 2943-A to this day and there are many more who will testify that Rodulfo Figuron and his family have always peacefully occupied Lot 2943-A. Rodulfo Figuron has copies of all leases.

 

"It is apparent that defendants and their father Juan Figuron decided to unlawfully enter plaintiff's property since the property they own under Lot 3198 has shrunk dramatically due to several transfers." (pg5)

False for multiple reasons:

1- Juan Figuron has never sold any piece of 2943-A that is not currently in the possession of Rodulfo Figuron. Welia Alipayo has never produced a single document to prove otherwise.

2- The heirs of Juana Figuron, a woman, sold Lot No. 3198.

3- All documents in the Surigao Registry of Deeds Office list lot 3198 as the property of Hilario Espijon and his heirs.

 

"Thus, in 1998 under Tax Dec 2430, the area of the property of Juan Figuron has reduced to 1,676 square meters." (pg5)

False for multiple reasons:

1- Lot 3198  was never owned by Juan Figuron, it was owned by Juana Figuron.

2- The heirs of Juana Figuron sold Lot 3198.

3- The heirs of Juana Figuron sign a sworn affidavit that Lot 3198 belongs to them, not Juan Figuron.

4- Gina Escosura, the Assistant Municipal Tax Assessor Assistant, clearly explained to Rodulfo Figuron that when Lot 3198 was sold by the heirs of Juana Figuron Nestor Reyes"accidentally" identified the wrong property.

 

"Rodulfo Figuron personally confessed through admission in public that he mistakenly used Lot 2943-P to file for his title."  (pg6)

1- The Provincial Tax Assessors repeatedly threatened a 74 year old farmer and told him that his Tax Number was 3198 and only 1676 sqm. 

Once Rodulfo's children heard what the assessors were saying and looked at Rodulfo's documents, they knew that Assistant Municipal Assessor Gina Escosura was probably correct when she warned their family months earlier than Nestor Reyes was planning to "assist" Welia Alipayo with claiming some of Lot 2943-A.

2- On the videos page, at the conclusion of the meeting, the Provincial Tax Assessor representatives said that Welia was to receive 1041 square meters, therefore 9,680 sqm still belonged to Rodulfo Figuron.

 

"Pablo Alipayo occupied, cultivated and continuously possessed Lot 2943-P from 1948 to 1994." (pg2)

False for multiple reasons:

1- Pablo Alipayo died in 1949.

2- Welia Alipayo uses the same dead guy to "occupy" the Figuron's property that was used to secure the 101 Resort property.

3- Arlencio Alipayo and the previous owners all identify Lot 2943-P as Lot 2943-B, not 2943-A.

 

"Tax Declaration No. 8472 in plaintiff's name for 2008 with an assessed value of P17,570 which is within the jurisdiction of the Honorable Court."

False for multiple reasons:

1- Arlencio Alipayo and the previous owners all identify Lot 2943-P as Lot 2943-B, not 2943-A.

2- Tax Declaration 8472 identifies Lot No. 2943-B not Lot 2943-A, as proven by all Titles, Deeds of Absolute Sales and multiple affidavits from both the living and the deceased.

 

"That I do hereby confirm that the Hrs. of Juan Figuron rep. by Rodulfo Figuron (has) done a deceptive action... I found out that the lawful owner is Pablo Alipayo acquired by Silverio Gonzaga by virtues of Deed of Absolute Sale, then acquired by Pelagio Alipayo."

"That this Lot No. 2943-P owned by Welia A. Archibald containing an area of 5,625 sqm under Tax Dec 8765 has been included in Lot No. 2943-A under Title No. 14816 containing an area of 10,721 sqm."

"That in fact, the entire property described in Tax Dec 8472 for Welia A. Archibald by or under the following boundaries: East, by Lot 3198."

"That it is therefore clear that there is an imperative need to declare Rodulfo Figuron's title null and void and reconvey the property in favor of Welia A. Archibald."

Welia's Deeds of Sale and Titles all indicate the East boundary is Rodulfo Figuron, not Lot 3198. Only a false Trasnfer of Deed contradicting all other documents and the "errors" of Nestor Reyes indicate in Welia's favor.

Once again 101 Resort owner Welia A. Archibald is using a Tax Declaration prepared by Nestor Reyes as her evidence to forcibly evict 9 local families.

All of the documents above clearly indicate "an imperative need" to publish this website to prevent Welia Alipayo et al. from successfully claiming yet another piece of property.

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