Can an Affidavit of Waiver cancelled?

is there any possible ways to cancel an Affidavit of Waiver?

it depends on what kind of waiver. if it can be shown that it was not duly executed, else the presumption is that it is valid.

attyLLL wrote:it depends on what kind of waiver. if it can be shown that it was not duly executed, else the presumption is that it is valid.

Thanks for the quick reply AttyLLL.

what do you mean about duly executed.

content of the waiver:

1. That I know personally one, named Mxxx Vxxx who died sometime in 1988 in barangay Abgao, municipality of Malitbog, Southern Leyte;

2. That I know him quite well because we are both long time residents of the oft-mentioned place besides, we are adjoining owners of parcels of land situated in barangay of abgao, Malitbog designated as Lot No. 3258, Cad. 521-D, belonging to and presently possessed by the heirs of Mxxxx Vxxxxx and Lot No. 3254, Cad. 521-D, likewise belonging to and presently possessed by the herein affiant;

3. That i a relocation survey conducted recently on my property, Lot No. 3254, Cad. 521-D, had encroached a portion of 26 sq. m. on Lot No. 3258, Cad 521-D, the Land claimed by the heirs of Mxxxx Vxxxx which erroneously encroached portion is more particularly described as follows:

"It is a portion of land which was by mistake included in the survey of my land designated as Lot No. 3254, Cad. 521-D, containing an area of 28 sq. m. & bounded as follows: on the East, by Lot No. 3258, Cad. 521-D; South, by Lot No. 3261, Cad. 521-D; on the West, by the remaining portion."

4. That since I have no right, interest and or participation whatsoever on the above described portion of land as I recognized the heirs of Mxxxx Vxxxxx as the rightful claimant thereof, I hereby waive and relinquish whatever right and interest that I might have had on the above described portionof land in favor of the latter or to any person who may come to legally possess and own the same under our existing laws.

5. That I execute this affidavit freely and voluntarily in order to attest to the truth of all the foregoing.

our reason to cancel this affidavit is because all the documents presented to us by the heirs of Mxxxxx Vxxxxx in claiming ownership of the said Lot No. 3258, Cad. 521-D is without bases.

please remove the full names. you can get into trouble for this.

in the absence of a pending case, i recommend you issue a new affidavit and state the reasons why you believe there has been a mistake or fraud. then write a letter to whatever agencies (court or DENR, etc.) where your affidavit may have been used and attach your affidavit.

at this moment the affidavit is being used as supporting papers for acquiring land title of unclaimed public land.

is it necessary to inform the lawyer who notarized the affidavit of waiver that we would like to contest?

no, it is not necessary. is that lawyer involved in the transaction or he is just an independent notary?

he is just an independent notary Sir. tanx for the replies...