Judicial Affidavit

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udicial affidavit; expanded sample

format
REPUBLIC OF THE PHILIPPINES
xxx Judicial Region
REGIONAL TRIAL COURT
xxx, Rizal
Branch No. xx
HEIRS OF SPS. SERAFIN xxx

AND LUZ xxx, SPS.
LUZ xxx AND
SERAFIN xxx; and
Xxx RESORT,
INCORPORATED, Civil Case No. xxx
Plaintiffs,
- versus – For: Annulment of Transfer

Certificate of Title No.
LEONORA xxx, xxx; Etc.
Annulment of
And Those Acting Under
Her Authority; and the
REGISTER OF DEEDS OF
RIZAL
Defendants.
x---------------------------------------------x
JUDICIAL AFFIDAVIT
(Rule on Judicial Affidavit,
A.M. No. 12-8-8-12, September 4, 2012)
I. PRELIMINARY INFORMATION.
A. NAME AND OTHER PERSONAL CIRCUMSTANCES OF THE WITNESS.
Name : IRENE xxx

Age : xxx;
Address : xxx St., xxx, Rizal;
Occupation : Housewife;
Language : English and Tagalog.
B. LAWYER WHO CONDUCTED OR SUPERVISED THE EXAMINA TION OF THE

WITNESS.
Name : Atty. MANUEL J. LASERNA JR.
Address : LASERNA CUEVA-MERCADER LAW

OFFICES, Unit 15, Star Arcade, C.V. Starr Ave., Philamlife Village, Las Pinas City 1740.
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Place of Examination: LASERNA CUEVA-MERCADER LAW OFFICES,

Law Offices, Unit 15, Star Arcade, C.V. Starr Ave., Philamlife Village, Las Pinas City 1740.
II. OFFER.
The testimony of the witness Irene Xxx-Xxx is being offered to prove the:
1. The identity of the real property subject matter of this case;
2. The questioned land title in the name of the defendant covering the subject property;
3. The antecedent land titles of the questioned land title of the defendant;
4. The legal history of the antecedent and the current/questioned land titles;
5. The identities of the legal heirs/plaintiffs claiming the subject property;
6. The identities of the predecesors-in-interest/decedents of the said legal heirs/plaintiffs;
7. The legal bases for the claim/prayers of the plaintiffs.
III. JUDICIAL AFFIDAVIT PROPER.
I, IRENE XXX, xxx years old, married, Filipino, and residing at xxx St., xxx, Rizal, under oath,
depose:
1. Q – Please state your name, age, residence, and occupation of the witness.
A – I am IRENE XXX-XXX, 51 years old, married,

residing at xxx St., xxx, Rizal, and a Housewife.
2. Q- Why are you here now?
A – To give a sworn statement by way of a judicial affidavit, the

same to constitute as my direct testimony, in the above-captioned
civil case.
3. Q- For the record, please state the name and address of the
Lawyer who is now conducting or supervising your examination and the place where the examination
is being held now?
A – The legal counsel for the plaintiffs, Atty. Manuel J. Laserna Jr.,
is conducting or supervising my examination now at his law office
(Laserna Cueva-Mercader Law Offices) located at:
Unit 15, Star Arcade, C.V. Starr Ave., Philamlife Village,

Las Pinas City 1740.
4. Q – In what language do you want your examination to be conducted?
A – This judicial affidavit is prepared in English.
But I prefer that my cross examination be conducted in

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Tagalog for my convenience and for clarity.
5. Q – Do you undertake to answer the questions to be asked of you, fully conscious that you will do
so under oath, and that you may face criminal liability for false testimony or perjury?
A -Yes.
6. Q – Let us now proceed to the Complaint. Do you know the

plaintiffs “Heirs of (the deceased) Sps. Serafin Xxx and Luz Xxx-Xxx (Heirs of the Sps. Xxx)”, namely:
a. Josefina Xxx and
b. The children of Jose Manuel Xxx, namely:
i. Ken
Jefferson Xxx,
ii. KateJennelyn Xxx,
iii. Katty Jane Xxx, and
iv. Kris Jennifer Xxx?
A – Yes. They are relatives of mine.
7. Q – Do you the plaintiffs “Heirs of (the deceased) Sps. Luz
Xxx-Xxx and Serafin Xxx”, namely:
a. Irene Xxx Xxx and

b. Yvette O. Xxx?
A - Yes.
I am Irene A. Xxx. Yvette O. Xxx is my sister.
8. Q - Do you know the plaintiff “xxx RESORT,

INCORPORATED”, represented in this case by its President
xxx FLORANTE xxx?
A – Yes.
Xxx Resort Inc., thru its President, xxx Florante

Xxx, has bought from the plaintiffs the real property subject matter of this case.
9. Q - Do you know the defendant in this case, LEONORA

XXX?
A – Yes. She is a relative of my mother’s first husband.
My deceased mother was LUZ XXX VDA. DE XXX.
Her first husband was SERAFIN XXX (deceased).
10. Q - Why are your testifying in this case?
A – I am testifying in this case as an heir of the deceased Sps. Luz

Xxx-Xxx and Serafin Xxx.
I am a co-plaintiff in this case.
This case is for:

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a. Annulment of Transfer of Certificate of Title No. xxx registered in the name of defendant LEONORA XXX
(“Xxx”), and all persons acting under her authority, covering a parcel of land located in Barrio Balimbing,
Municipality of Xxx, Rizal (“subject property”);
b. Accion Reivindicatoria or recovery of the ownership of the subject property from defendant XXX and
persons acting under her authority in favor of XXX RESORT as the BUYER of the subject property from
the plaintiffs;
c. Recovery of the possession of the subject property from defendant XXX and persons acting under her
authority in favor of XXX RESORT as the BUYER of the subject property from the plaintiffs;
d. DAMAGES based on the provisions of ABUSE OF RIGHT (pursuant to Articles 19 and 20 of the Civil
Code) and TORT or QUASI DELICT and TORT/DAMAGES (pursuant to Article 2176 and the damages
provisions of the Civil Code).
11. Q - Are you familiar with the real property subject matter of this
case?
A - Yes. I live in Xxx, Rizal, where the subject pr0perty is also
located and I always visit the subject property.
12. Q - Can you describe the subject property?
A - Yes. The subject property is a parcel of land registered in the

name of the defendant XXX under Transfer of Certificate of Title (TCT) No. xxx, issued by the Registry of
Deeds of the Province of Rizal on xxx, 1981.
It is covered by Tax Declaration No. xxx in the name of defendant Xxx with an assessed value of Pxxx.
It has an area of xxx SQUARE METERS, more or less.
13. Q - Are you familiar with the history of the land title of the
subject pr0pety registered in the name of the defendant
Xxx?

A – Yes.
I have researched and investigated the history of the
subject property before we filed this case.
I have also interviewed the living elders of our clan (heirs of Juez Manuel Xxx) about the history of the
subject property. I was assisted in the research and investigation by my husband, Jose J. Xxx, and the
lawyers for the plaintiffs, the Laserna Cueva-Mercader Law Offices.
14. Q – Who is the deceased Juez Manuel Xxx?
A - The deceased Juez Manuel Xxx is the grandfather of the

plaintiffs and the defendant Xxx.
He was the original registered owner of a parcel of land under Certificate of Title No. xxx by the Register
of Deeds of the Province of Rizal, pursuant to a Sales Patent No. xxx issued xxx, 1927, located in Xxx,
Rizal with an area of fifteen (15) hectares.
15. Q – Who was the wife of Juez Manuel Xxx?

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A – The wife of Juez Manuel Xxx was the deceased Pelagia R. Xxx.
The late Juez Manuel Xxx and the late Pelagia Xxx were lawfully married to each other on xxx , 1924 in
Xxx, Rizal.
16. Q – What is the relation of Pelagia Xxx to the subject

property?
A - On xxx, 1922, the late Pelagia Xxx was issued

Certificate of Title No. xxx by the Register of Deeds of the Province of Rizal, pursuant to Sales Patent No.
xxx, for a parcel of land located in Xxx, Rizal with an area of xxx hectares.
The property formed part of her conjugal partnership with her husband, the deceased Juez Manuel Xxx.
17. Q – When did Juez Manuel Xxx die?
A – Juez Manuel Xxx died on xxx, 1949.
18. Q – When did Pelagia Xxx die?
A - Pelagia Xxx died on xxx, 1957.
19. Q – Who were the heirs of the deceased Sps. Juez

Manuel Xxx and Pelagia Xxx?
A – The heirs of the deceased Spouses Juez Manuel Xxx and

Pelagia Xxx was their only surviving child and their only heir Serafin Y. Xxx.
As the only surviving child and the only heir of the deceased Sps. Juez Manuel Xxx and Pelagia
Xxx, Serafin Xxx inherited the abovementioned parcels of land owned by his deceased parents.
20. Q – What legal instrument did Serafin Xxx execute

to cause the transfer of the ownership of the estate of his deceased parents in his name?
A - In xxx 1958, Serafin Xxx executed an Affidavit of

Adjudication.
21. Q - What happened next?
A - On November 10, 1958, Transfer Certificate of Title

(TCT) No. xxx was issued by the Registry of Deeds of the Province of Rizal in the name o Serafin Xxx.
22. Q – Do you know the wife of Serafin Xxx?
A – Yes. Serafin Xxx married Luz Xxx on xxx, 1952 in Cardona, Rizal.
23. Q - When did Serafin Xxx die?
A - Serafin Xxx died on xxx, 1958.
24. Q – Who were the legal heirs of Serafin Xxx?

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A - The legal heirs of Serafin Xxx heirs were his widow Luz Xxx Vda de Xxx and their two (2) children
Josefina Xxx and Jose Manuel Xxx.
25. Q – How did the legal heirs of the deceased Serafin Xxx
partition his estate?
A – The parcel of land covered by TCT No. xxx

registered in the name of Serafin Xxx, married to Luz Xxx, with an area of xxx square meters, was
subsequently divided into three parcels, with separate three (3) titles, in the names of Luz Vda De Xxx –
1/3; Josefina Xxx – 1/3; and Jose Manuel Xxx – 1/3, to wit:
a. Luz Vda. De Xxx - TCT No. xxx with an area of xxx square meters (representing her conjugal share plus
her legitime from the estate of her deceased husband Serafin Xxx);
b. Josefina Xxx - TCT No. xxx with an area of xxx square meters (representing her legitime from the estate
of her deceased father Sarafin Xxx); and
c. Jose Manuel Xxx - TCT No. xxx with an area of xxx square meters (representing his legitime from the
estate of her deceased father Sarafin Xxx).
The Plan of Subdivision Survey made for the estate of the deceased Serafin Xxx (TCT No.xxx) was made
by Private Land Surveyor Julian B. Santos in 1959.
26. Q - Are you familiar with the parcel of land covered TCT No. xxx in the name of Luz Vda. De Xxx, the
widow of Serafin Xxx?
A – Yes. It is a parcel of land described as Lot 1 of the subdivision

plan (LRC), Psd-xxx; being a portion of the parcel of land described on plan Si-xxx, LRC (GLRO) Rec. No.
(Sales Patent), situated in the Barrio of Balimbing, Municipality of Xxx, Province of Rizal, with an area of
xxx SQUARE METERS, more or less.
27. Q – When Serafin Xxx died in 1958, how old were his
children Josefina Xxx and Jose Manuel Xxx.
A - At the time of the death of Serafin Xxx in 1958, his two (2) surviving children, namely, Josefina Xxx and
Jose Manuel Xxx, were still both minors.
Josefina Xxx was born on xxx, 1954 and she was only over three (3) years old when her Father Serafin Xxx
died.
Jose Manuel Xxx was born on xxx, 1957 and he was only slightly over one (1) year old when his father
Serafin Xxx died.
28. Q - Do you know the deceased Gregoria Xxx?
A - Yes. Gregoria Xxx Xxx was an aunt of Josefina

Xxx and Jose Manuel Xxx.
29. Q – What is the relation of Gregoria Xxx Xxx to the

subject property subject matter of this case?
A - During the lifetime of the deceased Gregoria Xxx Xxx

she caused the execution of three (3) simulated and void
Deeds of Absolute Sale covering the parcel of land registered
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under TCT No. xxx with an area of xxx square

meters, to wit:
a. Deed of Absolute Sale, dated xxx, 1974, allegedly executed by Luz Xxx Vda De Xxx in favor of Gregoria
Xxx Xxx for Pxxx covering her one-third share on the parcel of land covered by TCT No. xxx.
b. Deed of Absolute Sale, dated xxx, 1977, allegedly executed by Josefina Xxx in favor of Gregoria Xxx Xxx
for Pxxx covering her one-third share on the parcel of land covered by TCT No. xxx.
c. Deed of Absolute Sale, dated xxx, 1979, allegedly executed by Jose Manuel Xxx in favor of Gregoria Xxx
Xxx for Pxxx covering his one-third share on the parcel of land covered by TCT No. xxx.
30. Q – Why do you say that the said three (3) deeds of sale (c. 1974, 1977, and 1979) were void and
simulated?
A - The reasons are as follows based on our family records:
a. The alleged signature of Luz Vda De Xxx on the alleged Deed of Absolute Sale, dated XXX, 1974 was not
the true signature of Luz Xxx Vda De Xxx.
Thus, the alleged signature of Luz Xxx Vda De Xxx was a forgery.
The said Deed of Absolute Sale is NULL and VOID ab initio and INEFFECTIVE for lack of consent.
b. Moreover, the alleged consideration of Pxxx for the sale of the 1/3 share of Luz Xxx Vda De Xxx on the
parcel of land under TCT No. xxx was not paid by Gregoria Xxx Xxx.
The said Deed of Absolute Sale is rendered NULL and VOID ab initio and INEFFECTIVE for lack of
consideration.
c. The alleged signature of Jose Manuel Xxx on the alleged Deed of Absolute Sale, dated xxx, 1979 IS NOT
the signature of Jose Manuel Xxx.
Thus, the said alleged signature of Jose Manuel Xxx was a forgery.
d. Further, the alleged consideration of Pxxx for the sale of the 1/3 share of Jose Manuel Xxx in the land
covered by TCT No. xxx was not paid by Gregoria Xxx Xxx.
consideration.
e. The signature of Josefina Xxx on the Deed of Absolute Sale, dated xxx, 1977 WAS NOT VOLUNTARILY
AFFIXED by her as she was INFLUENCED (and was not in a position to decline) to sign the same by her
aunt Gregoria Xxx.
f. Moreover, the alleged consideration of Pxxx for the sale of the 1/3 share of Josefina Xxx on the parcel of
land under TCT No. xxx was not paid by Gregoria Xxx Xxx.
consideration.
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31. Q – What happened next?
A – Based on the aforecited three (3) Deeds of Absolute Sale,

TCT No. xxx was issued in the name of Gregoria Xxx
Xxx by the Registry of Deeds of the Province of Rizal on
December 9, 1980.
Subsequently, the TCT No. M-xxx was issued on xxx, 1981 by the Registry of Deeds of the
Province of Rizal in the name of the defendant Leonora Xxx, a niece of Gregoria Xxx Xxx, based on a
deed of sale executed by Gregoria Xxx Xxx in favor of the defendant Xxx on xxx, 1979.
It was annotated at the back of TCT No. xxx on xxx, 1981 as Entry No. xxx.
32. Q - Why are you running after the defendant Xxx for
the subject property?
A – We, the plaintiffs, are running after the defendant Xxx in
this case because the legal defects in the title of Gregoria
Xxx Xxx under TCT No. xxx were transferred
to the defendant Xxx as the transferee of Gregoria
Xxx Xxx.
We believe that the parcel of land covered

by TCT No. xxx still belongs to Luz Xxx Vda De
Xxx, Josefina Xxx and Jose Manuel Xxx.
33. Q- Did Luz Xxx Vda Xxx (Luz Xxx) remarry?
A- Yes. She entered into a second marriage with Serafin Xxx on xxx, 1960.
34. Q - Did the Sps. Luz Xxx and Serafin Xxx have
children?
A – Yes. They had two (2) children, namely, myself, Irene O.

Xxx, married to Jose J. Xxx, and my sister Yvette O.
Xxx.
35. Q - Where is Jose Manuel Xxx now?
A – He died on xxx, 1989.
36. Q – Who are the legal heirs of the deceased Jose Manuel Xxx?
A - The late Jose Manuel Xxx was survived by his four (4)
children, namely:
(1) Ken Jefferson Xxx,

(2) Kate Jennelyn
Xxx,
(3) Katty Jane Xxx, and
(4) Kris Jennifer Xxx. They
are co-plaintiffs in this case.
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37. Q – Where is Luz Xxx-Xxx (Luz Vda. De Xxx) now:
A – She died on xxx, 1991.
38. Q – Who were the legal heirs of Luz Xxx-Xxx (Luz Vda. De Xxx)?
A. He legal heirs were the following:
a. Her second husband Serafin Xxx;
b. Her children and grand children from her first marriage:
b.1. Josefina Xxx; and
b.2. The children of Jose Manuel Xxx:
 Ken Jefferson Xxx;

 Kate Jennelyn Xxx;
 Katty Jane Xxx; and
 Kris Jennifer Xxx.
c. Her children from her second marriage: Myself, Irene Xxx-Xxx; and Yvette Xxx.
39. Q – Where is Serafin Xxx (second husband of the widow Luz Xxx-Xxx [Luz Vda. De Xxx])now?
A – He died on xxx, 2008.
40. Q- Who are his legal heirs?
A - The surviving legal heirs of the deceased Sps. Serafin Xxx and the deceased Luz Xxx are:
a. Josefina Xxx;
b. The children of Jose Manuel Xxx; and
c. The surviving legal heirs of the Sps. Luz Xxx and Serafin Xxx, i.e., myself Irene Xxx-Xxx and my sister
Yvette Xxx.
41. Q -What is your computation of the shares of the plaintiffs from the subject property?
A – Their shares are as follows:
a. Josefina Xxx - xxx square meters;
b. Children of Jose Manuel Xxx, sharing equally among them:
 Ken Jefferson Xxx,

 Kate Jennelyn Xxx,
 Katty Jane Xxx, and
 Kris Jennifer Xxx
- xxx square meters;
c. Irene Xxx-Xxx - xxx square meters;
d. Yvette Xxx - xxx square meters.

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The total of the above sharing is xxx square meters.
42. Q – What is the relation of Xxx Resort to the subject property?
A - The plaintiffs Heirs of Sps. Xxx have sold the subject

property to the XXX RESORT, INC., represented by its
President xxx FLORANTE XXX, as contained in the “Deed
of Extrajudicial Partition; with Deed of Absolute Sale; Waiver of
Rights; and Special Power of Attorney, dated xxx, 2012.
In the said deed, the plaintiffs have also executed a special power
of attorney in favor of xxx Xxx and the lawyers for the
plaintiffs, Atty. Manuel Laserna Jr. and/or Atty. Myrna
Mercader to represent them in all stages of this case.
43. Q – What reliefs do you seek from the Court?
A – We seek the following reliefs:
a. The annulment of TCT No. xxx registered in the name of defendant LEONORA XXX.
b. The recovery of the ownership (accion reinvindicatoria) of the subject property from defendant
LEONORA XXX (and those acting under her authority) in favor of co-plaintiff XXX RESORT, INC. as the
BUYER of the subject property from the plaintiffs Heirs of Sps. Serafin Xxx and Luz Xxx-Xxx.
c. The recovery of the possession of the subject property from defendant LEONORA XXX (and those acting
under her authority) in favor of XXX RESORT, INC. as the BUYER of the subject property from the
plaintiffs Heirs of Sps. Serafin Xxx and Luz Xxx-Xxx.
d. The award of the following damages based on the provisions of ABUSE OF RIGHT and TORT or QUASI
DELICT, pursuant to Articles 19 and 20 (abuse or right) in relation to Articles 2176 (tort/quasi delict)
and Title XVIII (“Damages”) of the Civil Code, to wit:
d.1. Moral damages in the amount of P500,000.00 in favor of the lead plaintiffs Heirs of the Sps. Xxx for
their physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings,
moral shock and social humiliation of the lead plaintiffs Heirs of the Sps. Xxx;
d.2. Exemplary damages in the amount of P500,000.00 in favor of the lead plaintiffs Heirs of the Sps.
Xxx by way of example or to serve as correction for the public good.
d.3. Attorneys fees in the amount of Pxxx as acceptance fees for the legal services of the Laserna Cueva-
Mercader & Associates Law Offices as the Legal Counsel of XXX RESORT, INC., plus appearance fee per
hearing in the amount of Pxxx per hearing;
d.4. Litigation costs in the amount of P100,000.00;
d.5. Costs of suit.
44. Q – What documents do you wish to submit to the Court?
A – We hereby reiterate our “EX PARTE MOTION TO INSTRUCT THE BRANCH CLERK
OF COURT TO MARK THE COMMON EXHIBITS”, dated xxx, 2015, and support of our
earlier “EX PARTE MANIFESTATION (ADOPTION OF SELECTED DEFENDANT’S EXHIBITS
AS PLAINTIFFS’ COMMON EXHIBITS)”, dated xxx, 2015, we, by counsel, manifested to the Court
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that we were ADOPTING as COMMON EXHIBITS the following exhibits previously introduced by

the defendant Xxx which were attached to the Judicial Affidavit of the first witness for the
defendant Xxx in the person of LIGAYA xxx, to wit:
“X x x.
1. As Exhs. “A” to “A-5” for the plaintiffs - Exh. “1” to “1-E” of the Xxx judicial affidavit, i.e., TCT No. M-xxx,
with submarkings, including the last page entitled Memorandum of Encumbrances.
2. As Exhs. “B” to “B-4” for the plaintiffs - Exh. “2” to “2-B” of the xxx judicial affidavit, i.e., DEED OF
ASSIGNMENT executed by GREGORIA XXX, with submarkings.
3. As Exh. “C” to “C-3” for the plaintiffs - Exh. “3” to “3-C” of the Xxx judicial affidavit, i.e., TCT NO. M-xxx,
with submarkings.
4. As Exh. “D” to “D-1” for the plaintiffs - Exh. “4” to “4-(not legible)” of the Xxx judicial affidavit, i.e., TCT
NO. xxx, with submarkings.
5. As Exh. “E” for the plaintiffs - Exh. “5” of the Xxx judicial affidavit, i.e., DEED OF ABSOLUTE SALE
executed by LUZ XXX VDA. DE XXX, consisting of one (1) page.
6. As Exh. “F” for the plaintiffs - Exh. “6” of the Xxx judicial affidavit, i.e., DEED OF ABSOLUTE SALE
executed by JOSE MANUEL XXX, consisting of one (1) page.
7. As Exh. “G” for the plaintiffs - Exh. “7” of the Xxx judicial affidavit, i.e., DEED OF ABSOLUYE SALE
executed by JOSEFINA XXX, consisting of one (1) page.
8. As Exh. “H” for the plaintiffs - Exh. “8” of the Xxx judicial affidavit, i.e., CERTIFICATION dated xxx,
2014, of the National Archives of the Philippines, consisting of one (1) page.
9. As Exh. “I” for the plaintiffs - Exh. “9” of the Xxx judicial affidavit, i.e., CERTIFICATION dated xxx,
10. As Exh. “J” for the plaintiffs - Exh. “10” of the Xxx judicial affidavit, i.e., CERTIFICATION dated xxx,
11. As Exh. “K” to “K-11” for the plaintiffs - Exh. “16” to “16-FF” of the Xxx judicial affidavit, i.e., VARIOUS
OFFICIAL RECEIPTS FOR PAYMENTS OF LOCAL REAL ESTATE TAXES issued to Defendant
LEONORA V. XXX (marked as Exhs. “16” to “16-Z” for the Defense) and issued to xxx DEV. CORP.
(marked as Exhs. “16-AA” to “16-FF” for the Defense).
12. As Exh. “L” to “L-1” for the plaintiffs - Exh. “16-GG” to “16-JJ” of the Xxx judicial affidavit, i.e., TAX
DECLARATION NO. xxx (Exh. “16-GG”, etc.) and TAX DECLARATION NO. xxx (Exh. “16-II”, etc.),
consisting of two (2) pages.
13. As Exh. “M” for the plaintiffs - Exh. “19” of the Xxx judicial affidavit, i.e., topographical map showing the
location of LOT NO. 1 (LRC) PSD – xxx, A (area) = xxx sq. m., M-xxx.
X x x.”
45. Q – What else, if any?

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A – I hereby introduce, for marking purposes, the following exhibits which were already attached to the
Complaint as Annexes “A” to “JJ” thereof.
I ask that they be marked as Exhs. “N” to “XX” to correspond to their specific Annex Markings in
the Complaint. To wit:
Annex “A” in the Complaint, the same to be marked as Exh. “N” hereof – Xxx Resort, Incorporated Board
Resolution No. xxx, series of 2012;
Annex “B” in the Complaint, the same to be marked as Exh. “O” hereof – TCT No. xxx in the name of
Leonora Xxx;
Annex “C” in the Complaint, the same to be marked as Exh. “P” hereof – Tax Declaration No. xxx in the
name of Leonora Xxx;
Annex “D” in the Complaint, the same to be marked as Exh. “Q” hereof - Certificate of Title No. xxx in the
name of Juez Manuel Xxx;
Annex “E” in the Complaint, the same to be marked as Exh. “R” hereof - Certificate of Title No. 4 in the
name of Pelagia Xxx;
Annex “F” in the Complaint, the same to be marked as Exh. “S” hereof - Negative Marriage Contract of
Juez Manuel Xxx and Pelagia Xxx;
Annex “G” in the Complaint, the same to be marked as Exh. “T” hereof – Certificate of Death of Juez
Manuel Xxx;
Annex “H” in the Complaint, the same to be marked as Exh. “U” hereof – Certificate of Death of Pelagia
Xxx;
Annex “I” in the Complaint, the same to be marked as Exh. “V” hereof - Negative Certification of Birth of
Serafin Xxx;
Annex “J” in the Complaint, the same to be marked as Exh. “W” hereof - Affidavit of Adjudication of
Serafin Xxx;
Annex “K” in the Complaint, the same to be marked as Exh. “X” hereof – Notarial page of the Notarial
Book of Notary Public xxx;
Annex “L” in the Complaint, the same to be marked as Exh. “Y” hereof – TCT No. xxx in the name of
Serafin Xxx;
Annex “M” in the Complaint, the same to be marked as Exh. “Z” hereof – Marriage Contract between
Serafin Xxx and Luz Xxx;
Annex “N” in the Complaint, the same to be marked as Exh. “AA” hereof – Certificate of Death of Serafin
Xxx;
Annex “O” in the Complaint, the same to be marked as Exh. “BB” hereof – Certificate of Birth of Josefina
Xxx;
Annex “P” in the Complaint, the same to be marked as Exh. “CC” hereof – Certificate of Live Birth of Jose
Manuel Xxx;
Annex “Q” in the Complaint, the same to be marked as Exh. “DD” hereof – TCT No. xxx in the name of
Luz Vda De Xxx, Josefina Xxx and Jose Manuel Xxx;
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Annex “R” in the Complaint, the same to be marked as Exh. “EE” hereof – TCT No. xxx196257 in the
name of Luz Vda De Xxx, Josefina Xxx and Jose Manuel Xxx;
Annex “S” in the Complaint, the same to be marked as Exh. “FF” hereof – TCT No. xxx in the name of Luz
Vda De Xxx, Josefina Xxx and Jose Manuel Xxx;
Annex “T” in the Complaint, the same to be marked as Exh. “GG” hereof – Plan of Subdivision Survey for
Serafin Xxx for Si-xxx, described in TCT No. xxx;
Annex “U” in the Complaint, the same to be marked as Exh. “HH” hereof – Alleged Deed of Absolute Sale
of Luz Xxx, dated May 25, 1974, allegedly in favor of Gregoria Xxx;
Annex “V” in the Complaint, the same to be marked as Exh. “II” hereof - Alleged Deed of Absolute Sale of
Josefina Xxx, dated xxx, 1977, allegedly in favor of Gregoria Y. Xxx;
Annex “W” in the Complaint, the same to be marked as Exh. “JJ” hereof - Alleged Deed of Absolute Sale
of Jose Manuel Xxx, dated xxx, 1979, allegedly in favor of Gregoria Y. Xxx;
Annex “X” in the Complaint, the same to be marked as Exh. “KK” hereof – TCT No. xxx in the name of
Gregoria Y. Xxx;
Annex “Y” in the Complaint, the same to be marked as Exh. “LL” hereof - Marriage Contract between Luz
Xxx and Serafin Xxx;
Annex “Z” in the Complaint, the same to be marked as Exh. “MM” hereof – Certificate of Live Birth of
Irene Xxx;
Annex “AA” in the Complaint, the same to be marked as Exh. “OO” hereof – Certificate of Live Birth of
Yvette Xxx;
Annex “BB” in the Complaint, the same to be marked as Exh. “PP” hereof - Certificate of Death of Jose
Manuel Xxx;
Annex “CC” in the Complaint, the same to be marked as Exh. “QQ” hereof – Certificate of Live Birth of
Ken Jefferson Xxx;
Annex “DD” in the Complaint, the same to be marked as Exh. “RR” hereof – Certificate of Live Birth of
Kate Jennelyn Xxx;
Annex “EE” in the Complaint, the same to be marked as Exh. “SS” hereof – Certificate of Live Birth of
Katty Jane Xxx;
Annex “FF” in the Complaint, the same to be marked as Exh. “TT” hereof – Certificate of Live Birth of
Kris Jennifer Xxx;
Annex “GG” in the Complaint, the same to be marked as Exh. “UU” hereof – Negative Certification of
Death of Luz Xxx-Xxx;
Annex “HH” in the Complaint, the same to be marked as Exh. “VV” hereof – Negative Certification of
Death of Serafin Xxx;
Annex “II” in the Complaint, the same to be marked as Exh. “WW” hereof - Deed of Extrajudicial
Partition; with Deed of Absolute Sale; Waiver of Rights; and Special Power of Attorney; dated xxx, 2012;
between the Heirs of Sps. Serafin Xxx and Heirs of Luz Xxx and Serafin Xxx.
14
Annex “JJ” in the Complaint, the same to be marked as Exh. “XX” hereof - SPA of Josefina Xxx and Jose
Xxx, as attorneys-in-fact of the above-named “lead plaintiffs”.
46. Q – Anything else?
I hereby introduce the following additional exhibits to prove the forgery, lack of consideration, and lack of
consent of Luz Xxx Vda. De Xxx, Jose Manuel Xxx, and Josefina O. Xxx regarding the void and simulated
1974, 1977 and 1979 deeds of sale that they executed in favor of Gregoria Xxx, to wit:
a) Exh. “YY” – “Kasulatan Ng Sanglaan Ng Labing Dalawang (12) Puno Ng Mangga”, dated xxx 1964,
executed by Luz Xxx.
It shows the true signature of Luz Xxx.
b) Exh. “ZZ” – “Kasulatan Ng Sanglaan”, dated xxx 1960, executed by Luz Xxx.
It shows the true signature of Luz Xxx.
c) Exh. “AAA” – “Signature of Jose Manuel Xxx on his Catholic Cursillo prayer guide called “Gabay Ng
Manglalakbay”, c. 1980s.
d) As to the signature of Josefina O. Xxx in the questioned 1977 deed of sale, the same was true, but she
signed it under the influence of Gregoria Xxx and without any consideration.
At that time, she had just recovered from a 6-month coma at the intensive care unit of the old xxx
Hospital, xxx City, after a serious head injury caused by a vehicular accident.
47. Q- Anything else?
A - Yes.
I hereby adopt into this judicial affidavit, by incorporation and reference, all the allegations and
arguments contained in our Complaint and all the supporting documents annexed thereto, the same to
form part and parcel hereof.
48. Q - Anything else?
A – Yes.
I hereby manifest that during the main trial of the merits of this case, we, the plaintiffs, intend to file
a motion for questioned document and handwriting examination by the National Bureau of Investigation
(NBI) of all questioned documents and signatures involved in this case, as discussed above.
I further manifest that, during the trial on the merits of this case, we intend to present additional
corroborating witnesses to prove our claims and prayers in the Complaint.
49. Q – Why did it take you and your co-plaintiffs more than 30 years before you filed a case in court against
the defendant Xxx to assert your rights in the subject property?
15
A – We did not have the financial resources and the clout to launch a legal fight against the
rich and influential Xxx Family to recover the subject property.
When we sold our rights and interest in the subject property to Xxx Resort, Inc. three (3)
years ago that was the only time we acquired the necessary resources and courage to
commence this action with the support.
Furthermore, the said delay should not be taken against us.
We believe that a void and simulated contract, as in this case, is invalid ab initio and that
the action to nullify it is imprescriptible under the Civil Code and existing jurisprudence,
hence, as far as we are concerned, the defense of laches is inapplicable.
Nothing Follows.
X x x City, xxx, 2015.
IRENE A. XXX
Affiant/Co-Plaintiff
SUBSCRIBED and sworn to before me in xxx City on xxx ____, 2015, affiant showing his/her
competent proof of identity, to wit: Comelec VIN xxx.
Notary Public
Doc. No. __
Page No. __
Book No. __
Series of 2015.
IV. EXHIBITS ATTACHED TO THE JUDICIAL AFFIDAVIT.
 Exh. “A” to Exh. “AAA”, supra.
V. SWORN ATTESTATION OF THE LAWYER WHO CONDUCTED OR SUPERVISED THE

EXAMINATION OF THE WITNESS.
The undersigned ATTY. MANUEL J. LASERNA JR., of legal age, married, and with law office
address are Laserna Cueva-Mercader Law Offices, Unit 15, Star Arcade, C.V. Starr Ave., Philamlife
Village, Las Pinas City 1740, under oath, deposes and states:
1. He is the Legal Counsel for the plaintiffs in the above-entitled case;
2. He faithfully recorded or caused to be recorded the questions he asked and the corresponding
answers that the above-named witness gave;
3. Neither he nor any other person then present or assisting him coached the witness regarding the latter's
answers; and
16
4. He conducted the examination of the witness at his law office located at Laserna Cueva-Mercader Law
Offices, Unit 15, Star Arcade, C.V. Starr Ave., Philamlife Village, Las Pinas City 1740.
xxx City, xxx, 2015.
Atty. MANUEL J. LASERNA JR.

Affiant
SUBSCRIBED and sworn to before me in xxx City on xxx _____, 2015, affiant showing his/her
competent proof of identity, to wit: SSS Member ID No. xxx.
Notary Public
Doc. No. ___

Page No. ___
Book No. ___
Series of 2015.
Copt Furnished:
Xxx LAW OFFICES

Counsel for Defendant LEONORA XXX
xxx Floors
xxx CENTER
xxx Ave. corner xxx St.
xxx, xxx City
xxx City
Reg. Rec. No.
Date PO

Register of Deeds of Rizal Province
Office of the Register of Deeds
Of Rizal Province
Binangonan, Rizal
Reg. Rec. No.
Date PO
EXPLANATION
A copy of this Judicial Affidavit is served on the Court, the Counsel for the Defendant Leonora Xxx,
and the Register of Deeds of Rizal Province via LBC Express Corp./registered mail due to the great
distances of their respective addresses, due to the urgency of filing the same, and due to the lack of field
personnel of the undersigned counsel at this time.
Manuel Laserna Jr.

17
Republic of the Philippines

METROPOLITAN TRIAL COURT
National Capital Judicial Region
City of Manila
Branch ___
ALVIN MARQUEZ
Plaintiff,
- versus - CIVIL CASE NO. CV-10-0729

FOR: Unlawful Detainer
ACM CORPORATION AND ROVEN TRIAS,

Defendants.
x- - - - -- - - - - - - - - - - - - - - - - - - x
JUDICIAL AFFIDAVIT
(Pursuant to SC A.M. No. 12-8-8-SC)
I, ALVIN MARQUEZ, of legal age, single, Filipino, and residing at 710 Sto. Tomas St.,
Malate Manila after having been duly sworn to in accordance with law in answer to the questions
asked of me by Atty. Celestine Marcial in her office at 34 Balingasa St., Balintawak, Quezon
City, on April 30, 2014 at 11:00 A.M. fully conscious that I do so under oath and that I may face
criminal liability for false testimony or perjury hereby depose and state:
Q: How are you related to ALVIN MARQUEZ, the plaintiff in Civil Case No. 10-0729 before
the Metropolitan Trial Court of Manila for Unlawful Detainer against AB Corporation and
Roven Trias?
A: I am the same.
Q: Do you know defendant AB Corporation?

A: Yes. ACM Corporation is the lessee occupying the subject property since April 1, 2012 which
I own described under TCT No. 729610 of the Registry of Deeds of Quezon City. A certified
true copy of the said TCT is Exhibit -“A”.
Q: Do you know defendant Roven Trias ?

A: Yes, defendant Roven Trias subleased the same property being leased by ACM Corporation
with my consent.
Q: How did the defendant ACM Corporation was able to occupy your subject property?
A: ACM Corporation leased my property for a period of 2 years from April 1, 2012 to March 31,
2014 which is Exhibit B.
Q: How did the defendant Roven Trias was able to occupy your subject property?
18
A: Defendant Trias have possessed my property as a sub-lessee.
Q: What did you do after defendants’ failure to voluntarily vacate the occupied property upon
expiration of the agreed lease period?
A: I visited and informed both the defendants that they must vacate my property because I would
use it for my business and both defendants promised that they would leave the premises on the
expiration of the contract. For their failure to comply with the promise, I have posted a Demand
to Vacate on April 15, 2014, in conspicuous places within the leased premises as a notice to
defendants to vacate said premises.
Q: What is your proof that you posted a notice to vacate on April 15, 2014 upon the defendants?
A: I have here a copy of the Notice to vacate which is Exhibit “C”.
Q: What was the action of defendants after posting the notice to vacate?
A: None. The defendants refused to vacate and surrender possession of my property.
Q: What step did you take after the refusal of the defendants to vacate the subject property
despite demand?
A: I filed this action against the defendant in this case for Unlawful Detainer before the MTC
Manila.
Q: In your complaint you are asking for rental for the use and occupation of the defendants in
this case, how much is your claim for said rentals?
A: The agreed rental per month which is 20,000 for the use and occupation of my property
starting from April 1, 2014 until the possession of the subject property is turned over by the
defendants.
Q: Finally, do you know why you are executing foregoing sworn statement in this case?
A: Yes. I am executing this sworn statement to be adapted as my direct examination in this case
to prove my causes of action for unlawful detainer against the defendants in the above entitled
case, and this Judicial Affidavit be marked as Exhibit –“E”.
IN WITNESS WHEREOF, I hereby affix my signature this 30 th day of July 2014, in the
Quezon City.
ALVIN MARQUEZ
Affiant
ATTESTATION
19
I hereby attest that on this 30th day of April 2014, I have personally examined the plaintiff
ALVIN MARQUEZ; and that I have faithfully recorded or caused to be recorded the questions
asked and the corresponding answers thereto made by him. I further attest that I nor any other
person herein present, or assisting me, never coached ALVIN MARQUEZ regarding his
answers.
Quezon City for the City of Manila. April 30, 2014.
CELESTINE MARCIAL
Lawyer- affiant
Counsel for Plaintiffs
34 Balingasa St., Balintawak, Quezon City
Contact No. 3696891
ROLL No. 03270228
P.T.R. NO. A-07100715-1/3-8-2014 Q.C
SUBSCRIBED AND SWORN to before me this 30th day of April 2014 in Quezon City.
Affiant exhibited to me their identification cards bearing their photograph and signature, as
follows:
Name: Issued by/ID No.:

ALVIN MARQUEZ SSS ID – No 12-1845
CELESTINE MARCIAL IBP No. – 1107015
known to me to be the same persons who executed the foregoing document.
WITNESS MY HAND AND SEAL on the date and at the place first above-written.
Doc. No. _____; Notary Public

Page No. _____;
Book No._____;
SERIES of 2014.
Copy Furnished:
ATTY. DANIEL GORIN Personal Service

Counsel for Defendant ACM Corporation and Roven Trias
GORIN AND ASSOCIATES LAW OFFICE
38 MAlagasang II-A, Imus, Cavite
20
Contact No.09258772453
Unlawful Detainer Complaint (sample)

MUNICIPAL TRIAL COURT
Cavite City
MICHELLE A. VALE CRUZ
Plaintiff,
Civil Case No. 55121
For: Unlawful Detainer
LANZ AIDAN L. OLIVES
Respondent.
x-------------------------------x
COMPLAINT
21
PLAINTIFF, by counsel, and unto this Honorable Court, most respectfully

allege: THAT
1. Plaintiff is of legal age, Filipino, with residence and postal address at 777 Heaven
St., San Antonio, Cavite City where she may be served notices and other court
processes;
2. Respondent is of legal age, Filipino, with residence and postal address at 518 VC
Apartments M. Gregorio St., San Antonio, Cavite City;
3. Plaintiff is the absolute owner and lessor of that certain apartment situated in
Cavite City and now leased ad occupied by the respondent;
4. Pursuant to the lease contract (Exhibit A) executed by the plaintiff and the
respondent dated October 28, 2015, the respondent is obliged to pay a monthly
rental payment of P10,000.00 to the plaintiff;
5. A stipulation in the said lease contract provides that in case of default by the
lessee of the payment of the rent such as when the checks are dishonored, the
plaintiff at its option may terminate this contract and eject the lessee;
22
6. On January 28, 2016, the plaintiff tried to encash BPI Check No. 25613
corresponding to the rental payment for the month of January but the same was
dishonored due to insufficiency of funds;
7. On the same day, plaintiff informed the respondent that the latter’s check was
dishonored and demanded that formed be paid in cash instead but the
respondent failed to do so;
8. On February 28, 2016, the plaintiff tried to encash BPI Check No. 25614
corresponding to the rental payment for the month of February but the same was
also dishonored due to insufficiency of funds;
9. On the same day, plaintiff again went to the respondent and demanded for the
payment of the two dishonored checks and for respondent to vacate the premises
but respondent failed to tender payment and refused to vacate the premises;
10. On March 15, 2016, plaintiff, with assistance of a counsel, sent a formal
demand letter (Exhibit B) to the respondent giving him ten days to make his rental
payment and vacate the premises
11. On March 25, 2016, at the expiration of the ten-day grace period given by
the plaintiff, the respondent still has not made his payment and consistently
refused to vacate the apartments;
23
12. Until now, respondent still refuse to vacate and restore possession and
pay his rentals.
13. Thus, respondent is unlawfully withholding possession of the subject

apartment from the plaintiff despite last and final demand, to the damage and
prejudice of the plaintiff;
14. Before filing this complaint, the dispute has been referred to the Lupong
Tagapamayapa of Cavite City but the respondent failed to appear, hence, no
amicable settlement was made (Exhibit C).
PRAYER
WHEREFORE, premises considered, it is most respectfully prayed of this

Honorable Court that after due notice and hearing, judgment be rendered in favor
of Plaintiff:
1. For the restitution of the abovementioned apartment;
2. For the payment of TWENTY THOUSAND PESOS (P20,000.00), Philippine currency,

representing the arrears of rent now overdue;
3. To pay the cost of the suit
Other reliefs just and equitable under the premises are likewise prayed for.
24
Cavite City, Philippines, March 31, 2016.
ATTY. GRACE MARIELLE CRUZ
Counsel for Plaintiff
Cruz & Associates Law Firm
117 Gamboa St., San Lorenzo, Cavite City
VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING
(City of Cavite ) S.S.
I, MICHELLE A. VALE CRUZ, of legal age, after having been duly sworn in
accordance with law, depose and state that:
25
1. I am a plaintiff in the above-stated case;
2. I caused the preparation of the foregoing complaint;
3. I have read the contents thereof and the facts stated therein are true and
correct of my personal knowledge and/or on the basis of copies of documents
and records in my possession;
4. I have not commenced any other action or proceeding involving the same
issues in the Supreme Court, the Court of Appeals, or any other tribunal or
agency;
5. To the best of my knowledge and belief, no such action or proceeding is

pending in the Supreme Court, the Court of Appeals, or any other tribunal or
agency;
6. If I should thereafter learn that a similar action or proceeding has been filed or
is pending before the Supreme Court, the Court of Appeals, or any other tribunal
or agency, I undertake to report that fact within five (5) days therefrom to this
Honorable Court.
Cavite City, Philippines, March 31, 2016

26
__________________
Michelle A. Vale Cruz
SUBSCRIBED AND SWORN to before me this 31 st day of March 2016 at

Cavite City, Philippines affiant exhibiting to me her Passport No. 58158450 issued
in DFA Manila 2014.
Doc. No.___________; Kayelyn Lat
Page No.___________; NOTARY PUBLIC for Cavite
Book No.__________; Commission Serial No.______
Series of 2016. Until December 31, 2016
Roll of Attorney_______
IBP No.________
PTR No._______
27
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
BRANCH _________
JABBA D. HUTT,
Plaintiff,
- versus - Civil Case No. 16-100
For: Collection of sum
of money
SPOUSES HAN AND LEIA SOLO,
AND THE TRADE FEDERATION,
INC.,
Defendants.
28
x---------------------------------------x
JUDICIAL AFFIDAVIT
OF
DEFENDANT LEIA SKYWALKER-SOLO
This Judicial Affidavit of Leia Skywalker-Solo is executed to

serve her direct testimony in the instant case.
I, Leia Skywalker-Solo, of legal age, married, and living at Unit 123,

MayForever Condominium, Makati City, defendant in this case, state under
oath as follows:
PRELIMINARY STATEMENT
The person examining me is Atty. Dennie Vieve D.P. Idea with office
address at Idea, Caraig and Associates Law Office, No. 1914 Hunters Bldg.,
Makati Avenue, Makati City. The examination is being held at the same
address. I am answering her questions fully conscious that I do so under
oath and may face criminal liability for false testimony and perjury.
29
PURPOSE: This affidavit/testimony of defendant Leia Skywalker-Solo

is being offered to prove that the plaintiff Jabba D. Hutt and co-defendant
and spouse, Han Solo, did not enter into a Contract of Loan, and assuming
that they did, herein defendant has no knowledge and/or participation to
the said transaction alleged in the subject complaint.
Defendant will also prove that the checks, allegedly issued for security of
the alleged loan, which is in her name, were not issued by her for the said
purpose.
1. Q. Please state your name and other personal circumstances for

the record.
A. I am Leia Skywalker-Solo, a Filipino and of legal age. I am
married to Han Solo. I live at Unit 123, MayForever
Condominium, Makati City.
2. Q. Do you know why you are here?

A. Yes, because I am one of the defendants in a suit filed by Mr. Jabba D.
Hutt.
3. Q. Do you know Mr. Jabba D. Hutt?

A. No, Maam.
30
4. Q. But have you met him personally?

A. No, Maam.
5. Q. What is the job of your spouse?

A. He is the Chief Operating Officer of the Trade Federation, Inc.
6. Q. Do you know his relationship or connection with Mr. Hutt?

A. No, Maam.
7. Q. But with the best of your knowledge, what kind of transaction

did your husband and Mr. Hutt entered into?
A. An investment.
8. Q. I am showing you this document, herein referred to as “Exhibit
C.” Do you know this document?
A. Yes Maam.
9. Q. What is this document?
A. The checks named in my account.
10. Q. Who signed this document?
A. Myself.
31
11. Q. What is your purpose for signing it?
A. It was intended for the payment for a house we are planning to buy.
12. Q. According to the information, these checks were actually lost?
A. Yes, Maam.
13. Q. How was it lost?
A. My husband, after attending a meeting, left the envelope
containing such checks.
14. Q. Then, what happened?
A. My husband called me that the checks were lost.
15. Q. What did you do after knowing the lost of the checks?
A. I called my bank, informed the Manager that said check were lost. I
also sent them a letter informing the same and requested for “stop
payment” for the lost checks to which the bank in a letter
acknowledged.
16. Q. Do you have proof of such acknowledgment?
A. Yes Maam. I have the bank’s acknowledgment letter (Annex “5”).

32
IN WITNESS WHEREOF, I have hereunto set my hand this 15 th

day of February 2016.
Leia Skywalker-Solo
Affiant
SWORN ATTESTATION
The undersigned hereby attests that, as counsel of the witness, he

faithfully recorded the questions he asked and the corresponding answer of
the witness and that he did not coached the witness’ answers to the
questions propounded.
ATTY. CONNIE A. MACAPAGAO

33
NOTARY PUBLIC
Until December 31, 2016
PTR No. 64965557-07 – 01/05/2014
IBP No. 761988-01 – 01/05/2014
Both in Makati City
MCLE Compliance No. 0034255
Doc. No. 245;
Page No. 35;
Book No. 42;

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1

udicial affidavit; expanded sample

HEIRS OF SPS. SERAFIN xxx

- versus – For: Annulment of Transfer

A. NAME AND OTHER PERSONAL CIRCUMSTANCES OF THE WITNESS.

Name : IRENE xxx

B. LAWYER WHO CONDUCTED OR SUPERVISED THE EXAMINA TION OF THE

Name : Atty. MANUEL J. LASERNA JR.

Address : LASERNA CUEVA-MERCADER LAW

Place of Examination: LASERNA CUEVA-MERCADER LAW OFFICES,

1. The identity of the real property subject matter of this case;

5. The identities of the legal heirs/plaintiffs claiming the subject property;

6. The identities of the predecesors-in-interest/decedents of the said legal heirs/plaintiffs;

7. The legal bases for the claim/prayers of the plaintiffs.

III. JUDICIAL AFFIDAVIT PROPER.

A – I am IRENE XXX-XXX, 51 years old, married,

2. Q- Why are you here now?

A – To give a sworn statement by way of a judicial affidavit, the

Unit 15, Star Arcade, C.V. Starr Ave., Philamlife Village,

4. Q – In what language do you want your examination to be conducted?

A – This judicial affidavit is prepared in English.

But I prefer that my cross examination be conducted in

Tagalog for my convenience and for clarity.

6. Q – Let us now proceed to the Complaint. Do you know the

A – Yes. They are relatives of mine.

a. Irene Xxx Xxx and

I am Irene A. Xxx. Yvette O. Xxx is my sister.

8. Q - Do you know the plaintiff “xxx RESORT,

Xxx Resort Inc., thru its President, xxx Florante

9. Q - Do you know the defendant in this case, LEONORA

A – Yes. She is a relative of my mother’s first husband.

My deceased mother was LUZ XXX VDA. DE XXX.

Her first husband was SERAFIN XXX (deceased).

10. Q - Why are your testifying in this case?

A – I am testifying in this case as an heir of the deceased Sps. Luz

I am a co-plaintiff in this case.

This case is for:

12. Q - Can you describe the subject property?

A - Yes. The subject property is a parcel of land registered in the

It has an area of xxx SQUARE METERS, more or less.

14. Q – Who is the deceased Juez Manuel Xxx?

A - The deceased Juez Manuel Xxx is the grandfather of the

15. Q – Who was the wife of Juez Manuel Xxx?

16. Q – What is the relation of Pelagia Xxx to the subject

A - On xxx, 1922, the late Pelagia Xxx was issued

17. Q – When did Juez Manuel Xxx die?

A – Juez Manuel Xxx died on xxx, 1949.

18. Q – When did Pelagia Xxx die?

A - Pelagia Xxx died on xxx, 1957.

19. Q – Who were the heirs of the deceased Sps. Juez

A – The heirs of the deceased Spouses Juez Manuel Xxx and

20. Q – What legal instrument did Serafin Xxx execute

A - In xxx 1958, Serafin Xxx executed an Affidavit of

21. Q - What happened next?

A - On November 10, 1958, Transfer Certificate of Title