1

REPUBLIC OF THE PHILIPPINES

Municipal Trial Court

BRANCH 6, CEBU CITY
7TH JUDICIAL REGION

PRIMARY STRUCTURES CONSTRUCTION

CORPORATION,
Plaintif,
-VERSUS-

CIVIL CASE NO. _________

FOR: EJECTMENT

ARTURO CHOI,
and all persons claiming rights under him,
Defendants.
x--------------------------------------------------------x

JUDICIAL AFFIDAVIT
OF
TOMAS C. CHEN
This Judicial Affidavit of TOMAS C. CHEN, a neighbor of herein
plaintiff and the seller of the land extension for PSCC, is executed
to serve as his direct testimony as witness in the instant case,
conducted and supervised by Atty. Wella Jane D. Ata, counsel for
the plaintiff in the office of said counsel at #12 Dr. Su Drive,
Nasipit, Talamban, Cebu City. Questions were propounded by the
same and these questions are numbered consecutively. Each
question is followed by the answer of the witness.
The Affiant was examined in English, in the language that
Affiant understands. Affiant answered each question fully
conscious that she did so under oath and may face criminal
liability for false testimony and perjury.
Q1: Please state your name, age, address and other personal
circumstances for the record.
A1: I am Tomas C. Chen, 57 years of age, married, residing at
Ma. Clara St., Cebu City. I am a neighbor of the President of
PSCC, Mr Clarito Lim and the seller of a lot that is a subject
to this case.
Q2: For what purpose are you testifying on this case?
A2: I would like to testify for the plaintiff, PSCC and their
President Mr. Clarito Lim who is a neighbor and a friend of
mine.

Q3: What is your involvement on this case?

A3: My friend and neighbor, Mr. Clarito Lim told me about his
ejectment case he filed against defendant and lessee of his
condominium unit, Mr. Arturo Choi. Now, Mr. Choi breached
the contract of lease, imposing as a defense that the land is
not a property of PSCC. I personally sold that lot to Mr.
Clarito Lim in 2012.
Q4: Just for confirmation, this Building II of the Somerset
Condominiums then, was an extension building built from
the lot you sold to PSCC and Mr. Clarito Lim?
A4: Yes, Maam.
Q4: How did you know that Mr. Arturo Choi is leasing the
building?
A4: Mr. Arturo Choi is also a friend of mine. He is also a friend of
Mr. Clarito Lim.
Q5: When you sold the lot to Mr. Clarito Lim of PSCC, would you
affirm that
that the sale was also made known to Mr. Arturo Choi?
A5: Yes, I believe he was aware of them Maam?
Q6: How can you be sure that he was aware of such sale?
A6: It was already a subject in many of our conversations; in fact
I was the one who encourage him to rent a space at the new
condominium that Mr. Clarito Lim just completed in early
2013.
Q7: When he assailed that the said property was not under the
ownership of PSCC, to whom then will he be paying his rent
to?
A7: That I dont know Maam.
Q8: How can we prove that indeed, PSCC owns the property you
sold to him?
A8: I have the copy of the Deed of Sale for that property I sold to
Mr. Clarito Lim and PSCC.
IN WITNESS WHEREOF, I have hereunto set my hand this
25th day of November 2014 at Cebu City.

TOMAS C. CHEN
Affiant-Witness
PRC ID No. 00546789
Expiration Date: January 05, 2015

SUBSCRIBED AND SWORN to before me, this 25th day of

November 2014 in Cebu City, affiant being personally known to
me to be the same person who executed this Judicial Affidavit and
exhibiting to me his PRC ID bearing No. 00546789 expiring on
01/05/2015.

Doc. No. 131;

ATTY. DANIEL L. ROMAN

NOTARY PUBLIC
UNTIL SEP. 13, 2016
ATTYS ROLL NO 87980
IBP NO. 345654 JANUARY 2013
ISSUED AT CEBU CITY

Page No. I;
Book No. VI;
Series of 2014

ATTESTATION
I, WELLA JANE D. ATA, of legal age, Filipino, single, with residence
at #12 Dr. Su Drive, Nasipit, Talamban, Cebu City, and a practicing
lawyer, after having been duly sworn to in accordance with law, hereby
depose and state THAT:
I am the one who conducted and supervised the examination of
the herein complainant-affiant of this Judicial Affidavit.
I faithfully recorded or caused to be recorded the question I asked
and the corresponding answers that the herein complainant-affiant
provided.
Neither I, nor any other person then present or assisting the
complainant-affiant, coached regarding his answers to the questions
asked.
ATTY. WELLA JANE D. ATA
Counsel for Complainant/Affiant
IBP OR No. 780324 12-29-13
Roll No. 25631
MCLE Compliance III 0000876 10-22-11
LTO Drivers License No. N08-89-003232

Expiry date: 2014-12-15

SUBSCRIBED AND SWORN to before me this November
25, 2014 at Cebu City, Affiant exhibiting to me her Drivers License
bearing No. N08-89-003232 expiring on 2014-12-15.
Counsel for the Defendant

Doc. No. 131;

Page No. I;
Book No. VI;
Series of 2014
Copy furnished:
ATTY. MICHAEL B. SANTOS

ATTY. DANIEL L. ROMAN

NOTARY PUBLIC
UNTIL SEP. 13, 2016
ATTYS ROLL NO 87980
IBP NO. 345654 JANUARY 2013
ISSUED AT CEBU CITY

Lahug, Cebu City