SPS. CARLOS AND FELY LEOBRERA, Doing business under the name and style of CARFEL SHELL EXPORT, Plaintiffs,
CASE NO. 8262 versus FOR: DAMAGES
BANK OF THE PHILIPPINE ISLANDS, Defendant. x ------------------------------------------ x
J UDI CI AL AF F I DAVI T OF E RNE S TO V. P E RE Z
This Judicial Affidavit of ERNESTO V. PEREZ, witness for the Defendant, is executed to serve as his direct testimony, or part thereof, in the instant case.
This Judicial Affidavit is being offered to:
A) Prove witness lawful ownership of the subject Paraaque City property in the abovementioned case;
B) Prove Malcolm E. Santiagos prior ownership of the said property;
C) Prove that Malcolm E. Santiago acquired the said property from Bank of the Philippine Islands;
D) Prove that the said property was repurchased by the bank; Page 2 of 7
E) Prove all other related matters, facts and circumstances relevant and material to this case.
This Judicial Affidavit was taken at the residence of the witness at #42 14 th St., New Manila, Quezon City.
QUESTIONS were propounded by Atty. Vicente Jan O. Platon III, in English, which affiant fully understands, while ANSWERS were given/made by witness, ERNESTO V. PEREZ, in mixed English and Filipino. These questions are numbered consecutively and each question is followed by the answer of the witness.
1. Q: Do you swear to tell the truth and nothing but the whole truth? A: Yes.
2. Q: Do you know that any falsities in this sworn affidavit will make you criminally liable for perjury? A: Yes, I do.
3. Q: Please state your name and other personal circumstances. A: My name is Ernesto V. Perez, of legal age, married to Ma. Lucila M. Perez, with residence at #42 14 th St., New Manila, Quezon City. I am a lawyer.
4. Q: Do you know that there is a pending case for damages between Spouses Carlos and Fely Leobrera and Bank of the Philippine Islands? A: Yes.
5. Q: Do you have any participation or any connection in the said case or relation to any of the parties in the said case? A: Yes. I am the lawful owner and possessor of the subject Paraaque City property in the said case which was my residence since 3 August 1998.
6. Q: Do you still live in the said property? A: No. The bank repurchased the property from me.
Page 3 of 7
7. Q: Do you have any evidence that would prove your lawful ownership over the subject property prior to the reconveyance? A: Yes. I have a transfer certificate of title in my name issued by the Registry of Deeds of Paraaque City.
8. Q: I am showing to you this Transfer Certificate of Title with No. 136439. What is the relation of this to the title you just mentioned? A: This is the title that was issued to me by the Registry of Deeds of Paraaque City.
Manifestation: TCT No. 136439 was handed to affiant to examine.
9. Q: How did you acquire this property? A: I acquired the subject property by virtue of a Deed of Absolute Sale dated 29 July 1988 executed by Mr. Malcolm E. Santiago.
10. Q: Do you have any evidence that would prove the transfer of the subject property to you from Mr. Santiago? A: Yes. I have the original Deed of Absolute Sale dated 29 July 1988 and a copy of the cancelled transfer certificate of title in the name of Mr. Santiagos name issued by the same Registry of Deeds.
11. Q: I am showing to you these Deed of Absolute Sale dated 29 July 1988 and Transfer Certificate of Title with No. 117999/T-590. What is the relation of these to the documents you just mentioned? A: These are the original Deed of Absolute Sale and the cancelled title I was referring to in my previous statement.
Manifestation: Deed of Absolute Sale dated 29 July 1988 and TCT No. 117999/T-590 were handed to affiant to examine.
Page 4 of 7
12. Q: You said that you acquired the property from Mr. Santiago. Does he have any participation or any connection in this case? A: Yes. He acquired the same property from Bank of the Philippine Islands, as the highest bidder in a foreclosure sale.
13. Q: Do you have any evidence that would prove his acquisition of the property from the said bank or any proof of ownership of the latter? A: Yes. I have procured a copy of the transfer certificate of title in the name of the said bank issued by the same Registry of Deeds before the same was cancelled in favour of Mr. Santiago.
14. Q: I am showing to you this Transfer Certificate of Title with No. 14958/T-75. What is the relation of this to the title you just mentioned? A: This is the copy of the title in the name of the bank issued by the same Registry of Deeds.
Manifestation: TCT No. 14958/T-75 was handed to affiant to examine.
15. Q: What can you say about the pending case to which you are made to testify? A: I am a buyer in good faith of the subject property because I acquired the said property without any notice of lis pendens on the TCTs, and therefore said property can no longer be reconveyed to Carlos Leobrera.
16. Q: Did you execute any document or affidavit to attest to the truth of your allegations? A: Yes. I have executed an affidavit dated 26 September 2005.
17. Q: I am showing to you this Affidavit dated 26 September 2005 consisting of two (2) pages. What is the relation of this to the affidavit you just mentioned? A: This is the affidavit I executed on 26 September 2005.
Page 5 of 7
Manifestation: The Affidavit dated 26 September 2005 was handed to affiant to examine.
18. Q: In Page No. 2 of the said Affidavit, there is a signature above the name Ernesto V. Perez, whos signature is this? A: It is my signature.
Manifestation: No further questions for this witness.
AFFIANT FURTHER SAYETH NAUGHT.
ERNESTO V. PEREZ Affiant
SUBSCRIBED AND SWORN to before me this 8th day of August, 2013 at Makati City, affiant exhibiting to me his Community Tax Certificate No. 14667178 issued at Makati City on January 19, 2005.
SEAN ANDREW E. CURA Notary Public, until 12/31/14 PTR. No. 12345B; Jan. 21, 2013, QC IBP No. 452957; 2/20/13; QC MCLE Compliance 12345 Roll No. 12345-95649: QC
Doc. No. 041; Page No. 009; Book no. II Series of 2013
Page 6 of 7
ATTESTATION
I hereby state, under oath, that I faithfully recorded the questions I asked and the corresponding answers that the witness gave and that neither I nor any other person present or assisting me has coached the witness regarding the latters statement.
VICENTE JAN O. PLATON III PTR No. 12345A; 1/21/13; Makati IBP No. 452957; 2/20/13; Makati MCLE Compliance 12345 Roll No. 12345-987654: Makati
SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for the City of Makati, this 8th day of August 2013. Affiant personally came and appeared with Passport ID issued by the Department of Foreign Affairs on January 12, 2011 at Manila, bearing his photograph and signature, known to me as the same person who personally signed the foregoing instrument before me and avowed under penalty of law to the whole truth of the contents of said instrument.
SEAN ANDREW E. CURA Notary Public, until 12/31/14 PTR. No. 12345B; Jan. 21, 2013, QC IBP No. 452957; 2/20/13; QC MCLE Compliance 12345 Roll No. 12345-95649: QC
Doc. No. 041; Page No. 009; Book no. II Series of 2013
Page 7 of 7
Copy furnished:
ATTY. DOMINIC DE ALBAN Counsel for Plaintiff
EXPLANATION
Copy of this Judicial Affidavit was served to the counsel for plaintiff thru personal service.