ORIGINAL ‘SGABIONZA DE SANTOS & PARTNE! REPUBLIC OF THE PHILIPPINES. moO @) NATIONAL CAPITAL JUDICIAL REGION Cup. yy REGIONAL TRIAL COURT BRANCH 145, MAKATI CITY 1/41 f IN THE MATTER OF THE TESTATE AND INTESTATE ESTATE OF DEMETRIA SALAZAR DE LEON or SP. CASE wo. en For: Probate of the Will and Settlement of Estate MARINA SALAZAR DE LEON and JOCELYN GLORIOSA DE LEON VALERO, Petitioners. XX = = XK JUDICIAL AFFIDAVIT OF ATTY. DENNIS M. TIMAJO 1. Please state your name and other personal circumstances. Ans: My name is Dennis M. Timajo, of legal age, Filipino, with office address at Suite 207, Rufino Centre Bldg., Ayala Ave., cor. V.A. Rufino St., Makati City. 2. Who is the lawyer conducting this direct examination? Ans: Atty. Czarina G. Quintanilla is the lawyer conducting this direct examination. 3. Where is this examination being held? Ans: At Gabionza De Santos and Partners Law Offices located 20IF 139 Corporate Center, 139 Valero Street, Salcedo illage, Makati City. Are you answering the questions asked of you, fully conscious that you are doing so under oath, and that you may face criminal liability for false testimony or perjury? Ans: Yes, | am answering the questions asked of me fully conscious that | am doing so under oath, and that | may face criminal liability for false testimony or perjury.10. 11. What is your present occupation? Ans: | am a lawyer at Santiago Timajo Ababa Law Firm. Do you know the decedent in the instant case, the late Demetria Salazar De Leon? Ans: Yes, | do. Why do you know her? Ans: Ms. Demetria Salazar De Leon is the testator of the will which | notarized on 22 August 2008. Are you, by blood or by affinity, related to the late Demetria Salazar De Leon? Ans: No, | am not related by blood or by affinity to the late Demetria Salazar De Leon. You earlier mentioned that you notarized the will of the late Demetria Salazar De Leon, if this is shown to you, will you be able to identify it? Ans: Yes. | am showing you a document entitled “Huling Habilin o Testamento” dated 22 August 2008, consisting of 4 pages, attached as Annex “A” in the Petition for Probate of the Will of the Late Demetria Salazar de Leon and Settlement of Estate with Prayer for Letters Testamentary and for Administration dated 26 June 2014, and marked as Exhibit “C” by this Honorable Court. What is the relation of this document to the will you mentioned earlier? Ans: They are one and the same document. How do you know that this “Huling Habilin o Testamento” is the same will executed by the late Demetria Salazar de Leon? Ans: | know that this “Huling Habilin o Testamento” is the same will executed by the late Demetria Salazar de Leon because she personally executed and acknowledged the same before me, together with the three (3) witnesses thereto, namely, Pablo G. Fallaria, Gloria T. Verde and Grace |. Cocson.12. 13. 14, 15. 16. 17. 18. Do you know how old the late Demetria Salazar de Leon was when she executed, signed, and acknowledged the “Huling Habilin o Testamento” before you? Ans: Yes, as stated in the “Huling Habilin o Testamento”, she was Ninety (90) years old during its execution, signing, and acknowledgement before me. You said that the “Huling Habilin 0 Testamento” was acknowledged before you. How was it acknowledged before you last 22 August 2008? Ans: U;on arriving at the Jesus |. Santos Law Offices, |, together with the late Demetria Salazar de Leon, her sister, Marina S. De Leon, and Ms. Hermina R. Santos were gathered in one room and seated in a circular manner. Alter this, what else happened, if any? Ans: The three (3) witnesses to the will, Pablo G. Fallaria, Gloria T. Verde and Grace |. Cocson then entered the room and when they were seated, | explained to everyone present that they were there to witness the signing and execution by the late Demetria Salazar de Leon of her Huling Habilin o Testamento. After explaining the purpose of the gathering, what else happened, if any? Ans: Everyone agreed. What happened after, if any? Ans: The late Demetria Salazar de Leon then proceeded to sign each and every page of her “Huling Habilin o Testamento” in the presence of the three (3) witnesses to the will, Pablo G. Fallaria, Gloria T. Verde, Grace |. Cocson, and myself. After the late Demetria Salazar de Leon signed the pages of her “Huling Habilin o Testamento”, what else happened, if any? Ans: | told the three (3) witnesses to read the attestation clause of the “Huling Habilan 0 Testamento”, which they did. After the three (3) witnesses read the attestation clause, what happened next, if any?19. 20. 21. 22. 23. 24, 25. Ans: | asked them if they understood what they had just read and they all answered in the affirmative. What happened next, if any? Ans: The three (3) witnesses to the will, Pablo G. Fallaria, Gloria T. Verde and Grace |. Cocson, then proceeded to sign the attestation clause of this “Huling Habilin o Testamento” and all the pages thereof in the presence of each other and of the late Demetria Salazar de Leon, and myself. After the three (3) witnesses signed the attestation clause and all the pages of the “Huling Habilin 0 Testamento”, what else happened, if any? Ans: | proceeded to read the contents of this “Huling Habilin o Testamento” to the late Demetria Salazar de Leon. The late Demetria Salazar de Leon’s “Huling Habilin o Testamento” was written in what language or dialect? Ans: It was written in the Filipino language. Do you know what language the late Demetria Salazar de Leon speaks? Ans: Yes. What language does the late Demetria Salazar de Leon speak? Ans: She speaks the Filipino language. How do you know this? Ans: | know this because she conversed with me in the Filipino language when she executed and acknowledged her “Huling Habilin o Testamento” before me. After you read the contents of the “Huling Habilin o Testamento” what else happened, if any? Ans: | asked the late Demetria Salazar de Leon if she understood the contents and effect of her “Huling Habilin o Testamento” and if the same was her voluntary act and deed.26. 27. 28. 29. 30. What did the late Demetria Salazar de Leon reply thereto, if any? Ans: The late Demetria Salazar de Leon personally acknowledged before me that she understood the contents and effect of the “Huling Habilin o Testamento” which she executed and signed, and that the same was her free and voluntary act and deed, and that she signed the lower portion of the second page and the left portion of all the other pages thereof. After this, what else happened if any? Ans: The three (3) witnesses, Pablo G. Fallaria, Gloria T. Verde, and Grace |. Cocson, personally acknowledged before me that they freely and voluntarily witnessed and signed the “Huling Habilin o Testamento” as witnesses thereto after the late Demetria Salazar de Leon signed the lower portion of the second (2™) page, and the left portion of all the other pages thereof in their presence, and that they likewise signed the “Huling Habilin o Testamento” in the middle portion of the third (3%) page, and the left portion of all the other pages thereof, in the presence of the testator and of one another. Did the late Demetria Salazar de Leon and the three (3) witnesses present their competent evidences of identity when they acknowledged the Huling Habilin o Testamento before you? Ans: Yes. What did each of them present as competent evidences of identity? Ans: The late Demetria Salazar de Leon presented her Senior Citizen 1.D. with No. 1875124 issued in Bustos, Bulacan, the witness Pablo G. Fallaria presented his GSIS I.D. with No 008247 issued in Pasay City, witness Gloria T. Verde presented her SSS .D. with No. 07-16712983, and witness Grace |. Cocson presented her SSS 1.D. with No. 33- 3304475037. Where did you notarize the “Huling Habilin o Testamento”? Ans: | notarized it at the Jesus |. Santos Law Offices located at 1201 Travellers Inn, 7850 Makati Avenue, Makati City, where | regularly perform my notarial services.31. Were you duly commissioned to notarize in the City of Makati when the “Huling Habilin 0 Testamento” was acknowledged before you? Ans: Yes. 32. What was your Notarial Commission Number when you notarized the “Huling Habilin o Testamento”? Ans: My Notarial Commission Number when | notarized the “Huling Habilin o Testamento” was M-160 valid until 31 December 2009. 33. On what page does your signature as Notary Public appear in the “Huling Habilin o Testamento”? Ans: It appears on the fourth (4") and last page of the “Huling Habilin o Testamento”, above the printed name “Atty. Dennis Timajo” on the bottom portion of said page. Your Honor, we ask that this Honorable Court mark the signature of Atty. Dennis M. Timajo above the printed name “Atty Dennis M. Timajo” as found on the bottom portion of the fourth (4") page of the “Huling Habilin o Testamento” as Exhibit “C-14". 34, There are four (4) other signatures on the fourth (4°) and last page of the “Huling Habilin o Testamento”. | am showing them to you (witness is confronted with/shown the document), are you familiar with them? Ans: Yes, | am familiar with these four (4) other signatures. 35. Can you identify these four (4) other signatures? Ans: From the top of the left side of the fourth (4") and last page of the “Huling Habilin o Testamento’, the first (1°') signature is that of the late Demetria Salazar de Leon, the second (2) signature belongs to Gloria T. Verde, the third (3°) signature is that of Grace |. Cocson, while the fourth (4") and last signature belongs to Pablo. Fallaria. 36. How do you know that these signatures belong to the persons you previously mentioned? Ans: | personally witnessed each of them sign on the left margin of the fourth (4") and last page of the “Huling Habilin 0 Testamento”.7 : 37. Are you a party to the “Huling Habilin o Testamento” which you notarized? Ans: No. 38. Finally, as a consequence of having notarized the “Huling Habilin o Testamento”, except for the notarial fee, did you receive, directly or indirectly, any commission, fee, advantage, right, title, interest, cash, property, or other consideration? Ans: No. AFFIANT FURTHER SAYETH NAUGHT. ~ ATTY. DI SUBSCRIBED AND SWORN TO BEFORE ME, this 4h day Of _fwember 2014 at Makati City, personally known to me as such, affiant exhibiting to me his io. 97 expiring on Doc. No. _330_; Page No. _3 Poet ec Me Series of 2014. TR NO ABP. No. 915128, i WARITY, Pal ATTESTATION “SYS |, CZARINA G. QUINTANILLA, do hereby attest that: 1. | conducted and supervised the examination of Atty. Dennis M. Timajo; 2. | faithfully recorded or caused to be recorded the questions which | asked, and the corresponding answers which the witness gave; and 3. Neither |, nor any other person then present or C : assisting me coached the witness regarding the latter's answers.Va fa CZARINA G. QUINTANILLA SUBSCRIBED AND SWORN TO BEFORE ME, this \4thday of November 2014 at Makati City, ee known to me as such, affiant exhibiting to me his & Doc. No. _33!_; Book No. ea lahe Pie, aa, bitetttlnee : Series of 2014. eo gs Cavan Coes 08 HR AY PueLic ‘Natared Commi 2014 sao canes oy exeLanntion™ ree (Pursuant to Section 11, Rule of the 1997 Revised Rules of Civil Procedure) EES Due to the distance and lack of personnel to effect personal service, service was made by registered mail upon the party as hereinbelow indicated in the corresponding attached registry receipt. / : \ CZARINA G. QUINTANILLA A oy Py ATTY. nergon CLEMENTE Counsel for the Oppositors No. 10 Nery St. corner Rosary St. Remmanville Executive Village Parafiaque City COPY FURNISHED: pret’ oof ga"