Professional Documents
Culture Documents
Judicial Affidavit
Judicial Affidavit
JUDICIAL AFFIDAVIT
(Rule on Judicial Affidavit,
A.M. No. 1-3-5-7, May 21, 2018)
I. PRELIMINARY INFORMATION.
Address : Ei Bee Sy Law Firm, Unit B, Manila Residences, Taft Avenue, Manila
Place of Examination: Ei Bee Sy Law Firm, Unit B, Manila Residences, Taft Avenue, Manila
II. OFFER.
The testimony of the witness Kobe Paras is being offered to prove the:
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;
I, KOBE PARAS, 23 years old, single, Filipino, and residing at Chico St., Rizal, under oath,
depose:
1. Q – Please state your name, age, residence, and occupation of the witness.
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 -Yes.
a. Annulment of Transfer of Certificate of Title No. 1234 registered in the name of defendant Sps.
Haulo, and all persons acting under her authority, covering a parcel of land located in Barrio
Balimbing, Municipality of Cainta, Rizal;
b. Accion Reivindicatoria or recovery of the ownership of the subject property from defendant Sps.
Haulo, and persons acting under her authority in favor of Heirs of Paras, of the subject property
from the defendants;
c. Recovery of the possession of the subject property from defendant Heirs of Haulo, and persons
acting under her authority in favor of Heirs of Paras, as real owners of the subject property from
the plaintiffs;
8. Q - Are you familiar with the real property subject matter of this
case?
A- Yes. I live in Cainta, Rizal, where the subject property is also located near our ancestral
house.
9. Q - Can you describe the subject property?
. 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 about the history of the subject property. I was
assisted in the research and investigation by my brother, Benjie Paras, and the lawyers for the
plaintiffs, the Ei Bee Sy Law Offices.
He was the original registered owner of a parcel of land under Certificate of Title No. 123 by the
Register of Deeds of the Province of Rizal, pursuant to a Sales Patent No. 143 issued on 1927,
located in Cainta, Rizal with an area of 450 square meters.
A– The heirs of the deceased Spouses Paras were their surviving children Benjie and Kobe
Paras.
As their surviving children, and theheir of the deceased Sps. Paraz, inherited the abovementioned
parcels of land owned by his deceased parents.
14. Q – What legal instrument did Kobe Paras execute
to cause the transfer of the ownership of the estate of his deceased parents in his name?
a. The annulment of TCT No. 1234 registered in the name of defendant Spouses Haulo.
b. The recovery of the ownership (accion reinvindicatoria) of the subject property from defendant
Spouses Haulo (and those acting under her authority) in favor the plaintiffs Heirs of Sps. Paras.
c. The recovery of the possession of the subject property from defendant Sps. Haulo (and those
acting under her authority) in favor of the plaintiffs Heirs of Sps. Paraz.
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;
“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, 2014, of the National Archives of the Philippines, consisting of one (1) page.
10. As Exh. “J” for the plaintiffs - Exh. “10” of the Xxx judicial affidavit, i.e., CERTIFICATION
dated xxx, 2014, of the National Archives of the Philippines, consisting of one (1) page.
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.”
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.
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 15 years before you filed a case in court
against the defendant to assert your rights in the subject property?
A – We did not have the financial resources and the clout to launch a legal fight against the
rich and influential Haulo Family to recover the subject property.
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.
KOBE F. PARAS
Affiant/Co-Plaintiff
SUBSCRIBED and sworn to before me in Rizal City on May 20, 2018, affiant showing
his/her competent proof of identity, to wit: Comelec VIN xxx.
Notary Public
Doc. No. __
Page No. __
Book No. __
Series of 2015.
The undersigned ATTY. EI BEE SY., of legal age, singe, and with law office Unit B, Manila
Residences, Taft Avenue, Manila
1. She is the Legal Counsel for the plaintiffs in the above-entitled case;
2. She faithfully recorded or caused to be recorded the questions she asked and the
corresponding answers that the above-named witness gave;
3. Neither she nor any other person then present or assisting her coached the witness regarding the
latter's answers; and
4. She conducted the examination of the witness at his law office located at Unit B, The Manila
Residences, Taft Avenue, Manila
Atty. Ei Bee Sy
Affiant
SUBSCRIBED and sworn to before me in xxx City on May _____, 2018, affiant showing
his/her competent proof of identity, to wit: SSS Member ID No. 999999999.
Notary Public
Copt Furnished:
A copy of this Judicial Affidavit is served on the Court, the Counsel for the Defendant
Heirs of Sps. Haulo, 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.
Ei Bee Sy