Republic of the Philippines

Second Judicial Region

REGIONAL TRIAL COURT
Branch 30
Bambang, Nueva Vizcaya
Stationed at Bayombong, Nueva Vizcaya

HEIRS OF ISMAEL ASUNCION AND

EVARISTA AGIRRE, ET AL.,
Plaintiffs,
CIVIL CASE NO. 1276
For: RECONVEYANCE,
-versus- ANNULMENT OF DEEDS OF
SALE, TITLES, TAX
DECLARATIONS AND
RECOVERY OF POSSESSION
WITH DAMAGES
NESTOR D. ACOSTA ET AL.,
Defendants.
x-------------------------------------------------------------x

JUDICIAL AFFIDAVIT
OF DEFENDANT NESTOR D. ACOSTA

This Judicial Affidavit of Nestor D. Acosta, one of the defendants, is

executed to serve as his direct testimony in the instant case. This
Judicial Affidavit is being offered to prove:

a) All the allegations in the Answer including annexes attached

therewith; and,

b) All other allied matters, facts and circumstances in relation to

this case.

This Judicial Affidavit was conducted and supervised by Atty.

Roda Raizza V. Garcia at Garcia Law Office at Megaoil (Total) Gas Station
Bldg., Bonfal Proper, Bayombong, Nueva Vizcaya.

Questions were propounded by Atty. Roda Raizza V. Garcia and

these questions are numbered consecutively and each question is
followed by the answer of the witness.

ATTY. GARCIA: With the kind permission of the Honorable Court.

Judicial Affidavit of Defendant Nestor D. Acosta

1) Q: Mister Witness, do you swear to tell the truth and nothing
but the whole truth?
A: Yes, ma’am.

2) Q: Are you aware that you can be criminally charge if you will
not tell the truth?
A: Yes, ma’am.

3) Q: Please state your personal circumstances.

A: I am Nestor D. Acosta, of legal age, married, Filipino citizen
and presently residing at Homestead, Bambang, Nueva
Vizcaya.

4) Q: Are you the same Nestor D. Acosta, one of the defendants in

the case docketed as Civil Case No.1276 and pending before
the Regional Trial Court, Branch 30, Bambang, Nueva
Vizcaya?
A: Yes, ma’am.

5) Q: Do you know the Plaintiffs in said case?

A: Yes, ma’am.

6) Q: And why do you know them?

A: They are the descendants of the late Ismael Asuncion and
Evarista who claiming the properties which the latter sold
to my father Silverio Asuncion.

7) Q: Do you have any knowledge about the subject properties?

A: Yes, ma’am.

8) Q: What do you know about those properties?

A: What I know ma’am is that these parcels of land were part
of one large tract of land and previously owned by our late
father Silverio Acosta. Which parcel of land were bought by
the latter from Spouses Ismael Asuncion and Evarista
Asuncion and covered by OCT No. 0-399. Subsequently, our
father subdivided the property and transferred to me and
my siblings our respective portions which we registered
under our names.

9) Q: Do you have anything to prove that the subject properties

were sold to your father by Spouses Ismael Asuncion and
Evarista Asuncion?
A: Yes, ma’am.

10) Q: I am showing to you this Complaint filed by Spouses Silverio

Judicial Affidavit of Defendant Nestor D. Acosta

 Acosta and Concepcion Dangilan against Lino Valmores,
docketed as Civil Case No. 1523 before the then Court of
First Instance of Nueva Vizcaya, the Memorandum for the
Plaintiffs and the Decision of said Complaint which are
marked as Exhibits “1”, “2”, and “3, respectively, what can
you say about these documents?
A: These documents can prove that my late father Silverio
Acosta owned the subject properties and which was
supported by the testimony of the former owner Spouses
Ismael Asuncion and Evarista Asuncion from whom my
father bought the same. These documents would also show
that in said case, Ismael Asuncion admitted and confirmed
the sale of the subject properties to my father Silverio
Acosta in open court.

11) Q: Do you know if Evarista is able to read and write?

A: Yes, ma’am.

12) Q: Do you have any proof on that?

A: Yes, ma’am, I have a document executed and duly signed by
the late Evarista Aguirre-Asuncion.

13) Q: I am showing to you a copy of a Renunciation and

Relinquishment of homestead Rights and Interest for Value
which is marked as Exhibit “4”, what can you say about it?
A: It is the one I am referring too that the late Evarista Aguirre-
Asuncion have executed and signed.

14) Q: Mr. Witness, do you have anymore document/s to show that

indeed, the subject properties were lawfully transferred by
the late Spouses Ismael Asuncion to your father Silverio
Acosta?
A: Yes, ma’am.

15) Q: I am showing to you a copy of a Quitclaim Deed executed by

the children of the late Spouses Ismael Asuncion and
Evarista Aguirre-Asuncion, what can you say about it?
A: It proves that the Children/Heirs of the late Spouses Ismael
Asuncion and Evarista Aguirre-Asuncion affirmed and
confirmed that the Spouses have sold and conveyed the
subject land/s to my father Silverio Asuncion, hence, they
chose to quitclaim.

16) Q: How are you related to you Co-Defendant Noemi?

A: She is my sister, ma’am.

17) Q: Do you know where he is now?

Judicial Affidavit of Defendant Nestor D. Acosta

 A: She is abroad ma’am, particularly in ____________________

18) Q: Do you know how many years since your father bought the
subject properties from the late Ismael Asuncion and
Evarista Aguirre-Asuncion?
A: More or less fifty four (54) years.
19) Q: Is there any more you can incorporate?
A: Due to this baseless case instituted by complainant, we
suffered mental anguish, fright, serious anxiety, wounded
feelings, and similar injury by reason thereof we are entitled
to moral damages and correctional damages for which
amount is left to the kind discretion of the Honorable Court.

20) Q: In bringing this suit before this Honorable Court, did you
spend anything?
A: Yes, ma’am.

21) Q: How much?

A: We paid our counsel the sum of P20,000.00 as his attorney’s
fees other than his appearance fee of P1,000.00 per hearing
as well as the cost of suit which must be reimbursed by the
Plaintiffs.

ATTY. GARCIA: No further questions for the witness.

IN WITNESS WHEREOF, I have hereunto set my hand on this

affidavit this ____ day of February 2017 at Bayombong, Nueva Vizcaya.

NESTOR D. ACOSTA
Affiant

SUBSCRIBED AND SWORN TO before me this ___ day of February

2017 at Bayombong, Nueva Vizcaya, affiant having exhibited to me her
Driver’s License Identification Card with Number B01-98-031459,
bearing his name and signature.

Judicial Affidavit of Defendant Nestor D. Acosta

 ATTESTATION

I, RODA RAIZZA V. GARCIA, of legal age, single, Filipino citizen

and a resident of Bonfal Proper, Bayombong, Nueva Vizcaya, after
having duly sworn to in accordance with law do hereby depose and say,
THAT:

1. I am the counsel on record for the Defendants Nestor D. Acosta

and Arlyne Acosta-Jugo in the above-entitled case;

2. I personally conducted the foregoing judicial affidavit of

Defendant Nestor D. Acosta;

3. I hereby certify that I faithfully recorded the questions I asked

and the answers of the witness;

4. I likewise certify that neither I nor any person then present had
coached the witness regarding the latter’s answer.

IN WITNESS WHEREOF, I have hereunto affixed my signature

this ____ day of February 2017 at Bayombong, Nueva Vizcaya.

RODA RAIZZA V. GARCIA

Affiant

SUBSCRIBED AND SWORN TO before me this ____ day of

February 2017 in Bayombong, Nueva Vizcaya, affiant exhibited to me
her Tax Identification Card with Number 428-320-827 bearing her
name and signature.

Judicial Affidavit of Defendant Nestor D. Acosta