Republic of the Philippines

REGIONAL TRIAL COURT

First Judicial Region
Branch 3, Baguio City

Carmen C. Valdez
Plaintiff
Civil Case No. 8853-R
For:
-vs- Annulment of Judgment,
etc..

Sps. Jeoffrey Valdez and

Michiko Valdez, et al
Defendants
x- - - - - - - - - - - - -- - - - - -x

Judicial Affidavit of the Plaintiff

(Jeoffrey Valdez)

PRELIMINARY STATEMENT

I. DIRECT-EXAMINATION – This serves as the direct testimony of

the Plaintiff, Jeoffrey Valdez, as elicited by Atty. Cyrus C. Calaya, with
office address at S & B Bldg., FA 224, Km. 4, La Trinidad, Benguet, in the
said office.
Purpose: The testimony of the witness is being offered to prove that:
a) He is one of the defendants in the above-entitled case;
b) To substantiate his allegations, corroborate and support the
testimonies of the witnesses on his defense to establish that he and
his wife are the owners of that certain parcel of land as evidenced
by Tax Declaration/ARP No. 2015-02-008-156659 and the
improvements found thereon under Tax Declaration/ARP No.
2015-02-008-157090 and not the plaintiff; that said properties were
duly and lawfully conveyed to them by the original owner and
subsequently, transferred the property in their names according to
the legal processes, procedure and in due course; that they are the
current possessor of the same properties; that sometime in July
2015, for failure of their lessees, Spouses Rubenita Tubera and
Dionie Tubera and Gaudencio “Jun” Tubera, to settle their unpaid
monthly rent, filed a case for Unlawful Detainer with Damages
before the MTCC of Baguio City; that after due proceedings, the
MTCC Branch 2, of Baguio City rendered a Judgment in favour of

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 the plaintiff and against the defendant therein; the decision has
become final and executory;

(c) In addition, the witness will identify several documents pertinent

to the above-entitled case and he will testify on other relevant
matters.

II. TESTIMONY PROPER –

Questions (Q1):Please state your name, age, address and other personal
circumstances.
Answer 1 (A1): I am Jeoffrey Valdez, of legal age, married to Michiko
Dave Agustin-Valdez, Filipino and with residence and
postal address at Lopez Jaena Last December 2019. I
hereby declare that I am answering the detailed questions
asked of me, fully conscious that I am so doing under
oath and that I may face criminal liability for false
testimony or perjury, on the following matters:

Q2. Mr. Witness, are you the same as Jeoffrey Valdez, who is one of the
defendants in this case?
A2. Yes sir.

Q3. How are you related to the other defendant, Michiko Valdez?
A3: She is my wife sir.

Q4. How about the plaintiff, Carmen De Vera, are you related to her in
any way?
A4: My wife is related to her. She calls her Lola;
Q5. Do you have any property located at Lopez Jaena St,. Aurora Hill,
Baguio City?
A5: Yes sir.

Q6: What kind of property or properties?

A6: A parcel of unregistered land and the building erected thereon.

Q7: Do you have any proofs of that?

A7: Yes sir, the tax declarations of said properties.

Q8. Would you be able to identify the tax declarations if you will see the
same?
A8: Yes, sir.

Q9: I am showing you a copy of a document which appeared to be a Tax

Declaration/Assessment of Real Property No. 2015-02-008-156659
and previously marked as Annex “1”. Is this the tax declaration you
are referring to?

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A9: Yes sir. This is the tax declaration over the lot.

Q10: I am going to mark this as Exhibit “1” to form a part of your Judicial
Affidavit as such, do you confirm my action?
A10: Yes sir.

Q11: I am also showing you a copy of a document appearing as Tax

Declaration/Assessment of Real Property No. 2015-02-008-157090,
can you tell what relation this document has to the documents you just
mentioned, if any?
A11: This is the tax declaration covering our building sir.

Q12: I am going to mark this as Exhibit “2” instead to form part of your
Judicial Affidavit as such. Do you confirm my action?
A12: Yes sir.
Q13: May we know how did you acquire these properties?
A13: The original exclusive owner, the late George De Vera, donated the
properties in our favour sir.

Q14: What proof do you have of this donation, if any?

A14: He executed a Deed of Donation, and Affidavit both dated January 5,
2015, in our favour sir.

Q15: Will you be able to identify the said documents if shown you copies
of the same?
A15: Yes sir.

Q16: I am showing you a copy of a certain document which purports to be a

Deed of Donation dated January 5, 2015, kindly go over the same and
tell us if this is the same document you are referring to?
A16: Yes sir. This is the Deed of Donation.

Q17: I am going to mark this document as Exhibit “3” and attached to your
Judicial Affidavit as such, do you confirm my action?
A17: Yes sir.

Q18: Showing you also an Affidavit dated January 5, 2015, kindly go over
the same and tell us what relationship this document has to the one
you just mentioned?
A18: This is the Affidavit of the late Mr. De Vera.

Q19: I am going to mark this document as Exhibit “4” and attached the
same to your Judicial Affidavit to form a part hereof as such, do you
confirm my action?
A19: Yes sir.
Q20: Now, you testified that the properties were owned exclusively by Mr.
De Vera, why do you claim as such?

A20: Sometime in June 2002, Mr. De Vera’s wife, the plaintiff herein,
waived and quitclaimed to him the property involved in this case
including the improvement found thereon sir. In addition, in the
January 5, 2015 Affidavit of Mr. De Vera mentioned above, he

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 declared and asserted unequivocally that the said properties were his
exclusive and solely owned properties only.

Q21: What document do you have, if any, to show that the plaintiff waived
and quitclaimed indeed the properties involved in this case in favour
of the late Mr. De Vera?
A21: The Affidavit of Waiver of Rights sir.

Q22: Will you be able to identify the same if shown to you a copy?
A22: Yes sir.

Q23: Showing to you a Waiver of Rights dated June 4, 2002, is this the
document you mentioned?
A23: Yes sir.

Q24: I am going to mark this document as Exhibit “5” and attached the
same to your Judicial Affidavit to form a part thereof as such, do you
confirm my action?
A24: Yes sir.

Q25: When was Mr. De Vera died, by the way, if you know?
A25: He died in January 17, 2015.

Q26: Why do you know this?

A26: My wife and I were the ones who primarily attended and cared during
his last days in this earth sir. So, we were with him when he died.

Q27: Being with him during his last days on earth, what else did you do, if
any aside from taking care of him?
A27: My wife and I were also entrusted with the care, administration,
management and the protection of some of his properties located in
Baguio City even long before his death.

Q28: May we asked why?

A28: Well, he was already too old to attend to his health and body, much
more with his property. And my wife, being related to him as
Grandaughter, was entrusted with his properties. In fact, sometime in
2015, my wife and I filed an ejectment case against our previous
lessees in the property, acting as the representatives of the owner, the
late George De Vera, sir.

Q29: Was this claim that you were entrusted with his property in Baguio
City duly documented, if you know?
A29: Yes sir.

Q30: What is that document, if you know?

A30: He executed in December 2014 a Special Power of Attorney in our
favor relative to the care and administration of his properties involved
in this case sir.

Q31: Will you be able to identify the SPA if you will be shown a copy?
A31: Yes sir.

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Q32: Showing you a copy of a certain document purporting to be a Special
Power of Attorney, kindly go over the same and tell us if this is the
same document which you mentioned earlier?
Q32: This is the same document sir.

Q33: I am going to mark this document as Exhibit “6” and attached the
same to your Judicial Affidavit as such, do you confirm my action?
A33: Yes sir.

Q34: By the way, you said that the plaintiff was the wife of the late Mr. De
Vera. And you also said that you were the ones who took care of Mr.
De Vera during his last moment in this earth, why was not his wife,
the plaintiff?
A34: He and his wife, the plaintiff, separated since 1996, sir until his death
in 2015.

Q35: As per your knowledge, was his wife aware about the execution of
these documents, if any?
A35: Yes sir. In fact, during those times that my wife and I were processing
the papers relative to the transfer of the properties involved in this
case, we told the plaintiff of the same. She was appraised of what we
were doing. And she never objected nor negatively reacted;

Q36: Do you recall if you have executed any document in relation to this?
A36: Yes sir. Sometime on March 2015, we executed an Affidavit with my
mother in law, Evangeline D. Agustin.

Q37: Showing you a certain document. Please go over it and tell us if you
can identify the same?
A37: This is the Affidavit which I mentioned earlier sir.

Q38: I am going to mark this as Exhibit “7” to form a part of your Judicial
Affidavit as such, do you confirm my action?
A38: Yes sir.

Q39: Now, you mentioned earlier in your testimony that your wife was
related to the late George De Vera, do you have any proof of this?
A39: Yes sir. The Affidavit of Two Disinterested Persons executed by
Rosario M. Bucasas and Emilio Acosta Jr.

Q40: Will you be able to identify the said document?

A40: Yes sir.

Q41: Showing you a certain document. Please go over it and tell us what
relation this document has, if any, to the one you just mentioned?
A41: This is the same document which I mentioned earlier sir.

Q42: I am going to mark this as Exhibit “8” to form a part of your Judicial
Affidavit as such, do you confirm my action?
A42: Yes sir.

Q43: Finally, you mentioned an ejectment case which you filed sometime

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 in the later part of 2015 against previous lessees, what happened to
that case?
A43: The court decided in our favour.

Q44: Do you want to add anything more to your testimony?

A44: Yes sir. I would like to add that my wife and I were gravely affected
by the filing of this baseless case. We are sure we did not do anything
wrong against the plaintiff. We have been caring and considering for
her just like we have been doing with the late George De Vera. We
suffered much that our morals are damaged. I therefore respectfully
pray of the Honorable Court to dismiss this case, grant our counter
charge for damages against the plaintiff and the costs of litigation be
assessed against her.

Q45: Do you affirm and confirm the truthfulness of all your answers in
this Judicial Affidavit?
A45. Yes sir.

Q46. I have no further questions. Thank you, sir witness.

A46. Thank you too sir.

IN WITNESS WHEREOF, I am executing this JUDICIAL

AFFIDAVIT to attest to the truth of the foregoing and to offer the same as
my true and honest answers to the questions asked of me as above
detailed.

Have hereunto set my hand this September 2, 2020 at La Trinidad,

Benguet, Philippines.

Jeoffrey Valdez
Affiant
Driver’s License No. A01-17-004602
Expires on 20222-09-22

SUBSCRIBED AND SWORN to before me this September 2,

2020 at La Trinidad, Benguet, affiant personally appeared and
exhibited to me his IBP Lifetime ID Card bearing his photo and
signature.

ATTY. CYRUS C. CALAYA

Doc. No. 262; Notary Public until Dec. 31, 2021
Page No. 53; PTR No. BGTCF6232438; January 10, 2020
Book No. I; IBP Lifetime No. 08051, at Pasig City
Series of 2020. Roll No. 52590, May 12, 2006; Manila
S & B Bldg., FA 224, Km. 4, La Trinidad, Benguet

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 ATTESTATION
(Re: Judicial Affidavit of Jeoffrey Valdez)

I, CYRUS C. CALAYA, of legal age, lawyer, married, Filipino

citizen, and with office address at S & B Building, FA 224, Km. 4, La
Trinidad, Benguet, after having been sworn to in accordance with law,
hereby depose and state that:

1. I have conducted the direct examination on Jeoffrey Valdez, inside

my law office at S & B Bldg., FA 224, Km. 4, National Highway, La
Trinidad, Benguet;

2. I faithfully caused to be recorded the questions I asked and the

corresponding answers that the witness gave;

3. Neither I nor any person then present or assisting him coached the
witness regarding the latter’s answers;

4. The witness could speak and understands English; hence, he

testified in English.

IN WITNESS WHEREOF, I hereby affixed my signature this

September 2, 2020 at La Trinidad, Benguet.

ATTY. CYRUS C. CALAYA

Affiant
IBP Lifetime Number 08051; Pasig City

SUBSCRIBED AND SWORN to before me this day of September

2020 at La Trinidad, Benguet, affiant personally appeared and exhibited to
me his IBP Lifetime ID Card bearing his photo and signature.

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