Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

10th Judicial Region
Malaybalay City
Province of Bukidnon

SPS. ERLINDA & JUANITO Civil Case No. 2362

MONDIA
Plaintiffs,
-versus- -for-

FRANCISCO LIMBAGA, EVA RECOVERY OF POSSESSION

LIMBAGA, ANGEL GRACE AND DAMAGES WITH
LIMBAGA, FRANCINE PRAYER FOR THE ISSUANCE
ANGELINE LIMBAGA, HAROLD OF A WRIT OF PRELIMINARY
LIMBAGA, ARBE CRISOSTOMO, & MANDATORY INJUNCTION
GODOFREDO EBALE
Defendants.
x----------------------------------x

JUDICIAL AFFIDAVIT
of
NORBERTO L. APARICIO

PRELIMINARY STATEMENT
I, NORBERTO L. APARICIO, of legal age, married, Filipino, and a
resident of Cagayan de Oro City, after having been duly sworn to an oath in
accordance with law, execute this Judicial Affidavit in a question and answer
form the questions having been propounded by Atty. Dence Cris L. Rondon at
his office at Lagamon and Associates Law Office, 2/F, Jamstar Bldg., J.P.
Carillo-San Isidro Sts., Brgy. 5, Malaybalay City, Bukidnon. This shall
constitute as my direct testimony, and fully aware that I am answering the
questions under oath and under pain of criminal liability in case of any false or
perjured testimony, to wit:

PURPOSES:

1. To prove that a Certification dated January 26, 2011 was issued

by Norberto L. Aparicio as Head, Operations Unit of Land
Management Program 2;
2. To prove that based on the said Certification, Norberto L.
Aparicio together with other persons including Juanito Mondia
conducted an ocular inspection over the land mortgaged by the
plaintiffs and foreclosed by the Development Bank of the
 Philippines;

3. To prove that the lot wherein the house of the defendants is

erected in the foreclosed property owned by the Development
Bank of the Philippines;

4. To prove that based on the said Certification, plaintiff Juanito

Mondia confirmed to the survey team that the residential lot
occupied by Francisco Limbaga is within the property pinpointed
by Juanito Mondia as the mortgaged property;

5. To prove other related matters relative to the above-mentioned

purposes.

QUESTION AND ANSWER

Legend: Q – Question A – Answer

1. Q : Will you swear to tell the truth and nothing but the truth?

A : Yes;

2. Q : Please state your complete name, age, job and other personal
circumstances.

A : I am Norberto L. Aparicio, 60 years old, the Chief of the

Technical Services Division of PENRO Bukidnon, Malaybalay
City, Bukidnon, married, and a resident of Cagayan deo Oro
City;

3. Q: And as the Chief of the Technical Services Division of PENRO

Bukidnon, what are your duties and responsibilities?

A : ________________________________________;

4. Q : How any years have been an employee of PENRO – Bukidnon?

A : _________________________________________________;

5. Q : If you would be shown a document issued by your office, would

you be able to recognize the same?

A : Yes;

6. Q : I am a showing to you a Certification dated January 26, 2011

 signed by one Norberto L. Aparicio, do you recognize this
document?

A : Yes.

7. Q : Why do you recognize this document?

A : __________________________________________________

8. Q : It is also stated in the Certification that you were the Head,

Operations Unit of the Land Management Administration Program
2, what are your duties and responsibilities as such?
A : ________________________________________________

9. Q : By the way, would you be so kind to enlighten us about this LAMP

2?
A : ________________________________________________

10. Q : I will attach this Certification which is previously marked as

Exhibit “12” for the defendants as Annex “A” to your Judicial
Affidavit and will form an integral part thereof, will you affirm my
action?
A : Yes;

11. Q : Would you please kindly narrate what was the facts behind the
issuance of this Certification?
A : _________________________________________________;

12. Q : During the ocular inspection, were you alone?

A : ____________________________________________________

13. Q : Who were you with then?

A : ________________________________________________

14. Q : Would you please kindly read paragraph 2 of the Certification?

A : “This is to certify further that during the ocular inspection it
was ascertained and witnessed by the group who conducted the ocular
inspection that the residential lot presently occupied by Francisco
Limbaga is within the property pinpointed on the ground by Mr. Juanito
Mondia as the mortgaged property.”
15. Q : If you could recall, what exactly, if any, did Mr. Juanito Mondia say
when he pinpointed on the ground that the lot occupied by Mr.
Limbaga is the mortgaged property?

A : ___________________________________________________;

16. Q : I no longer have any questions for you, do you have anything more
to say?

A : None for now.

17. Q : Did you execute this Judicial Affidavit on your own free will?

A : Yes, I executed this Judicial Affidavit on my own free will

without any form of force, violence or intimidation to attest to
all the truth of the foregoing facts;

18. Q : Have you read and understood the contents of this Affidavit?

A : Yes, I have read and have fully understood the contents of this
Judicial Affidavit.
No further questions.

Affiant further sayeth naught.

IN WITNESS WHEREOF, I have hereunto set my hand this

___________________ at Malaybalay City, Bukidnon, Philippines.

NORBERTO L. APARICIO
Affiant
ID NO. ________________________

SUBSCRIBED AND SWORN to before me, this ___________________ at

Malaybalay City, Bukidnon, Philippines, affiant exhibited to me his
_________________________ as competent evidence of identity in accordance with the
2004 Rules on Notarial Practice.

WITNESS MY HAND AND NOTARIAL SEAL.

Doc. No.: _______;

Page No.: _______;
Book No.: _______;
Series of 2020.
 ATTESTATION

I, Atty. Dence Cris L. Rondon, Filipino, of legal age, single and a

resident of Block 7, Lot 7, Purok 17, Casisang, Malaybalay City, Bukidnon,
after having been sworn in accordance with law, hereby attests to the
following:

1. That I was the one who conducted the examination of NORBERTO L.

APARICIO;

2. That the examination was conducted at my office;

3. That I have faithfully recorded the questions that I asked and the
answers given by NORBERTO L. APARICIO;

4. That I or any person present during the examination did not coach
NORBERTO L. APARICIO regarding his answer.

IN WITNESS WHEREOF, I have hereunto set my hand this

____________ at Malaybalay City, Bukidnon.

DENCE CRIS L. RONDON

SUBSCRIBED AND SWORN to before me at the date and place above
stated, Affiant exhibiting to me competent proof of his identity as indicated
below his name.
Doc. No.: _____;
Page No.: _____;
Book No.: _____;
Series of 2020.