Republic of the Philippines)

City of Cebu . . . . . . . . . . . . .) S.s.

X-------------------/

JUDICIAL AFFIDAVIT OF SUSAN N. BAUTISTA TO SERVE AS

HER DIRECT TESTIMONY IN CIVIL CASE NO. CEB-36898

Name of Witness: Susan N. Bautista

Address: Antuanga, Filipino, Quiot, Cebu City
Age: 50

Name of Lawyer who conducted the Examination: Atty. Francis

George F. Dinopol
Place: Suite 402 G.K. Chua Bldg., Sancianco St., Cebu City

Atty . Dinopol:

1. Q: What is your name, age, status, residence, occupation and

other personal circumstance:

A: I am Susan N. Bautista, Filipino, I am currently self-

employed and a resident of Sitio Antuanga, Quiot, Cebu City;

2. Q: Do you know Paulina Nacorda, one of the plaintiffs in this

case?

A: Yes, she is my mother;

3. Q: How about Mariano Nacorda, also one of the plaintiffs in

this case?

A: Yes, he is my uncle; he is the brother of my mother, Paulina

N. Bautista;

4. Q: How about Marylyn Nacorda, also one of the plaintiffs in this

case?

A: Yes, she is my cousin, she is a daughter of my uncle Pablo

Nacorda;

5. Q: How about Jimmy Nacorda, also one of the plaintiffs in the

case?

A: Yes, he is my cousin, he is a son of my uncle Pablo Nacorda.

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6. Q: How about Pablo Nacorda, Jr., also one of the plaintiffs in
this case?

A: Yes, he is my cousin, he is also a son of my uncle Pablo

Nacorda.

7. Q: How about Gina Nacorda, also one of the plaintiffs in this

case?

A: Yes, he is my cousin; she is a daughter of my uncle Pablo

Nacorda.

8. Q: How about Mary Grace Nacorda Soriano, also one of the

plaintiffs in this case?

A: Yes, he is my cousin, she is also a daughter my uncle

Gregorio Nacorda.

9. Q: How about the other Jimmy Nacorda, also one of the plaintiffs
in this case?

A: Yes, he is my cousin; he is also a son of my uncle Gregorio

Nacorda.

10. Q: How about Cristita Nacorda, also one of the plaintiffs in this
case?

A: Yes, she is my cousin, she is a daughter of my uncle

Gregorio Nacorda.

11. Q: How about Josephine Gorgonio, one of the defendants in

this case?

A: I do not personally know her, but she was made as a

defendant in this case because she was the one who applied for the
free patent with respect to the parcel of land owned by my mother
and her siblings.

12. Q: You mentioned of the words “mother and her siblings”, can
you specify Madam Witness?

A: Yes, my mother, Paulina N. Bautista and her siblings,

namely: Mariano Nacorda, Gregorio Nacorda and Pablo Nacorda.

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13. Q: Where us Paulina Nacorda now?

A: She is still alive but already very old and sickly, that is why
she executed a Special Power of Attorney in my favor, for me to file
and prosecute this case.

14. Q: Can you show me that Special Power of Attorney, madam

witness?

A: Yes, here it is.

Atty. Dinopol: The witness presented to me Special Power of

Attorney dated July 16, 2010 which was entered into the Notarial
register of Notary Public Douglas C. Malaya as Doc. No. 67, Page No.
14, Series of 2010, marked as Exhibit “A”;

15. Q: Madam witness, what you have shown me is only a machine

copy, where is the original of this Special Power of Attorney?

A: The Original is already attached to the record of the case,

this Special Power of Attorney was pre-marked during the pre-trial
on April 12, 2011 before the Branch Clerk of Court of RTC Branch 7.

16. How about Mariano Nacorda, where is he right now?

A: He is residing in Cotabato City, which made it very difficult

for him to become a co-plaintiff in this case. It is for that reason that
he executed a Special Power of Attorney in my favor.

17. Q: How Gregorio Nacorda, where is he right now?

A: He is already deceased.

18. Q: Do you know if Gregorio Nacorda has any heirs?

A: Yes, they are Marylyn Nacorda, Jimmy Nacorda and Pablo

Nacorda, Jr., Mary Grace N. Soriano, Jimmy Nacorda and Cristita
Aquino.

19. How about Pablo Nacorda, where is he right now?

A: He is already deceased.

20. Q: Do you know if Pablo Nacorda has any heirs?

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 A: Yes. They are Marylyn Nacorda, Jimmy Nacorda and Pablo
Nacorda, Jr., and Gina Nacorda. They also executed a Special Power
of Attorney in my favor.

21. Q: Previously, you mentioned that defendant Josephine

Gorgonio applied for the free patent with respect to the parcel of land
owned by your mother and her siblings, can you describe this
particular property?

A: Yes, it is Lot 18436, Cad 12, Ext., identical to lot 1 PSU-

1888002, it is located in Barangay Quiot Pardo, Cebu City, Province of
Cebu, Island of Cebu, containing an area of Twelve Thousand Fourt
Hundred Eighty Four (12,804) square meters.

22. Q: Previously, you mentioned that this parcel of land is owned by

your mother and her siblings, Mariano, Pablo and Gregorio, is that
correct?

A: Yes.

23. Q: Can you tell me how or in what manner your mother and
her siblings became the owner of the subject parcel of land?

A: Yes. That particular parcel of land was previously owned by

Alipio Nacorda, who is an uncle of my mother. It was declared for
taxation under his name.

24. Q: Do you have a copy of the Tax Declaration?

A: Yes, here it is.

Atty. Dinopol: The witness presented to me machine copy of a

Certified True Copy of Tax Declaration No. 000687 as Exhibit “B”.

25. Q: What you have presented to me is only a machine copy, where

is the original Certified True Copy of Tax Declaration No. 000687?

A: It is already attached to the records of the case, this certified

copy itself of Tax Declaration No. 000687 was pre-marked before the
Office of the Branch Clerk of Court of RTC Branch 7 on April 12,
2011.

26. Q: How is that you claimed that the said parcel of land is now
owned by your mother and he siblings?

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 A: Yes, Alipio Nacorda executed a document denominated
EXTRA JUDICIAL PARTITION AND SALE dated January 23, 1963,
the late Alipio Nacorda, in the said document, sold Lot 18436 to my
mother Paulina Nacorda and her siblings namely, Pablo Nacorda,
Gregorio Nacord and Mariano Nacorda.

27. Q: Do you have a copy of this EXTRA JUDICIAL PARTITION

AND SALE dated April 6, 1963?

A: Yes, here it is.

Atty. Dinopol: The witness presented to me machine copy of

Certified Copy of EXTRA JUDICIAL PARTITION AND SALE dated
January 23, 1963 marked as Exhibit “C”;

28: Q: Where is the original certified copy of EXTRA JUDICIAL

PARTITION AND SALE dated January 23, 1963?

A: The original is already attached to the record of the case, this

EXTRA JUDICIAL PARTITION AND SALE dated January 23, 1963
was pre-marked before the Office of the Clerk of Court of RTC
Branch 7, on April 12, 2011?

29. Q: Do you have any other documents, if any, to prove that indeed
Alipio Nacorda was the owner of Lot 18436?

A: My mother, Paulina Nacorda, caused the verification from

the Bureau of Land to verify the status of the said parcel of land and
she found out that according to the Lot data computation of Lot
18436 was surveyed under the name of Alipio Nacorda, I have here
the copy of such lot data computation.

Atty. Dinopol: The witness presented to me machine copy of lot data

computation, marked as Exhibit “D”;

30. Q: Where is the original certified true Xerox copy of this lot data
computation?

A: The original is already attached to the record of the case, this

Lot data computation was pre-marked before the Office of the Branch
Clerk of Court of RTC Branch 7 on April 12, 2011.

31. Q: By the way madam witness, who is in possession of Lot

18436 right now?

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 A: Me, as a matter of fact, I am residing there, I have a house in
Lot 18436?

32. Q: Since when have you been residing in Lot 18436?

A: I have been residing there since 2007.

33. Q: Do you have any evidence to prove that indeed you have
resided in Lot 18436 since 2007?

A: I have here the electricity bill from Visayan Electric Co. Inc.
(VECO) covering the period from June to July 2008 and August to
September 2008 and an Official Receipt.

Atty. Dinopol: The witness presented to me VECO Bill No. 10334214

marked as Exhibit “W” and VECO Bill No. 0632106 marked as
Exhibit “X” and VECO Official Receipt No. 347828 and marked as
Exhibit “X-1”;

34: Q: Where are the originals of these documents?

A: They are already attached to the records of the case, they

were already pre-marked before the Office of the Clerk of Court of
RTC Branch 7, on April 12, 2011.

35. Q: Prior to 2007, who was in possession of Lot 18436?

A: My mother Paulina Nacorda together with her siblings.

My mother grew up there together with her entire family

including all her siblings since 1930’s. But in 1954, my mother Paulina
Nacorda, married and moved to Butuan, but her siblings continued
to live there until they also married and eventually moved on the
land.

But even when my mother and her siblings moved out, we

were still the ones who were gathering the fruits of Lot 18436, we go
there every once in a while. We planted Avocados, Bananas, Corns,
Coconut, Caimito, Guava, among other trees.

The entire community knows that 18436 is owned by my

mother and her siblings. The next door neighbors knows that my
mother Paulina and her siblings Pablo, Mariano and Gregorio are the
owners of that lot, that is why every time there is a fruit that is tripe
for picking, they would let us know right away.

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36. Q: What is the name of that neighbor?

A: Virgilio Sadorra.

37. Q: You mentioned a while ago that Josephine Gorgonio applied

for free patent of Lot 18436, is that correct?

A: Yes.

38. Q: How or what manner did you came to know that Josephine
Gorgonio applied for free patent over Lot 18436?

A: Sometime December 2009, my mother received a demand

letter from certain Atty. Pio S. Fuentes demanding her to vacate lot
no. 18436. We received several demand letters from this Atty. Pio
Fuentes before, but did not bother because we know that we are the
real owners, but this particular demand letter dated December 11,
2009 mentioned that Lot 18436 is covered by Original Certificate of
Title No. OP-3627. My mother then asked me to verify this Original
Certificate of Title No. OP-3627.

39. Q: Do you have with you this demand letter dated December
11, 2009?

A: Yes, here it is.

Atty. Dinopol: The witness presented to me the demand letter dated

December 11, 2009 which was pre-marked as Exhibit “S”.

40. Q: You mentioned that you received several demand letters

before that demand letter dated demand letter dated December 11,
2009, do you have a copy of that other demand letter?

A: Yes, I have here a demand letter dated February 21, 2006 also
signed by Atty. Pio S. Fuentes II.

Atty. Dinopol: The witness presented to me the demand letter dated

February 21, 2006 which was pre-marked as Exhibit “S-1”.

41. Q: You said awhile ago that your mother asked you to verify this
Original Certificate of Title No. OP-3627. Did you in fact make the
verification of OCT No. 3627?

A: Yes, I went to the Register of Deeds of Cebu City and was

able to find out that a Free Patent was issued in favor of a certain Hrs.

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of Maximo Nacorda rep. by Josephine Gorgonio. It says so there in
the OCT NO. 3627.

Atty. Dinopol: The witness presented to me the certified true copy of

OCT No. 3627 which was marked as Exhibit “P”.

42. Q: Madam witness, this certified true copy of OCT No. OP-3627
that you have just shown to me is only a machine copy, where is the
original Certified True Copy?
A: It is already attached to the records of the case, this
document was pre-marked before the Office of the Branch Clerk of
Court of RTC Cebu City, Branch 7 on April 12, 2011.

43. Q: Do you know this Maximo Nacorda person Madam

Witness?

A: No.

44. Q: Where you able to find out how or in what manner did
Josephine Gorgonio was able to secure this OCT No. OP-3627?

A: Yes, it appears on OCT No. 3627 itself that issued pursuant

to a Free Patent Application.

45. Q: What did you do, if any, upon learning that OCT No. 3627
was issued pursuant to a Free Patent Application?

A: I went to the Community Environment and Natural

Resources Officer (CENRO) to find out what was the basis for the
issuance of the Free Patent.

46. Q: Where you able to secure this basis for the issuance of the
Free Patent?

A: Yes, I was able to secure copies of the Free Patent

Application together with the supporting documents.

47. Q: Where are these documents?

A: Here they are.

Atty. Dinopol: The witness presented to me the following:

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 a. Technical Description of Lot 18436, pre-marked as Exhibit
“D”;

b. Order: Approval of Application and Issuance of Free Patent

dated December 17, 2008, pre-marked as Exhibit “E”;

c. Final Investigation Report, pre-marked as Exhibit “F”;

d. B.L. Form No. 700-2A, pre-marked as Exhibit “G”;

e. Certification issued by Richard N. Abella dated October 25,

2001, pre-marked as Exhibit H”;

f. Tax Declaration No. 102818, pre-marked as Exhibit “I”;

g. Joint Affidavit of Telesforo Sadora and Efren Binolirao,

dated November 7, 2008, pre-marked as Exhibit “J”;

h. Joint Affidavit in Support of Free Patent Application dated

August 29, 2008, pre-marked as Exhibit “K”;

i. Affidavit of “Hrs. Maximo Nacorda Rep. by Josefina

Gorgonio” dated August 29, 2008, pre-marked as Exhibit “L”;

j. Application for Free Patent, FPA No. 072217-167B, pre-

marked as Exhibit “M”;

k. Checklist, pre-marked as Exhibit “O”;

48. Q: After securing these documents from CENRO madam

witness, and going over the same, where you satisfied of the claim of
the defendants?

A: We were shocked. The documents submitted before the

CENRO were not enough to prove ownership of any parcel of land
much less 18436. The applicant, Hrs. of Maximo Nacorda rep. by
Josephine Gorgonio did not present sufficient proof of ownership
and possession over Lot 18436. As shown by Tax Declaration No.
102818 (Exhibit “I”) the applied lot is by bounded by Faustina
Nacorda on the North, by Perfecto Caballero on the South, by a Creek
on the East and by Matias Gabuya and Catalina Tabada on the East. I
am a residing in Lot 18436 since 2007 and I can assure you that Lot
18436 is not bounded by any creek.

I made further investigation, it would appear that Tax

Declaration No. 102818 (Exhibit “I”) is a transfer from Tax
Declaration No. 18320. I have here Tax Declaration No. 18320 and it
would appear that the declared owner therein is Alipio Nacorda, the

9
uncle of my mother. It would appear that there was no mode of
transfer from Tax Declaration No. 18320 to Tax Declaration No.
102818. In other words, Tax Declaration No. 102818 is a spurious
document.

What it more disturbing is that while Tax Declaration No. 18320

is only 6 hectares in area, Tax Declaration No. 102818 is a whopping
56-72 hectares.

49. Q: So in other words, the Community Environment and

Natural Resource Officce CENRO (Cebu City) should never have
approved Josephine Gorgonio’s application for free patent?

A. The CENRO should not have approved Josephine

Gorgonio’s application for free patent. Not only because the tax
declaration the was made as a proof of ownership is a spurious
document, neither Josephine Gorgonio nor Maximo Nacorda ever
possessed a single square inch of lot 18436.

50. Q: Prior to filing this case, have you ever met this Josephine
Gorgonio in person?

A: Yes.

51: Q: Where was this madam witness?

A: Before the Office of the Barangay Captain of Barangay

Basak-Pardo, Cebu City.

52. Q: What was the occasion why you met her at Office of the
Barangay Captain of Barangay Basak-Pardo, Cebu City?

A: It was because me and my mother went to the Lupon

Tagapamayapa of Barangay Basak-Pardo, Cebu City, before we filed
the instant case, we have to comply with the provisions of the law
regarding referral of the case before the Lupon Tagapamaya.

53. Q: So in other words, there Josephine Gorgonio personally

appeared before the Office of the Barangay Captain of Barangay
Basak-Pardo, Cebu City?

A: Yes.
54. Q: Was there a settlement reached between your mother and
Josephine Gorgonio?

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 A: None.

55. Q: Do you have evidence to prove that there was no settlement

reached between you and Josephine Gorgonio?

A: I have here the Certification to File Action dated June 29,

2010.

Atty. Dinopol: The witness presented to me a Certification to File

Action dated June 29, 2010, pre-marked as Exhibit “Q”;

56. Q: Do you know what is the assessed value of Lot 18436,

Madam Witness?

A: I have here Tax Declaration No. GRC6-11-075-00107, it says

here that the assessed value of Lot 18436 is P56,830.00.

Atty. Dinopol: The witness presented to me Tax Declaration No.

GRC6-11-075-00107 which was pre-marked as Exhibit “R”.

57. Q: Since Maximo Nacorda was never an owner of Lot 18436,

what is it that you seek from this Honorable Court?

A: Aside from the damages that my mother asked this

Honorable Court, I ask this Honorable Court to direct the defendants
to reconvey Lot 18436 to my mother, Paulina Nacorda and her
siblings namely Mariano Nacorda, Pablo Nacorda, and Gregorio
Nacorda.

In witness hereof, I hereby set my hands this ___ day of August

2013 in the City of Cebu, Philippines.

SUSAN BAUTISTA
Affiant

SUBSCRIBED AND SWORN to before me this ___ day of

August, 2013 in the City of Cebu, Philippines. I hereby certify that
the witness is answering the questions asked before her, fully
conscious that she does so under oath and that she may face criminal
liability for false testimony of perjury.

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Doc. No. ____
Page No. ___
Book No. ___
Series of 2013

Republic of the Philippines)

City of Cebu)S.S.
X - - - - - - - - - - - - - - - - -/

SWORN ATTESTATION

That I, Francis George F. Dinopol with office address at Room

402 G.K. Chua Building, Sancianco St., Cebu City, after having been
duly sworn to in accordance with law do hereby depose and say:

1. That I am the lawyer who conducted the examination of

Susan N. Bautista;

2. That I faithfully recorded or caused to be recorded the

questions I asked and the corresponding answers that the witness
gave;

3. That neither I nor any other person hen present or assisting

me coached the witness regarding the answers of the witness.

4. That I execute the affidavit to attest the truth of the foregoing

and for whatever purpose it may serve.

IN WITNESS WHEREOF, I have hereunto affixed my signature

this ___ day of August 2013 at Cebu City, Philippines.

FRANCIS GEORGE F. DINOPOL

Affiant

SUBSCRIBED AND SWORN to before me this ___ day of

August 2013, at Cebu City, affiant exhibited to me his Driver’s
License No. GO1-00-262953 as competent proof of identity.

Doc. No. ____

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Page No. ___
Book No. ___
Series of 2013

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