Judicial Affidavit: First Judicial Region Regional Trial Court Branch - Urdaneta City, Pangasinan

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Republic of the Philippines

FIRST JUDICIAL REGION


REGIONAL TRIAL COURT
Branch ___
Urdaneta City, Pangasinan
-o0o-

MARIANO P. FLORES,
Plaintiff, Civil Case No. ______

-versus- For: Annulment of Title,


Documents, Reconveyance with a
ESTELITA DELIZO, and all Prayer for Writ of Preliminary
other persons claiming rights Injunction and Damages
under her,
Defendant.
x------------------------------------------x

JUDICIAL AFFIDAVIT
I. PRELIMINARY INFORMATION:
Name and other personal circumstances of the Witness

Name: TRINIDAD FONTANILLA


Address: Labit, Urdaneta City, Pangasinan
Status: SINGLE

Lawyer who conducted or supervised the examination of the witness:

Name: Atty. MONNA LISSA MONJE-VIRAY


Place of Examination: Public Attorney’s Office, Justice Hall, Anonas,
Urdaneta City, Pangasinan

II. OFFER

The testimony of the witness TRINIDAD FONTANILLA being given


through this Judicial Affidavit is offered to prove and substantiate the claim of
plaintiff Mariano Flores that he is in possession of the property located in Zone
3, Labit Proper, Urdaneta City and that she is the neighbor of Mariano Flores
who personally saw the cutting of trees and other plants inside the property by
Estelita Delizo and others.

III. JUDICIAL AFFIDAVIT PROPER

Question 1: Can you please state your personal circumstances?


Answer 1: I am Trinidad Fontanilla, 77 years old, single and a resident of
Labit Proper, Urdaneta City, Pangasinan;

Q2: Do you understand that you may be held liable for Perjury for any
false statements you may give in this Judicial Affidavit?
A2: Yes, ma’am.

Q3: Why are you here today?


A3: I am here to testify on the matters that I am the neighbor of Mariano
Flores and his predecessors-in-interest and that I saw Estelita Delizo and others
entered the property of Mariano Flores sometime during the community
lockdown;

Q4: When did you become neighbors with Mariano Flores?


A4: Since I was born, ma’am. I have been neighbors with his parents until
now.

Q5: How do you know Mariano Flores?


A5: He is the son of Herminigildo Flores ma’am;

Q6: You said that you knew Mariano Flores and his parents, correct?
A6: Yes, ma’am. His father, Herminigildo Flores is my second cousin and
we grew together in Labit Proper, Urdaneta City including his siblings;

Q7: You said that the property of Mariano Flores was entered by Estelita
Delizo and her companions sometime during the community lockdown, correct?
A7: Yes, ma’am. I was there and I was surprised that they cut down the
trees and burned all the plans therein. So I called my cousin including Mariano
Flores if he knew and he consented to such acts.

Q8: And what did Mariano Flores tell you, if any?


A8: He was shocked and angry and asked his relatives to report the
incident to the proper authorities.

Q9: What happened next, if any?


A9: I was informed that Estelita Delizo was claiming rights and
ownership over the property and that was the reason she entered the property;

Q10: Who informed you of such?


A10: It was Mariano Flores, ma’am.

Q11: What can you say about that?


A11: I have no idea, ma’am except that I know for a long time that it was
Mariano Flores and his predecessors who occupied the subject property since I
remembered.
Q12: As neighbor, what are your observations on the subject property?
A12: I often see Estelita Delizo or her relatives entering and cleaning the
property as if they really own it;

Q13: Do you have more to say?


A13: Nothing else, ma’am.

Affiant further sayeth naught.

IN WITNESS WHEREOF, I have hereunto affixed my name and


signature this 8th day of September 2020 at Urdaneta City, Pangasinan.

TRINIDAD FONTANILLA
Affiant
SC ID No. 2038

SUBSCRBED AND SWORN to before me this 8th day of September


2020 in Urdaneta City, Pangasinan. Affiant personally appeared before me and
signed the foregoing Judicial Affidavit before me and avowed under penalty of
law to the veracity of the contents of said instrument.
ATTESTATION CLAUSE

I, Atty. MONNA LISSA C. MONJE-VIRAY, of the Public Attorney’s


Office, Urdaneta District Office, Urdaneta City, Pangasinan, hereby attest
that:

1. I am the one who personally conducted the examination of


Trinidad Fontanilla;
3. I have faithfully recorded or caused to be recorded the
questions propounded to Trinidad Fontanilla and the corresponding
answers given by her;
4. I likewise certify that neither I nor any person then present
had coached the witness regarding her answers.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 8 th


day of September 2020 in Urdaneta City, Pangasinan.

Atty. MONNA LISSA C. MONJE-VIRAY


Affiant

SUBSCRBED AND SWORN to before me this 8th day of September


2020 in Urdaneta City, Pangasinan. Affiant personally appeared before me and
signed the foregoing Judicial Affidavit before me and avowed under penalty of
law to the veracity of the contents of said instrument.

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