REPUBLIC OF THE PHILIPPINES

NATIONAL JUDICIAL CAPITAL REGION

METROPOLITAN TRIAL COURT
BRANCH 3, MANILA CITY

NEW SAN JOSE BUILDERS,

INC.,
Plaintiff, Civil Case No. M-MNL-17-
03462-SC
For: Ejectment, with
Application for Issuance of
-versus- Writ of Preliminary
Mandatory Injunction

MA. LUNIFLOR B. JAUCIAN,

Defendant.
x----------------------------------------x

JUDICIAL AFFIDAVIT

PRELIMINARY

Atty. Jason C. Esperante, counsel for the plaintiff, conducted

and supervised the examination of the witness in his office located at
2nd Floor, Victoria Towers, 79 Panay Avenue cor.Timog Avenue,
Brgy. Paligsahan, Quezon City. He faithfully recorded or caused to be
recorded the questions propounded to the witness, as well as his
corresponding answers thereto. That neither he, nor any other person
then present or assisting him, coached the witness regarding the
latter’s answers.

The questions were propounded in English which the witness

fully understood and who also answered in English/ Filipino. The
witness is fully conscious and aware that he is under oath and that he
will face criminal liability for false testimony or perjury if he is not
honest and truthful to his answers. He confirms that all of the
documentary exhibits attached to this statement are authentic and
original or otherwise faithful reproductions thereof.

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 OFFER OF TESTIMONY

The testimony of MR. RICKY U. SOPRANES is being offered to

prove the following:

1. That the plaintiff New San Jose Builders Inc., is the developer
and registered owner of condominium unit 07-701 of
Residencias De Manila, a condominium project located at
Jesus Street, Pandacan Manila;
2. That the defendant is a buyer of condominium unit 07-701 who
is currently occupying the same;
3. That the defendant’s condominium unit has been duly cancelled
due to default in payment;
4. That New San Jose Builders Inc. sent a Notice of Cancellation
with Demand to Vacate dated 26 January 2017 which was
received personally by the defendant on 15 February 2017;
5. That the defendant refuses, and continuous to refuse, without
valid and legal ground, to vacate condominium unit 07-701;
6. That due to the illegal acts of the defendant, NSJBI suffered,
and continuous to suffer, serious damage and irreparable injury
which entitles the latter for the issuance of a writ of preliminary
mandatory injunction;
7. That NSJBI is willing to post a bond to answer for any damage
that the said writ may cause should it be later found that NSJBI
is not entitled to its issuance;
8. That NSJBI is entitled to its prayer to have the defendant
evicted from condominium unit 07-701;
9. That NSJBI is entitled to payments of reasonable rentals and
attorneys fees as prayed for;
10. To identify the documents submitted to support the allegations
of the Complaint and the Application for Preliminary Mandatory
Injunction.

TESTIMONY

I, Ricky U. Sopranes, of legal age, Filipino, with office address

nd
at 2 Floor, Victoria Towers, 79 Panay Avenue cor.Timog Avenue,
Brgy. Paligsahan, Quezon City, after having been sworn to in
accordance with law, depose and state that:

1. Q: Mr. Witness, what is your current occupation?

A: Ako po ay isang Senior Account Specialist of New San Jose
Builders, Inc., NSJBI, for short.

2. Q: Who is New San Jose Builders, Inc. or NSJBI?

A: NSJBI is a domestic corporation engaged in the business of
construction and real estate development with principal address at

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 2nd Floor, Victoria Towers, 79 Panay Avenue cor.Timog Avenue,
Brgy. Paligsahan, Quezon City.

3. Q: What is the connection of NSJBI to this case?

A: NSJBI po ang nagsampa ng kasong ito.

4. Q: You said that NSJBI is a domestic corporation, who filed this

complaint for NSJBI?
A: The president of NSJBI, Engr. Cesar Sanqui, Jr. po.

5. Q: How do you know that it was Mr. Sanqui who filed this case
for NSJBI?
A: Siya po ang pumirma sa Verification and Certification of Non-
Forum Shopping sa Complaint.

6. Q: I am showing to you a copy of the Complaint with a

document entitled Verification and Certification of Non-
Forum Shopping in the last page, could you go over the same
and tell this Honorable Court if this is the same document you
mentioned?
A: It is the same document.

7. Q: There is a signature appearing on the lower right portion of

the document, whose signature is this?
A: Pirma po ni Mr. Sanqui.

8. Q: How do you know that?

A: I am very familiar with his signature kasi siya po ang signatory
sa halos lahat ng documents ng NSJBI.

Atty. Esperante: May I request your Honor that the Complaint be

marked as Exhibit “A” and the Verification and Certification
Against Forum Shopping therein be marked as Exhibit “A-1”,
and the signature appearing on top of, and the name of, “Cesar
Sanqui, Jr.” in Exhibit “A-1” be bracketed and sub-marked as
Exhibit “A-2”.

9. Q: Now, what is the authority of Mr. Sanqui, to file this case for
and in behalf of NSJBI?
A: There is a Board Resolution certified by the Corporate
Secretary authorizing Mr. Sanqui na mag file o magsampa ng
lahat ng kaso para sa NSJBI.

10. Q. I am showing to you a document entitled Secretary’s

Certificate, could you go over the same and tell this Honorable
Court if this is the same document you mentioned?
A: It is the same document.

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11. Q: There is signature appearing on the lower right portion of
the document, whose signature is this?
A: Yan po ay pirma ni Atty. Ludovino Joseph Augusto L. Tobias,
the Corporate Secretary of NSJBI.

12. Q. How do you know that that is his signature?

A: I am very familiar with his signature kasi siya po ang signatory
sa lahat ng certifications regarding resolutions passed and
approved by the Board of Directors of NSJBI.

Atty. Esperante: May I request your Honor that the Secretary’s

Certificate be marked as Exhibit “B”.

13. Q. Now, what is your proof that NSJBI is a duly organized

corporation?
A. Ang NSJBI po ay naisyuhan ng Securities and Exchange
Commission ng Certificate of Registration on 28 October 2015.

14. Q. I am showing to you a document entitled Certificate of

Registration could you go over the same and tell this Honorable
Court if this is the same document you mentioned?
A: It is the same document.

Atty. Esperante: May I request your Honor that the Certificate of

Registration be marked as Exhibit “C”.

15. Q: Now, you said that you are a Senior Account Specialist of
NSJBI. As such, what are your duties and responsibilities?
A: My duties include, among other things, magmomonitor po ako
ng mga accounts of buyers of condominium units of NSJBI.
Kasama na po dito ang maghanda at magpadala ng mga notices
to pay the unit’s monthly amortizations.

16. Q: How long have you been employed by NSJBI?

A: I have been with NSJBI since August 2005.

17. Q. Now, what is this case all about?

A. This is an ejectment case po laban sa defendant na si Ma.
Luniflor B. Jaucian sa unit Unit 7-A1 Bldg.7 of Residencias De
Manila, isang condominium project ng NSJBI.

18. Q. Where is this Residencias De Manila located.

A. It is located in Jesus Street, Pandacan Manila.

19. Q: Why did NSJBI filed this case?

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A: NSJBI filed this case because the defendant refuses to vacate
without valid cause the said condominium unit owned by NSJBI
after failure to make payments.

20. Q: What is your proof that NSJBI is the owner of Unit 7-A1
Bldg.7?
A: Ang Certificate of Title ng condominium unit ay nakaisyu at
nakapangalan kay NSJBI po.

21. Q: I am showing to you a document entitled Condominium

Certificate of Title 57601, could you go over the same and tell
this Honorable Court if this is the same document you mentioned?
A: It is the same document.

Atty. Esperante: May I request your Honor that Condominium

Certificate of Title 57601 be marked as Exhibit “D”.

22. Q. Now, what is your proof that defendant failed to pay for the
said condominium unit?
A. The Statement of Account shows that defendant only paid the
Reservation Fee of Five Thousand Pesos (PhP5,000.00) and
Down payment of Ninety Six Thousand Four Hundred Ninety
Pesos (Php96,490.00) or a total of One Hundred One Thousand
Six Hundred Forty Pesos (PhP101,640.00). After paying only the
Reservation Fee and initial payment, the defendant failed and/or
refused to pay the succeeding monthly installments since 2011 up
to now.

23. Q: I am showing to you a document entitled Statement of

Account, could you go over the same and tell this Honorable
Court if this is the same document you mentioned?
A: It is the same document.

Atty. Esperante: May I request your Honor that the Statement of

Account be marked as Exhibit “E”.

24. Q. After that, what did NSJBI do, if any?

A. Ang NSJBI po ay naningil at nagpadala ng demands to pay and
vacate pero ayaw pa din umalis at magbayad ng defendant.

25. Q. What did NSJBI do next, if any?

A. NSJBI sent the defendant a Notice of Cancellation and Demand
to Vacate on 26 January 2017.

26. Q: I am showing to you a document entitled Notice of

Cancellation with Demand to Vacate dated 26 January 2017
could you go over the same and tell this Honorable Court if this is
the same document you mentioned?

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A: It is the same document.

27. Q: What is your proof that this was received by the defendant?
A: The server, Mr. Roberto Ruelo, executed an Affidavit of Service
with attached Registry Receipt, that it was received personally by
the defendant on 15 February 2017.

28. Q: I am showing to you documents entitled Affidavit of

Service with attached Registry Receipt could you go over the
same and tell this Honorable Court if this is the same document
you mentioned?
A: They are the same documents.

Atty. Esperante: May I request your Honor that the Notice of

Cancellation with Demand to Vacate dated 26 January 2017
Exhibit “F” and the Affidavit of Service with attached Registry
Receipt be sub-marked as Exhibit “F-1” and “F-2”.

29. Q: After receiving the said Notice, what did the defendant do, if
any?
A: The defendant still refuses to vacate the condominium unit and
pay his monthly amortizations.

30. Q: How much is the outstanding and past due obligations over
the condominium unit of the defendant?
A: Based on the Statement of Account, the defendant’s
outstanding and past due amortizations over the condominium unit
is PhP3,207,876.03.

31. Q: I am showing to you a document entitled Statement of

Account could you go over the same and tell this Honorable Court
if this is the same document you mentioned?
A: They are the same documents.

Atty. Esperante: May I request your Honor that the Statement of

Account be marked as Exhibit “G”.

32. Q: Now, what is the effect of this continuous refusal to vacate

and pay the condominium unit by the defendant to NSJBI?
A. A: The effects are serious damage and irreparable injury to
NSBJI beyond monetary compensation. It is damaging to the
business reputation and goodwill of NSJBI being a premier realty
developer kasi po pinapakita ng defendant sa lahat na kaya niya
ilegal na umukupa sa unit nang hindi nagbabayad. Nasisira po ang
reputation and credibility ng NSJBI kasi po papamarisan o
gagayahin ng ibang buyer na sabihin nila puwede pala ang
ginagawa ng defendant. Hindi po tama sa ibang buyer na

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 nagbabayad ng tama samantalang and defendant po ay hindi
nagbabayad pero patuloy na nakatira sa unit.

33. Q: What do you want this Court to do?

A. Ma isyuhan po ng writ of preliminary mandatory injunction
ang defendant habang dinidinig ang kaso dahil kailangan po na
mapiligilan ng Hukumang ito ang ginagawa po na illegal at pang-
gigipit ng defendant na nagdudulot at patuloy na nagdudulot ng
matinding pagkasira at inhustisya sa NSJBI kung hindi po
mapaalis sa condominium unit ang defendant.

34. Q: What is the commitment of NSJBI before this Honorable

Court will issue a writ of preliminary mandatory injunction?
A. Ang NSJBI po ay handang mag post ng bond para pambayad
sa damage kun sakali mapatunayan na hindi po ito entitled sa writ
of preliminary mandatory injunction.

THAT WOULD BE ALL, THANK YOU.

IN WITNESS WHEREOF, I have hereunto affixed my signature

this___day of __________, 2017 at __________City.

______________________
RICKY U. SOPRANES
Affiant

SUBSCRIBED AND SWORN to before me this ____ day of

_______ 2017 at _________ City, affiant exhibiting to me his
________________________________________as competent proof
of identity, and known to me and to me known personally to be the
same person who executed the foregoing affidavit.

Doc. No. ___;

Page No. ___;
Book No. ___;
Series of 2017.

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 LAWYER’S ATTESTATION

I, ATTY. JASON C. ESPERANTE, of legal age, Filipino, with

office address at 2nd Floor, Victoria Towers, 79 Panay Avenue
cor.Timog Avenue, Brgy. Paligsahan, Quezon City, after having been
duly sworn in accordance with law, attest that:

1. This Judicial Affidavit is executed under the

Judicial Affidavit Rule (A.M. No. 12-8-8-SC) in connection
to the case entitled New San Jose Builders, Inc. vs.
Luniflor B. Jaucian docketed as Civil Case No. M-MNL-
17-03462-SC, pending before the MTC Branch 3, Manila
City;

2. I conducted or supervised the examination of

the witness, Mr. Ricky U. Sopranes, which was held at
Quezon City;

3. I faithfully recorded or caused to be recorded

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

4. Neither I nor any other person then present or

assisting me coached the witness regarding the latter’s
answers.

IN WITNESS WHEREOF, I hereby execute this affidavit this

___ day of __________ 2017 at _________ City.

______________________
Atty. Jason C. Esperante

SUBSCRIBED AND SWORN to before me this ____ day of

__________ 2017 in _________City, affiant having exhibited to me
_______________________________________as competent proof
of identity.

Doc. No. ___;

Page No. ___;
Book No. ___;
Series of 2017.