Republic of the Philippines

MUNICIPAL TRIAL COURT

11th Judicial Region
Manay, Davao Oriental

ROMULO M. ODUYAN, CIVIL CASE NO. ___________

Plaintiff,
FOR: UNLAWFUL DETAINER,
-versus- DAMAGES, and ATTORNEY’S
FEES
EVILLA ATUGAN,
Defendant.
x-------------------------------------------x

JUDICIAL AFFIDAVIT

I, ROMULO ODUYAN, of legal age, Filipino, married, and a resident

of Purok 29, Central, Manay, Davao Oriental, after having been sworn to in
accordance with law, hereby depose and say:

PRELIMINARY STATEMENT

The person interrogating me is ATTY. BENIGNO JR. B.

MASUNGCAD with office address at Dona Rosa Bldg., Madang, Mati City,
Davao Oriental . The interrogation is being held at the same address. I am
answering his questions fully conscious that I do so under oath and may
face criminal liability for false testimony and perjury.

QUESTIONS & ANSWERS

Q1: Mr. witness can you state your name, address and other personal
circumstances?
A1: I am ROMULO ODUYAN, of legal age, Filipino, married, and a
resident of Purok 29, Central, Manay, Davao Oriental.

Q2: How are you involved to this case?

A2: I am the Plaintiff in this case sir.

Q3: How did you become Plaintiff in this case?

A3: I am the true and lawful owner of the lot subject of this case
possessed by the Defendant, EVILLA ATUGAN.

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Q4: What evidence do you have to prove your ownership?
A4: I am the registered owner of the lot sir, and I have the Certificate of
Title in my possession.

Q5: I am showing you now this document, a Transfer Certificate of Title

(TCT) No. 143-2019000947 of Lot No. 2760-F-2, Plan No. PSD-11-
145722; Portion of Lot 2760-F, Psd-11-103943; located at Barangay
Central, Municipality of Manay, Province of Davao Oriental, Island of
Mindanao; registered in the name of ROMULO M. ODUYAN, married
to Lydia A. Oduyan, which I am marking as Exhibit “A”. Is this the
Certificate of Title you referred to?
(the witness personally examined the shown document)
A5: Yes sir. That is the exact Certificate of Title of my land.

Q6: What other document can you show to prove your ownership to such
property, if any?
A6: I have the Tax Declaration of the said lot under my name sir.

Q7: I am showing you now this document, Tax Declaration for Real
Property with TD No. 09-0001-04834, with an Owner named Romulo
M. Oduyan, which I am marking as Exhibit “B”. Is this the document
you referred to?
(the witness personally examined the shown document)
A7: Yes sir, this is the document.

Q8: How did you acquire said lot?

A8: I bought it from its previous owner, VIRGINITA DIUYAN NACARIO.

Q9: When did you buy it from her?

A9: First sir, I bought from her the portion she originally leased to me.
Said portion was One Hundred Thirty Six (136) square meters.
Eventually, she sold it to me and executed a DEED OF ABSOLUTE
SALE on January 11, 2018.

Q10: I am showing you now this document, a DEED OF ABSOLUTE SALE

executed by certain VIRGINITA D. NACARIO in favor of ROMULO M.
ODUYAN covering “a parcel of land being a portion of Lot No. 2760-
F, Psd-11-103943 located at Central, Manay, Davao Oriental.
Bounded on the North by property of Vidal Diuyan; on the East by
Road; on the South by remaining portion and on the West by property
of Reuben Veradio, containing an area of ONE HUNDRED THIRTY
SIX (136) SQUARE METERS, more or less” dated 11 th day of
January 2018 and notarized by Atty. Jose M. Lopez on the same date
under Doc. No. 351; Page No. 71; Book No. XVIII; Series of 2018,
which I am marking as Exhibit “C”. Is this the Deed of Sale you
referred to?
(the witness personally examined the shown document)
A10: Yes sir. That is the Deed of Sale.

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Q11: You said you bought a 136 sqm portion of the parcel of land of
Virginita D. Nacario. How come the your Certificate of Title covers
152 sqm of parcel of land?
A11: After the first Deed of Sale sir, Virginita D. Nacario sold again to me
another portion of the lot adjacent to the first lot I bought from her.
Said portion was Sixteen (16) square meters only. She also executed
a DEED OF SALE for that portion sir.

Q12: I am showing you now this document, a DEED OF ABSOLUTE SALE

executed by certain VIRGINITA D. NACARIO in favor of ROMULO M.
ODUYAN covering “a portion of the land known as Lot No. 2760-F,
Psd-11-103943 located at Central, Manay, Davao Oriental containing
an area of SIXTEEN SQUARE METERS (4 meters by 4 meters)
bounded on the North by Reuben Veradio, on the East by Road, on
the South by Reuben Veradio, and on the West by Vidal Diuyan”
dated 24th day of January 2018 and notarized by Atty. Jose M. Lopez
on the same date under Doc. No. 376; Page No. 76; Book No. XVIII;
Series of 2018, which I am marking as Exhibit “D”. Is this the Deed
of Sale you referred to?
(the witness personally examined the shown document)
A12: Yes sir. That is the second Deed of Sale.

Q13: You agree with me that by the execution of VIRGINITA D. NACARIO

of the Two (2) DEEDS OF SALE, one with 136 sqm and the other
with 16 sqm, you were able to acquire the total area of ONE
HUNDRED FIFTY TWO (152) square meter, more or less of the lot,
which you subsequently registered in your name?
A13: Yes sir. That is exactly correct sir.

Q14: Now, who is in possession of this lot covered by the TCT No. 143-
2019000947?
A14: I am presently occupying the 136 square meters sir. But the
remaining 16 square meter is occupied by Evilla Atugan.

Q15: Are you sure that the portion of the lot occupied by Evilla Atugan is
within the subject lot of this case covered by TCT No. 143-
2019000947?
A15: Yes sir. I am very sure sir because I have the survey of the subject lot
conducted by Engineer Enecio A. Magno, and the Subdivision Plan
Psd-11-145722 for Lot 2760-F, Psd-11-103943 was approved on May
9, 2019 by the DENR sir.

Q16: I am now showing you this document, SUBDIVISION PLAN OF

LAND of Lot 2760-F, Psd-11-103943 as surveyed for VIRGINITA D.
NACARIO situated in Central, Manay, Davao Oriental, Mindanao
containing an area of 232 SQ. M. which I am marking as Exhibit “E”.
Is this the survey of the lot subject of this case you referred to?
(the witness personally examined the shown document)

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A16: Yes sir. That is the correct sir.

Q17: In this document, there is area labeled as “Lot 2760-F-2; A=152

SQ.M.” comprising the larger portion of the whole area which I am
marking as Exhibit “E-1”. Is this the portion you referred to as your
property where you and the Defendant are now occupying?
(the witness personally examined the shown document)
A17: Yes sir. That is the exact area where we are now occupying side-by-
side.

Q18: Mr. witness, you said Evilla Atugan, the Defendant, is now occupying
the portion of the lot belonging to you. How did she arrived in that
area?
A18: We were both lessor of that portion of the lot sir. The same with me,
she also rented it from the previous owner, Virginita D. Nacario.

Q19: When you bought the said portion occupied by Evilla Atugan, does
she know that you already own it?
A19: Yes sir. In fact she was present during the survey of the lot.

Q20: She was present during the survey? What did she do then when she
saw you surveying the area, if any?
A20: Nothing sir. She never protested, prevented the survey, nor
presented any document, whatsoever to assert her right as owner of
the portion she was occupying if indeed there was.

Q21: Since you are already the owner of the lot subject of this case, how
come she is still in possession of the disputed portion of your lot?
A21: Actually sir, we have verbally asked her several times to vacate from
that property. But, she never listened to us. In fact, she would always
tell us that we can never make her leave from our property.

Q22: What then did you do to compel her to vacate the property, if any?
A22: We already referred the matter to the Barangay, but after several
meetings, she still refused to leave the property. That is why the
Office of the Lupong Tagapamayapa of Barangay Central, Manay
issued a Certificate to File Action on November 14, 2019.

Q23: I am now showing you this document, CERTIFICATION TO FILE

ACTION dated 14th Day of November 2019 docketed as Barangay
Case # 2019-063 for Land Conflict by Romulo Oduyan against Evilla
Atugan; attested by Nicholas O. De Mira as Lupon/Pangkat Chairman
with three (3) other members, which I am marking as Exhibit “F”. Is
this the Certification you referred to?
(the witness personally examined the shown document)
A23: Yes sir. That is correct.

Q24: What else did you do to compel her to leave the property, if any?

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A24: We also sent her a Demand Letter on November 26, 2019 ordering
her to vacate from our property and pay for Ten Thousand Pesos
(PhP.10,000.00) as monthly rental until she finally leave the subject
lot.

Q25: I am now showing you this letter addressed to “Ms. Evilla Atugan of
Purok 9, Central, Manay, Davao Oriental dated November 26, 2019
signed by Romulo Oduyan” which I am marking as Exhibit “G”. Is
this the Demand Letter you referred to?
(the witness personally examined the shown document)
A25: Yes, that is the demand letter we sent to Evilla Atugan sir.

Q26: How can you be sure that she actually received the aforementioned
demand?
A26: We were furnished with the report from the Postal Office that she
have received it on December 5, 2019 sir.

Q27: I am now showing you a copy of the Delivery Report from the Postal
Office which reflects the name “Evilla Atugan” written on the fifth row
from the bottom of the herein table, with signature on top of the said
name beside a remark “12-5-19” which appears to be a date; which I
am marking as Exhibit “H”. Is this the Report you referred to?
(the witness personally examined the shown document)
A27: Yes sir. This is the report sir.

Q28: What else did you do, if any?

A28: We sent her Final Demand to Vacate sir on January 9, 2020.

Q29: I am showing you now another document labeled as Final Demand

Letter from the office of Atty. James Ian A. Generale, which bears the
conformity of certain Romulo Oduyan through a signature above such
name; which I am marking as Exhibit “I”. Is this the letter you
referred to?
(the witness personally examined the shown document)
A29: Yes sir, that is the letter sir.

Q30: In your plea for the Defendant to surrender the possession of your
property to you, how did she take such plea? Can you describe to this
Honorable Court?
A30: As she continues her unjust enrichment using our property by illegally
possessing the land belonging to us, she showed malicious,
fraudulent and illegal actuations to us depriving us of what is rightfully
ours and for our family. She even threatens us to be evicted from our
own property which causes my family sleepless nights and wounded
feelings.

Q31: What do you want now to ask from this Honorable Court, if any?

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A31: I humbly ask this Honorable Court to a.) Ordering the Defendant, her
family, successors, assigns, and all persons acting under them, to
vacate the portion of the land covered by TCT No. 143-2019000947
they are occupying, and peacefully turn over the possession thereof
to us; b) Ordering the Defendant to pay monthly rental in the amount
of Ten Thousand Pesos (PhP 10,000.00) computed from the Formal
Demand dated November 26, 2019 until judgement of this case, by
way of actual damages; c) Ordering Defendant to pay the Moral
Damages she had caused to my family in the total amount of Twenty
Thousand Pesos (PhP 20,000.00); d) Ordering the Defendant to pay
Attorney’s Fees in the amount of Forty Thousand Pesos (PhP
40,000.00), and actual expense to appearance fees; and e) any other
reliefs and remedies just and equitable under the premises.

Q32: I have no further questions for now. Do you affirm the contents of this
judicial affidavits, which I am marking as Exhibit “J” and affix your
signature hereunder?
A32: Yes sir. I affirm.

ROMULO ODUYAN
Affiant

SUBSCRIBED AND SWORN to before me this ________________

at Mati City, Davao Oriental.

BENIGNO JR. B. MASUNGCAD

NOTARY PUBLIC
UNTIL DECEMBER 31, 2021
IBP No. 112380 – 01/24/2020
Doc. No. ______; PTR No. 0849816 – 01/10/2020, Mati City
Page No. ______; TIN NO. 928-498-918
Book No. ______; ROLL NO. 72298

Series of _____;

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 ATTESTATION

I, ATTY. BENIGNO JR. B. MASUNGCAD, with office address at

Madang, Mati City, Davao Oriental attest under oath as follows:

I personally conducted the interrogation of ROMULO ODUYAN, of

legal age, Filipino, married, and a resident of Purok 29, Central, Manay,
Davao Oriental, Plaintiff in the case for Unlawful Detainer against Evilla
Atugan;

I faithfully recorded the questions I asked of ROMULO ODUYAN and

the corresponding answers he gave me; and

Neither I nor any other person then present coached said ROMULO
ODUYAN regarding his answers.

BENIGNO JR. B. MASUNGCAD

Affiant
Driver’s License No. L02-05-005402
Expiry Date: 2023/11/12

SUBSCRIBED AND SWORN to before me this ________________

at ____________________. Affiant exhibiting to me his Integrated Bar of
the Philippines identification card with Roll No. 72298.

Doc. No. ______;

Page No. ______;
Book No. ______;

Series of _____;

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