Republic of the Philippines

National Capital Judicial Region

REGIONAL TRIAL COURT
CITY OF BIÑAN, LAGUNA

PATRICIA MAE DELOS REYES,

Plaintiff,
Civil Case No. ____________

-versus- For: Rescission of Sale with

Damages
.
WENCHESTER NEIL LUBIANO,
Defendant.
x––––––––––––––––––x

COMPLAINT
WITH
ENTRY OF APPEARANCE
(of the Plaintiff Patricia Mae Delos Reyes)

Plaintiff PATRICIA MAE DELOS REYES (hereinafter referred

to as “Plaintiff” / “Ms. Patricia”, for brevity), through the
undersigned counsel and unto this Honorable Court, respectfully
alleges and states that:

COMPLAINT

1. Plaintiff PATRICIA MAE DELOS REYES, is of legal

age, Filipino and a resident of Friendship Village, Brgy. Loma, Binan
Laguna.

2. Defendant WENCHESTER NEIL LUBIANO,

(hereinafter referred to as “Defendant” / “Mr. Lubiano, for brevity),
is single, of legal age, Filipino and a resident of HIMYM Village, Brgy.
Loma, Binan, Laguna.

3. Defendant is an owner of a parcel of land located in

Big Bang Village, Brgy. Loma, Binan, Laguna, under Transfer
Delos Reyes vs. Lubiano For Recission of sale with Damages
Complaint with Entry of Appearance

Certificate of Title Number (TCT. No. 1234), more particularly

described as follows:

“A parcel of land (Lot 2858-D-1-A, of the subd. plan,

Psd-04-149774, being a portion of Lot 2858-D-1, Psd-
04-112624, LRC Rec. No.), situated in the Brgy.
Loma, Mun. of Biñan, Prov. of Laguna. Bounded on
the SS., along line 1-2 by Lot 2858-D-1-B of the subd.
plan; on the SW, along line 2-3 by Lot 2699; on the
NW, along line 3-4 by Lot 2892, both of Biñan Estate;
and on the NE, along line 4-1 by Lot 2858-D-6(Road)
Psd-04-112624. Beginning at a pt. marked “1” on
plan, being N.09 deg. 58’ W., 789. 91m. from
MBMNo. 19, Biñan Estate; thence-S.55 deg. 18’ W.,
14.04m to pt. 2; N.29 deg. 05’W., 4. 78m. to pt. 3; N.42
deg. 49’E., 14. 70m. to pt. 4; S.29 deg. 05’ E.,7. 98m.
to pt. of beginning, containing an area of EIGHTY-
NINE (89) SQ. METERS. (OVER)”1 (hereinafter
referred to as the “Subject Property”, for brevity)

4. Sometime in 2020, Defendant approached the

Plaintiff for a loan (sangla), offering as a security the parcel of land
under TCT No. 1234. Plaintiff was not interested in a mortgage or
sangla, suggested that the defendant sell the property instead.

5. Defendant agreed to sell the property for One

Million Two Hundred Thousand Pesos (Php1,200,000.00) and
thereafter, immediately, the parties signed but left unnotarized the
Deed of Sale2 because the Defendant did not have the certificate of title
with him and could not give it to the Plaintiff.

6. On 13 January 2020, Plaintiff went to see the

Defendant in order to make her first payment in the amount of Seven
Hundred Thousand Pesos (Php700,000.00)3. Only then did the
Defendant tell her that the title was not with him because it was
mortgaged to a certain Christian Britanico for the amount of TWO
HUNDRED THOUSAND PESOS (Php200,000.00).

7. Defendant asked Plaintiff to give the amount of Five

Hundred Thousand Pesos (Php500,000.00) to him. He also asked her
to give the Two Hundred Thousand Pesos (Php200,000.00) to Mr.

1 Copies of Transfer Certificate of Title No. 1234 and Tax Declaration No. 5678 are herein marked and attached
as ANNEX “A” and ANNEX “A-1”, respectively.
2 A copy of Deed of Sale is herein marked and attached as ANNEX “B”.
3 A copy of the handwritten receipt is herein marked and attached as ANNEX “C”

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Delos Reyes vs. Lubiano For Recission of sale with Damages
Complaint with Entry of Appearance

Britanico, to which the Plaintiff complied. Despite this, the Defendant

would not give the title to the Plaintiff.

8. Two days later, Plaintiff waited for the Defendant to

give her the title but still to no avail since he claimed not to have it.
Already anxious, Plaintiff went to see the Defendant and only then did
he tell her that he did not want to sell the whole lot. Instead, he was
willing to sell only one half (1/2) thereof and deliver the title to the
Plaintiff, if the latter agrees.

9. In order to secure the title, Plaintiff agreed to the

proposal. Thus, Plaintiff signed the document4 prepared by
Defendant, assisted by Mr. Angelo Roque, which stated that the sale
was only for one-half (1/2) of the parcel of land under TCT No. 1234.

10. While Plaintiff originally agreed to buy the whole lot,

and so she cannot agree to only one-half thereof for the same price.
Firstly, the nature of the property is such that it would only be
beneficial to her and worth the price if taken as a whole. More
importantly, because of Defendant’s dishonest and deceptive manner,
Plaintiff became disinterested in the Subject Property aside from the
anxiety and long sleepless nights caused to her.

11. Thereafter, Plaintiff sent word to the Defendant that

she was no longer interested in the property and asked him instead to
consider the sale as of no effect, and just refund the amount of Seven
Hundred Thousand Pesos (Php700,000.00) already paid. However, all
these demands have fallen on deaf ears. Defendant chose to ignore her.

12. More than a year have elapsed but still, Plaintiff has
not heard any word from Defendant. Thus, she sought the help of the
Barangay which immediately constituted a Lupon and summoned the
Defendant for purposes of settling the dispute. Due to the failure to
reach an amicable settlement, the Lupon issued the Certification5
indorsing the dispute to the courts.

13. After securing the Certification, Plaintiff sought the

services of counsel, who on 19 March 2021, sent Defendant a letter6
informing him that Plaintiff is no longer interested in the sale and now
seeks its recission and refund the amount of Seven Hundred Thousand

4 A copy of the Handwritten Document is herein marked and attached as ANNEX “D”.
5
A copy of the Certification is herein marked and attached as ANNEX “E”.
6
A copy of the Demand Letter is herein marked and attached as ANNEX “F”.

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Pesos (Php700,000.00), plus legal interest from the date the Defendant
received the amount until actually returned.

14. As a result, this transaction has caused and is causing

the Plaintiff undue anxiety and sleepless nights which if translated into
its monetary terms should not be less than FIFTY THOUSAND PESOS
(Php50,000.00) for which she should be compensated by way of moral
damages.

15. In order to deter others from following as an example

what the Defendant did to the Plaintiff, he must be made to pay by
way of exemplary damages, the amount of FIFTY THOUSAND PESOS
(Php50,000.00).

16. Finally, the Plaintiff is constrained to litigate and

procure the services of a lawyer, thus she should be compensated the
amount of FIFTY THOUSAND PESOS (Php50,000.00), by way of
attorney’s fees and cost of litigation.

Number and Names of Witnesses and Abstracts of Their

Testimonies

Name of Witness Summary of Testimony

/ Length of
Testimony
1. Patricia Mae 1. To testify that the Defendant approached
Delos Reyes7 / her to obtain a loan offering as security a
Around parcel of land under TCT No. 1234 to which
30mins-1hr. she declined. Later, the former offered to sell
the Subject Property and the latter agreed to
purchase it for the amount of One Million
and Two Hundred Thousand Pesos
(Php1,200,000);

2. To testify that she and the Defendant

executed a Deed of Sale, wherein the latter
willfully and knowingly agreed to transfer
his ownership over the Subject Property to
the former in consideration of the stated
amount;

7
A copy of her Judicial Affidavit is herein marked and attached as ANNEX “G”.

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3. To testify that she initially paid the

Defendant the amount of Five Hundred
Thousand Pesos (Php 500,000.00);

4. To testify that Defendant then admitted to

her that the Subject Property is mortgaged
to a certain Christian Britanico. The former
asked the latter to give the amount of Two
Hundred Thousand Pesos (Php 200,000.00)
to Mr. Britanico;

5. To testify that despite partial payments, the

Defendant failed to furnish her a copy of the
title of the Subject Property;

6. To testify that the Defendant later on

confessed to her that he only wants to sell
one-half (1/2) portion of the Subject
Property, to which if the latter agrees he will
give her the title. Initially, the Plaintiff
agreed deciding that it was the only way she
could get hold of the title but later on
decided that the lot was not worth the price
and told the Defendant that she was no
longer interested in buying the property and
instead asked him to refund the amount of
Seven Hundred Thousand Pesos (P
700,000.00) that she paid, however, the
Defendant ignored her demands;

7. To identify documentary or other evidence

in relation to this case; and,

8. To testify on other facts and circumstances

pertinent to the case at hand.

Plaintiff further reserves the right to present additional

witnesses as the exigencies of the case may warrant.

Documentary Evidence

Plaintiff herein intends to present the following documents by

way of evidence to substantiate her claims:

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Delos Reyes vs. Lubiano For Recission of sale with Damages
Complaint with Entry of Appearance

1. Transfer Certificate of Title (TCT) No. 1234 – To prove

that the Defendant is the registered owner of the Subject Property.
(Reserved as Exhibit “A”).

2. Tax Declaration No. 5678 - To prove that the Defendant is

the registered owner of the Subject Property. (Reserved as Exhibit
“B”).

3. Deed of Sale dated 2017 – To prove that the Defendant

executed an absolute sale in favor of the Plaintiff with the intention of
transferring his ownership over the entire Subject Property. (Reserved
as Exhibit “C”).

4. Community Tax Certificate – To prove the identity and

signature of the Defendant (Reserved as Exhibit “D”).

5. Handwritten Acknowledgement receipt signed by the

parties dated 13 January 2020 – To prove that the Defendant received
Five Hundred Thousand Pesos (Php500,000) from the Plaintiff Spouses
Bing. (Reserved as Exhibit “E”).

6. The notation in the hand-written receipt dated 13

January 2020 for the amount of Two Hundred Thousand Pesos (Php
200,000.00) – To prove that the Plaintiff had paid the Two Hundred
Thousand Pesos (Php 200,000.00) as requested by the Defendant to Mr.
Britanico, and acknowledged the same in the hand-written receipt.
(Reserved as Exhibit “E-1”).

7. Handwritten document signed by the parties dated 17

January 2020– To prove that the Defendant enticed the Plaintiff to sign
the said document on the premise that the former will give the latter
the TCT suppose they sign such document. (Reserved as Exhibit “F”).

8. Certification issued by the Lupong Tagapayapa dated 7

March 2021 – to prove that there was no agreement reached between
the parties and the Barangay issued the Certification. (Reserved as
Exhibit “G”).

9. Letter sent by Atty. Gelina Perez to the Defendant dated

19 March 2021 – To prove that a Letter was sent to the Defendant
demanding the rescission of the sale and consequently, the refund of
the amount of Seven Hundred Ten Thousand Pesos (Php 710,000.00)

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paid, plus legal interest from the date the Defendant received the
amount until actually returned. (Reserved as Exhibit “H”).

10. Signature of the Defendant on the Demand Letter – to

prove that the Defendant personally received the Letter of Atty.
Gelina Perez dated 19 March 2021. (Reserved as Exhibit “H-1”).

11. The Plaintiff reserves the right to present additional

documentary evidence as the exigencies of the case may warrant.

ENTRY OF APPEARANCE

12. The undersigned counsel ODD SAKALAM, ATTORNEYS–

AT–LAW most respectfully enters its appearance as counsel for the
Plaintiff.

13. The above-named Law Firm requests that all copies of

pleadings, motions, orders and other office processes pertaining to the
said case be forwarded and served to the following office address:

ODD SAKALAM, ATTORNEYS-AT-LAW

Counsel forPlaintiff Patricia Mae Delos Reyes
13579 Don Manolo Blvd, Cupang, Muntinlupa,
1770 Manila
Tel. No. (+632) 8812 3456 / Fax (+632) 8812 3456

14. The said law firm hereby manifests its consent to be

likewise served with pleadings, motions, orders and other processes
pertaining to the above-entitled case by electronic mail, through the e-
mail address angeliesarahbjoson@gmail.com.

PRAYER

WHEREFORE, it is respectfully prayed that after hearing, the

Deed of Sale and/or agreement between the Plaintiff and the
Defendant BE RESCINDED and BE DECLARED of no legal effect
and an order BE ISSUED:

1. Ordering the Defendant to return to the Plaintiff

the amount of Seven Hundred Ten Thousand
Pesos (Php710,000.00), plus legal interest from
the date he received the same until returned;

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2. Further ordering the Defendant to pay the

Plaintiff the amount of Fifty Thousand Pesos
(Php50,000.00), by way of moral damages and
Fifty Thousand Pesos (Php50,000.00), by way of
exemplary damages; and,

3. Ordering the Defendant to pay the Plaintiff the

amount of Fifty Thousand Pesos (Php50,000.00),
by way of attorney’s fees and litigation
expenses.

Other reliefs just and equitable are likewise prayed for.

Respectfully submitted.

Muntinlupa City for Biñan City, Laguna. 27 March 2021.

ODD SAKALAM, ATTORNEYS-AT-LAW

Counsel for Plaintiff Patricia Mae Delos Reyes
13579 Don Manolo Blvd, Cupang, Muntinlupa,
1770 Metro Manila
Tel. No. (+632) 8812 3456 / Fax (+632) 8812 3456
By:

GELINA PEREZ
PTR. No. 2345678/6 January 2021/Muntinlupa City
IBP No. 234567/6 January 2021/PPLM
MCLE Compliance No. VI-0123456/08 August 2019
Roll of Attorneys No. 71234

Copy furnished:

WENCHESTER NEIL LUBIANO

Defendant Registry Receipt No. ________________
_________________________ Post Office
HIMYM Village, Barangay Loma,
Date: ______________________________
City of Biñan, Laguna

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Delos Reyes vs. Lubiano For Recission of sale with Damages
Complaint with Entry of Appearance

EXPLANATION

Due to constraints in time and distance, and lack of messengerial

personnel, wherewith the personal service of this Complaint with Entry
of Appearance had been rendered impracticable, the filing of the same
to this Honorable Court, and the copies of the same were served to the
above-named party, through their respective electronic mail (“e-mail”)
addresses, in lieu of personal service.

ATTY. GELINA PEREZ

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Delos Reyes vs. Lubiano For Recission of sale with Damages
Complaint with Entry of Appearance

ANNEX “A” - Transfer Certificate of Title No. T-1234

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Complaint with Entry of Appearance

ANNEX “A-1” – Tax Declaration of Real Property No. 5678

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Complaint with Entry of Appearance

ANNEX “B” – Deed of Absolute Sale

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Complaint with Entry of Appearance

ANNEX “C” – Handwritten Acknowledgment Receipt

dated January 13, 2020

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Complaint with Entry of Appearance

ANNEX “D” – Handwritten Document dated January 17, 2020

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Complaint with Entry of Appearance

ANNEX “E” - Certification to File Action issued by Lupon

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Complaint with Entry of Appearance

ANNEX “F” – Demand Letter

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Delos Reyes vs. Lubiano For Recission of sale with Damages
Complaint with Entry of Appearance

ANNEX “G” – Judicial Affidavit

Republic of the Philippines
Fourth Judicial Region
REGIONAL TRIAL COURT
CITY OF BIÑAN

PATRICIA DELOS REYES,

Plaintiffs,
Civil Case No. B-12345
-versus-
For: Rescission of Sale with
Damages
.
WINCHESTER NEIL LUBIANO,
Defendant.
x––––––––––––––––––x

JUDICIAL AFFIDAVIT
(of Plaintiff Patricia Delos Reyes)

I, PATRICIA DELOS REYES, of legal age, Filipino, and with

residential address at Friendship Village, Brgy. Loma, Biñan City,
Laguna, after having duly sworn in accordance with law, hereby
deposes and states, in question and answer form, which shall serve
and constitute as my direct testimony as a witness in the above-
captioned case:

Q: Ms. Witness, for the record, kindly state your full name
and personal circumstances.

A: I am Patricia Delos Reyes, of legal age, Filipino, and

with residential address at Friendship Village, Brgy.
Loma, Biñan City, Laguna.

Counsel: With the kind permission of this Honorable Court, we

are offering the testimony of the witness PATRICIA
DELOS REYES for the following purposes:

1. To establish that Defendant is the owner of the

property covered by Transfer Certificate of Title
(TCT) No. T-1234 (“subject property”);

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Delos Reyes vs. Lubiano For Recission of sale with Damages
Complaint with Entry of Appearance

2. To establish that the Defendant initially agreed to

sell her parcel of land covered by Transfer
Certificate of Title (TCT) No. T-1234 to the
plaintiff;

3. To establish that Plaintiff and Defendant had

executed a Deed of Sale for the parcel of land
covered by Transfer Certificate of Title (TCT) No.
T-1234;

4. To establish the fact that the Defendant was

dishonest with her dealings with Plaintiff, which
had caused Plaintiff so much anxiety and long
sleepless nights;

5. To establish that Plaintiff had taken steps to settle

with Defendant but the latter chose to ignore her
demands;

6. To present and identify evidence, and other

exhibits pertaining to the instant case; and

7. To testify on other matters material, pertinent and

relevant to the instant case.

Witness is assisted by counsel, Atty. Gelina B. Perez, an

Associate Lawyer of Odd Sakalam, Attorneys-At-Law, with office
address at 13579 Don Manolo Blvd, Cupang, Muntinlupa.

Witness is answering the questions, fully conscious and aware

that she does so under oath and that she may face criminal liability for
false testimony or perjury, if she is found to have lied or given false
statements.

1. Q: Please state your full name, personal circumstances and

address for the record.

A: I am Patricia Delos Reyes, of legal age, Filipino, with

residential address at Friendship Village, Barangay
Loma, Biñan City, Laguna.

2. Q: Why are you in this Court today?

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Delos Reyes vs. Lubiano For Recission of sale with Damages
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A: Because I filed a Complaint for Rescission of Sale with

Damages against the Defendant, Winchester Neil
Lubiano.

3. Q: How do you know the Defendant?

A: Winchester Neil Lubiano is the registered owner of the

lot covered by Transfer Certificate of Title (TCT) No.
T-1234, and we have bought this property from him.

4. Q: How do you know that this TCT No. T-1234 is owned by

Winchester Neil Lubiano?

A: I have with me a copy of the Transfer Certificate of

Title (TCT) No. T-1234 and the corresponding Tax
Declaration No. AC-5678, listing Winchester Neil
Lubiano as the registered owner thereof.

Counsel: Your Honor, the witness is showing a document entitled

Transfer Certificate of Title (TCT) No. T-1234 and the
Tax Declaration No. AC-5678. Upon confirmation with
the other counsel that the said copy is an original
document, it is respectfully requested before this
Honorable Court that the Transfer Certificate of Title be
marked as Petitioner’s Exhibit “A” and “A-1”,
respectively.

5. Q: You said earlier that you have bought this property from
Winchester Neil Lubiano. Do you have proof of this?

A: Yes. I have with me the Deed of Absolute Sale dated

2020.

Counsel: Your Honor, the witness is showing a document entitled

Deed of Absolute Sale dated 2020. Upon confirmation
with the other counsel that the said copy is an original
document, it is respectfully requested before this
Honorable Court that the Deed of Absolute Sale dated
2020 be marked as our Exhibit “C”.

6. Q: In the bottom portion of this document, there is a

signature atop the name Patricia Delos Reyes, whose
signature is this?

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A: That is my signature.

7. Q: In the bottom portion of this document, there is a

signature atop the name Winchester Neil Lubiano,
whose signature is this?

A: That is his signature.

8. Q: How do you know this Ms. Witness?

A: Because he signed this document in front of me (or

familiar with his signature).

9. Q: Going back to the sale of the property Ms. Witness, when

did you start transacting with Winchester Neil Lubiano?

A: Sometime in January 2020, Winchester approached me

asking for a loan with the subject property as collateral
thereof. However at that time, I was not interested in a
mortgage and suggested that he sell to me the subject
property instead.

10.Q: What was his response to this, if any?

A: Winchester Neil Lubiano agreed to sell the property to

me for One Million Two Hundred Thousand Pesos
(Php 1,200,000.00) and immediately, we signed a Deed
of Sale but left it unnotarized.

11.Q: You mentioned signing a Deed of Sale but leaving it

unnotarized, why was it left unnotarized?

A: Because at that time, Winchester Neil Lubiano did not

have the certificate of title with him and could not give
it to me.

12.Q: After the said sale, what else did you do, if any?

A: On 13 January 2020, I went to see Winchester Neil

Lubiano and made my first payment in the amount of
Five Hundred Thousand Pesos (PhP 500,000.00) to the
latter, while Two Hundred Thousand Pesos (PhP
200,000.00) to a certain Christian Britanico. I also asked
again that he give the title to me.

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13.Q: You mentioned paying the amount of Five Hundred

Thousand Pesos (PhP 500,000.00) to Winchester Neil
Lubiano. Do you have proof of this?

A: Yes. I have with me the copy of the hand-written

receipt for Five Hundred Thousand Pesos (PhP
500,000.00) signed by Winchester Neil Lubiano.

Counsel: Your Honor, the witness is showing a hand-written

receipt dated 13 January 2020 as partial payment for the
parcel of land TCT No. 1234 signed by Winchester Neil
Lubiano. Upon confirmation with the other counsel that
the said copy is an original document, it is respectfully
requested before this Honorable Court that the hand-
written receipt dated 13 January 2020 be marked as
Petitioner’s Exhibit “D”.

(ask for questions to authenticate document [See

questions 6-10])

14.Q: In the handwritten receipt dated 13 January 2020 that

you showed before this Honorable Court, there is a
notation for the amount of Two Hundred Thousand
Pesos (Php 200,000.00), what is this all about Ms.
Witness?

A: Winchester Neil Lubiano asked me to give the

remaining Two Hundred Thousand (Php 200,000.00) to
someone else, a certain Christian Britanico.

Counsel: Your Honor, the witness is showing the notation in the

hand-written receipt dated 13 January 2020 for the
amount of Two Hundred Thousand Pesos (Php
200,000.00). It is respectfully requested before this
Honorable Court that the notation in the hand-written
receipt dated 13 January 2020 for the amount of Two
Hundred Thousand Pesos (Php 200,000.00) be marked as
Plaintiff’s Exhibit “D-1”.

15.Q: Would you know the reason why the Defendant wanted
you to give PhP 200,000.00 to this Christian Britanico?

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A: Winchester Neil Lubiano told me that it was payment

for Christian Britanico since he had mortgaged the
subject property to the latter.

16.Q: After your payment of the total amount of Seven

Hundred Thousand Pesos (PhP 700,000.00) to the
Defendant and a certain Mr. Britanico, did you get the
original copy of the title of the subject property?

A: No.

17.Q Why is that Ms. Witness?

A: Winchester Neil Lubiano told me that it was in Mr.

Britanico’s possession.

18.Q: What did you do upon learning this?

A: I was surprised, of course. He had only mentioned this

to me now. I asked him to get the title from this
Christian Britanico immediately.

19.Q: What transpired next after your conversation with

Winchester, Ms. Witness?

A: After my payment of Two Hundred Thousand Pesos

(PhP 200,000.00) to Christian Britanico, Winchester
Lubiano still did not give me the title. I waited for him
to give it to me for two (2) days, but he still didn’t give
the title to me.

20.Q: What happened after you have waited for two (2) days,
Ms. Witness?

A: I was already getting anxious. The Seven Hundred

Thousand Pesos (Php 700,000.00) I had given the
Defendant and Mr. Britanico was no small amount. So
I went to see him again to ask for the title.

21.Q: Upon seeing the Defendant Ms. Witness, what happened

then?

A: I was surprised when suddenly, Winchester Neil

Lubiano informed me that he did not want to sell the
whole lot anymore. He was only willing to sell one half

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Complaint with Entry of Appearance

(1/2) of the property. If I would agree, he would give

the title to me.

22.Q: How did you respond to this Ms. Witness?

A: I was desperate at the time, because I had already paid

a substantial amount of money to Winchester Neil
Lubiano and was worried since I was only holding
onto an unnotarized deed of absolute sale. So I decided
that, just so I could get the title, I agreed to the proposal
and signed a document that Winchester Neil Lubiano
with the help of Mr. Angelo Roque.

23.Q: You mentioned a document prepared by Winchester

Lubiano with the help of Mr. Roque. What is this
document?

A: It is a document dated 17 January 2020 stating that the

sale executed by me and Winchester Neil Lubiano was
only a part of the lot covered by T-1234, and that there
were tenants in that portion being sold to me to which
their leases were to end sometime in May 2020. I have
it with me here.

Counsel: At this juncture Your Honor, the witness is showing a

hand-written document dated 17 January 2020. Upon
confirmation with the other counsel that the said copy is
an original document, it is respectfully requested before
this Honorable Court that the hand-written document be
marked as our Exhibit “E”.

(ask for questions to authenticate document [See

questions 6-10])

24.Q: What happened next after the meeting with the

Defendant, Ms. Witness?

A: I realized that I cannot agree to buying only a part of

the property for the same price.

25.Q: Why do you not agree in buying a part of the subject

property, Ms. Witness?

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A: I had agreed to the total price of One Million Two

Hundred Thousand Pesos (Php 1,200,000.00) for the
entire property.

When I agreed to buy the property, it was due to its

nature of the property, as I found it to be beneficial and
worth the price if taken as a whole.

26.Q: What did you feel Ms. Witness when this new
information was presented to you by the Defendant?

A: The dishonesty and the deceptive manner of

Winchester Neil Lubiano has turned me off and has
already caused so much anxiety and long sleepless
nights.

27.Q: What did you do next after such realization, if any?

A: I told Winchester Neil Lubiano that I was no longer

interested in the property and asked him to consider
the sale as of no effect instead. As for the amount of
SEVEN HUNDRED THOUSAND (Php 700,000.00)
PESOS I already paid, I asked him to just refund the
amount.

28.Q: Did he refund the Seven Hundred Thousand (Php

700,000.00)?

A: No. He ignored all of my demands.

29.Q: What did you do next after the Defendant ignored you,
if any?

A: I sought the help of the Barangay.

30.Q: What did the Barangay do, if any?

A: They immediately constituted a Lupong Tagapayapa

and summoned Winchester Neil Lubiano to a Barangay
hearing for the purpose of helping settle the dispute.

31.Q: Was this Barangay hearing successful?

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Delos Reyes vs. Lubiano For Recission of sale with Damages
Complaint with Entry of Appearance

A: No, because we did not reach an amicable settlement.

Winchester Neil Lubiano said that he can no longer
return the money since he is currently unemployed.

32.Q: What did the Lupon do next?

A: On 7 March 2021, the Lupon issued the certification

indorsing the dispute to the courts.

33.Q: Do you have proof of this certification?

A: Yes. I have with me the Certification issued by the

Lupong Tagapayapa dated 7 March 2021.

Counsel: Your Honor, at this juncture, the witness is showing a

Certification issued by the Lupong Tagapayapa dated
7 March 2021. Upon confirmation with the other counsel
that the said copy is an original document, tt is
respectfully requested before this Honorable Court that
the certification be marked as “Exhibit F”.

34.Q: After securing the certification from the Lupong

Tagapayapa, what did you do next, if any?

A: I sought the services of Atty. Gelina Perez, my former

counsel. On 19 March 2021, Atty. Perez sent Winchester
Neil Lubiano a demand letter informing him that I am
no longer interested in the sale and now seeks its
rescission and refund of the amount of Seven Hundred
Ten Thousand Pesos (Php 710,000.00), plus legal
interest from the date Lubiano received the amount
until actually returned.

35.Q: Do you have proof of this demand letter Ms. Witness?

A: Yes. I have with me the demand letter sent by Atty.

Gelina Perez date 19 March 2021, as well as the
handwritten acknowledgement receipt of Winchester
Neil Lubiano.

Counsel: At this juncture Your Honor, the witness is showing a

Letter sent by Atty. Gelina Perez to Chester Lubiano
dated 19 March 2021 and the Handwritten
Acknowledgement receipt of Winchester Neil
Lubiano. Upon confirmation with the other counsel that

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Delos Reyes vs. Lubiano For Recission of sale with Damages
Complaint with Entry of Appearance

the said copies are the original documents, it is

respectfully requested before this Honorable Court that
they be marked as Exhibit “G” and “G-1”, respectively.

(ask for questions to authenticate document [See

questions 6-10])

36.Q: Did he respond to the letter of Atty. Perez?

A: No, he never responded to the said demand letter.

37.Q: What did you do after his failure to respond to such

demand letter?

A: I filed this instant Complaint against the Defendant.

Counsel: That will be all for the witness, Your Honor.

I have executed this Judicial Affidavit to attest to the truth of the

foregoing and as part of my direct testimony in the above-captioned
case. I warrant that the photocopies of the exhibits attached to this
judicial affidavit are faithful reproductions of the original copies of the
original exhibits. The marked exhibits shall be submitted to the
Honorable Court upon termination of my presentation as a witness.

IN WITNESS WHEREOF, I have hereunto affixed my signature

this 27 March 2021 in the City of Muntinlupa.

Patricia Delos Reyes

Affiant

SUBSCRIBED AND SWORN to before me this 27 March 2021

in the City of Muntinlupa, the affiant Patricia Delos Reyes exhibiting
to me her competent evidence of identity in the form of Driver’s
License No. D01-2345-6789 expiring on 1 February 2022.

Doc. No. 123;

Page No. 2;
Book No. I;
Series of 2021.

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Delos Reyes vs. Lubiano For Recission of sale with Damages
Complaint with Entry of Appearance

Republic of The Philippines)

City of Muntinlupa ) S.S.

ATTESTATION

I, GELINA PEREZ, of legal age, Filipino, with office address at

13579 Don Manolo Blvd, Cupang, Muntinlupa, 1770 Metro Manila,
after having duly sworn in accordance with law, do hereby deposes
and states that:

1. I am an Associate Lawyer in the law firm of ODD

SAKALAM, Attorneys-at-Law, and the counsel for the Plaintiff
Patricia Delos Reyes.

2. I faithfully recorded the questions propounded upon the

witness Patricia Delos Reyes, and the answers she gave, translated the
questions in English and reduced the same into a Judicial Affidavit in
lieu of her direct testimony in relation to the case captioned as Patricia
Delos Reyes vs. Winchester Neil Lubiano filed before the Regional Trial
Court Branch, Biñan, Laguna.

3. Neither I nor any person present during this endeavour,

coached or influenced the witness regarding her answers.

4. I attest to the truth and veracity of the foregoing, for

whatever legal intents and purposes the same may serve.

IN WITNESS WHEREOF, I have hereunto affixed my signature

this 27 March 2021 in the City of Muntinlupa.

GELINA PEREZ
Affiant

SUBSCRIBED AND SWORN to before me this 27 March 2021

in the City of Muntinlupa, the affiant exhibiting to me her competent
evidence of identity in the form of Driver’s License, with number
N123-4567-89

Page 27 of 28
Delos Reyes vs. Lubiano For Recission of sale with Damages
Complaint with Entry of Appearance

Doc. No. 124;

Page No. 1;
Book No. I;
Series of 2021.

Page 28 of 28