Republic of the Philippines

REGIONAL TRIAL COURT OF MISAMIS ORIENTAL

Branch 38
10th JUDICIAL REGION
Cagayan de Oro City

FE A. LACRE, NORMA A. LOMIBAO, CIVIL CASE No.R-CDO-19-03365-CV

JUVY A. GABULE, JULIET A. MADRIAGA, For: JUDICIAL PARTITION OF REAL
ANITA D. ALEGARBES & ESPIRIDON ESTATE with COSTS AND ATTORNEY’s
ALEGARBES. JR. FEES

Plaintiffs,

-versus-

GINA A. ASPILLAGA, SUSAN A. PADERNA,

NELSON D. ALEGARBES, MAXIMO D. ALEGARBES,
MINVIE D. ALEGARBES

Defendants,

x--------------------------------/

JUDICIAL AFFIDAVIT OF JUVY A. GABULE

Offer of Testimony: The testimony of JUVY A. GABULE is being offered:

1. To manifest her desire to be dropped as one of the party-

plaintiffs, and instead, include her as party-defendants on
the ground that her position is contrary to the position of her
co-plaintiffs;

2. To prove that there were material facts concealed by the

plaintiffs especially on the issues of accounting of the
income;

3. To prove other matters in relation thereto.

PRELIMINARY STATEMENT

This Statement is taken by ATTY PHILIP NELSON F. CARPIO in his office at

MGCC LAW located at 2 nd Floor, Rego Building, 296 Agoho Drive, Zone 1,
Brgy. Carmen, Cagayan de Oro City. The questions are propounded in English,
a language understood by the affiant.

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 QUESTIONS AND ANSWERS

1. Q: Do you swear to tell the truth and nothing but the truth?
Answer: I do.

2. Q: Are you aware that you may face criminal liability for false testimony
or perjury if you will not tell the truth?
Answer: Yes, I am.

3. Q: Kindly state your name, address and other personal circumstances?

Answer: I am JUVY A. GABULE, of legal age, Filipino, and is presently
residing at Zone 6, Pulot Poblacion, Tagoloan, Misamis Oriental.

4. Q: Are you a co-plaintiff in Civil Case No. R-CDO-19-03365-CV?

Answer: Yes I am by being one of the co-heirs.

5. Q: Being a counsel for the defendants, why are you here on my Office?
Answer: I am here on your Office to recant my previous testimony dated
July 3, 2020 and consequently be dropped as a co-plaintiff; but instead, be
joined as a party-defendant.

6. Q: Are you aware of the subject properties involved on this case?

Answer: Yes. Being one of the heirs, I know the first parcel of land is
covered by TCT No. T-6252; and the other is also a land with improvements
thereon covered by Tax Declaration No. 08-14-0008-06167 left by our mother
Vicenta de la Rosa, all located in Tagoloan, Misamis Oriental. The former is in
Belayong, Sta Cruz Tagoloan while the latter is in Sta. Ana, Tagoloan gaining
income as a boarding house.

7. Q: Are you aware of the subdivision plan pertaining to the land covered
by TCT No. T-6252?
Answer: Yes, I am aware. It was even prepared by my sister, Engr. Gina A.
Aspillaga. It was made on 2013 where we already agreed on how to partition
the property by way of draw lots or raffle. Lot 191-A-11 with an area of 402
square meters was assigned to me. In fact, each and every co-heir proceeded
to make improvements of the lot assigned respectively to them.

8. Q: Are you aware of the status of the land with improvements thereon?
A: Yes, it is a boarding house earning income.

9. Q: Do you know the accumulated income of the boarding house?

Answer: As of September 24, 2019, the boarding house has an
accumulated income of One Hundred Seventeen Thousand Pesos.

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 10. Q: Now that you manifested your desire to be dropped as plaintiff and be
joined as a co-defendant, what can you say about the allegations of the
plaintiffs?
A: The allegations of the plaintiff that there is no partition is false. In fact,
there is already a subdivision plan agreed by all of the co-heirs.

11. Q: What is the reason for this change of stance?

A: I was tricked by my co-plaintiffs that there is unequal partition of the
properties. More so, I found out that the plaintiffs Fe A. Lacre and Norma A.
Lomibao surreptitiously opened an account at KATIPUNAN BANK-Tagoloan
Branch where they deposited all the income from the rents of the boarding
house.

12. Q: Are you executing this Judicial Affidavit freely and voluntarily?
A: Yes, I am

13. Q: Do you have anything more to say?

A: None.

AFFIANT FURTHER SAYETH NAUGHT.

IN WITNESS WHEREOF, I have hereunto set my hand this 24 th day of May 2022
at Cagayan de Oro City, Philippines.

JUVY ALEGARBES GABALE

Affiant

Jurat
SUBSCRIBED AND SWORN TO BEFORE ME this ______ day of _______ at
Cagayan de Oro City, Philippines. Affiant is personally known to me to be the same
person who executed this affidavit.

Doc. No. _____;

Page No. _____;
Book No. _____;
Series of 2022

Attestation

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 I HEREBY ATTEST that I have personally examined affiant, faithfully recording
the questions I asked and the corresponding answers that the affiant gave and hereby
further attest that I did not coach the witness or allowed any other person to coach the
witness regarding his answers. This affidavit is contained in four (4) pages including this
page where the attestation is written.

ATTY PHILLIP NELSON F. CARPIO

Affiant

SUBSCRIBED AND SWORN TO BEFORE ME on _________________________ at

Cagayan de Oro City, Philippines, by the above-named affiant who exhibited to me his
Integrated Bar of Philippines Identication Card with Roll # 62838 as his competent
evidence of identity.

Doc. No. _________;

Page No. ________;
Book No. ________;
Series of 2022.

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