REPUBLIC OF THE PHILIPPINE)

PROVINCE OF PANGASINAN )S.S.

MUNICIPALITY OF ROSALES )

VERIFIED AFFIDAVIT OF MERIT

I, SALVADOR OBRA, of legal age, Filipino and a resident of Barangay Inoman,

Pozorrubio, Pangasinan, after having been duly sworn to in accordance with law, hereby
depose and say:

1. That I am the plaintiff in the case entitled Salvador Obra vs. Marites
Repolyo, et al., pending before the Regional Trial Court of Urdaneta City, Pangasinan;

2. That plaintiff is the owner of that parcel of land covered by T.C.T No.
210457, located Barangay Inoman, Pozorrubio, Pangasinan, having bought the same from
the Rural Bank of Pozorrubio sometime in September 30, 1998 as evidenced by a Deed
of Absolute Sale, and appeared in the Notarial Registry of Atty. Simplecio M. Sevilleja,
with Document No. 90; Page No.19; Book No.59; Series of 1998;

3. That sometime in late 1998, plaintiff mortgaged the said land to the mother
of defendant Marites Repolyo for the amount of P100,000.00 for five (5) years and in the
event that said mortgage is not redeemed, it is their understanding that they will negotiate
the price of the land and sell it to her, all the original documents were then surrendered by
the plaintiff to the mortgagee as assurance of the mortgage, albeit no Deed of Mortgage
was executed by the parties;

4. That the possession of the land was also surrendered to the mortgagee to till
and with understanding that the fruits or harvests shall serve as the interest of the loan;

5. That before the five (5) year period above mentioned expired, the mother of
the defendant died, so eventually it was defendant Marites Repolyo whom later on is the
one who transacted with the plaintiff with respect to the mortgaged property;

6. That sometime in early December 2002, the defendant Marites Repolyo

approached the plaintiff in order for him to sign a document and explained to him that the
said is merely an evidence of the mortgage and transfer the credit to her as heir of her
deceased mother;

7. That since the plaintiff trusted the defendant Marites Repolyo, he was
prevailed over by the latter and eventually signed the document;

8. That unknown to plaintiff and through fraud, machination and stealth,

defendant Marites Repolyo successfully made the plaintiff to sign a deed of sale, making
it appear that plaintiff sold the mortgaged land to her, contrary to the belief of plaintiff
that what he signed is a deed evidencing the mortgage;

9. That sometime in late December 2002, plaintiff was surprised to find out that
defendant Jonan Masaoy who is tilling the property and when plaintiff confronted him, he
declared that he had bought it from Marites Repolyo;

10. That when plaintiff tried to confront defendant Marites Repolyo about the
truth of what Jonan Masaoy told her, said defendant was already abroad;
 11. That plaintiff tried to redeem the mortgaged land from the defendant Jonan
Masaoy but the latter, however, demanded an exorbitant amount or more than double the
amount of the mortgage, which the plaintiff disagreed, and just waited for defendant
Marites Repolyo to come back in the country and just talk to her;

12. That plaintiff, on the otherhand, demanded from the defendant Jonan Masaoy
to cease and desist from cultivating said land and wait till the matter be cleared with
defendant Marites Repolyo, but despite plaintiff’s plea, defendant Jonan Masaoy
continued and still continues to take possession of the land to the damage and prejudice
of the plaintiff;

13. That plaintiff went to the Office of the Barangay Captain of Barangay
Inoman to settle the matter but defendant refused to appear or settle the matter and
arrogantly told plaintiff that they should only see each other court;

13. That recently the defendant Jonan Masaoy is selling the said property to a
third person despite the fact that plaintiff had already intimated his intention to redeem
the said land from defendant Marites Masaoy and from him;

14. That the act of the defendant Jonan Masaoy in peddling the plaintiffs
property while the matter is in litigation would necessarily work injustice to the plaintiff,
such that if the property will be passed to an innocent purchaser for value said mortgaged
property shall be beyond the redemption or reach of the plaintiff;

15. That the plaintiff is willing and ready to file a bond in such amount as may be
fixed to be reasonable under the circumstances to answer for all damages and cost the
defendant may sustain by reason of this injunction if it shall finally adjudged that herein
plaintiff is not entitled thereto;

16. That I am executing this affidavit to attest to the truth of the foregoing facts
for all legal intents and purposes and pursuant to Rule 58, Section 4.

IN WITNESS WHEREOF, we have hereunto set our hands this _______ th day of
October 2012 at Rosales, Pangasinan.

SALVADOR OBRA
Affiant

SUBSCRIBED AND SWORN to before me on the date and in the place first
above written.

Notary Public

Doc. No._______;
Page No. _______;
Book No._______;
Series of 2012.