Republic of the Philippines

MUNICIPAL TRIAL COURT

8th Judicial Region
Sta. Margarita, Samar

SPS BERNABE CELECIOUS &

FLORITA CELECIOUS,
Civil Case No. 218-21
Plaintiffs,
For : Ownership, Recovery
--versus-- of Possession and
Damages
SPS. BIENVINIDO & EDITA MIRA ,
CLAUDIO AMOLO & MA.LINDA
MANZANILLA,
Respondent/s.
x-------------------------------------x

JUDICIAL AFFIDAVIT OF JOSEPH ANTHONY G. BALTAZAR

I. PURPOSE/S OF THE JUDICIAL AFFIDAVIT/TESTIMONY

This Judicial Affidavit of witness is being offered in lieu of witness’

direct testimony pursuant to Administrative Matter No. 12-8-8-SC and to
prove that:

1. He is the duly authorized representative of the DPWH-

Calbayog City, Samar;

2. To prove that DPWH Samar 1st District, Calbayog City issued a

Certification;

3. He will prove that he conducted another survey to verify the

findings on the said Certification; and

4. He will identify exhibits and will testify on other related

matters.

II. PERSONAL CIRCUMSTANCES OF THE WITNESS AND

EXAMINING LAWYER

I, JOSEPH ANTHONY G. BALTAZAR having been sworn

to oath in accordance with law, hereby depose and state, THAT:
 1. I am a Filipino, of legal age married and presently working
as_________ at DPWH Samar 1st District, Calbayog Cityl

2. My examination as a witness in this case, ,was conducted

and taken under the supervision by Atty.
________________________ with office address at
________________________________________ City;

3. The questions asked of me are in English, a language known

to me and said lawyer;

4. I have honestly answered the questions propounded to me,

fully conscious that I do so under oath, and that I may face
criminal liability for false testimony or perjury.

III. QUESTIONS ASKED OF THE WITNESS AND HER

CORRESPONDING ANSWERS

1. Q. Do you swear to tell the truth and nothing but the truth in
this examination?

A: Yes.

2. Q. Please state your name, civil status, occupation, age and

address for the record.

A. I am JOSEPH ANTHONY G. BALTAZAR, of legal age,

married, ____________________ presently working
as_________ at DPWH Samar 1st District, Calbayog City.

3. Q. What is your purpose in executing this Judicial Affidavit?

A: My purpose in the execution of this Judicial Affidavit is to

prove that DPWH Samar 1st District, Calbayog City issued a
Certification sometime in April 5, 2017 that the houses of Ma.
Linda P. Manzanilla which is located along Maharlika
Highway, Brgy. Burabud. Sta. Margarita. Samar, is within the
Road-Right-of Way limit of our national highway, and the
house of Editha Mira is within the legal easement of the sea or
in the shoreline.

4. Q. Why did DPWH issue the said Certification?

 A. This was issued upon the request of, among others, of
Ma Linza P. Manzanilla and Editha Mira for the ocular
inspection of the location of their houses.

5. Do you have proof that the said Certification was issued by

DPWH Samar 1st District, Calbayog City?

A: Yes, I have here a certified copy of the said Certification,

including the Letter-request of the Respondents and attached
Straight Line Diagram, issued on April 5, 2017.

6. Q. You showed and handed to me a copy of the Certification

you described and the attachments. I will attach the same in this
Judicial Affidavit and mark as ANNEXES “___” and series .
Will you confirm said action?

A. Yes.

Lawyer’s Manifestation: The witness handed and

identified the Certification dated April 5, 2017, with the Letter-
request of the Respondents and attached Straight Line Diagram,
hereto attached, and marked as ANNEX ANNEXES “___” and
series .

7. Q. Do you still confirm that the said house of Ma. Linda P.

Manzanilla is within the Road-Right-of Way?

A: Yes.

8. Q. How were you able to confirm this?

A. Despite being the said Certificate was duly issued by our

Office, another verification was conducted on the are on
February 06, 2023 and confirmed that the house of Ma. Linda
Pinca Manzanilla is indeed within Road-Right-of Way.

9. Q. How about the location of the house of Editha Mira?

A. Her house is erected at and covered by the seashore or legal

easement of the Samar Sea.

10. Q. What else can you say?

A: None at the moment.

AFFIANT FURTHER SAYETH NAUGHT.

 IN WITNESS WHEREOF, I have hereunto set my hand this _____
day of ______, in Tacloban City, Philippines.

JOSEPH ANTHONY G. BALTAZAR

Affiant

SUBSCRIBED AND SWORN TO before me this _____ day of

________ in ____________ Philippines, affiant personally appeared before
me and exhibited to me her competent evidence of identity as indicated
above.

Doc No. _______;

Page No. ______;
Book No. ______
Series of 2023

IV. SWORN ATTESTATION OF THE LAWYER

I, ____________________________ Filipino, of legal age, single,

with business address at
__________________________________________ City, after having
been sworn to oath in accordance with law, hereby depose and state,
THAT:

1. I have faithfully recorded the questions I asked of and the

corresponding answers given by JOSEPH ANTHONY G.
BALTAZAR;

2. Neither I nor any other person then present or assisting him

coached JOSEPH ANTHONY G. BALTAZAR regarding
the latter’s answers.

IN WITNESS WHEREOF, I have hereunto affixed my signature

this ___ day of _______ in Tacloban City, Philippines.
 ___________________________________
IBP Leyte ID with Roll of Attorney’s No.
________

SUBSCRIBED AND SWORN TO before me this ___ day of 2023

in _____________, Philippines.

Doc. No. ______;

Page No. ______;
Book No. ______;
Series of 2023.