Republic of the Philippines

METROPOLITAN TRIAL COURT

National Capital Judicial Region

Quezon City

Branch 4

GENEVIVE GABION,

      Plaintiff,

            

-versus- CIVIL CASE No. Q-131991

   FOR: UNLAWFUL DETAINER

FELIPE DICEN,

    Defendant.

x-----------------------------------x

OFFER OF TESTIMONY:

JUDICIAL AFFIDAVIT

(Pursuant to SC A.M. No. 12-8-8-SC)

I, GENEVIVE GABION, of legal age, Filipino, single, and living

at #17 Zamora St Sta. Lucia Novaliches, Quezon City after having

been duly sworn to in accordance with law, hereby depose and state

that:
 OFFER OF TESTIMONY FOR THE JUDICIAL AFFIDAVIT OF

GENEVIVE GABION

The testimony of Ms. GENEVIVE GABION is being offered to

prove:

1. That she is the plaintiff in this instant complaint;

2. That she is the owner of a parcel of land subject in this instant

case;

3. That defendant was a relative and tenant in the subject

property;

4. That she will testify that defendant refused to vacate the subject

property owned by her;

5. That she sued defendant for ejectment for his refusal to vacate

the property yet the defendant continued his vehement refusal

to do so;

6. That she informed the defendant and demand the possession

of the subject property and despite doing so, defendant

adamantly continued to stay in the property;

7. That she will identify certain documentary annexes;

8. That she will also testify on other related and relevant matters.

The testimony of Ms. GENEVIVE GABION is also being offered

to identify documents and testify on such other matters relevant or

materials to the case.

PRELIMINARY STATEMENT

The person examining me is Atty. Josh Garcia with address at

Unit 2706 Vivaldi Residence Edsa Cubao, Quezon City on August 20,

2019 at 10:00 A.M., for purposes of this Judicial Affidavit. I am

answering the questions fully conscious that I do so under oath and

may face criminal liability for false testimony or perjury.

The copy of the Annex mentioned in this Judicial Affidavit is a

faithful reproduction of the original and I reserve the rights to present

the original/certified copy during the legal proceedings or as may be

required by the Honorable Court.

The questions asked of me and my corresponding answers are

consecutively numbered, as follows:

1. Q: Please state your name and other personal circumstances.

A: I am Genevive Gabion, of 28 years old, Filipino, single,

residing at #17 Zamora St Sta. Lucia Novaliches, Quezon City.

2. Q: Are you the same Genevive Gabion who is named as the

plaintiff in this case?

A: Yes sir.

3. Q: Do you know defendant Felipe Dicen?

A: Yes. He’s my cousin. He is solely residing in my property in

SSS Village, San Isidro Bacon, Sorsogon, Sorsogon City.

4. Q: What particular property is he presently occupying right

now?

A: He is presently occupying my lot in SSS Village. I have here

a copy of Lot Title appended as Annex “A”.

5. Q: How did you acquire the subject property?

A: I acquired the lot through a deed of sale from Spouses

Villanueva. I have here the copy of Deed of Sale appended as

Annex “B”.

6. How did the defendant able to occupy your subject property?

A: Sometime in April, 2016, I allowed the defendant to reside in

the said property subject for a condition that he will take care

and oversee the property until such time that I have sufficient

resources for the construction of the house. After such

agreement, the defendant built a residential house made of

lawanit and nipa.

7. Q: What did you do upon the happening of the condition?

A: On December 3, 2018, I visited and informed the defendant

that he must vacate my property because the construction will

start next year and he asked for a period of 2 months for the

dismantling of the house. I came back on Feb 15, 2019 to hand

 over the demand letter appended as Annex “C” and check if

the property was already teared down, however the defendant

failed to vacate said premises.

8. Q: What did you do after defendant’s failure to voluntarily

vacate the occupied property?

A: I exerted efforts for a possible settlement and/or

reconciliation by seeking the intervention of Barangay officials,

unfortunately all efforts to amicably settle his spite were in vein.

9. Q: What is your proof that you have already notified the

defendant about the ejectment?

A: I have here copy of affidavit for witness which is Annex “C”

deposing the date of visit and notice and a copy of the

certification issued by Barangay Secretary Levy Teodarao

dated February 27, 2019 is hereto appended as Annex “D”.

10. Q: What was the action of defendant after the notice to vacate?

A: None. The defendant refused to vacate and surrender

possession of my property.

11. Q: What step did you take after the refusal of the defendant to

vacate the subject property despite demand?

 A: I filed this action against the defendant in this case for

Unlawful Detainer before the MTC Quezon City.

12. Q: In your complaint you are asking for rental for the use and

occupation of the defendant in this case, how much is your claim

for said rentals?

A: I would like to charge the defendant amounting to P5, 000.00

equivalent to my monthly interest until the possession of the

subject property is turned over by the defendant and travel

expenses from Manila to Bicol.

13. Q: Finally, do you know why you are executing foregoing sworn

statement in this case?

A: Yes. I am executing this sworn statement to be adapted as

my direct examination in this case to prove my causes of action

for unlawful detainer against the defendant in the above entitled

case, and this Judicial Affidavit is appended as Annex –“E”.

IN WITNESS WHEREOF, I hereby affixed my signature this 20 th

day of August 2019, in the Quezon City.

GENEVIVE GABION

Affiant
SUBSCRIBED AND SWORN to before me this _______ day of
_______________, 2019, in ____________________, affiant
exhibiting to me her competent evidence of identity consisting of her
_________ bearing No. ________ issued by the
______________________ on _________________.

ATTY: RAYMUNDO MACASPAC

Notary Public valid until Dec 31, 2021
PTPR No. 8145974 C/4-8-2019 Q.C
IBP No. 0335566; ROLL No. 03270688
MCLE Compliance No. 123/10/21/2020
TIN No. 310-352-022

Doc. No. _____;

Page No. _____;
Book No. _____;
Series of 2019

ATTESTATION

I hereby attest that on this 20 th day of August 2019, I have

personally examined the plaintiff GENEVIVE GABION; and that I
have faithfully recorded or caused to be recorded the questions
asked and the corresponding answers thereto made by her. I further
attest that neither I nor any other person herein present, or assisting
me, never coached GENEVIVE GABION regarding her answers.
Quezon City. August 20, 2019.

JOSH GARCIA
Lawyer- affiant
Counsel for Plaintiffs
2706 Vivaldi Residence Edsa, QC
Contact No. 433-4731
ROLL No. 03270688
P.T.R. NO. A-07100715-1/3-8-2019 Q.C
SUBSCRIBED AND SWORN to before me this _______ day of
_______________, 2019, in ____________________, affiant
exhibiting to me her competent evidence of identity consisting of her
_________ bearing No. ________ issued by the
______________________ on _________________.

ATTY: RAYMUNDO MACASPAC

Notary Public valid until Dec 31, 2021
PTPR No. 8145974 C/4-8-2019 Q.C
IBP No. 0335566; ROLL No. 03270688
MCLE Compliance No. 123/10/21/2020
TIN No. 310-352-022

Doc. No. _____;

Page No. _____;
Book No. _____;
Series of 2019