REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

FOURTH JUDICIAL REGION
BATANGAS CITY

PATRICIA GUTIERREZ and heirs of

SANTIAGO GUTIERREZ represented by
ROSALINDA GUTIERREZ, VIRGILIOa
GUTIERREZ and APOLLO GUTIERREZ,
Plaintiff, CIVIL CASE NO. ___

- versus - - for -

PEDRO DELA CRUZ DECLARATION OF

Defendant. NULLITY OF DEED OF
SALE
x - - - - - - - - - - - - - - - - - - - - - - - - -- x

JUDICIAL AFFIDAVIT

OFFER OF TESTIMONY

The testimony of Patricia Gutierrez through her Judicial Affidavit is

being offered to prove that:

1. She and her late husband are the lawful owners and possessors
of the subject property;

2. She and the heirs of her late husband were unlawfully deprived
of possession of the subject property by the defendant through
fraud, misrepresentation and deceit;

3. Defendant executed Deed of Sale of the subject property in favor

of himself without their knowledge, much less their consent.
 4. Defendant have no rights or whatsoever over the subject
property; and

5. Defendant is liable to pay damages and attorney’s fees.

I, PATRICIA GUTIERREZ, is of legal age, Filipino, widow, with

residence and postal address at No. 24 SJIB Road, Balagtas, Batangas City,
after having been sworn to in accordance with the law hereby depose and
state that:

PREFATORY STATEMENT

That my Judicial Affidavit was taken and administered by Atty. Raffy

Rapido at his law office at 1st Floor, NDF Building, Barangay IV, Balagtas,
Batangas City.

I am answering the questions herein fully conscious that I do so under

oath and that I may be criminally liable for false testimony or perjury. I am
executing this affidavit in a question-and-answer form, and in English, a
language known to me.

Q1: Ms. Witness, do you have any property?

A1: Yes, sir. I have a property in Sitio Central, Balagtas, Batangas

City.

Q2: How did you acquire the property?

A2: My husband and I bought it during our marriage and we had it

registered to our name under Transfer Certificate Title No. T-
15611.

Q3: I am showing to you a Transfer Certificate Title No. T-15611, is

this the same title that you are referring to?

A3: Yes sir. (It is respectfully submitted that the Transfer Certificate
Title No. T-15611 be marked as Exhibit “A.”)
Q4: What happened to the title then?

A4: When I checked on the Register of Deed, I found out that the
property was sold to Pedro Dela Cruz and a Deed of Sale (Annex
“C”) was executed in favor of the defendant forged signatures
purporting to be ours

Q5: What happened next, if any?

A5: In seeing the Deed of Sale, I found out that it has my signature
on it as well as my husband’s which is absurd because I did not
sign the document.

Q6: How about your husband?

A6: It is not possible for him to put his signature in that document
because he passed away. He died on December 4, 2014 but the
Deed of Sale was executed on February 2, 2015.

Q7: What happened next, if any?

A7: I visited the property on the next day and I found out that it was
already enclosed by fences and that a permit for construction of
building was posted thereon.

Q8: What else did you notice in the Deed of Sale.

A8: I noticed that my children, Rosalinda and Virgilio signed their

names as witnesses.

Q8: Did you confront them?

A8: I did. However, they both denied knowledge on the sale despite
their signatures appearing thereon as witnesses.

Q9: What happened next, if any?

A9: I then asked our housekeeper, Valentina Santos, about the sale
and she disclosed that she accompanied Rosalinda and Virgilio
to the notary public to sign a document.
Q10: Do you have anything more to say?

A10: None, sir.

SUBSCRIBED AND SWORN to this 10th day of February 2023 at

Batangas City, Batangas.

PATRICIA GUTIERREZ
Affiant
TIN- 402-234-456

SUBSCRIBED AND SWORN to before me this 10th of February, 2023

in Balagtas, Batangas City, affiant exhibited to me his TIN ID bearing his
photograph and signature as competent evidence of his identity.

ATTY. RAFFY RAPIDO

Roll of Attorney No. 802018
IBP No. 185448, January 2, 2022
PTR No. 102694, January 6, 2022
MCLE Compliance No. VI 002095 January 28, 20222
Email: cocodalisay@gmail.com
Cellphone No. 0956-874-9007