Tomilap, Bhenz Bryle Nino M.

Atty. Elaine Bathan

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
WESTERN VISAYAS REGION
BRANCH 42

EMMA DELA PENA, JESUSA DELA PENA,

JOHNNY DELA PENA, JOHANNA DELA PENA,
Plaintiffs,
CRIMINAL CASE NO.
- versus – 98-10187
“TRESPASSING &
RECOVERY OF POSSESSION
JOSEPH REGALADO, W/ DAMAGES & INJUNCTION”
Defendant,
x --------------------------------------------------------------x

JUDICIAL AFFIDAVIT OF EMMA DELA PENA ET. AL.

We, Emma Dela Pena, Jesusa Dela Pena, Johnny Dela Pena, and Johanna
Dela Pena, of legal age, married and living in Brgy. Cansilayan, Murcia, Negros
Occidental, accuses Joseph Regalado, after having been duly sworn to in accordance
with law, hereby depose and state the following:

PRELIMINARY STATEMENT

That, in accordance with A.M. No. 12-8-8-SC, which prescribes the use of judicial
affidavits to serve as the direct examination testimony of the witness, on the basis of
which the adverse party may conduct their cross-examination on such a witness, we
hereby execute this judicial affidavit in a question-and-answer format.
 That conformably with section 3 (b) of the said A.M. No. 12-8-8-SC, we also state
that it was Pedro Delos Santos, investigator of the City Prosecutor’s Office of Murcia
who conducted the examination of the undersigned affiant;

That conformably also with section 3 (c) thereof, we hereby state under the pain
of perjury that in answering the questions asked of us, as appearing herein below, we
are fully conscious that we did so under oath, that we may face criminal liabilities for
false testimony or perjury;

AND UNDER OATH, AVERS THE FOLLOWING:

1. Q : What are the reasons why you voluntarily came to this Office?
A : In order to seek legal redress against his actions we would like to file a
complaint for trespassing with damages against Joseph Regalado.

2. Q : If that is the case, can you tell us all your knowledge/information about
the crime/s and other offenses he committed?
A : In May 17, 1994, without our knowledge and consent, a certain Joseph
Regalado entered, took possession of, and planted sugar cane on our properties
without paying rent to us. In the crop year 1995-1996, we discovered such illegal
entry, which prompted us to verbally demand Regalado to vacate the properties
but to no avail.

3. Q : Are you all the legal owners of the subject property?

A : Yes, we are Sir. We are the registered owners of the subject property: two
parcels of land with a total area of 44 hectares located in Murcia, Negros
Occidental. These properties are referred to as Lot Nos. 138-D and 138-S, and
are respectively covered by Transfer Certificates of Title No. T-103187 and T-
103189.

4. Q : For the meantime, I don’t have further questions, do you have any
statements to add or take away on this affidavit?
A : We don’t have sir for the meantime.

5. Q : Were you threatened, promised or bribed to do this confession?

A : No sir. We made it voluntarily with our own free will.

6. Q : Are you willing to sign this affidavit consisting of six (6) pages, to
certify that all the statements you made are true.
A : Yes sir.

---------END OF STATEMENT----------
 IN WITNESS WHEREOF, we hereunto set our hands below this 26th day of May
1994 at Murcia, Negros Occidental.

Emma Dela Pena Jesusa Dela Pena

Johnny Dela Pena Johanna Dela Pena

SUBSCRIBED AND SWORN TO before me this 25th day of May, 1994 at Murcia,
Negros Occidental. I HEREBY CERTIFY that I have personally examined the herein
offended parties and I am satisfied that they voluntarily executed and understood their
given affidavit.

ATTY. BHENZ BRYLE TOMILAP

Administering Officer

ATTESTATION

I, Pedro Delos Santos, investigator of Murcia Municipal Police Station, Murcia,

Negros Occidental, on my oath as the Investigator-on-Case (IOC), hereby depose and
states:

That I have personally conducted the foregoing examination to the complainant-

affiants Emma Dela Pena, Jesusa Dela Pena, Johnny Dela Pena, and Johanna Dela
Pena at Murcia Municipal Police Station, Murcia, Negros Occidental;

That I have faithfully recorded and translated into English language the questions
asked of him/her and the corresponding answers that he/she gave in response to the
questions asked;

Neither I nor any other person/s coached this witness-affiant regarding the
answers given by her.

IN WITNESS WHEREOF, I hereunto set my hand below this 25 th day of May,

1994 at Murcia, Negros Occidental.
 SUBSCRIBED AND SWORN TO before me this 25th day of May, 1994 at Murcia,
Negros Occidental. I HEREBY CERTIFY that I have personally examined the herein
offended parties and I am satisfied that they voluntarily executed and understood their
given affidavit.

ATTY. BHENZ BRYLE TOMILAP

Administering Officer