Republic of the Philippines

National Capital Judicial Regional

Regional Trial Court, Branch 39
Manila City

SHIRLEY ROSALES CABALU et al.,

Petitioners, Civil Case No. 1201-127245

- versus –

JANET R. ENCARNACION
Respondent
X - - - - - - - - - - - - - - - - - - - ---x

OFFER OF TESTIMONY

The testimony of JEANETTE R. ENCARNACION is being offered to prove the

following facts:

a. That she is the daughter of the late Beatriz Rosales Encarnacion, whose
mother, was the late Asuncion L. Rosales whose house was razed by fire.
b. That the late Beatriz R. Encarnacion, mother of Respondent, built another
house out of her own funds.
c. That the late Zenaida Rosales was a resident of Daang Hari St., Tanyag,
Taguig as shown in the Birth Certificate of her daughter, Eleanor Rissa L.
Rosales, and stayed with Respondent only a few months prior to her death. A
“sensu contrario” Petitioners claim that Zenaida Rosales died intestate leaving
no child is belied by her daughters Birth Certificate.
d. That the Land where Respondents house stands is declared for taxation
purposes in Respondents name.

JUDICIAL AFFIDAVIT

of JEANETTE R. ENCARNACION, of legal age, Filipino, with postal address at 1327

Interior Bugallon St., under oath, depose and say: That I am testifying fully conscious
and aware that I will be criminally liable for false testimony and/or perjury. This will
serve as my direct testimony.

1. That Atty. I. Michael Mc. Cabugoy Jr. propounded questions upon me

at his office relative to this case for which I made answers thereto,
without anybody coaching me, as follows:
2.
3. Q – Where is your residence now?
A – I still reside at my aforesaid address upto now.
3. Q – What can you say to the claim over the property you are presently
occupying?

A – Petitioners are mistakenly claiming the property I am presently

occupying because while they claim deceased Zenaida Rosales has no issue, the
Birth Certificate of her child, Eleonor Rizza Rosales, will clearly belie Petitioners
claim.
 but shepresented during the Barangay hearing Title (TCT No. 171316) which is
a fake and spurious Title as there is no file when I verified the same at the
Makati Register of Deeds. But when Plaintiff filed the instant case she presented
another Title (TCT No. S-9137) which she supported by a Tax Dec. No.
F02400782,Exh. 4, located at 174 J. P. Rizal St.Makati City.

4. Q – What did you do upon knowing Plaintiffs use of the latters Title?

A – I verified said Title (TCT S- 9137) with the Register of Deeds of Makati
located at 174 J.P. Rizal St., Makati City, with an area of 211 sq. meters and I
was informed that there is no copy on file thereat but is only handwritten at
TCT No. 168656 thereon which is logically wrong because subsequent Titles
are progressively and not retrogressively numbered as in the instant Title of
Plaintiff because it was derived from a six (6) digit title but carrying a
diminished four (4) digit title, TCT No. S-9137.

5. Q – What can you say about TCT No. S-9137?

A - TCT No. S-9137, hereto marked asExh. 5,has no separate

Title being only handwritten on TCT No. 168656 is a product of

three (3) fraudulent transactions on July 27, 1966, indicated thereon

on the same day. On the following day, it was mortgaged back to

Ernesto and Maria Jesusa Hebron from where it came from.

This was derived from TCT No. 15062 hereto marked Exh. 7.

6. Q - What are these fraudulent transactions you are referring to ?

A - These three (3) fraudulent transactions/entries are: first, cancellation of

mortgage; second, Sale in favour of Presentacion Herrera; and third, Issuance
of TCT No. 168656 in the name of Presentacion Herrera, hereto marked as
Exhs. 8 and series.

7. Q - What happened to this TCT No. 168656if you know?

A - The following day, this tittle (TCT No. 168656) was mortgage back to
spouses Ernesto and Maria Jesusa Hebron from where it came fromby
Presentacion Herrera. These fraudulent entries were freshly type written as
compared to the original old entries thereon. The Owners duplicate copy of TCT
 168656 was printed on Judicial form dated 1945; on the other hand the
certified true copy I requested of TCT # 168656 was printed on Judicial Form
dated 1954 where these fraudulent entries were printed hereto respectively
marked as Exhs.9 and series.

8. Q - Do you know the plaintiff in this case?

A - No sir, I came to know her only when she filed an ejectment case against
me at the Barangay over the same property on March 7, 2012

9. Q – Why did you say that TCT No. 171316 is fake?

A – Last March 15, 2012, during our first hearing at the Barangay, I ask Nina
Susana her proof of ownership and she presented her Title (TCT No. 171316) in
the name of Presentacion Herrera who appeared as single consisting of One
Hundred fifty square meters. The lupon gave me a copy of TCT No. 171316 and
I requested for at least one (1) week to verify the authenticity of said title.
When I verified its authenticity at the Registry of Deeds of Makati City, said
office told me there is no record of said TCT No. 171316.

10. Q – What happened next?

A – Four (4) days thereafter, Nina Susana and five (5) male companions went
to my residential garage at 860 J.P. Rizal St. Poblacion, Makati City, and forcibly
barricaded the gate of my residential garage. My wife and jeepney were locked
inside, so I went to the Barangay to file a case docketed as Case No. 071/12
against Nina Susana and five (5) male companions for forcible entry,
harassment and Illegal Detention dated March 20, 2012 and was scheduled for
hearing on March 23, 2012.

11. Q – Do you have a copy of said Complaint?

A – Yes sir, this is the copy of my Complaint and a Picture of the barricade
and a copy of TCT No. 171316 presented by Plaintiff at the Barangay

Atty. Cabugoy. We request that the same be respectively marked as Exhs.10, 10-
a&10-b.

12. Q - What happened to the Complaint you filed against Nina Susana and five
(5) male companions?

A - It was not heard at the Barangay.

13. Q - Why?

A – Because last March 23, 2012 during our second hearing, I told the
Barangay that Nina Susana’s alleged title TCT No. 171316 is fake because it has
no record at the Registry of Deeds Makati but in the present case Plaintiff
presented another spurious and fake Title (TCT No. S-9137). While the property
I am presently occupying with Pictures hereto marked as Exhs. 6 and 6-a, is
located at No. 860 J. P. Rizal St., Poblacion, Makati City, Plaintiffs property is
located at 174 J. P. Rizal St., Makati City with an area of 211 sq. meters which
has no copy of its Title(TCT No. S-9137) but is only a handwritten entry on
TCT No. 168656 which is an entirely different Title copy of which is hereto
marked as Exh. 5 infra.

14. Q - Can you tell this Court whether or not you verified the

location of Plaintiffs property at 174 J. P. Rizal St?

A – Yes, I repaired to its location which appears to be still vacant.

It is located in between Delpan St. and H. Santos St. along J. P. Rizal St., Makati
City.

15. Q – Why are you certain about the location of Plaintiffs property

which you said is still vacant?

A – I prepared a location Sketch and took pictures of the House

at the corner of H. Santos St.,depicting the number196 while the opposite

Housedepicts the number 155 along J. P. Rizal St. which are hereto respectively
marked as Exhs. 11, 12& 13.

16. Q – If you know, how far is this property at 174 J. P. Rizal St., to

the property you are presently occupying?

A – It is about two (2) kilometers away from my present residence

at 860 J. P. Rizal St., Poblacion, Makati City.

17. Q - What happened to the case she filed against you?

A - We did not arrived at any agreement or settlement because I told the

Barangay that Plaintiff, Nina Susana’s alleged title TCT 171316 is fake because
there is no record at the Registry of Deeds of Makati City in the name of
Presentacion Herrera consisting of One Hundred Fifty (150) square meters.

18. Q - Do you have a house at the property subject matter of this

case?

A - Yes sir, I have four (4) houses there..

19. Q - Who built these houses?

A - I built it myself with my own money.

20. Q - How much did you spent in constructing your houses there.

A - About two hundred thousand pesosmore or less, sir.

21. Q – Why are you in possession of the property subject matter of

this case?
 A – When my father was still alive he resided there since 1974 with me and so
after he died I continued taking possession thereat together with my drivers
and where I parked my jeepneys overnight.

22. What is your valid claim to take possession thereat?

– I secured a Lease Contract from its rightful owners hereto marked as Exh. 14

IN WITNESS WHEREOF, I have hereunto affixed my signature this

_________ day of __________________ at the City of ___________.

JEANETTE R. ENCARNACION
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, this _____ day of

________, 201___ at ____________. Affiants exhibiting ID # _____________,
bearing her photograph and signature, who appeared before me known to me to be the
same person who personally signed before me under penalty of the truth of the
contents hereof.

DOC. NO. _______

PAGE NO. _______ NOTARY PUBLIC, Until Dec. 31, 201__
BOOK NO. _______ PTR No. ___________
Series of 2018 IBP No. ___________
ROLL No. ___________
MCLE V _______

LAWYER’S ATTESTATION

I, Atty. I. MICHAEL Mc. CABUGOY Jr., of legal age, Filipino with office address at
Antipolo City, do hereby attest under oath to the following:

That I conducted an examination of witness, JEANETTE R. ENCARNACION, in

connection with the above entitled case.

The aforesaid examination was conducted at my Office, I have religiously and

faithfully recorded the questions asked and the answers voluntarily given thereto.

That neither I or any other person present during the examination coached the
said witness regarding the latters answers.

IN WITNESS WHEREOF, I have hereunto affixed my signature this _____., day

of ____________, 201___ at _______________.

I. MICHAEL Mc. CABUGOY

Counsel for Respondent

SUBSCRIBED AND SWORN to before me this ______ day of ___________, 201_

at ________________, affiant exhibited his I B P ID No. 00929 bearing his
photograph and signature, known to me to be the same person who personally signed
the same under penalty of the law of the truth of the contents.

Doc. No. _____

Page No. ____ NOTARY PUBIC, until Dec. 31, 2019
Book No. ____ PTR # _______________
Series of 2018 . IBP Lifemember No. ______
ROLL No. ____________
MCLE V ______________