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Republic of the Philippines Regional Trial Court Branch ____, Pagadian City

Shin L. Nidupiaz Petitioner, -versusNuisance Goya M. Pangs Respondent, x----------------------------------------x JUDICIAL AFFIDAVIT OF Shin L. Nidupiaz I, Shin L. Nidupiaz, of legal age, married, and living at Bayabas Street, 04542 Barangay Sto. Nio, Pagadian City, petitioner in this case, state under oath as follows: PRELIMINARY STATEMENT Case no.: ______ For: Abatement of

The person examining me is ATTY. SHINE NOVEL L. SAIPUDIN with address at 0694 Balangasan Disrict, Pagadian City. The examination is being held at the same address. I am answering his questions fully conscious that I do so under oath and may face criminal liability for false testimony and perjury.

This Judicial Affidavit is being offered to prove: A) All the allegations in the Petition including all annexes appended thereto and which were already marked as exhibits during the Pre-Trial of this case; B) All other related matters, facts and circumstances relevant and material to this case.

Questions were propounded by ATTY. SHINE NOVEL L. SAIPUDIN and these questions are numbered consecutively and each question is followed by the answer of the witness.

1. Q. Please state your name and other personal circumstances for the record. A. I am Shin L. Nidupiaz, single and with residence at Bayabas Street, 04542 Barangay Sto. Nio, Pagadian City,.

2. Q. A. 3. Q.

Are you the same, Shin L. Nidupiaz, the petitioner in this case? Yes sir. How do you know the respondent of this case?

A. We are neighbors in Barangay Sto. Nio, Pagadian City, and their residence are separated by a unoccupied lot covering with more or less ONE HUNDRED SQUARE METERS ( 100 sm2) , located at the side of Bayabas Street, Barangay Sto. Nio, Pagadian City. 4. Q. What made you file the instant case against the respondent?

A. It is because of his residential piggery located at the backyard of his residence. Which the same produce unpleasant and unbearable smell that comes from the waste materials of the respondents piggery. And stink around that even reaches the neighboring houses, including our residence. 5. Q. When does this piggery started to operate?

A. Goya Pangs started the piggery, sometime in January 2013, rising with, more or less, ten (10) piglets. 6. Q. Is the smell that bad that causes you to file against the respondent? For what reason? A. Yes, Sir. I and my family are unable to live in peace our residence, because of the stinking smell that is coming from the waste materials of the Goyas piggery. Even people who passed-by at Bayabas Street, Barangay Sto. Nio, and the neighboring residence noticed the stinking smell, and has been complaining about the unpleasant smell coming from the residence of the defendant. 7. Q. Did make any actions with regards to what you are complaining of? If any what is it? A. Sometime in March 2013 I and the neighboring residence confronted with Goya and demanded that the latter should find ways to get rid of the stinking smell coming from the waste materials of his livestock and if he cannot find ways to get rid of the smell he might just stop his piggery. 8. Q. A. 9. Q. Did Goya act with your demands? No, Sir. What did you do next?

A. In June 2013, I went to the Barangay Hall of Barangay Sto. Nio to file a complaint against the Goya Pangs with regards to the stinking smell coming from the defendants hogs waste materials. 10. Q. What happen after that?

A. Summons has been served to Goya Pangs, and we confronted before the Punong Barangay and Pangkat ng Tagapagsundo. 11. Q. A. 12. Q. A. Have you reach any amicable settlements after the confrontation? No, it did not. Why? Because the defendant refused to act on my demands.

Affiant further sayeth naught. IN WITNESS WHEREOF, I have hereunto set my hand this Oct. 15, 2013 at Pagadian City. SHIN L. NIDUPIAZ Affiant SUBSCRIBED AND SWORN to before me thisOct. 18, 2013 at Pagadian City, Affiant exhibiting to me her Passport bearing No. SS12345678 issued on 8/9/12 and expiring on 8/8/17. ATTY. SHINE NOVEL L. SAIPUDIN Counsel for respondent Sto. Nio District Pagadian City Attorneys Roll No. 654987 IBP No. 3216547 8/8/2012 Issued at Pagadian City PTR No. 369258 Issued at Pagadian City Doc. No. 45; Page No. 10; Book No. 10; Series of 2013;

ATTESTATION

I hereby state, under oath, that I faithfully recorded the questions I asked and the corresponding answers that the witness gave and that neither I nor any other person present or assisting me has coached the witness regarding the latters statement. ATTY. SHINE NOVEL L. SAIPUDIN Affiant

SUBSCRIBED AND SWORN to before me this Oct. 18 2013 at Makati City, Affiant exhibiting to me his drivers license bearing No. N11-82-030573 expiring on 12/13/2013. ATTY. MARLO S. PORLE NOTARY PUBLIC Sto. Nio District Pagadian City Attorneys Roll No. 741258 IBP No. 684258 8/8/2012 Issued at Pagadian City PTR No. 398748 Issued at Pagadian City Doc. No. 42; Page No. 14; Book No. 40; Series of 2013;

COPY FURNISHED BY PERSONAL SERVICE: Atty. Ruben S. Cabardo Defendants Counsel Pagadian City