1

REPUBLIC OF THE PHILIPPINES

Municipal Trial Court

BRANCH 6, CEBU CITY
7TH JUDICIAL REGION

PRIMARY STRUCTURES CONSTRUCTION

CORPORATION,
Plaintiff,
-VERSUS-

CIVIL CASE NO. _________

FOR: EJECTMENT

ARTURO CHOI,
and all persons claiming rights under him,
Defendants.
x--------------------------------------------------------x

JUDICIAL AFFIDAVIT
OF
TOMAS C. CHEN
This Judicial Affidavit of TOMAS C. CHEN, a neighbor of herein plaintiff and the
seller of the land extension for PSCC, is executed to serve as his direct
testimony as witness in the instant case, conducted and supervised by Atty.
Wella Jane D. Ata, counsel for the plaintiff in the office of said counsel at #12
Dr. Su Drive, Nasipit, Talamban, Cebu City. Questions were propounded by the
same and these questions are numbered consecutively. Each question is
followed by the answer of the witness.
The Affiant was examined in English, in the language that Affiant
understands. Affiant answered each question fully conscious that she did so
under oath and may face criminal liability for false testimony and perjury.
Q1:
A1:

Please state your name, age, address and other personal circumstances
for the record.
I am Tomas C. Chen, 57 years of age, married, residing at Ma. Clara St.,
Cebu City. I am a neighbor of the President of PSCC, Mr Clarito Lim and
the seller of a lot that is a subject to this case.

Q2:
A2:

For what purpose are you testifying on this case?

I would like to testify for the plaintiff, PSCC and their President Mr.
Clarito Lim who is a neighbor and a friend of mine.

Q3:

What is your involvement on this case?

A3:

My friend and neighbor, Mr. Clarito Lim told me about his ejectment
case he filed against defendant and lessee of his condominium unit, Mr.
Arturo Choi. Now, Mr. Choi breached the contract of lease, imposing as a
defense that the land is not a property of PSCC. I personally sold that lot
to Mr. Clarito Lim in 2012.

Q4:

A4:

Just for confirmation, this Building II of the Somerset Condominiums

then, was an extension building built from the lot you sold to PSCC and
Mr. Clarito Lim?
Yes, Maam.

Q4:
A4:

How did you know that Mr. Arturo Choi is leasing the building?
Mr. Arturo Choi is also a friend of mine. He is also a friend of Mr. Clarito
Lim.

Q5:

When you sold the lot to Mr. Clarito Lim of PSCC, would you affirm that
that the sale was also made known to Mr. Arturo Choi?
Yes, I believe he was aware of them Maam?

A5:
Q6:
A6:

How can you be sure that he was aware of such sale?

It was already a subject in many of our conversations; in fact I was the
one who encourage him to rent a space at the new condominium that
Mr. Clarito Lim just completed in early 2013.

Q7:

When he assailed that the said property was not under the ownership of
PSCC, to whom then will he be paying his rent to?
That I dont know Maam.

A7:
Q8:
A8:

How can we prove that indeed, PSCC owns the property you sold to
him?
I have the copy of the Deed of Sale for that property I sold to Mr. Clarito
Lim and PSCC.

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

November 2014 at Cebu City.

TOMAS C. CHEN
Affiant-Witness
PRC ID No. 00546789
Expiration Date: January 05, 2015

SUBSCRIBED AND SWORN to before me, this 25th day of November

2014 in Cebu City, affiant being personally known to me to be the same
person who executed this Judicial Affidavit and exhibiting to me his PRC ID
bearing No. 00546789 expiring on 01/05/2015.

Doc. No. 131;

Page No. I;
Book No. VI;
Series of 2014

ATTY. DANIEL L. ROMAN

NOTARY PUBLIC
UNTIL SEP. 13, 2016
ATTYS ROLL NO 87980
IBP NO. 345654 JANUARY 2013
ISSUED
AT
CEBU
CITY

ATTESTATION
I, WELLA JANE D. ATA, of legal age, Filipino, single, with residence at #12 Dr.
Su Drive, Nasipit, Talamban, Cebu City, and a practicing lawyer, after having been
duly sworn to in accordance with law, hereby depose and state THAT:
I am the one who conducted and supervised the examination of the herein
complainant-affiant of this Judicial Affidavit.
I faithfully recorded or caused to be recorded the question I asked and the
corresponding answers that the herein complainant-affiant provided.
Neither I, nor any other person then present or assisting the complainantaffiant, coached regarding his answers to the questions asked.
ATTY. WELLA JANE D. ATA
Counsel for Complainant/Affiant
IBP OR No. 780324 12-29-13
Roll No. 25631
MCLE Compliance III 0000876 10-22-11
LTO Drivers License No. N08-89-003232
Expiry date: 2014-12-15
SUBSCRIBED AND SWORN to before me this November 25, 2014 at
Cebu City, Affiant exhibiting to me her Drivers License bearing No. N08-89-003232
expiring on 2014-12-15.
Doc. No. 131;
Page No. I;
Book No. VI;
Series of 2014
Copy furnished:
ATTY. MICHAEL B. SANTOS
Counsel for the Defendant
Lahug, Cebu City

ATTY. DANIEL L. ROMAN

NOTARY PUBLIC
UNTIL SEP. 13, 2016
ATTYS ROLL NO 87980
IBP NO. 345654 JANUARY 2013
ISSUED AT CEBU CITY