REPUBLIC OF THE PHILIPPINES

THIRD JUDICIAL REGION

MUNICIPAL TRIAL COURT
CITY OF MALOLOS, BULACAN
Branch 1
Rose Anne H. Mabanta
Plaintiff
CIVIL CASE NO. 777-M2014
For: Unlawful Detainer
Adela T. Dela Cruz
Defendant
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JUDICIAL AFFIDAVIT
OF ROSE ANNE H. MABANTA
I, ROSE ANNE H. MABANTA, of legal age, Filipino, single, a
registered nurse, with postal adresss at Purok 777 Pulo Bulihan, City
of Malolos, Bulacan, after having been duly sworn in accordance with
law depose and state:
1. That Atty. Lovely D. Maganda is the counsel who conducted
and supervised my examination as a witness at her office at
Suite12 Hiyas Convention Center Provincial Capitol Compound,
City of Malolos, Bulacan;
2. That I am answering the questions herein fully conscious that I
do so under oath and that i ma be criminally liable for false
testimony or perjury.

OFFER OF TESTIMONY
The testimony of the witness is being offered to prove that :
1. She is the plaintiff in the above-entitled case;
2. She is the lawful owner of the parcel of land with Transfer
Certificate of Title No.T- 7777 of the Registry of Deeds Malolos
situated at Bulihan, City of Malolos, Bulacan;
3. The defendant herein through tolerance of the plaintiff has been
occupying the aforesaid property where her respective house
is erected;
4. The defendant refused to vacate the property despite repeated
demand.
5. She will likewise testify to prove all the material allegations of
the complaint specifically the circumstances surrounding the
failure of the defendant to vacate the land;
Question and Answers
Atty. Maganda: With the kind of permission to the Honorable Court.
1. Q: Ms. Witness you are the plaintiff in this case?
A: Yes, maam.
2. Q: What about the defendant, Adela Dela Cruz, do you know
her?
A: Yes maam
3. Q: How did you know the defendant?
A: She is my friend.
4. Q: How did the defendant become your friend?
A: We were classmates in high school.
5. Q: Now I am showing to you a document purported to be
Transfer Title No. T-7777, which we request to be marked as
Exhibit A what can you say about the document?

A: That Transfer Certificate of Title is mine. The parcel of land I

bought on February 14, 2010 is covered by the said document.
It is situated at Pulo Bulihan, City of Malolos, Bulacan.
6. Q: Then what relation has this property, to the defendant?
A: I allowed her to stay in the property since I am not using the
same without any payment there from.
7. Q: Since when?
A: Since December 25, 2013.
8. Q: Then what happened on September 1, 2014.
A: I decided to use the land on my own needs so I told the
defendant to vacate the land and remove her house therein.
9. Q: Please tell me what happened next?
A: Adela is so furious and ignored my plea. She refused to
vacate the property.
10. Q: Now, I am showing to you a document purported to be a
demand letter which we request to be marked as Exhibit B,
what can you say about this document?
A: I sent this demand letter through my counsel but despite the
fact of receiving this letter, Adela refused and still refuses to
vacate the land.
(Atty. Maganda: Your Honor, the witness handed to this
representation the copy of the return card of the demand letter.
We pray that this document be marked as our Exhibit C.)
10 . Q: What did you do after that?
A: We sought the assistance of the barangay but the same has
failed, so I filed this case against Adela.
11. Q: Now as far as you are concerned, what happened to you
after you filed this case against the defendant?
A: I suffered sleepless nights, serious anxieties and wounded
feelings.

12. Q: And what relief have you asked from this Honorable Court?
A: The defendant should vacate the land and should pay an
amount of 100,000 as moral damages and Attorneys fees in
the amount of 20,0000.
13. Q: Do you have anything more to say?
A: Nothing else maam.
Atty. Maganda: That will be all your honor.
In WITNESS WHEREOF, I have hereunto affixes my signature this
17th day of January 2015 here at City of Malolos, Bulacan.

ROSE ANNE H. MABANTA

Affiant
SUBSCRIBED AND SWORN to before me this 17th day of January
2015 in City of Malolos, Bulacan.

ATTY. LOVELY D. MAGANDA

Notary Public
ROLL NO. 66822
IBP LIFE MEMBER ROLL NO. 09845
O.R. NO. 850745
PTR No. 964592577;04,15,12
Doc No.
Page No.
Book No.
Sereies of 2015
ATTESTATION

I, LOVELY D. MAGANDA, of legal age, Filipino Citizen with office

address at the Capitol Compound, City of Malolos, Bulacan, after
having duly sworn in accordance with law do hereby depose and say:
1. That I personally recorded or caused to be recorded the
questions asked to the plaintiff Rose Anne Mabanta and the
surrounding answers the said witness gave; and
2. That neither I nor any other person then present coached the
witness regarding the answers.
I have hereto set my hand this 17th day of January 2015 at the City of
Malolos, Bulacan.
ATTY. LOVELY D. MAGANDA
Counsel for Plaintiff
SUBSCRIBE AND SWORN to before me this 17th day of January
2015 in City of Malolos, Bulacan, affiant exhibited to me her
PhilHealth Identification Card with No. 01-050202020-1 on January
17, 2015 at City of Malolos, Bulacan.

ATTY. EUNUELLE I. DE VERA

ROLL NO. 66845
IBP LIFE MEMBER ROLL NO. 09945
O.R. NO. 854545
PTR No. 978592577;04,15,12

Copy furnished:

Atty. Cathy B. Jimenez

Counsel for the Plaintiff
PTR No. 18909595:1-04-07:B.C.
IBP No, 693095:1-04-07:B.C.
Roll No. 42481:5-10-97: Manila
#24 Guinhawa St., Brgy. Sto Rosario, City of Malolos, Bulacan

EXPLANATION
Service of the foregoing is done by registered mail, personal service
not practicable due to lack of man power.

ATTY. LOVELY D. MAGANDA