REPUBLIC OF THE PHILIPPINES

SIXTH JUDICIAL REGION

MUNICIPAL TRIAL COURTS IN CITIES
RAMON Q. AVANCEA HALL OF JUSTICE
ILOILO CITY, BRANCH__
SPOUSES JUAN DELA CRUZ &
BEATA DELA CRUZ
Plaintiffs,
-Versus-

Civil Case No._______

For: Unlawful Detainer

SPOUSES JOSE BELITA &

CANDIDA BELITA
Defendants.
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JUDICIAL AFFIDAVIT OF JUAN DELA CRUZ
This Judicial Affidavit of Juan Dela Cruz, who is one of the
plaintiffs, is executed to serve as his direct testimony in the instant
case.
This Judicial Affidavit is being offered to prove the following:
1. All the allegations in the complaint including all annexes
appended thereto and which were already marked as exhibits in
the case;
2. All other related matters, facts and circumstances relevant and
material to this case.
This Judicial Affidavit was taken at the office of Atty. Cybill Diaz and
Atty. Irish Diane Mombay at Room 212, Injap Tower, Diversion Road,
Mandurriao, Iloilo City, Iloilo.
Questions were propounded by Atty. Cybill Diaz and questions are
numbered consecutively and each question is followed by an answer of
the witness.
1. State you name and your personal circumstances.
A. My name is Juan Dela Cruz and I am 50 years old, married to Beata
Dela Cruz, and Filipino. I am a resident of Barangay San Pedro,
Molo, Iloilo City. I am a City Engineer.
2. Do you swear to tell the truth and nothing but the truth being aware
you can face criminal liability for false testimony or perjury if you will
not tell the truth?
A. Yes. I do swear.
3. Do you know the spouses Jose Belita and Candida Belita?
A. Yes
4. How do you know them?
A. They are my distant relatives from Carles, Iloilo.

5. I am showing you this document, herein referred to as Annex 1. Do

you know this document?
A. Yes, I do.
6. What is this document?
A.It is the Transfer Certificate of Title entitled TCT No. T-567834 of the
500 square meter lot located at Sambag, Jaro, Iloilo City, with my name
and my wifes name as owners.
7. What occurred in the year 2008 regarding this lot?
A. Jose and his wife Candida Betita came to me and asked if they can
occupy a portion of my lot in Sambag, Jaro, Iloilo City.
8. What will they build in the said lot?
A. A house made of light materials.
9. What did you say after they approached you with the request to
build the house of light materials?
A. I told them they can build the house.
10. Was there a written contract made when you allowed the Spouses
Belita to occupy said lot?
A. There was no contract, I just allowed them to occupy for they are my
relatives and that there was no one who has occupying the lot. And
they did say they were only to build light materials.
11. Were there any conditions made regarding the allowance of
occupation of the Spouses Belita in the said lot?
A. No conditions, except that if I will be needing the said lot they
should vacate the premises.
12. Did you demand payment of rentals to such occupation?
A. None at all. I just allowed them to occupy temporarily.
12. When did start constructing their house?
A. The same year that I agreed that they may occupy the lot.
13. What kind of materials did the spouses used in building the said
house?
A. The house I saw was built of bamboo, wood and nipa. They were the
light materials they said they would use to build their house. But after
four (4) years, they renovated the same house into concrete with
galvanized iron roof.
14. What happened on or about January 23, 2014?
A. I told the Spouses Belita to vacate the lot.
15. Why did you ask them to vacate the lot?
A. My son needed the lot to build his house. At the time he just got
married.
16. What was the date for the spouses Belita to vacate the lot?
A. June 30 of the same year, 2014.
17. When you demanded the spouses Belita to vacate the lot, what
was their response?

A. They said they will vacate the lot only if they would be reimbursed
for the house they built.
18. What did you say to the spouses Belita?
A. I told them I will not pay them, for they did not ask permission to
build a concrete house.
19. On June 30, 2014, the date demanded for the spouse Belita to
vacate, what did you see on your lot?
A.The spouses Belita made no effort to vacate the premises.
21. What course of action did you take afterwards?
A. I sent them demand letter to vacate the lot within 15 days from
receipt of the letter.
22.This second document I am now showing you, herein referred
to as
Annex 2, what is this document?
A. This is the demand letter I sent on July 1, 2014.
23. How was this demand letter sent and received by the Spouses
Belita?
A. It was sent by registered mail and it was the received by them the
same way.
24. This third document I am showing you, herein referred to as Annex
3, what is this document?
A. It is the return registry card. It shows they received my letter of
demand to vacate on July 3, 2014.
25. After 15 days, on July 18, 2014, who were at your lot?
A. The Spouses Belita were still in my lot despite my demands.
26. After they refused to vacate, what did you do next?
A. I filed a complaint with the Barangay Chair of Sambag for
conciliation and mediation between myself and the spouses Belita.
27.What was the result of the conciliation and mediation with
Barangay
Chair?
A.We could not find an agreement.
28. After the conciliation and mediation, what occurred?
A.The Barangay Chair conducted another conciliation conference with
us in the Pangkat Tagapamayapa.
29. What was the result in this subsequent conference?
A. Same as before. We could not settle anything.
30. I am now showing you a fourth document, herein referred to as
Annex 4. What is this document?
A. It is a Certification to File Action. The certificate was issued to me by
the Secretary of the Pangkat after we could not settle during the
conference.

31. What other attempts did the spouses Belita do to help settle the
matter?
A. None, we have not talked or communicated with each other since
the last conciliation conference.
Further Affiant Sayeth Naught.
IN WITNESS WHEREOF, I have hereunto set my had this 6th day
of October, 2015, Iloilo City.
Juan Dela Cruz
Affiant
SUBSCRIBED AND SWORN TO before me this 6th day of October,
2015, in Iloilo City, Philippines, affiant showing to me his competent
evidence of identity being his Drivers License Identification No. 56789
through which he was identified.
Notary Public
Until December 31,
2015
PTR No:
IBP No:
Roll No:
Doc No.______ ;
Page No.______;
Book No. _____ ;
Series of 2015.
SWORN ATTESTATION
The undersigned hereby attest, as counsels of the witness, we
faithfully recorded the questions asked and the corresponding answers
that the witness gave and neither we nor any other person then
present or assisting us coached the witness regarding the latters
answers.
Cybill Diaz
Mombay
Counsel for Plaintiff
Plaintiff
PTR No._________
No._________
IBP No._________
No._________
Roll No._________
No._________
MCLE:

Irish Diane
Counsel for
PTR
IBP
Roll
MCLE:
Diaz & Mombay Law Office
Room 212, Second Floor,
Injap Tower, Diversion Road
Mandurriao, Iloilo City, Iloilo.
(33)-5083837
DMLO@batas.com