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Republic of the Philippines

Regional Trial Court


6th Judicial Region
Branch 62-Bago City
-o0o-

HEIRS OF JUAN DELA CRUZ,


Plaintiffs,

-versus- CIVIL CASE NO. 111

HEIRS OF PEDRO ARANETA, ET. AL.,


Defendants.
x- - - - - - - - - - - - - - - - - - - - x

JUDICIAL AFFIDAVIT

I am PERCIVAL ARANETA of legal age,


_________, Filipino citizen, resident
of________________. I am one of the Defendants in
this case, I hereby state under oath as follows:

PRELIMINARY STATEMENT

The Person Examining me is ATTY. NICOLAS


VILLAFLOR, with address at ___________, Bacolod
City. The examination is being held in the same
address. I am answering this question fully conscious
that I do so under oath and may face criminal liability
for false testimony and perjury.

EXAMINATION PROPER

1. Atty. Villaflor: Are you the very same


Percival Araneta who is one of the Defendants in this
case?
Witness: Yes.

2. Atty. Villaflor: Do you know the reason


for this interview?
Witness: Yes. To give my testimony in
relation to the complaint filed against me and my other
co-defendants in the case entitled
“______________________________.” docketed as
Civil Case No. 111 pending in Branch 62 of the Regional
Trial Court in Bago City?

3. Atty. Villaflor: Have you read a copy of the


Complaint against you and the other heirs of Pedro
Araneta?
Witness: Yes, I have personally read the
Complaint.

3. Atty. Villaflor: How are you related to the


other co-defendants?
Witness:
____________________________________________
____________________________________________
___________________________

4. Atty. Villaflor: Do you know the persons


who filed the said case against you and the other
Defendants?
Witness:
________________________________________
________________________________________
________________

5. Atty. Villaflor: How are you related to


Juan Dela Cruz and the Plaintiffs?
Witness:
________________________________________
________________________________________
________________

4. Atty. Villaflor: Why are you impleaded


as Defendant in this case?
Witness:

____________________________________________
____________________________________________
____________________________________________
____________________________________________
____________________________________________
___________________

2. Atty. Villaflor: What does the Defendants


seek from the Hon. Court?
Witness: They are seeking the cancellation and
annulment of Claimed Decree No. 34963, Claimed OCT
No. 5990, TCT No. RT-3162 (19966), TCT No. 16843,
TCT No. T-31782, TCT No. T-11925 (1970), TCT No. T-
7721 and TCT No. T-23344, covering the whole or a
portion of the then Lot 2223 and all their derivative
titles. The case was also one for reconveyance,
accounting and damages.

5. Atty. Villaflor:
Witness:
________________________________________
________________________________________
________________

3. Atty. Villaflor: I am marking this Order


as Exhibit “A”, and will be attached to this Judicial
Affidavit to form as part of the evidence for the
Plaintiff. Do you confirm my action?
Witness: Yes, sir.

4. Atty. Villaflor: Have you read a copy of the


Complaint? Can you tell us who caused the preparation
and filing of the complaint in this case?
Witness: Yes, I have read the Complaint and it
was I who caused the preparation and filing of the
complaint.

5. Atty. Villaflor: Is this the same complaint


you are referring to?

(Atty. Villaflor handed over the document to


witness and witness examined it.)

Witness: Yes.

6. Atty. Villaflor: I am marking this


Complaint with all its Annexes as Exhibit “B”, and will
be attached to this Judicial Affidavit to form as part of
the evidence for the Plaintiff. Do you confirm my
action?
Witness: Yes, sir.
7. Atty. Villaflor: Since it is you who
caused the complaint, did you sign the verification and
certification of non-forum shopping attached thereto?
Witness: Yes, I did.

8. Atty. Villaflor: I am showing to you the


verification and certification of non-forum shopping
attached to the compliant;
Witness: Yes, that is my own signature.

9. Atty. Villaflor: I am marking this


verification as Exhibit “B-1”, and will be attached to
this Judicial Affidavit to form as part of the evidence for
the Plaintiff. Do you confirm my action?
Witness: Yes, sir.

10. Atty. Villaflor: How did you know the


Defendants?
Witness: I knew Defendant
____________________________________________
_______________________, being my relative and a
corporation owned by my relatives.

These relatives together with Defendant Philippine


National Bank, Register of Deeds of Bacolod City and
the Province of Negros Occidental are parties to a civil
case for reconveyance involving lots 400 and 404 of the
Bacolod Cadastre, filed before the Regional Trial Court,
Branch 44 on October 24, 1982 docketed as Civil Case
No. 6817 to which I and the other heirs were
disenfranchised of our inheritance.

You may want to see a copy of the Complaint in


the said case.

(Witness handed over some documents to


Atty. Villaflor and Atty. Villaflor examined it.)

11. Atty. Villaflor: I am marking the


Amended Complaint and the Second Amended
Complaint in Civil case No. 6817, as Exhibit “C” and
“D”, and will be attached to this Judicial Affidavit to
form as part of the evidence for the Plaintiff. Do you
confirm my action?
Witness: Yes, sir.
12. Atty. Villaflor: Can you tell us how are
you related to the Defendants in this case?
Witness: I am the son of
________________________.

I am one of the heirs through the collateral lines


considering that the three single sisters namely
Magdalena, Carmen and Vicenta who are the original
registered owners of Lots 400 and 404, subject matter
of this case.

13. Atty. Villaflor: Do you have any document to


establish your identity as an Araneta and your
relationship with the Defendants in this case?
Witness: Yes, Sir. I have my Baptismal and
Marriage Certificate. For a clearer picture, I also would
like to give you the Table of the Araneta Clan showing
the heirs of Consolacion, Concepcion and Ricardo
Araneta who are the siblings of Magdalena, Carmen
and Vicenta Araneta, the owners of lot 400 and 404.

(Witness handed over some documents to Atty.


Villaflor and Atty. Villaflor examined it.)
14. Atty. Villaflor: I am marking this
Marriage Certificate and Table of Araneta heirs as
Exhibits “E” and “F”, and will be attached to this
Judicial Affidavit to form as part of the evidence for
Plaintiff. Do you confirm my action?
Witness: Yes Sir.

15. Atty. Villaflor: Where did you get the copy of


the Table of the Araneta Clan?
Witness: The said table was prepared and given by
Dra. Violeta Araneta, who traced the roots of the
Araneta Family based on birth, baptismal, marriage and
death records from the San Sebastian Cathedral as well
as other sources.

16. Atty. Villaflor: Who is Dr. Violeta Araneta?


Witness: Dr. Violeta Araneta is a noted social
scientist and anthropologist in the country. She is also
the wife of Mario Autahay Araneta, the natural son of
Hilarion Araneta, as well as the adopted son of Fernando
Araneta. Both Hilarion and Fernando are sons of
Consolacion Araneta, one of the siblings of Magdalena,
Carmen and Vicenta Araneta.
17. Atty. Villaflor: Why did you file this
case against the Defendants?
Witness: I decided to file the case when I
first knew about the execution of a Partial Compromise
Agreement in a certain Court of Appeals case among
the Defendants who amicably settled among
themselves, the division of Lots 400 and 404 of the
Bacolod Cadastre.

18. Atty. Villaflor: What is the said case in


the Court of Appeals all about?
Witness: It is an appeal from Civil Case No.
6817, a copy of the complaint of which I was able to
give you a while ago. The
Plaintiff-Appellant was the Province of Negros
Occidental and the Defendant-Appellees were the rest
of the Defendants in this case. It is all about their
claims to Lots 400 and 404 of the Bacolod Cadastre

19. Atty. Villaflor: How did you come to


know about the compromise agreement in the Court of
Appeals?

Witness: I came to know about the


agreement when Defendant Province of Negros
Occidental, sometime in 2004, undertook a massive
clearing operation of more than 1,000 informal settlers
in Lot 400 and 404 along Gatuslao Street, Bacolod City
which became a subject of media, hype and
controversy in the city.

20. Atty. Villaflor: Can you please tell me


what the agreement was about or do you have a copy
of the said Partial Compromise Agreement?

3. Atty. Villaflor: Is this same petition you are


referring to?

(Atty. Villaflor handed over the document to


witness and witness examined it.)

Witness: Yes.

4. Atty. Villaflor: I am marking this


Petition as Exhibit “A”, and will be attached to this
Judicial Affidavit to form as part of the evidence for the
Petitioner. Do you confirm my action?

Witness: Yes, sir.

COPY FURNISHED:

HON. CLERK OF COURT


Regional Trial Court
Branch 62, Bago City
RR No. ___________
Date:____________

ATTY. ROMEO S. JULIETO


2nd Floor ABCD Building
Gatuslao-Araneta Streets
Bacolod City
RR No. ____________
Date:_____________

NOTICE

THE HONRABLE CLERK OF COURT

Greeting! Kindly submit the foregoing Motion for the kind action and
resolution of the Honorable Court on ____________ at 8:30 in the morning.
Thank you.

NICOLAS VILLAFLOR
ATTY. ROMEO S. JULIETO

Please take notice that the undersigned is filing the foregoing Motion
for the kind action and resolution of the Honorable Court on ____________
at 8:30 in the morning. Thank you.

NICOLAS VILLAFLOR

EXPLANATION

Copy of this Motion to Dismiss was filed with this Honorable Court and
furnished the counsel for Plaintiff by registered mail only and not by personal
service due to the prohibitive distance between Bacolod and Bago City, Negros
Occidental.

NICOLAS VILLAFLOR