Republic of the Philippines

MUNICIPAL TRIAL COURT

11th Judicial Region
Branch 7
Baganga, Davao Oriental

SPOUSES DERGO AND LIA DIAZ,

Plaintiffs,

-versus- CIVIL CASE No. 859

DALIA PUENTESPINA,
Defendant. FOR: Unlawful
Detainer, Damages and
Attorney’s Fees

JUDICIAL AFFIDAVIT OF DALIA PUENTESPINA

I, DALIA PUENTESPINA, Filipino, of legal age, married and a

resident of House 44, Amityville, Lot No. 414, CAD. 288, Baganga
Cadastere, along the national road, Baganga, Davao Oriental, after
having been duly sworn to in accordance with law do hereby depose
and state THAT:

PRELIMINARY STATEMENT

The person examining me is Atty. Lanie Joy Aspilla with office

address at Aspilla & Associates Law, 15th Floor, AEON Towers, Bajada,
Davao City and the examination is being held at the same address. I
am answering her questions fully conscious that I do so under oath
and may face criminal liability for false testimony and perjury.

PURPOSE AND OFFER OF TESTIMONY

The testimony of DALIA PUENTESPINA is being offered to

prove the following facts, to wit:,

1. That the property subject of the foregoing case were actually

originally owned by Spouses Dergo and Lia Rodriguez;

JUDICIAL AFFIDAVIT
Dalia Puentespina
 2. That the subject property was subsequently bought from the
spouses by Defendant Dalia Puentespina;

3. That in the said property, Defendant Dalia Puentespina and her

husband built their dream home house and lived in the same
together with their entire household;

4. That from the time of the purchase of the subject property, the
same was occuplied and enjoyed by Defendant Dalia
Puentespina and her husband;

5. That from the time of the purchase of the Subject Property, up to

the present, Defendant Dalia Puentespina, her husband and
their household, have been in open, continuous, exclusive and
notorious possession of the Subject Property in the concept of
owners;

QUESTIONS AND ANSWERS

1. Q: Please state your name and other personal circumstances for

the record.

A: I am DALIA PUENTESPINA, Filipino, of legal age, married and

a resident of House 44, Amityville, Lot No. 414, CAD. 288, Baganga
Cadastere, along the national road, Baganga, Davao Oriental;

2. Q: What is your relation to the Parties to the present case?

A: I am the Defendant in the present case;

3. Q: Can you narrate on how you came to possess and occupy the
property identified as House 44, Amityville, Lot No. 414, CAD. 288,
Baganga Cadastere, along the national road, Baganga, Davao
Oriental?

A: Yes. Sometime in October 2001, SPOUSES DERGO AND LIA

DIAZ, approached me and to offer for sale their unregistered
property identified as Lot No. 414, Cad 288, Baganga, Davao
Oriental. Initially, the Plaintiff-spouses offered to sell to the
Defendant the entirety of the above-described property for a total
amount of TWO MILLION (Php 2,000,000.00) Pesos. Seeing

JUDICIAL AFFIDAVIT
Dalia Puentespina
 however, that we have no need for the entire 2 hectare property, I
made a counter-proposal to the Plaintff-spouses, thereby offering
to purchase the portion of the property along-side the national road

4. Q: How did Spouses Rodriguez respond to your counter-offer?

A: After a series of negotiations, the Plaintiff-spouses agreed to sell

the 500 square meter portion of the unregistered property for
SEVENTY-FIVE THOUSAND (Php75,000.00) PESOS;

5. Q: What happened thereafter?

A: To finalize the sale, we executed a Deed of Absolute Sale, on

December 20, 2001 before Notary Public Atty. Kathryn Bernardo;

6. Q: I am showing you a copy of Deed of Absolute Sale dated

December 20, 2001, is this the document you mentioned earlier?
A: Yes that is one and the same document;

7. Q: I am attaching this document as Exhibit “1” of your Judicial

Affidavit, are you confirming my action?
A: Yes.

8. Q: After the sale, what did you do thereafter, if any?

A: After signing and notarizing the Deed of Absolute Sale, we
proceeded to execute an Acknowledgment Receipt;

9. I am showing you a copy of an Acknowledgment Receipt dated

December 20, 2001, is this the document you mentioned earlier?
A: Yes that is one and the same document;

10.Q: I am attaching this document as Exhibit “2” of your Judicial

Affidavit, are you confirming my action?
A: Yes.

11. Q: After that, what did you do, if any?

A: We proceeded to move to the subject property and continued to
posess and occupy the same in the concept of owners, and

JUDICIAL AFFIDAVIT
Dalia Puentespina
 thereafter we started to build our dream house upon the subject
property;

AFFIANT FURTHER SAYETH NONE.

IN WITNESS WHEREOF, I, DALIA PUENTESPINA, hereby

affix my signature this December 1, 2017 at Davao City, Philippines.

DALIA PUENTESPINA
Affiant
Community Tax Certificate No. 19369875

SUBSCRIBED AND SWORN TO before me this December 1,

2017 at Davao City, Philippines by the affiant who exhibited to me her
competent evidence of identity indicated above.

WITNESS MY HAND AND SEAL.

JULIA BARRETO
Doc. No. 7; PTR No. 7135490B-07/13/17-DC
IBP No. 1042548-07/14/17-D.C.
Page No. 12; Roll No. 65221
MCLE Compliance No.1
Book No. VI; Tel Nos. (082) 295-7828; (082) 291-2846
Series of 2017. Juliabarreto@gmail.com

SWORN ATTESTATION

I, LANIE JOY ASPILLA, with office address at Aspilla &

Associates Law, 15th Floor, AEON Towers, Bajada, Davao City attest
under oath THAT:

1. I personally conducted the examination of DALIA

PUENTESPINA on December 1, 2017;

2. I faithfully recorded or caused to be recorded the questions I

asked and the corresponding answers DALIA PUENTESPINA
gave me;

1 Admitted to the bar June 17, 2016

JUDICIAL AFFIDAVIT
Dalia Puentespina
 3. Neither I nor any other person then present coached DALIA
PUENTESPINA regarding his answers; and

4. That I am fully aware of my duties as a lawyer under my oath;

IN WITNESS WHEREOF, I hereby affix my signature this

December 1, 2017 at Davao City, Philippines.

LANIE JOY ASPILLA

Examining Counsel

SUBSCRIBED AND SWORN to before me this December 1, 2017

in Davao City, Philippines. Affiant is personally known to me to be
the same person who executed the foregoing affidavit.

Doc. No. 8; JULIA BARRETO

PTR No. 7135490B-07/13/17-DC
Page No. 12; IBP No. 1042548-07/14/17-D.C.
Book No. VI; Roll No. 65221
MCLE Compliance No.2
Series of 2017. Tel Nos. (082) 295-7828; (082) 291-2846
Juliabarreto@gmail.com

2 Admitted to the bar June 17, 2016

JUDICIAL AFFIDAVIT
Dalia Puentespina
copy furnished
thru personal service:

ATTY. CHRISTINE JOY Registry Receipt No.:

BONIFACIO __________
Counsel for Plaintiffs Date Mailed:
Antipuesto & Bonifacio Law _________________
Wild Garlic, Matina,
Davao City, 8000

JUDICIAL AFFIDAVIT
Dalia Puentespina