JUDICIAL AFFIDAVIT

I, REMEDIOS BUENO CODY, Filipino citizen, of legal age and with postal
address at ________________________________, after having been duly sworn to in
accordance with law, being fully conscious of what I am going to say, and under oath I
hereby state that what I am going to answer to the following questions are true and
correct under pain of facing criminal liability for false testimony or perjury, do hereby
give the following answers to the questions of Atty. Geraldine U. Baniqued with office
address at the Baniqued Law Office, M.H. del Pilar Street, Dagupan City.

PURPOSE OF THE TESTIMONY

a) To prove that Marceliano Torralba is the registered owner of the parcel of land
covered by TCT No. 151669 located at Brgy. Nalsian, Malasiqui, Pangasinan;
b) To attest that Liza Macaranas and Acting Register of Deeds, Atty. Melvin Castro
have conspired, confederated and aided each other in making use of falsified
document, thereby causing damage and prejudice to the rightful owner.

1. Q: Do you swear to tell the truth and nothing but the whole truth before the
Honorable Court in relation to this case?
A: Yes Ma’am.

2. Q: In what language will you answer the questions propounded to you?

A: In English and Tagalog, but it will be translated in English, a language
which I know and understand.

3. Q: Kindly state your name, citizenship, address, and your other personal
circumstances?
A: I am Remedios Bueno Cody, Filipino citizen, of legal age, and with postal
address at _______________________________________.

4. Q: Why are you here at Baniqued Law Office today?

A: To voluntarily give my statement about the subject of this case, about the
falsified Deed of Absolute sale of a parcel of land owned by Marceliano Torralba
executed in favor Liza Macaranas.

5. Q: How are you related with Marceliano Torralba?

A: He is my distant relative Ma’am.

6. Q: You earlier mentioned that you will give your voluntary statement on the
subject property owned by Marceliano Torralba.
A: Yes, Ma’am.

7. Q: What property of Marceliano Torralba are you referring to?

A: The parcel of land located at Brgy. Nalsian, Malasiqui, Pangasinan which
is covered by TCT No. 151669. Particularly bounded and describe as follows:

A parcel of land (Lot No. 53 of Cadastral Survey of Malasiqui, Cad.

Case No. 83, GLRO Cad. Record No. 1931), situated in the Barrios
of Nalsian and Tomling Municipality of Malasiqui, Province of
Pangasinan, bounded on the NE., by Lot No. 5363; on the SE., by
Lot No. 5358; on the SW., by the Provincial Road, and, on the NW.,
by Lot Numbers 5360 and 5362, beginning at a point marked “1” on
plan being S. 11 deg. 37’E., 68.24 m. from B.D.N No. 74: thence, N
71 deg. 16’E., 67.65 m. to point 2; thence, S., 8 deg. 15’E., 57.62
m. to point 3; thence, S. 73 deg. 23’W., 1.81 m. to point 4; thence,
S. 73 deg. 23’W., 161.29 m. to point 5; thence S., 73 deg. 23’W.,
 0.48 m. to point 6; thence N., 29 deg. 28” W., 50.61 m. to point 7
thence, N., 69 deg. 51’E., 116.14 m. to point of the beginning;
containing as Area of NINE THOUSAND FIVE HUNDRED FOUR
(9,504) square meters, more or less.

8. Q: You also mentioned earlier the name Liza Macaranas, how are you
related to Ms. Macaranas?
A: I am not related to her ma’am by blood or by consanguinity.

9. Q: How did you come to know about Ms. Liza Macaranas?

A: I came to know Ms. Macaranas because she was a former caretaker of
Marceliano Torralba’s property before Alfred Torralba took over as caretaker
sometime in 2008.

10. Q: How did she become a caretaker of the subject property?

A: The owner, Marceliano Toralba out of generosity allowed Liza Macaranas
to take care of the property and reside therein without paying any rent or fee from
the above described property.

11. Q: When or in what year did Ms. Macaranas become the caretaker of the
subject property?
A: ___

12. Q: A while ago, you also mentioned the name Alfred Torralba, how are you
related to Mr. Alfred Torralba?
A: He is also a distant relative, ma’am.

13. Q: You also stated earlier, that the Deed of Sale executed by Liza Macaranas
was falsified, right?
A: Yes, ma’am.

14. Q: And how did you know then that there was a forged/or falsified Deed of
Absolute Sale?
A: It was during Alfredo’s stay as caretaker at the subject property at Brgy.
Nalsian, Malasiqui, Pangasinan. In the course of his stay, we discovered that Liza
Macaranas forged/or falsified the Deed of Absolute Sale making it appear that she
bought a parcel of land from the owner Marceliano Torralba.

15. Q: You specified that Liza Macaranas forged/or falsified the Deed of Absolute
Sale making it appear that she bought a parcel of land from the owner Marceliano
Torralba.
A: Yes, Ma’am.

16. Q: Why did you say that the said document was forged/or falsified?
A: The Deed of Absolute Sale shows that the owner, Marceliano Torralba,
executed the said Deed on April 2007. This cannot be possible, since Marcelino
Torralba was not in Philippines at that time. Moreover, Marceliano has been
residing in Alaska, USA since 1978, and has not returned to the Philippines in
2007. In addition, Marceliano Torralba never appeared before Notary Public
Quirico L. Bachar to acknowledge the sale of his property to Liza Macaranas or to
affirm the contents of the Deed of Absolute Sale.

17. Q: From the said notarized Deed of Absolute Sale, what irregularities are
apparent on its face?
A: Closer perusal of the Deed of Absolute Sale will show that it was allegedly
notarized by Notary Public Quirico L. Bachar, and bears Document No. 226, Page
No. 129, Book No. XV. However, it is also appears in the lower left corner of the
 subject document that was registered in the notarial book of the said Notary
Public is included in or bears the Series of 1976 document.

18. Q: Are there any other observations aside from the irregularities you have
mentioned earlier about the Deed of Absolute Sale?
A: Scrutiny of the Deed of Absolute Sale will show that it bears a stamp
“received” by a government agency on the upper right hand corner on 12-6-06, or
December 6, 2006. However, the Residence Certificate (No. 04820575) as
indicated below the name of Marceliano Torralba was allegedly issued on 04-03-
07 or April 3, 2007. Apparently, the document was received by the government
office even before the supposed seller obtained his Residence Certificate or CTC.

19. Q: So, what is the truth anent the subject property?

A: The truth is, the subject parcel of land was never sold, transferred, ceded,
or mortgaged to any person or entity by Marceliano Torralba, from the time he had
lawfully acquired it from his mother, up to the present.

20. Q: After the said notarized Deed of Sale was executed, what did Liza
Macaranas do with the said document?
A: She presented the falsified Deed of Absolute Sale before different
agencies of government, to include the Assessor’s Office and the Register of
Deeds of Pangasinan.

21. Q: Then after presenting it to different agencies of government, what

happened next?
A: By the use of the falsified document, sometime in December 2006, she
was able to secure a new title, the TCT No. 292271 under her name at the
Assessor’s Office. The new TCT cancelled TCT No. 151669.

22. Q: What does this instant incident imply?

A: While the government employees at the Assessor’s Office and the
Register of Deeds of Pangasinan may claim good faith as they may not be aware
that the Deed of Absolute Sale is forged/falsified, what is surprising and
unexplainable is the fact that the new title TCT No. 292271, was issued without
the Register of Deeds requiring that the original owner’s copy of TCT No. 151669
be surrendered, so that it can be cancelled.

23. Q: Presently, where is the TCT No. 151669?

A: The original owner’s copy of TCT No. 151669 remains intact as it
continues to be under the possession and control of the real owner of the land,
Marceliano Torralba.

24. Q: Do you have a copy of said TCT No. 292271?

A: Yes, Ma’am.

25. Q: Who issued the said TCT No. 292271?

A: The Register of Deeds.

26. Q: Particularly, who caused the release of the TCT No. 292271?
A: The Acting Register of Deeds, Atty. Melvin Castro of Register Deeds,
Alaminos City, Pangasinan allowed the issuance of a new title, TCT No. 292271
without requiring the original owner’s copy TCT No. 151669.

27. Q: You stated just a while that the Acting Register of Deeds allowed the
issuance of a new title without requiring the original owner’s copy to be presented,
what can you say about this act the Acting Register of Deeds?
 A: I submit that the said act of the Register of Deeds is not proper and thus
he is remiss of his duty in ascertaining carefully the documents presented to him
before allowing the registration of a property, or of cancelling the same for the
issuance of a new certificate.

28. Q: How can you say that he was lax in the performance of his duties?
A: Because had the Acting Register of Deeds, Atty. Melvin Castro properly
performed his job, he would have known that a Deed of Absolute Sale is actually
spurious. As a requirement, a Certificate Authorizing Registration from the Bureau
of Internal Revenue (BIR for brevity) should have been submitted to his office.

29. Q: How then would he know that the deed of absolute sale was spurious?
A: Simple scrutiny will reveal that the conveyance, assuming there was any,
was not supported by adequate consideration.

30. Q: What was the consideration reflected in the said document?

A: The consideration or purchase price, as indicated in Deed of Absolute
Sale is only Five Thousand Pesos (Php 5,000.00) or that the approximate price of
the land is ONLY FIFTY CENTAVOS FOR EVERY SQUARE METER for a parcel
of land which has an area of NINE THOUSAND FIVE HUNDRED FOUR (9,504)
square meters, more or less or almost one hectare.

31. Q: If there was any sale, what should be reflected as consideration/or

purchase price in the Deed of Absolute Sale?
A: Assuming there was any, the zonal valuation of real properties located in
the said barangay ranges from P100/sqm up to P1500/sqm. Thus, assuming that
the subject property can be classified in the least classification or lowest value,
the same should not be lower that P100/sqm.

32. Q: After the subject parcel of land was transferred in the name of Liza
Macaranas, what happened later?
A: Through the fraudulent issuance TCT No. 292271 under the name of Liza
Macaranas, she was able to mortgage the subject parcel of land to Rural Bank of
Central Pangasinan (Bayambang), Inc., in the amount of Five Hundred Thousand
Pesos (Php 500,000.00).

33. Q: Subsequently, after mortgaging the parcel of land, what happened next?
A: Thereafter, Liza Macaranas did not pay her obligation to the bank, and the
subject property was later foreclosed and acquired by the bank. Afterwards the
Rural Bank of Central Pangasinan (Bayambang), Inc., transferred in its name the
subject property. The same is now covered by TCT No. 026-2012000101.

34. Q: Are you willing to affix your signature in a document containing my

questions and your answers?
A: Yes, ma’am

IN WITNESS WHEREOF, I have hereunto affixed my signature this ____ day of

September 2016 in Dagupan City, Philippines.

REMEDIOS BUENO CODY

ID No. ______________
Valid up to___________
ID No. ______________
Valid up to___________
 Subscribed and sworn to before me this ___ day of September, 2016 at Dagupan
City, by the affiants, who exhibited to me competent proof of their identities.

Doc. No. ___

Page No. ___
Book No. ___
Series of 2016

ATTESTATION

I hereby attest under oath that I faithfully recorded or caused to be recorded the
questions asked the affiants and the corresponding answers that they gave; that there is
no other person present or assisting the affiant; nor have I coached the said affiant
regarding the latters’ answers taken in the office of the undersigned counsel at The
Baniqued Law Office, 3rd Floor, Rm 301, Del Pilar Place, Dagupan City. Philippines.

IN WITNESS WHEREOF, I have hereunto affixed my signature below this May

____ 2016 at Dagupan City. Philippines.

ATTY. GERALDINE UBANA- BANIQUED

Roll No. 40308
IBP Lifetime No. 02928
PTR No. 5523875 / January 4, 2016
Mangaldan, Pangasinan
MCLE Compliance No. V- 0004246/ October 20, 2014

SUBSCRIBED and SWORN to before me this ____ day of September 2016 at

Dagupan City, Philippines.

Authorized Official