xxx Judicial Region

REGIONAL TRIAL COURT

xxx, Rizal

Branch No. xx

HEIRS OF SPS. SERAFIN xxx

AND LUZ xxx, SPS.

LUZ xxx AND

SERAFIN xxx; and

Xxx RESORT,

INCORPORATED, Civil Case No. xxx

Plaintiffs,

- versus – For: Annulment of Transfer

Certificate of Title No.

LEONORA xxx, xxx; Etc.

Annulment of

And Those Acting Under

Her Authority; and the

REGISTER OF DEEDS OF

RIZAL

Defendants.

x---------------------------------------------x

JUDICIAL AFFIDAVIT

(Rule on Judicial Affidavit,

A.M. No. 12-8-8-12, September 4, 2012)

I. PRELIMINARY INFORMATION.

NAME AND OTHER PERSONAL CIRCUMSTANCES OF THE WITNESS.

Name : IRENE xxx

Age : xxx;

Address : xxx St., xxx, Rizal;

Occupation : Housewife;

Language : English and Tagalog.

LAWYER WHO CONDUCTED OR SUPERVISED THE EXAMINA TION OF THE WITNESS.

Name : Atty. MANUEL J. LASERNA JR.

Address : LASERNA CUEVA-MERCADER LAW

OFFICES, Unit 15, Star Arcade, C.V. Starr Ave., Philamlife Village, Las Pinas City 1740.

Place of Examination: LASERNA CUEVA-MERCADER LAW OFFICES,

Law Offices, Unit 15, Star Arcade, C.V. Starr Ave., Philamlife Village, Las Pinas City 1740.

II. OFFER.

The testimony of the witness Irene Xxx-Xxx is being offered to prove the:

1. The identity of the real property subject matter of this case;

2. The questioned land title in the name of the defendant covering the subject property;

3. The antecedent land titles of the questioned land title of the defendant;

4. The legal history of the antecedent and the current/questioned land titles;

5. The identities of the legal heirs/plaintiffs claiming the subject property;

6. The identities of the predecesors-in-interest/decedents of the said legal heirs/plaintiffs;

7. The legal bases for the claim/prayers of the plaintiffs.

III. JUDICIAL AFFIDAVIT PROPER.

I, IRENE XXX, xxx years old, married, Filipino, and residing at xxx St., xxx, Rizal, under oath, depose:

Q – Please state your name, age, residence, and occupation of the witness.

A– I am IRENE XXX-XXX, 51 years old, married,

residing at xxx St., xxx, Rizal, and a Housewife.

Q- Why are you here now?

A – To give a sworn statement by way of a judicial affidavit, the

same to constitute as my direct testimony, in the above-captioned

civil case.
Q- For the record, please state the name and address of the

Lawyer who is now conducting or supervising your examination and the place where the
examination is being held now?

A – The legal counsel for the plaintiffs, Atty. Manuel J. Laserna Jr.,

is conducting or supervising my examination now at his law office

(Laserna Cueva-Mercader Law Offices) located at:

Unit 15, Star Arcade, C.V. Starr Ave., Philamlife Village,

Las Pinas City 1740.

Q – In what language do you want your examination to be conducted?

A– This judicial affidavit is prepared in English.

But I prefer that my cross examination be conducted in

Tagalog for my convenience and for clarity.

Q – Do you undertake to answer the questions to be asked of you, fully conscious that you will do so
under oath, and that you may face criminal liability for false testimony or perjury?

A -Yes.

6. Q – Let us now proceed to the Complaint. Do you know the

plaintiffs “Heirs of (the deceased) Sps. Serafin Xxx and Luz Xxx-Xxx (Heirs of the Sps. Xxx)”, namely:

a. Josefina Xxx and

b. The children of Jose Manuel Xxx, namely:

 i. Ken Jefferson Xxx,

ii. Kate Jennelyn Xxx,

iii. Katty Jane Xxx, and

iv. Kris Jennifer Xxx?

A – Yes. They are relatives of mine.

7. Q – Do you the plaintiffs “Heirs of (the deceased) Sps. Luz

Xxx-Xxx and Serafin Xxx”, namely:

a. Irene Xxx Xxx and

b. Yvette O. Xxx?

A- Yes.

I am Irene A. Xxx. Yvette O. Xxx is my sister.

8. Q- Do you know the plaintiff “xxx RESORT,

INCORPORATED”, represented in this case by its President

xxx FLORANTE xxx?

A – Yes.

Xxx Resort Inc., thru its President, xxx Florante

Xxx, has bought from the plaintiffs the real property subject matter of this case.

9. Q- Do you know the defendant in this case, LEONORA

XXX?
A – Yes. She is a relative of my mother’s first husband.

My deceased mother was LUZ XXX VDA. DE XXX.

Her first husband was SERAFIN XXX (deceased).

10. Q - Why are your testifying in this case?

A– I am testifying in this case as an heir of the deceased Sps. Luz

Xxx-Xxx and Serafin Xxx.

I am a co-plaintiff in this case.

This case is for:

a. Annulment of Transfer of Certificate of Title No. xxx registered in the name of defendant LEONORA
XXX (“Xxx”), and all persons acting under her authority, covering a parcel of land located in Barrio
Balimbing, Municipality of Xxx, Rizal (“subject property”);

b. Accion Reivindicatoria or recovery of the ownership of the subject property from defendant XXX
and persons acting under her authority in favor of XXX RESORT as the BUYER of the subject property
from the plaintiffs;

c. Recovery of the possession of the subject property from defendant XXX and persons acting under
her authority in favor of XXX RESORT as the BUYER of the subject property from the plaintiffs;

d. DAMAGES based on the provisions of ABUSE OF RIGHT (pursuant to Articles 19 and 20 of the Civil
Code) and TORT or QUASI DELICT and TORT/DAMAGES (pursuant to Article 2176 and the damages
provisions of the Civil Code).

11. Q - Are you familiar with the real property subject matter of this
case?

A- Yes. I live in Xxx, Rizal, where the subject pr0perty is also

located and I always visit the subject property.

12. Q - Can you describe the subject property?

A- Yes. The subject property is a parcel of land registered in the

name of the defendant XXX under Transfer of Certificate of Title (TCT) No. xxx, issued by the Registry of
Deeds of the Province of Rizal on xxx, 1981.

It is covered by Tax Declaration No. xxx in the name of defendant Xxx with an assessed value of Pxxx.

It has an area of xxx SQUARE METERS, more or less.

13. Q - Are you familiar with the history of the land title of the

subject pr0pety registered in the name of the defendant

Xxx?

A– Yes.

I have researched and investigated the history of the

subject property before we filed this case.

I have also interviewed the living elders of our clan (heirs of Juez Manuel Xxx) about the history of the
subject property. I was assisted in the research and investigation by my husband, Jose J. Xxx, and the
lawyers for the plaintiffs, the Laserna Cueva-Mercader Law Offices.

14. Q – Who is the deceased Juez Manuel Xxx?

A- The deceased Juez Manuel Xxx is the grandfather of the

plaintiffs and the defendant Xxx.

He was the original registered owner of a parcel of land under Certificate of Title No. xxx by the Register
of Deeds of the Province of Rizal, pursuant to a Sales Patent No. xxx issued xxx, 1927, located in Xxx,
Rizal with an area of fifteen (15) hectares.

15. Q – Who was the wife of Juez Manuel Xxx?

A– The wife of Juez Manuel Xxx was the deceased Pelagia R. Xxx.

The late Juez Manuel Xxx and the late Pelagia Xxx were lawfully married to each other on xxx, 1924 in
Xxx, Rizal.

16. Q – What is the relation of Pelagia Xxx to the subject

property?

A- On xxx, 1922, the late Pelagia Xxx was issued

Certificate of Title No. xxx by the Register of Deeds of the Province of Rizal, pursuant to Sales Patent No.
xxx, for a parcel of land located in Xxx, Rizal with an area of xxx hectares.

The property formed part of her conjugal partnership with her husband, the deceased Juez Manuel Xxx.

17. Q – When did Juez Manuel Xxx die?

A – Juez Manuel Xxx died on xxx, 1949.

18. Q – When did Pelagia Xxx die?

A- Pelagia Xxx died on xxx, 1957.

19. Q – Who were the heirs of the deceased Sps. Juez

Manuel Xxx and Pelagia Xxx?

A– The heirs of the deceased Spouses Juez Manuel Xxx and

Pelagia Xxx was their only surviving child and their only heir Serafin Y. Xxx.

As the only surviving child and the only heir of the deceased Sps. Juez Manuel Xxx and Pelagia Xxx,
Serafin Xxx inherited the abovementioned parcels of land owned by his deceased parents.

20. Q – What legal instrument did Serafin Xxx execute

to cause the transfer of the ownership of the estate of his deceased parents in his name?

A- In xxx 1958, Serafin Xxx executed an Affidavit of

Adjudication.

21. Q - What happened next?

A- On November 10, 1958, Transfer Certificate of Title

(TCT) No. xxx was issued by the Registry of Deeds of the Province of Rizal in the name o Serafin Xxx.

22. Q – Do you know the wife of Serafin Xxx?

A– Yes. Serafin Xxx married Luz Xxx on xxx, 1952 in Cardona, Rizal.