Republic of the Philippines

REGIONAL TRIAL COURT

Sixth Judicial Region
Branch 68
Iloilo City

PAUL GO,
Plaintiff,

-versus- : Civil Case No. 1893-1902

For: Specific Performance and
ASHFORD INTERNATIONAL, Preliminary Injunction
INC., and HANS TIU,
Defendants.
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JUDICIAL AFFIDAVIT

I, HANS TIU, of legal age, Filipino citizen, and a resident of Lapaz,

Iloilo City, Philippines, a business man by profession, after having sworn
hereby state, that:

1.) Q: You said your name is Hans Tiu. How are you related to the
Hans Tiu who is one of the defendants in this case?
A: I am the same Hans Tiu who is one of the defendants in this
case.

2.) Q: As one of the defendants in this case, have you read the
complaint of Paul Go against you?
A: Yes, I have read the complaint.

3.) Q: What do you say against the complaint of Paul Go?

A: Her allegations against me and my co-defendant Ashford are
not true.

4.) Q: Why do you say that the allegations against you and your co-
defendant Ashford are not true?
A: I bought the property after determining that there was no
encumbrance or limitaiton on the ownership of Ashford
International, Inc.

5.) Q: When you said you bought the property after determining
that there was no encumbrance or limitaiton on the
ownership of Ashford International, Inc., what did you do?
A: I checked the certificate of title of Ashford International, Inc.,
at the Registry of Deeds for the City of Iloilo if there was any
encumbrance or limitation on the ownership of Ashford
Internaitonal, Inc., that was annotated on the title.

6.) Q: When you said that you checked the certificate of title of
Ashford International, Inc., at the Registry of Deeds for the
City of Iloilo, what certificate of title are you referring to?
A: The certificate of title in the name of Ashford Internaitonal,
Inc., ovre the parcel of land subject of this case, and this

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 refers to Transfer Certificate of Title No. T-249017 of the
Registry of Deeds for the City of Iloilo.

7.) Q: Please tell us, wheh you checked Transfer Certificate of Title
No. T-249017 of the Registry of Deeds for the City of Iloilo,
what di you specifically do?
A: I went to the Registry of Deeds for the City of Iloilo and
examined the duplicate original copy that is deposited there.
After examining it, I requested a certified true copy and was
thereafter issued one.

8.) Q: Did you bring with you that certified true copy of the Transfer
Certificate of Title No. T-249017 of the Registry of Deeds for
the City of Iloilo?
A: Yes, I did bring the certified true copy of the Transfer
Certificate of Title No. T-249017 of the Registry of Deeds for
the City of Iloilo with me today. I am showing to you a copy.

9.) Q: Why do say that this is the certified true copy of the Transfer
Certificate of Title No. T-249017 of the Registry of Deeds for
the City of Iloilo that was issued to you?
A: This was the same copy that was given to me by the Office of
the Registry of Deeds for the City of Iloilo. It is also printed
on government issued security paper, and duly authenticated
by the Registry of Deeds for the City of Iloilo.

Atty. Bermudes: Copy of the certified true copy of the Transfer Certificate
of Title No. T-249017 of the Registry of Deeds for the
City of Iloilo is hereto atatched as Exhibit “1-Tiu”.

10.) Q: Can you please tell us what did you find out when you
examined the copy of the Transfer Certificate of Title No. T-
249017 of the Registry of Deeds for the City of Iloilo?
A: After examining the copy of the Transfer Certificate of Title
No. T-249017 of the Registry of Deeds for the City of Iloilo, I
found out that there was no annotation of any document
indicating any encumbrance against Ashford Internaitonal,
Inc., or limitation to its ownership.

11.) Q: By the way, you earlier said you bought the property of
Ashford International, Inc. How did you know that it was
selling its property?
A: A friend of mine, who happens to be an agent of Ashford
International Inc., told me that their company is selling the
land covered by Transfer Certificate of Title No. T-249017 of
the Registry of Deeds for the City of Iloilo.

12.) Q: Can you tell me when was this that you learned that Ashford
International, Inc., was selling its property covered by
Transfer Certificate of Title No. T-249017 of the Registry of
Deeds for the City of Iloilo?
A: On 10 November 2004, I learned that Ashford International,
Inc., was selling its property covered by Transfer Certificate
of Title No. T-249017 of the Registry of Deeds for the City of
Iloilo. I made my offer on the same day to Ashford
International, Inc., that I inted to buy the property at

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 P500,000,000.00.

13.) Q: When you say you made your offer on the same day to
Ashford International, Inc., that you intend to buy the
property at P500,000,000.00, to whom from Ashford
International, Inc., did you make the offer?
A: I made the offer to Dorcas Pacheco, the President and Chief
Executive officer of Ashford International, Inc.

14.) Q: Can you recall if where did you make the offer to Dorcas
Pacheco, the President and Chief Executive officer of Ashford
International, Inc.?
A: Yes, I can recall. I made the offer at the office of Dorcas
Pacheco at Ashford International, Inc., at Nanaynipakyaw
Street, General Santos City.

15.) Q: Do you remember if who were present at the office of when

you made the offer at the office of Dorcas Pacheco?
A: Dorcas Pacheco was present. Paul Go was also there.

16.) Q: When you said Paul Go, is he the same Paul Go who is the
plaintiff in this case?
A: Yes I was referring to Paul Go who is the plaintiff in this case.

17.) Q: How do you know that it was Paul Go who is the plaintiff in
this case?
A: We were introduced by Dorcas Pacheco, and I can identify
the Paul Go who was introduced to me.

18.) Q: If Paul Go is present in the courtroom, can you identify him?

A: Yes, I can.

19.) Q: You said you offered to Dorcas Pacheco your intention to

purchase the parcel of land then covered by Transfer
Certificate of Title No. T-249017 of the Registry of Deeds for
the City of Iloilo. Can you tell us what was the action to your
offer?
A: Dorcas Pachec accepted my offer.

20.) Q: How did Dorcas Pacheco inform you that he accepted your
offer?
A: He personally told me.

21.) Q: Who was present when he personally told you that he is

accepting your offer to purchase?
A: Paul Go was present.

22.) Q: What happened after Dorcas Pacheco accepted your offer to

purchase?
A: We agreed that the next day, we will execute the Deed of
Absolute Sale.

23.) Q: Was the Deed of Absolute Sale executed the next day as you
agreed?
A: Yes, on 11 November 2004, Dorcas Pacheco executed the
deed of absolute sale, I paid him the P500,000,000.00, and

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 thereafter he delivered the Transfer Certificate of Title No. T-
249017 of the Registry of Deeds for the City of Iloilo to me.

24.) Q: Do you have a copy of the Deed of Absolute Sale that you
executed?
A: Yes, I have an original copy and I am showing it to you.

25.) Q: Why do you say that this is the Deed of Absolute Sale that
you are referring to?
A: I was personally present when Dorcas Pacheco signed the
Deed of Absolute Sale. It was after he signed it that I gave
the P500,000,000.00.

Atty. Bermudes: Copy of the Deed of Absolute Sale is hereto atatched as

Exhibit “2-Tiu”.

26.) Q: Aside from the Deed of Absolute Sale, was there any other
document that was executed in relation to the sale of the
parcel of land covered by covered by Transfer Certificate of
Title No. T-249017 of the Registry of Deeds for the City of
Iloilo?
A: Yes. A Certification of Board Resolution was also executed
by the corporate secretary of Ashford International, Inc.,
authorizing Dorcas Pacheco to sign and execute the Deed of
Absolute Sale involving the said parcel of land.

27.) Q: Do you have a copy of that Certification of Board Resolution

that you are referring to?
A: Yes. I am showing to you an original copy of the Certification
of Board Resolution that was issued to me.

28.) Q: Why do you say that this is the Certification of Board

Resolution that was issued to Dorcas Pacheco to sign and
execute the Deed of Absolute Sale involving the said parcel of
land?
A: The certification was issued by the corporate secretary, was
duly notarized by a notary public.

Atty. Bermudes: Copy of the Certification of Board Resolution is hereto

atatched as Exhibit “3-Tiu”.

29.) Q: After the Deed of Absolute Sale that is marked as Exhibit “2-
Tiu” was executed, can you tell me what happened next?
A: Since all the documents necessary for the transfer of
registration has been given to me, I caused the transfer of
registration of the parcel of land to my name.

30.) Q: Was the registration of the parcel of land eventually

transferred to you?
A: Yes, it was.

31.) Q: Can you please inform us if what is the certificate of title that
was transferred to you?
A: Transfer Certificate of Title No. T-345123 of the Registry of
Deeds for the City of Iloilo.

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32.) Q: Do you have a copy of the Transfer Certificate of Title No. T-
345123 of the Registry of Deeds for the City of Iloilo?
A: Yes, I have. I brought with me a machine copy of the title, as
well as the original owner’s duplicate. I cannot submit the
original owner’s duplicate certificate but if the machine copy
can be compared to it, you will see that it is a faithful
reproduction of the original.

33.) Q: Why do you say that this is the Transfer Certificate of Title
No. T-345123 of the Registry of Deeds for the City of Iloilo
that was issued to you?
A: I was the one who personally received the owner’s original
duplicate certificate that I presented. It also bears my name,
and was duly issued by the Registry of Deeds for the City of
Iloilo.

Atty. Bermudes: Copy of the Transfer Certificate of Title No. T-345123 of

the Registry of Deeds for the City of Iloilo is hereto
atatched as Exhibit “4-Tiu”.

34.) Q: Other than causing the transfer of the registration of

ownership of the aprcel of land, were there other things that
you did after the execution of the Deed of Absolute Sale
marked as Exhibit “2-Tiu”?
A: Yes. I had the ground-breaking ceremony so that I can begin
the construction of a new building there.

35.) Q: When you examined the old certificate of title of Ashford

International, Inc., other than the fact that there was no
ecumbrance or limitation on the ownership of ashford
International, Inc., were there any other document or fact
that you discovered?
A: Yes, I did.

36.) Q: What did you discover?

A: I discovered the documents concering how Ashford
International, Inc., acquired ownership over the property
subject of this case.

37.) Q: What were these documents that you are referring to?
A: Deed of Real Estate Mortgage, executed by Plaintiff in favour
of defendant Ashford; Demand Letter, dated 01 July 2000,
addressed to Plaintiff from defendant Ashford; Promissory
Note with Chattel Mortgage executed by the Plaintiff in favour
of defendant Ashford; Petition for Extrajudicial Foreclosure of
Real Estate Mortgage filed by defendant Ashford against
plaintiff; and Notice of Sale at Special Public Auction.

38.) Q: What are these documents about?

A: It is about the fact that Paul Go mortgaged the property
subject of this case to Ashford International, Inc., and which
he failed to pay. It was later forclosed by Ashford
International, Inc., and sold at public auction. The property
was sold to Ashford International, Inc.

39.) Q: Do you have copies of these documetns that you are referring

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 to?
A: Yes I have, and I am showing them to you.

40.) Q: Why do you say that these are the documents that you
discovered the documents concering how Ashford
International, Inc., acquired ownership over the property
subject of this case?
A: These are the documents that I examined at the Registry of
Deeds of Iloilo City, and which I requested for certified true
copies. These are the certified true copies that were given to
me by the Registry of Deeds and that re printed on security
paper.

Atty. Bermudes: Copy of the Deed of Real Estate Mortgage is hereto

atatched as Exhibit “5-Tiu”.

Copy of the Demand Letter, dated 01 July 2000is

hereto atatched as Exhibit “6-Tiu”.

Copy of the Promissory Note with Chattel Mortgage is

hereto atatched as Exhibit “7-Tiu”.

Copy of the Petition for Extrajudicial Foreclosure of

Mortgage is hereto atatched as Exhibit “8-Tiu”.

Copy of the Notice of Sale at Public Auctionis hereto

atatched as Exhibit “9-Tiu”.

41.) Q: Can you please tell us what was your reaction when you
learned that Paul Go filed this case against you?
A: I am a respected businessman. I am very serious in my
business. I am a leader in my industry that I am involved in
and a lot of people look up to me. For Paul Go to imply that I
and Ashford International, Inc., deceived him, and that he is
asking for the cancellation of the sale in my favor, has
caused me great embarassment and humiliation, I was not
able to sleep thinking about the embarassment Paul Go has
caused me.

42.) Q: If that feelings of embarassment, humiliation, and sleepless

nights are quantified in the context of money, how much
would that be?
A: It will not be less than P10,000,000.00

43.) Q: Because you were joined as one of the defendants in this

case, what did you do?
A: I ahd to engage the services of my counsel and I ahd to pay
him attorney’s fees of P1,000,000.00, and appeareance fee of
P5,000.00 for each hearing of this case.

44.) Q: Have you paid the fees of your lawyer?

A: Yes. I am showing to youe an official receipt of my counsel
showing that I have fully paid his fees.

45.) Q: Why do you say that this is the official reciept showing you
have fullypaid your counsel’s fees?
A: It is indicated there that the receipt was issued for the
payment of P1,000,000.00 fees of my counsel in the

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 handlling of this case. Itw as also signed by my counsel in
my presence after I paid his fees.

Atty. Bermudes: Copy of the Official Receipt is hereto atatched as Exhibit

“10-Tiu”.

46.) Q: Other than the fees of your counsel, were there other
expenses that you incurred?
A: Yes, we estimate that we will incur an expense of not less
than P500,000.00 which the plaintiff should reimburse.

47.) Q: Is there anything more that you ask from the Honorable
Court?
A: I asked that by way of example or correction for the public
good, the amount of P5,000,000.00 should be assessed
against the plaintiff.

48.) Q: Do you have anything more to say?

A: None at the moment.

49.) Q: What is the name and address of the counsel who conducted
this examination, and where was the venue of the
examination?
A: The name of the lawyer is Atty. Cyrille Kae Bermudes of
Teampura and Associates located at 5th Floor, A-Z Building,
123 R. Mapa Street, Molo, Iloilo City. This examination was
conducted in his said office.

50.) Q: In answering the questions herein, do you swear to the truth

thereof, and are you fully conscious that you are under oath,
and may face criminal liability for false testimony or perjury?
A: I swear to the truth hereof, and that I affirm that I am fully
conscious that I am under oath, and may face criminal
liability for false testimony or perjury.

IN WITNESS WHEREOF, I have hereunto set my hand this 23 day

of May, 2015in the City of Iloilo, Philippines.

HANS TIU

SUBSCRIBED and SWORN to before me this 13th day of June 2016

in the City of Iloilo, Philippines, the principal appeared in person,
presented the foregoing integrally complete instrument, signed the same
in my presence, and affirmed under oath to the truth and correctness of
the allegations of the same. The principal exhibited to me his TIN I.D.
No. 123-234-434.

Doc. No. 22;

Page No. 33;
Book No. V;
Series of 2019.

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 SWORN ATTESTATION

I, CYRILLE KAE BERMUDES, of legal age, Filipino citizen, married

and with postal address at of Teampura and Associates located at 5th
Floor, A-Z Building, 123 R. Mapa Street, Molo, Iloilo City,, Philippines,
after having sworn hereby state that:

1.) I was the lawyer who conducted and supervised the

examination of HANS TIU in relation to his judicial affidavit in the above-
captioned cases;

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

asked and the corresponding answers that the said witness gave;

3.) Neither I nor any other person then present or assisting me

coached the said witness regarding the latter’s answers;

4.) I swear to the truth hereof, and that I affirm that I am fully
conscious that I am under oath, and may face disciplinary action,
including disbarment, for false attestation.

IN WITNESS WHEREOF, I have hereunto set our hands this 20th

day of March 2019 in the City of Iloilo, Philippines.

CYRILLE KAE BERMUDES

SUBSCRIBED and SWORN to before me this 20th day of March

2019, in the City of Iloilo, Philippines. The principal, appeared in person,
presented the foregoing integrally complete instrument, signed the same
in my presence, and affirmed the truth and correctness of the contents
or allegations of the same.

The principal is personally known to me and he exhibited to me his

IBP (Iloilo) membership card with no. 696969, bearing her name,
photograph, and signature.

ATTY. ANN MARGARET P. DY

Notary Public for Iloilo City
Room 302, La Sallette Building
Valeria Street, Iloilo City 5000;
Appointment No. 123,
Until December 31, 2019
PTR No. 1231234; 2/14/16; Iloilo City
IBP No. 1231234; 3/14/15; Iloilo City
Roll of Attorneys No. 12345
Serial No. of Commission M-123

Doc. No. 22;

Page No. 33;
Book No. V;
Series of 2019