REPUBLIC OF THE PHILIPPINES

Tenth Judicial Region

Municipal Trial Court
Branch ____
San Jose, Dinagat Island

HEIRS OF RENALDO RAZON,

Represented by REY JAZON,
Plaintiff,

- versus - Civil Case No. ______

For: Forcible Entry

GERONIMO PIEDAD,
Defendant,
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x

JUDICIAL AFFIDAVIT

This Judicial Affidavit of Peter Lim was executed to serve as his direct testimony in the instant

case. The Judicial Affidavit is offered to prove the following:

1. the allegation that the Defendant constructed a cyclone wire fence enclosing part of the

land owned by the Plaintiffs;

2. the allegation that the Defendant gathered coconuts from the land owned by the

Plaintiffs;

3. all mattes related thereto, with reservation to present additional exhibits in the course of

the proceedings of the instant case.

Questions were propounded by Plaintiff's counsel, Atty. Arkhe June P. Plaza in English, the

affiant fully understands, while ANSWERS were given by witness Peter Lim in Visayan dialect.

The witness was fully conscious that he did so under oath and that he may be criminally liable

for false testimony and perjury.

BACKGROUND OF THE CASE

Defendant Geronimo Piedad, fifty (50) years old, single and a resident of P-4, Wadas, Dinagat,

Dinagat Is. forcibly entered the land owned by the heirs of Renaldo Jazon located at P-4, Wadas,

Dinagat, Dinagat Is. and gathered 130 coconuts and appropriated the same.

PRELIMINARY QUESTIONS

Q1: Kindly state your name, and other personal circumstances for the benefit of the court.

A1: I am Peter Lim, married, thirty-six (36) years old and tenant of the herein Plaintiffs.
Q2: So you are the tenant of the Plaintiffs?

A2: Yes.

Q3: How long have you been as a tenant of the Plaintiffs?

A3: I have been a tenant since 1996 but I acquired tenancy from my father who first

occupied the land in 1975.

Q4: Do you know the defendant in this case?

A4: Yes. He is the owner of the land adjacent to the subject land owned by the heirs of

Renaldo Jazon, Plaintiffs of this case.

DIRECT EXAMINATION PROPER

Q5: Where were you last December 10, 2018?

A5: I was looking at the coconuts in the Plaintiffs land to see if they were ready for harvest.

Q6: How come that you happened to witness the gathering of coconuts of herein

defendants?

A6: When I came around 25 meters from the coconuts where they had their harvest, I saw

the herein defendant ordering his workers to climb another coconut trees, transfer

cyclone wired fences and gather coconuts. There were about 10 workers and the

defendant himself in the scene.

Q7: What did you then when you saw the defendant gathering the coconuts and ordering

his workers to climb those coconut trees and transfer and construct those cyclone wired

fences?

A7: I approached the defendant and asked him why he was harvesting the coconuts and if

he had secured permission from the owner, the herein Plaintiffs.

Q8: What then did he say?

A8: He did not answer immediately but later on said that he had the permission of Rey

Pazon. Meanwhile, he said that his workers should make it fast the transfer and

construction of cyclone wired fences.

Q9: So, they were doing that forcibly and stealthily by transferring and constructing the

cyclone wired fences and gathering coconuts?

A9: Absolutely sir.

Q10: Was this the first time that you saw the defendant gathering the coconuts?

A10: Yes sir. Certainly, the first time. Because I always have the time to monitor the activities

of the land from cultivating to harvesting. I also make sure that the fences are in good

condition, the coconuts are cared for good harvest and the land well guarded.

Q11: Did you call the herein Plaintiff of the said incident?

A11: Yes sir. But I called him only when I reached home which is about 300 meters from

from the place of incident.

Q12: What did the Plaintiff say?

A12: He told me that he did not give permission to herein defendant to gather coconuts and

there was no agreement to transfer and construct the cyclone-wired fences within the

portion of the Plaintiffs land.

Q13: What could possibly be the reason that the defendant did this?

A13: Maybe because of the lowering prices of copra sir which seem to hurt the coconut

farmers in our area. And we always had a conversation with my boss. the herein

plaintiff that maybe we should cut down this coconuts and replace them with falcata

trees as they are more profitable today.

Q14: Did you tell anyone including the defendant of the plan of cutting down the coconuts

and replacing them with falcata?

A14: Yes sir but only to Mr. Simon Dakugmata, my neighbor.

Q15: Why did you tell him the plan?

A15: It was because he has a falcata farm and we wanted to know where to buy seedlings

and to learn how to grow falcata trees.

Q16: So, it may be inferred from the facts that the herein defendant wanted to grab the

opportunity and the situation that because you're going to cut down the coconut trees,

the plaintiff doesn't need anymore his coconuts?

A16: Yes sir. The defendant found a way to gather these coconuts without the plaintiffs

permission.

Q17: But why was it that the defendant had to transfer and construct the cyclone wired fences

to make it appear that the portion of the land owned by the plaintiff was theirs?
A17: It was because of the boundary dispute between the Plaintiffs and defendant. Long

before, the defendant is always claiming that the portion of the land where they

harvested the coconuts is theirs and that they can present a sketch plan to prove the

boundaries of the land. But the Plaintiffs do not believe the contention of the Defendant

because their sketch plan was made out of mistake by their surveyor. The true

boundaries are reflected on the tax declaration and this can be proved by the survey

made by the Provincial Assessor's Office. The certified copies of the tax declaration and

the sketch map are marked as Exhibit A and A1.

Q18: How sure are you that the coconuts were really come from the land owned by Plaintiffs

and not from the defendant?

A18: I am very sure because there are concrete markings or muhon which served as

boundaries and the coconut trees where they had their harvest are within these

boundaries. Photos of the concrete markings and coconut trees are marked as Exhibits B

and B1.

Q19: Do you attest to the truthfulness of your statements and allegations in this Judicial

Affidavit?

A19: Yes.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 25th day of January

2019 at Surigao City, Philippines.

PETER LIM
Affiant

SUBSCRIBED AND SWORN to before me this 25th day of January 2019 at Surigao
City, Philippines. Complainant personally came and appeared with his Passport I.D. no
9786554423 issued on October 23, 2015 at Butuan City, bearing his photograph and signature,
known to me as the same person who personally signed the foregoing instrument before me and
avowed under penalty of law to the whole truth of the contents of said instrument.

ARKHE JUNE P. PLAZA

Notary Public
Commission Expires December 31, 2019
Roll No. 12366
IBP No. 69154; 1/3/12
PTR No. 012345; Surigao City; 4/28/18
MCLE No. 716322
 Email: arkhejuplaza@wtf.com/ Cell No. (0949) 456-1111

Doc. No: _______

Page No: _______
Book No: _______
Series of 2019
 ATTESTATION OF COUNSEL

I, ARKHE JUNE P. PLAZA, Notary Public, after having been sworn to in accordance with the
law do hereby depose and say:
1. That I have faithfully recorded or caused to be recorded the questions I asked and the
corresponding answers that witness, PETER LIM, gave;
2. That I have not, nor any other person present or assisting coached the witness
regarding the witness' answers; and
3. That I fully understand that any false attestation shall subject me to disciplinary action,
including disbarment.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 25th day of January
2019 Surigao City, Philippines.

ARKHE JUNE P. PLAZA

Counsel for the Plaintiffs

SUBSCRIBED AND SWORN to before me this 25th day of January 2019 at Surigao
City, Philippines.

ARKHE JUNE P. PLAZA

Notary Public
Commission Expires December 31, 2019
Roll No. 12366
IBP No. 69154; 1/3/12
PTR No. 012345; Surigao City; 4/28/18
MCLE No. 716322
Email: arkhejuplaza@wtf.com/ Cell No. (0949) 456-1111

Doc. No: _______

Page No: _______
Book No: _______
Series of 2019