Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

10th Judicial Region
---------
City of Malaybalay

RHEA RIZZA P. MELLIZA, Civil Case No. 2364

Represented by her Attorney-
in-fact RHONA LYN
MELLIZA-OCAB
Plaintiff,
-versus- -for-

SPOUSES CONCORDIO FORCIBLE ENTRY AND

PINOHAN AND EPPIE LIPAY- DAMAGES WITH PRAYER
PINOHAN, REX GABAT, FOR WRIT OF PRELIMINARY
members of their household, MANDATORY INJUNCTION
relatives, heirs, assigns, and AND TEMPORARY
several JOHN DOES who have RESTRAINING ORDER AND
entered the property belonging STATUS QUO ANTE
to the Plaintiff upon the instance
of the named Defendants or acting
in their behalf
Defendants.
x------------------------------------------------x

JUDICIAL AFFIDAVIT of EPPIE L. PINOHAN

(In lieu of Direct Testimony)

OFFER OF EVIDENCE:

The testimony of Eppie L. Pinohan is being offered to prove the

following:

1. That she was born and raised in Purok 4, Dalwangan,

Malaybalay City, Bukidnon, where the subject property is
located;

2. That she did not sell the subject property to anyone;

3. That no forcible entry occurred on May 2, 2019; and

4. Other matters related to this case.

I, EPPIE L. PINOHAN, of legal age, Filipino, married, and a

resident of Purok 4, Dalwangan, Malaybalay City, Bukidnon, after
having been duly sworn to an oath in accordance with law, executes
this Judicial Affidavit, conducted by ATTY. DENCE CRIS L. RONDON
at Lagamon and Associates Law Office located at 2/F Jamstar
Building, Carillo-San Isidro Streets, Poblacion, Malaybalay,
Bukidnon, after the same was translated and explained to me in
Visayan dialect, in a question and answer form which shall
constitute as my direct testimony in Civil Case No. 2364, and fully
aware that I am answering the questions under oath and under pain
of criminal liability in case of any false or perjured testimony, to
wit:

QUESTION AND ANSWER

Legend: Q – Question A – Answer

1. Q : Madam Witness, will you please state your

name, age and personal circumstances?

A : I am Eppie Lipay Pinohan, 62 years old,

Filipino, married to Concordio Pinohan, a
housewife, and a resident of Purok 4,
Malaybalay City, Bukidnon.

2. Q : Why are you here in my office?

A : To testify in the case filed by one Rhea Rizza

P. Melliza represented by Rhona Lynn Melliza-
Ocab;

3. Q : What case are you referring to?

A : It is for the land that I and my husband own

located at Purok 4, Malaybalay City,
Bukidnon;

4. Q : What can you say about this case filed against

you?

A : All of what the complainant said are untrue

and are only fabrications since we have never
left the subject land;

5. Q : Do you know who is this Rhea Rizza P. Melliza?

A : No, I do not know her;

6. Q : Have you ever seen or met Rhea Rizza P.

Melliza?
 A : I have not.

7. Q : How about Concordio Pinohan, do you know

him?

A : Yes, he is my husband;

8. Q : For how many years have been married to

Concordio?

A : For about 36 years;

9. Q : Where did you and Concordio meet?

A : In Dalwangan;

10. Q : Were you blessed with children?

A : Yes, we have 7 children;

11. Q : Where were your children born?

A : They were all born at Purok 4, Dalwangan in

our house;

12. Q : Where is this house you are referring to located

in relation to the land subject of this case?

A : The house is in the subject land itself;

13. Q : You said you have been married to Concordio

for at least 36 years, where did you first settle
when you got married?

A : There in Dalwangan, Sir;

14. Q : In the span of 36 years did you leave

Dalwangan?

A : No, we did not;

15. Q : How about the land in question, did you ever

leave the same?

A : No, we did not;

16. Q : By the way, what do you use the land for, if any,
apart from it being the place your residence is
located?

A : It is used by my husband and my children as

our source of income thru farming;

17. Q : How about the ownership of this land, who

owns this, if you know?

A : It is me and my husband;

18. Q : Do you have a proof of such claim?

A : Yes, the title to the land is in the name of my

husband;

19. Q : Are you referring to Original Certificate of Title

No. P-, in the name of Concordio Pinohan, which
is already marked during the pre-trial of this
case as Annex “B”?

A : Yes, that is the one;

20. Q : To continue, have you ever sold the subject

land?

A : No, I did not;

21. Q : How about your husband, did he sell the land?

A : No, he did not because he would never sell the

same since it is the source of his livelihood
and we, his family, had been living in the land
for so many years;

22. Q : I am showing to you a document entitled “Deed

of Sale of Registered Land” allegedly executed
by Rhea Rizza P. Melliza, on the one hand, and
you and your husband on the other, please go
over this document, and please tell me if this
document is familiar to you.

A : No, I do not know what this document is, and

I did not, nor my husband signed the same;
23. Q : So, you nor your husband ever signed this
document?

A : No;

24. Q : Was there any untoward incident on that day of

May 2, 2019?

A : No, there was none;

25. Q : How about on May 3, 2019?

A : I noticed that there were policemen;

26. Q : What were the policemen doing there?

A : They were asking about who the owner of

the land is;

27. Q : Who were they asking that time?

A : Just everyone around there;

28. Q : Did anyone answer to the question?

A : Ocab answered that it is Concordio Pinohon

who is the owner;

29. Q : I no longer have any more questions, do you

have anything else to add, Mr. Witness?

A : None;

30. Q : Will you execute this Judicial Affidavit on your

own free will?

A : Yes, I will execute this Judicial Affidavit on

my own free will without any form of force,
violence or intimidation to attest to the truth
of the foregoing facts.

31. Q : Have you read and understood the contents of

this Judicial Affidavit?

A : Yes, I have read and have fully understood the

contents of this Judicial Affidavit.
 32. Q : Do you have anything more to add to your
testimony?

A : None.

No further questions.

Affiant further sayeth naught.