You are on page 1of 4

1

REPUBLIC OF THE PHILIPPINES

Municipal Trial Court


BRANCH 6, CEBU CITY
7TH JUDICIAL REGION

PRIMARY STRUCTURES CONSTRUCTION


CORPORATION,
Plaintiff,
-VERSUS-

CIVIL CASE NO. _________


FOR: EJECTMENT

ARTURO CHOI,
and all persons claiming rights under him,
Defendants.
x--------------------------------------------------------x

JUDICIAL AFFIDAVIT
OF
AGAPITO V. DE VILLA
This Judicial Affidavit of AGAPITO V. DE VILLA, a private surveyor, is executed
to serve as his direct testimony as witness in the instant case, conducted and
supervised by Atty. Wella Jane D. Ata, counsel for the plaintiff in the office of
said counsel at #12 Dr. Su Drive, Nasipit, Talamban, Cebu City. Questions were
propounded by the same and these questions are numbered consecutively.
Each question is followed by the answer of the witness.
The Affiant was examined in English, in the language that Affiant
understands. Affiant answered each question fully conscious that she did so
under oath and may face criminal liability for false testimony and perjury.
Q1:
A1:

Q2:
A2:

Please state your name, age, address and other personal circumstances
for the record.
I am Agapito V. De Villa, 33 years of age, married, residing at Magsaysay
St, Lahug, Cebu City. I am a surveyor from the Land Registration
Authority tasked to conduct an actual ground verification survey of the
condo unit.
When were you hired by the plaintiff to survey his property and for
what purpose?
In 2011, Mr. Clarito Lim, the President of the PSCC bought a property
covering 127 square meters of land, and for verification he hired me to
survey the property if said land has accurate measurements, according
to him, he would build a condominium in said property to be completed

in 2013.
Q3:

Were you the same surveyor he hired when this ejectment case was
filed?

A3:

No, Maam. I was hired even before this ejectment case. Technically, I
made another survey of the land in early 2012.

Q4:
A4:

And for what purpose were you made a witness to this case?
Mr. Arturo Choi claimed that the property he is leasing is not the
property of Mr. Clarito Lim, the President of PSCC, Maam. Thus, I am
here to testify about the property.

Q5:

When you made the land survey in 2012, can you say that the plaintiff
actually built the condominium units presently, outside the actual
boundaries of his property?
No, Maam.

A5:
Q6:
A6:

What is the basis of the defendant in claiming that the plaintiffs


property is not within the boundaries?
A portion of the condominium unit, Maam which includes the area that
Mr. Arturo Choi is leasing actually surpassed the original territorial limit
of Mr. Lims property.

Q7:

How can you say in your previous statement (Q5), the plaintiff did not
build the condo unit outside of the boundaries of the property, when
you stated that the area Mr. Choi is leasing surpassed the boundary
limit? That sounded contradicting.

A7:

According to PSCC representative, Amanda Tan-Ong, Maam, an


additional lot has been sold to them by Mr. Tomas Chen in 2012 on top
of the original 127 square meters, as evidenced by a Deed of Sale of such
portion. That is also a reason why I made another survey of the land in
2012. The original dimension is 127 square meters, but with this sale,
an additional 80 square meters was added as an extension.

Q8: You made mention that the original dimension is only 127 square
meters.
What did PSCC do with the additional 80 square meters?
A8:

In early 2013, PSCC built an extension to the condominium covering the


area that Mr. Choi is currently leasing.

Q9:
A9:

How can you prove that the area Mr. Choi contracted a lease with the
plaintiff is indeed a property of PSCC?
I have the record of the land survey with me, Maam.

Q10: And this record contains the original survey plan of the property,
including the additional land extension?
A10: Yes, Maam.
IN WITNESS WHEREOF, I have hereunto set my hand this 25th day of
November 2014 at Cebu City.

AGAPITO V. DE VILLA
Affiant-Witness
PRC ID No. 00394767
Expiration Date: July 25, 2014

SUBSCRIBED AND SWORN to before me, this 25th day of November


2014 in Cebu City, affiant being personally known to me to be the same
person who executed this Judicial Affidavit and exhibiting to me his PRC ID
bearing No. 00394767 expiring on 07/25/2015.

Doc. No. 131;


Page No. I;
Book No. VI;
Series of 2014

ATTY. DANIEL L. ROMAN


NOTARY PUBLIC
UNTIL SEP. 13, 2016
ATTYS ROLL NO 87980
IBP NO. 345654 JANUARY 2013
ISSUED AT CEBU CITY

ATTESTATION
I, WELLA JANE D. ATA, of legal age, Filipino, single, with residence at #12 Dr.
Su Drive, Nasipit, Talamban, Cebu City, and a practicing lawyer, after having been
duly sworn to in accordance with law, hereby depose and state THAT:
I am the one who conducted and supervised the examination of the herein
complainant-affiant of this Judicial Affidavit.
I faithfully recorded or caused to be recorded the question I asked and the
corresponding answers that the herein complainant-affiant provided.
Neither I, nor any other person then present or assisting the complainantaffiant, coached regarding his answers to the questions asked.
ATTY. WELLA JANE D. ATA
Counsel for Complainant/Affiant
IBP OR No. 780324 12-29-13
Roll No. 25631
MCLE Compliance III 0000876 10-22-11
LTO Drivers License No. N08-89-003232
Expiry date: 2014-12-15
SUBSCRIBED AND SWORN to before me this November 25, 2014 at
Cebu City, Affiant exhibiting to me her Drivers License bearing No. N08-89-003232
expiring on 2014-12-15.
Doc. No. 131;
Page No. I;
Book No. VI;
Series of 2014
Copy furnished:
ATTY. MICHAEL B. SANTOS
Counsel for the Defendant
Lahug, Cebu City

ATTY. DANIEL L. ROMAN


NOTARY PUBLIC
UNTIL SEP. 13, 2016
ATTYS ROLL NO 87980
IBP NO. 345654 JANUARY 2013
ISSUED AT CEBU CITY