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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


National Capital Region
BRANCH 50, Manila

ENGR. SHEREEN DELA


CRUZ,
Plaintiff,

Civil Case No. 08-3636


-versus- For: EJECTMENT

MARCO REYES,
Defendant.
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JUDICIAL AFFIDAVIT
(OF DEFENDANT WITNESS MARCO REYES)

OFFER OF EVIDENCE

MARCO REYES, unto this Honourable Court, most


respectfully submits his Judicial Affidavit, which shall constitute his
testimony on direct examination and which is hereby being offered to
prove the following:

1) That on September 20, 2015, the plaintiff and the defendant


executed a Deed of Absolute Sale;
2) That by virtue of the said Deed, the plaintiff sold to the
defendant the same property covered by the Lease Contract
between the same parties;
3) That the as a result of the Deed of Sale, the defendant is now the
owner of the disputed property; and
4) Such other matters relevant to the instant proceedings and to
identify documents.
QUESTIONS AND ANSWERS

I, MARCO REYES, of legal age, single, Filipino and a resident of


1172-5A E.Quintos Sr. Street, corner Dapitan, Sampaloc, Metro
Manila, after having been duly sworn to in accordance with law,
hereby depose and state that the following is a faithful record of how I
was examined by Atty. ROUSE STEPHEN G. CEBREROS, on 3
February 2017, at his office at the 8 th floor, ABD Tower, Magsaysay
St., Quezon City, Philippines and that I responded fully conscious that
I was under oath and may face criminal liability for false testimony or
perjury:

Q1: Witness, please state your name, age, civil


status, residence and other personal
circumstances.
A1: I am MARCO REYES, of legal age, single,
Filipino and a resident of 1172-5A E.Quintos
Sr. Street, corner Dapitan, Sampaloc, Metro
Manila.

Q2: Do you confirm and affirm that you are


testifying fully conscious and aware that your
testimony is under oath and any falsity
herewith could result in criminal liabilities for
giving false testimony or for perjury?
A2: Yes, sir.

Q3: For the record, kindly state the name and


address of the counsel conducting this
examination and the place where it is being
conducted?
A3: The examining lawyer is Atty. Rouse Stephen
G. Cebreros at his office at the 8th floor, ABD
Tower, Magsaysay St., Quezon City, which is
the same place where the present examination
is taking place, sir.

Q4: What is your role in the instant case?


A4: I am the defendant in this case.

Q5: Why were you made the defendant in this


case?
A5: I was one of the parties to the execution of the
Contract of Lease and the Deed of Absolute
Sale, specifically as the lessee and the buyer,
respectively.
Q6: I am showing to you a Contract of Lease dated
02 September 2013, consisting of four pages.
Please examine the same and tell this
Honorable Court the relation of these
document to the one you were referring to a
while ago?
A6: Yes, that was the Contract of Lease I was
referring to.

Q7: Where is the property covered by the said


Contract exactly located?
A7: 1172-5A E.Quintos Sr. Street, corner Dapitan,
Sampaloc, Metro Manila, sir.

Q8: Who is the lessor in the said Contract?


A8: The plaintiff, Engr. Shereen Dela Cruz.

Q9: What is the period of the Contract of Lease?


A9: The period of the lease is from September 2,
2013 until September 2, 2016.

Q10: Were you able to finish the period provided in


the lease contract?

A10: No, sir.

Q11: Why?

A11: I bought the property before the end of the


period of the lease.

Q12: When?

A12: September 20, 2015, sir.

Q13: I am showing to you a Deed of Absolute Sale


dated 20 September 2015, consisting of two
pages. Please examine the same and tell this
Honorable Court the relation of these
documents to the one you were referring to a
while ago?
Q13: Yes, that was the Deed of Absolute Sale I was
referring to.

Q14: What was the consideration for the said


property?
A14: Money, sir.
Q15: How much?
A15: 2,500,000.00, sir.

Q16: Who received the money?


A16: The plaintiff himself, sir.

Q17: Who gave it to her?


A17: I did.

Q18: When?
A18: The same day the deed was executed.

Q19: Was there any other person present during the


execution of the deed?
A19: Yes, sir.

Q20: Who?
A20: Darwin P. Merrera and Emmanuela C.
Constancia

Q21: Why were they present during the execution of


the Deed of Absolute Sale?
A21: They acted as witnesses to the execution of the
deed, sir.

I have executed this Judicial Affidavit and affixed my signature


to attest to the truth and the veracity of all the foregoing facts for all
legal intents and purposes.

IN WITNESS WHEREOF, I have hereunto signed this


affidavit this 3rd day of February 2017 Quezon City, Philippines.

MARCO REYES
Affiant

SUBSCRIBED AND SWORN to before me this 3r d day of


February 2017 in Quezon City, Philippines.

ROUSE STEPHEN G. CEBREROS


Roll of Attorneys No. 55555
MCLE Compliance No. IV-67890

ATTESTATION

I, ROUSE STEPHEN G. CEBREROS, hereby attest under oath


as follows:

1. I am the lawyer who personally conducted the


examination of the witness Darwin Merrera.

2. I faithfully recorded the questions I asked and


the corresponding answers that the witness gave me; and

3. Nobody then present during the conduct of


this examination coached the witness in giving his
answers.

IN WITNESS WHEREOF, I hereby affix my signature this 3 rd


day of February 2017 at Quezon City, Philippines.

ROUSE STEPHEN G. CEBREROS


Roll of Attorneys No. 55555
MCLE Compliance No. IV-67890

SUBSCRIBED AND SWORN to before me this 3rd day of


February 2017 in Quezon City, Philippines.

ATTY. MARIA TERESA M. LAMPA


Counsel for Defendant

Copy furnished by personal service:

ATTY. DEE HAJJI HERRERA


5th Floor, Dominga Bldg. III,
2113 Chino Roces Ave. cor. Dela Rosa St., Makati City