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Judicial Affidavit
Judicial Affidavit
JUDICIAL AFFIDAVIT
(Rule on Judicial Affidavit,
A.M. No. 12-8-8-12, September 4, 2012)
I. PRELIMINARY INFORMATION.
II. OFFER.
The testimony of the witness Irene Xxx-Xxx is being offered to prove the:
2. The questioned land title in the name of the defendant covering the subject property;
3. The antecedent land titles of the questioned land title of the defendant;
4. The legal history of the antecedent and the current/questioned land titles;
I, IRENE XXX, xxx years old, married, Filipino, and residing at xxx St., xxx, Rizal, under oath, depose:
1. Q Please state your name, age, residence, and occupation of the witness.
3. Q- For the record, please state the name and address of the
Lawyer who is now conducting or supervising your examination and the place where the examination
is being held now?
A The legal counsel for the plaintiffs, Atty. Manuel J. Laserna Jr.,
is conducting or supervising my examination now at his law office
(Laserna Cueva-Mercader Law Offices) located at:
5. Q Do you undertake to answer the questions to be asked of you, fully conscious that you
will do so under oath, and that you may face criminal liability for false testimony or perjury?
A -Yes.
6. Q Let us now proceed to the Complaint. Do you know the
plaintiffs Heirs of (the deceased) Sps. Serafin Xxx and Luz Xxx-Xxx (Heirs of the Sps. Xxx), namely:
A- Yes.
A Yes.
a. Annulment of Transfer of Certificate of Title No. xxx registered in the name of defendant LEONORA XXX
(Xxx), and all persons acting under her authority, covering a parcel of land located in Barrio Balimbing,
Municipality of Xxx, Rizal (subject property);
b. Accion Reivindicatoria or recovery of the ownership of the subject property from defendant XXX and
persons acting under her authority in favor of XXX RESORT as the BUYER of the subject property from the
plaintiffs;
c. Recovery of the possession of the subject property from defendant XXX and persons acting under her
authority in favor of XXX RESORT as the BUYER of the subject property from the plaintiffs;
d. DAMAGES based on the provisions of ABUSE OF RIGHT (pursuant to Articles 19 and 20 of the Civil Code)
and TORT or QUASI DELICT and TORT/DAMAGES (pursuant to Article 2176 and the damages provisions
of the Civil Code).
11. Q - Are you familiar with the real property subject matter of this
case?
It is covered by Tax Declaration No. xxx in the name of defendant Xxx with an assessed value of Pxxx.
13. Q - Are you familiar with the history of the land title of the
subject pr0pety registered in the name of the defendant
Xxx?
A Yes.
I have researched and investigated the history of the
subject property before we filed this case.
I have also interviewed the living elders of our clan (heirs of JuezManuel Xxx) about the history of the
subject property. I was assisted in the research and investigation by my husband, Jose J. Xxx, and the
lawyers for the plaintiffs, the Laserna Cueva-Mercader Law Offices.
He was the original registered owner of a parcel of land under Certificate of Title No. xxx by the Register of
Deeds of the Province of Rizal, pursuant to a Sales Patent No. xxx issued xxx, 1927, located in Xxx, Rizal
with an area of fifteen (15) hectares.
A The wife of Juez Manuel Xxx was the deceased Pelagia R. Xxx.
The late Juez Manuel Xxx and the late Pelagia Xxx were lawfully married to each other on xxx, 1924 in Xxx,
Rizal.
16. Q What is the relation of Pelagia Xxx to the subject
property?
The property formed part of her conjugal partnership with her husband, the deceased Juez Manuel Xxx.
As the only surviving child and the only heir of the deceased Sps. Juez Manuel Xxx and Pelagia
Xxx, Serafin Xxx inherited the abovementioned parcels of land owned by his deceased parents.
A Yes. Serafin Xxx married Luz Xxx on xxx, 1952 in Cardona, Rizal.
A- The legal heirs of Serafin Xxx heirs were his widow Luz Xxx Vda de Xxx and their two (2) children
Josefina Xxx and Jose Manuel Xxx.
25. Q How did the legal heirs of the deceased Serafin Xxx
partition his estate?
A The parcel of land covered by TCT No. xxx
registered in the name of Serafin Xxx, married to Luz Xxx, with an area of xxx square meters, was
subsequently divided into three parcels, with separate three (3) titles, in the names of Luz Vda De Xxx
1/3; Josefina Xxx 1/3; and Jose Manuel Xxx 1/3, to wit:
a. Luz Vda. De Xxx - TCT No. xxx with an area of xxxsquare meters (representing her conjugal share plus her
legitime from the estate of her deceased husband Serafin Xxx);
b. Josefina Xxx - TCT No. xxx with an area of xxx square meters (representing her legitime from the estate of
her deceased father Sarafin Xxx); and
c. Jose Manuel Xxx - TCT No. xxx with an area of xxx square meters (representing his legitime from the estate
of her deceased father Sarafin Xxx).
The Plan of Subdivision Survey made for the estate of the deceased Serafin Xxx (TCT No.xxx) was made by
Private Land Surveyor Julian B. Santos in 1959.
26. Q - Are you familiar with the parcel of land covered TCT No. xxx in the name of Luz Vda. De Xxx, the
widow of Serafin Xxx?
27. Q When Serafin Xxx died in 1958, how old were his
children Josefina Xxx and Jose Manuel Xxx.
A- At the time of the death of Serafin Xxx in 1958, his two (2) surviving children, namely, Josefina Xxx and Jose
Manuel Xxx, were still both minors.
Josefina Xxx was born on xxx, 1954 and she was only over three (3) years old when her Father Serafin Xxx
died.
Jose Manuel Xxx was born on xxx, 1957 and he was only slightly over one (1) year old when his father Serafin
Xxx died.
a. Deed of Absolute Sale, dated xxx, 1974, allegedly executed by Luz Xxx Vda De Xxx in favor of Gregoria Xxx
Xxx for Pxxx covering her one-third share on the parcel of land covered by TCT No. xxx.
b. Deed of Absolute Sale, dated xxx, 1977, allegedly executed by Josefina Xxx in favor of Gregoria Xxx Xxx for
Pxxx covering her one-third share on the parcel of land covered by TCT No. xxx.
c. Deed of Absolute Sale, dated xxx, 1979, allegedly executed by Jose Manuel Xxx in favor of Gregoria Xxx
Xxx for Pxxx covering his one-third share on the parcel of land covered by TCT No. xxx.
30. Q Why do you say that the said three (3) deeds of sale (c. 1974, 1977, and 1979) were void and
simulated?
a. The alleged signature of Luz Vda De Xxx on the alleged Deed of Absolute Sale, dated XXX, 1974 was not
the true signature of Luz Xxx Vda De Xxx.
Thus, the alleged signature of Luz Xxx Vda De Xxx was a forgery.
The said Deed of Absolute Sale is NULL and VOID ab initio and INEFFECTIVE for lack of consent.
b. Moreover, the alleged consideration of Pxxx for the sale of the 1/3 share of Luz Xxx Vda De Xxx on the
parcel of land under TCT No. xxx was not paid by Gregoria Xxx Xxx.
The said Deed of Absolute Sale is rendered NULL and VOID ab initio and INEFFECTIVE for lack of
consideration.
c. The alleged signature of Jose Manuel Xxx on the alleged Deed of Absolute Sale, dated xxx, 1979 IS NOT the
signature of Jose Manuel Xxx.
Thus, the said alleged signature of Jose Manuel Xxx was a forgery.
The said Deed of Absolute Sale is NULL and VOID ab initio and INEFFECTIVE for lack of consent.
d. Further, the alleged consideration of Pxxx for the sale of the 1/3 share of Jose Manuel Xxx in the land
covered by TCT No. xxx was not paid by Gregoria Xxx Xxx.
The said Deed of Absolute Sale is rendered NULL and VOID ab initio and INEFFECTIVE for lack of
consideration.
e. The signature of Josefina Xxx on the Deed of Absolute Sale, dated xxx, 1977 WAS NOT VOLUNTARILY
AFFIXED by her as she was INFLUENCED (and was not in a position to decline) to sign the same by her
aunt Gregoria Xxx.
The said Deed of Absolute Sale is NULL and VOID ab initio and INEFFECTIVE for lack of consent.
f. Moreover, the alleged consideration of Pxxx for the sale of the 1/3 share of Josefina Xxx on the parcel of
land under TCT No. xxx was not paid by Gregoria Xxx Xxx.
The said Deed of Absolute Sale is rendered NULL and VOID ab initio and INEFFECTIVE for lack of
consideration.
Subsequently, the TCT No. M-xxx was issued on xxx, 1981 by the Registry of Deeds of the Province
of Rizal in the name of the defendant Leonora Xxx, a niece of Gregoria Xxx Xxx, based on a deed of sale
executed by Gregoria Xxx Xxx in favor of the defendant Xxx on xxx, 1979.
It was annotated at the back of TCT No. xxx on xxx, 1981 as Entry No. xxx.
32. Q - Why are you running after the defendant Xxx for
the subject property?
A- Yes. She entered into a second marriage with Serafin Xxx on xxx, 1960.
34. Q - Did the Sps. Luz Xxx and Serafin Xxx have
children?
36. Q Who are the legal heirs of the deceased Jose Manuel Xxx?
A- The late Jose Manuel Xxx was survived by his four (4)
children, namely:
38. Q Who were the legal heirs of Luz Xxx-Xxx (Luz Vda. De Xxx)?
A. He legal heirs were the following:
c. Her children from her second marriage: Myself, Irene Xxx-Xxx; and Yvette Xxx.
39. Q Where is Serafin Xxx (second husband of the widow Luz Xxx-Xxx [Luz Vda. De Xxx])now?
A - The surviving legal heirs of the deceased Sps. Serafin Xxx and the deceased Luz Xxx are:
a. Josefina Xxx;
b. The children of Jose Manuel Xxx; and
c. The surviving legal heirs of the Sps. Luz Xxx and Serafin Xxx, i.e., myself Irene Xxx-Xxx and my sister
Yvette Xxx.
41. Q -What is your computation of the shares of the plaintiffs from the subject property?
In the said deed, the plaintiffs have also executed a special power
of attorney in favor of xxx Xxx and the lawyers for the
plaintiffs, Atty. Manuel Laserna Jr. and/or Atty. Myrna
Mercader to represent them in all stages of this case.
a. The annulment of TCT No. xxx registered in the name of defendant LEONORA XXX.
b. The recovery of the ownership (accion reinvindicatoria) of the subject property from defendant LEONORA
XXX (and those acting under her authority) in favor of co-plaintiff XXX RESORT, INC. as the BUYER of
the subject property from the plaintiffs Heirs of Sps. Serafin Xxx and Luz Xxx-Xxx.
c. The recovery of the possession of the subject property from defendant LEONORA XXX (and those acting
under her authority) in favor of XXX RESORT, INC. as the BUYER of the subject property from the
plaintiffs Heirs of Sps. Serafin Xxx and Luz Xxx-Xxx.
d. The award of the following damages based on the provisions of ABUSE OF RIGHT and TORT or QUASI
DELICT, pursuant to Articles 19 and 20 (abuse or right) in relation to Articles 2176 (tort/quasi delict) and
Title XVIII (Damages) of the Civil Code, to wit:
d.1. Moral damages in the amount of P500,000.00 in favor of the lead plaintiffs Heirs of the Sps. Xxx for
their physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings,
moral shock and social humiliation of the lead plaintiffs Heirs of the Sps. Xxx;
d.2. Exemplary damages in the amount of P500,000.00 in favor of the lead plaintiffs Heirs of the Sps. Xxx
by way of example or to serve as correction for the public good.
d.3. Attorneys fees in the amount of Pxxx as acceptance fees for the legal services of the Laserna Cueva-
Mercader & Associates Law Offices as the Legal Counsel of XXX RESORT, INC., plus appearance fee per
hearing in the amount of Pxxx per hearing;
X x x.
1. As Exhs. A to A-5 for the plaintiffs - Exh. 1 to 1-E of the Xxx judicial affidavit, i.e., TCT No. M-xxx,
with submarkings, including the last page entitled Memorandum of Encumbrances.
2. As Exhs. B to B-4 for the plaintiffs - Exh. 2 to 2-B of the xxx judicial affidavit, i.e., DEED OF
ASSIGNMENT executed by GREGORIA XXX, with submarkings.
3. As Exh. C to C-3 for the plaintiffs - Exh. 3 to 3-C of the Xxx judicial affidavit, i.e., TCT NO. M-xxx,
with submarkings.
4. As Exh. D to D-1 for the plaintiffs - Exh. 4 to 4-(not legible) of the Xxx judicial affidavit, i.e., TCT
NO. xxx, with submarkings.
5. As Exh. E for the plaintiffs - Exh. 5 of the Xxx judicial affidavit, i.e., DEED OF ABSOLUTE SALE
executed by LUZ XXX VDA. DE XXX, consisting of one (1) page.
6. As Exh. F for the plaintiffs - Exh. 6 of the Xxx judicial affidavit, i.e., DEED OF ABSOLUTE SALE
executed by JOSE MANUEL XXX, consisting of one (1) page.
7. As Exh. G for the plaintiffs - Exh. 7 of the Xxx judicial affidavit, i.e., DEED OF ABSOLUYE SALE
executed by JOSEFINA XXX, consisting of one (1) page.
8. As Exh. H for the plaintiffs - Exh. 8 of the Xxx judicial affidavit, i.e., CERTIFICATION dated xxx, 2014,
of the National Archives of the Philippines, consisting of one (1) page.
9. As Exh. I for the plaintiffs - Exh. 9 of the Xxx judicial affidavit, i.e., CERTIFICATION dated xxx, 2014,
of the National Archives of the Philippines, consisting of one (1) page.
10. As Exh. J for the plaintiffs - Exh. 10 of the Xxx judicial affidavit, i.e., CERTIFICATION dated xxx, 2014,
of the National Archives of the Philippines, consisting of one (1) page.
11. As Exh. K to K-11 for the plaintiffs - Exh. 16 to 16-FFof the Xxx judicial affidavit, i.e., VARIOUS
OFFICIAL RECEIPTS FOR PAYMENTS OF LOCAL REAL ESTATE TAXES issued to Defendant LEONORA
V. XXX (marked as Exhs. 16 to 16-Z for the Defense) and issued to xxx DEV. CORP. (marked as Exhs.
16-AA to 16-FF for the Defense).
12. As Exh. L to L-1 for the plaintiffs - Exh. 16-GG to 16-JJof the Xxx judicial affidavit, i.e., TAX
DECLARATION NO. xxx (Exh. 16-GG, etc.) and TAX DECLARATION NO. xxx (Exh. 16-II, etc.),
consisting of two (2) pages.
13. As Exh. M for the plaintiffs - Exh. 19 of the Xxx judicial affidavit, i.e., topographical map showing the
location of LOT NO. 1 (LRC) PSD xxx, A (area) = xxx sq. m., M-xxx.
X x x.
A I hereby introduce, for marking purposes, the following exhibits which were already attached to the
Complaint as Annexes A to JJ thereof.
I ask that they be marked as Exhs. N to XX to correspond to their specific Annex Markings in
the Complaint. To wit:
Annex A in the Complaint, the same to be marked as Exh. Nhereof Xxx Resort, Incorporated Board
Resolution No. xxx, series of 2012;
Annex B in the Complaint, the same to be marked as Exh. O hereof TCT No. xxx in the name of
Leonora Xxx;
Annex C in the Complaint, the same to be marked as Exh. P hereof Tax Declaration No. xxx in the
name of Leonora Xxx;
Annex D in the Complaint, the same to be marked as Exh. Q hereof - Certificate of Title No. xxx in the
name of Juez Manuel Xxx;
Annex E in the Complaint, the same to be marked as Exh. R hereof - Certificate of Title No. 4 in the
name of Pelagia Xxx;
Annex F in the Complaint, the same to be marked as Exh. S hereof - Negative Marriage Contract of
Juez Manuel Xxx and Pelagia Xxx;
Annex G in the Complaint, the same to be marked as Exh. T hereof Certificate of Death of Juez Manuel
Xxx;
Annex H in the Complaint, the same to be marked as Exh. U hereof Certificate of Death of Pelagia
Xxx;
Annex I in the Complaint, the same to be marked as Exh. V hereof - Negative Certification of Birth of
Serafin Xxx;
Annex J in the Complaint, the same to be marked as Exh. W hereof - Affidavit of Adjudication of Serafin
Xxx;
Annex K in the Complaint, the same to be marked as Exh. X hereof Notarial page of the Notarial Book
of Notary Public xxx;
Annex L in the Complaint, the same to be marked as Exh. Y hereof TCT No. xxx in the name of Serafin
Xxx;
Annex M in the Complaint, the same to be marked as Exh. Z hereof Marriage Contract between
Serafin Xxx and Luz Xxx;
Annex N in the Complaint, the same to be marked as Exh. AA hereof Certificate of Death of Serafin
Xxx;
Annex O in the Complaint, the same to be marked as Exh. BB hereof Certificate of Birth of Josefina
Xxx;
Annex P in the Complaint, the same to be marked as Exh. CC hereof Certificate of Live Birth of Jose
Manuel Xxx;
Annex Q in the Complaint, the same to be marked as Exh. DD hereof TCT No. xxx in the name of Luz
Vda De Xxx, Josefina Xxx and Jose Manuel Xxx;
Annex R in the Complaint, the same to be marked as Exh. EE hereof TCT No. xxx196257 in the name
of Luz Vda De Xxx, Josefina Xxx and Jose Manuel Xxx;
Annex S in the Complaint, the same to be marked as Exh. FF hereof TCT No. xxx in the name of Luz
Vda De Xxx, Josefina Xxx and Jose Manuel Xxx;
Annex T in the Complaint, the same to be marked as Exh. GG hereof Plan of Subdivision Survey for
Serafin Xxx for Si-xxx, described in TCT No. xxx;
Annex U in the Complaint, the same to be marked as Exh. HH hereof Alleged Deed of Absolute Sale
of Luz Xxx, dated May 25, 1974, allegedly in favor of Gregoria Xxx;
Annex V in the Complaint, the same to be marked as Exh. II hereof - Alleged Deed of Absolute Sale of
Josefina Xxx, dated xxx, 1977, allegedly in favor of Gregoria Y. Xxx;
Annex W in the Complaint, the same to be marked as Exh. JJ hereof - Alleged Deed of Absolute Sale of
Jose Manuel Xxx, dated xxx, 1979, allegedly in favor of Gregoria Y. Xxx;
Annex X in the Complaint, the same to be marked as Exh. KK hereof TCT No. xxx in the name of
Gregoria Y. Xxx;
Annex Y in the Complaint, the same to be marked as Exh. LL hereof - Marriage Contract between Luz
Xxx and Serafin Xxx;
Annex Z in the Complaint, the same to be marked as Exh. MM hereof Certificate of Live Birth of Irene
Xxx;
Annex AA in the Complaint, the same to be marked as Exh. OO hereof Certificate of Live Birth of
Yvette Xxx;
Annex BB in the Complaint, the same to be marked as Exh. PP hereof - Certificate of Death of Jose
Manuel Xxx;
Annex CC in the Complaint, the same to be marked as Exh. QQ hereof Certificate of Live Birth of Ken
Jefferson Xxx;
Annex DD in the Complaint, the same to be marked as Exh. RR hereof Certificate of Live Birth of Kate
Jennelyn Xxx;
Annex EE in the Complaint, the same to be marked as Exh. SS hereof Certificate of Live Birth of Katty
Jane Xxx;
Annex FF in the Complaint, the same to be marked as Exh. TT hereof Certificate of Live Birth of Kris
Jennifer Xxx;
Annex GG in the Complaint, the same to be marked as Exh. UU hereof Negative Certification of Death
of Luz Xxx-Xxx;
Annex HH in the Complaint, the same to be marked as Exh. VV hereof Negative Certification of Death
of Serafin Xxx;
Annex II in the Complaint, the same to be marked as Exh. WW hereof - Deed of Extrajudicial Partition;
with Deed of Absolute Sale; Waiver of Rights; and Special Power of Attorney; dated xxx, 2012; between the
Heirs of Sps. Serafin Xxx and Heirs of Luz Xxx and Serafin Xxx.
Annex JJ in the Complaint, the same to be marked as Exh. XX hereof - SPA of Josefina Xxx and Jose
Xxx, as attorneys-in-fact of the above-named lead plaintiffs.
a) Exh. YY Kasulatan Ng Sanglaan Ng Labing Dalawang (12) Puno Ng Mangga, dated xxx 1964,
executed by Luz Xxx.
c) Exh. AAA Signature of Jose Manuel Xxx on his Catholic Cursillo prayer guide called Gabay Ng
Manglalakbay, c. 1980s.
d) As to the signature of Josefina O. Xxx in the questioned 1977 deed of sale, the same was true, but she signed
it under the influence of Gregoria Xxx and without any consideration.
At that time, she had just recovered from a 6-month coma at the intensive care unit of the old xxx Hospital,
xxx City, after a serious head injury caused by a vehicular accident.
A - Yes.
I hereby adopt into this judicial affidavit, by incorporation and reference, all the allegations and arguments
contained in our Complaint and all the supporting documents annexed thereto, the same to form part and
parcel hereof.
A Yes.
I hereby manifest that during the main trial of the merits of this case, we, the plaintiffs, intend to file
a motion for questioned document and handwriting examination by the National Bureau of Investigation
(NBI) of all questioned documents and signatures involved in this case, as discussed above.
I further manifest that, during the trial on the merits of this case, we intend to present additional
corroborating witnesses to prove our claims and prayers in the Complaint.
49. Q Why did it take you and your co-plaintiffs more than 30 years before you filed a case in court against
the defendant Xxx to assert your rights in the subject property?
A We did not have the financial resources and the clout to launch a legal fight against the
rich and influential Xxx Family to recover the subject property.
When we sold our rights and interest in the subject property to Xxx Resort, Inc. three (3)
years ago that was the only time we acquired the necessary resources and courage to
commence this action with the support.
Furthermore, the said delay should not be taken against us.
We believe that a void and simulated contract, as in this case, is invalid ab initio and that the
action to nullify it is imprescriptibleunder the Civil Code and existing jurisprudence, hence,
as far as we are concerned, the defense of laches is inapplicable.
Nothing Follows.
IRENE A. XXX
Affiant/Co-Plaintiff
SUBSCRIBED and sworn to before me in xxx City on xxx ____, 2015, affiant showing his/her
competent proof of identity, to wit: Comelec VIN xxx.
Notary Public
Doc. No. __
Page No. __
Book No. __
Series of 2015.
The undersigned ATTY. MANUEL J. LASERNA JR., of legal age, married, and with law office
address are Laserna Cueva-Mercader Law Offices, Unit 15, Star Arcade, C.V. Starr Ave., Philamlife Village,
Las Pinas City 1740, under oath, deposes and states:
3. Neither he nor any other person then present or assisting him coached the witness regarding the latter's
answers; and
4. He conducted the examination of the witness at his law office located at Laserna Cueva-Mercader Law
Offices, Unit 15, Star Arcade, C.V. Starr Ave., Philamlife Village, Las Pinas City 1740.
SUBSCRIBED and sworn to before me in xxx City on xxx _____, 2015, affiant showing his/her
competent proof of identity, to wit: SSS Member ID No. xxx.
Notary Public
Copt Furnished:
EXPLANATION
A copy of this Judicial Affidavit is served on the Court, the Counsel for the Defendant Leonora Xxx,
and the Register of Deeds of Rizal Province via LBC Express Corp./registered mail due to the great distances
of their respective addresses, due to the urgency of filing the same, and due to the lack of field personnel of
the undersigned counsel at this time.