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REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION


REGIONAL TRIAL COURT
BRANCH 145, MAKATI CITY

IN THE MATTER OF THE TESTATE


AND INTESTATE ESTATE OF SP. CASE NO. M-7637
DEMETRIA SALAZAR DE LEON, For: Probate of the
MARINA SALAZAR DE LEON and Will and Settlement of
JOCELEYN GLORIOSA DE LEON Estate
VALERO,

Petitioners.
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JUDICIAL AFFIDAVIT
OF ATTY DENNIS M. TIMAJO

1. Question: Please state your name and other personal


circumstances

Answer: I am Dennis M. Timajo, of legal age, Filipino with


office address at Suite 207, Rufino Centre Building, Ayala
Avenue cor V.A. Rufino St., Makati City.

2. Question: Who is the lawyer conducting this direct


examination?

Answer: Atty Johari Pradas Casan is the lawyer conducting this


direct examination.

3. Question: Where is this examination being held?

Answer: At Lyceum of the Philippines University, 109 L.P.


Leviste St., Salcedo Village Makati City.

4. Question: Are you answering the questions asked of you fully


conscious that you are doing so under oath, and that you may
face criminal liability for false testimony or perjury?

Answer: Yes, I am answering the question asked of me fully


conscious that I am doing so under oath, and that I may face
criminal liability for false testimony or perjury.

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5. Question: What is your present occupation?

Answer: I am a lawyer at Santiago Timajo Ababa Law Firm.

6. Question: Do you know the decedent in the case, the late


Demetria Salazar De Leon

Answer: Yes I do.

7. Question: Why do you know her?

Answer: She is the testator of the will which I notarized on August


22, 2008.

8. Question: Are you by blood or by affinity, related to the late


Demetria Salazar De Leon?

Answer: No, I am not related by blood or by affinity to the late


Demetria Salazar De Leon.

9. Question: You earlier mentioned that you notarized the will of


the late Demetria Salazar de Leon, if this is shown to you, will
you be able to identify it?

Answer: Yes.

10. Question: I am showing you a document entitled “Huling


Habili o Testamento” dated August 22, 2008 consisting of 4
pages attached as Annex A in the Petition for Probate of the
Will of the Late Demetria Salazar de Leon and Settlement of
Estate with Prayer for Letters Testamentary and for
Administration dated June 26, 2014 and marked as Exhibit C
by this Honorable Court. What is the relation of this document
to the will you mentioned?

Answer: They are one and the same document.

11. Question: How do you know that this Huling Habilin o


Testamento is the same will executed by the late Demetria
Salazar de Leon?

Answer: I know that such document is the same will executed by


the late Demetria Salazar de Leon as she personally executed
and acknowledged the same before me together with 3 other
witnesses who are: Pablo Fallaria, Gloria Verde and Grace
Coson.

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12. Question: Do you know how old and what the condition is
of the late Demetria Salazar de Leon when she executed,
signed and acknowleged the Huling Habilin o Testamento
before you?

Answer: Yes because as stated in the Huling Habilin o


Testamento, she was ninety years old and of sound and
disposing mind and was respect capacitated to dispose of her
estate.

13. Question: You said that the Huling Habilin o Testamento


was acknowledged before you. How was it acknowledged
before you last August 22, 2008?

Answer: Upon arriving at the Jesus I. Santos Law Offices, I


together with the late Demetria Salazar de Leon, her sister
Marina S. De Leon and Ms Hermina R. Santos were all gathered
in one room and seated in a circular manner.

14. Question: After this what else happened if any?

Answer: The 3 witnesses to the will namely Pablo Fallaria, Gloria


Verde and Grace Cocson then entered the room and when they
were seated, I explained to everyone present that they were
there to witness the signing and execution by the late Demetria
Salazar de Leon of her Huling Habilin o Testamento.

15. Question: After explaining the purpose of the said


gathering, what else happened if any?

Answer: Everyone agreed

16. Question: What happened after if any?

Answer: The late Demetria Salazar de Leon then proceeded to


sign each and every page of her Huling Habilin o Testamento in
the presence of the said 3 witnesses.

17. Question: After the late Demetria Salazar de Leon signed


the pages of her Huling Habilin o Testamento, what else
happened if any?

Answer: I told the three (3) witnesses to read the attestation


clause of the Huling Habilin o Testamento which they did.

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18. Question: After the three (3) witnesses read the attestation
clause, what happened next if any?

Answer: I asked them if they understood what they had just read
and they all answered in the affirmative.

19. Question: What happened next if any?

Answer: The three (3) witnesses to the will then proceeded to


sign the attestation clause of this Huling Habilin o Testamento
and all the pages thereof in the presence of each other and of
the late Demetria Salazar de Leon and myself.

20. Question: After the three (3) witnesses signed the


attestation clause and all the pages of the Huling Habilin o
Testamneto, what else happened if any?

Answer: I proceeded to read the contents of the Huling Habilin o


Testamento to the late Demetria Salazar de Leon.

21. Question: The late Demetria Salazar de Leon’s Huling


Habilin o Testamento was written in what language or dialect?

Answer: It was written in Filipino language.

22. Question: Do you know what language does the late


Demetria Salazar de Leon speak and what language is it?

Answer: Yes. She speaks the Filipino language.

23. Question: How do you know this?

Answer: I know this because she conversed with me in the


Filipino language when she executed and acknowledged her
Huling Habilin o Testamento before me.

24. Question: After you read the contents of the Huling Habilin
o Testamento, what else happened if any?

Answer: I asked the late Demetria Salazar de Leon if she


understood the contents and effect of the Huling Habilin o
Testamento and if the same was her voluntary act and deed.

25. Question: What did the late Demetria Salazar de Leon


reply thereto if any?

Answer: She personally acknowledged before me that she


understood the contents and effect of the Huling Habilin o
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Testamento which she executed and signed and that the same
was her free and voluntary act and deed and that she signed the
lower portion of the second (2nd) page and the left portion of all
the other pages thereof.

26. Question: After this what else happened if any?

Answer: The 3 witnesses personally acknowledged before me


that they freely and voluntarily witnessed and signed the Huling
Habilin o Testamento as witnesses thereto after the late
Demetria Salazar de Leon signed the lower portion of the second
(2nd) page and the left portion of all the other pages thereof in
their presence and that they likewise signed the Huling Habilin o
Testamento in the the middle portion of the third (3rd) page and
the left portion of all the other pages thereof in the presence of
the testator and of one another.

27. Question: Did the late Demetria Salazar de Leon and the
three (3) witnesses present their competent evidences of
identity when they acknowledged the Huling Habilin o
Testamento before you?

Answer: Yes.

28. Question: What did each of them present as competent


evidences of identity?

Answer: The late Demetria Salazar de Leon presented her


Senior Citizen ID with No 1875124 issued in Bustos Bulacan, the
witness Pablo Fallaria presented his GSIS ID with No 008247
issued in Pasay City, witness Gloria Verde presented her SSS
ID with No 07-16712983 and witness Grace Cocson presented
her SSS ID with No 33-3304475037.

29. Question: Where did you notarize the Huling Habilin o


Testamento?

Answer: I notarized at the Jesus I. Santos Law Offices located at


1201 Travellers Inn, 7850 Makati Avenue Makati City where I
regularly perform my notarial services.

30. Question: Were do you usually commissioned to notarize


in the City of Makati when the Huling Habilin o Testamento
was acknowledged before you?

Answer: Yes.

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31. Question: What was your Notarial Commission Number
when you notarized the Huling Habilin o Testamento?

Answer: My notarial commission number when I notarized the


Huling Habilin o Testamento was M-160 valid until December
31,2009.

32. Question: On what page does your signature as Notary


Public appear in the Huling Habilin o Testamento?

Answer: It appears on the fourth (4th) and last page above the
printed name “Atty Dennis Timajo” on the bottom portion of said
page.

Your Honor, we ask that this Honorable Court mark the signature
of Atty Dennis M. Timajo above the printed name “Atty Dennis M.
Timajo” as found on the bottom portion of the fourth (4th) page of
the Huling Habilin o Testamento as Exhibit “C-14”.

33. Question: There are four (4) other signatures on the fourth
(4th) and last page of the Huling Habilin o Testamento. I am
showing them to you (witness is confronted with/shown the.
Document), are you familiar with them?

Answer: Yes I am familiar with these four (4) other signatures.

34. Question: Can you identify these four (4) other signatures?

Answer: From the top of the left side of the fourth (4th) and last
page, the first (1st) signature is that of the late Demetria Salazar
de Leon, the second (2nd) signature belongs to Gloria Verde, the
third (3rd) signature is that of Grace Cocson while the fourth (4th)
and the last signature belongs to Pablo Fallaria.

35. Question: How do you know that these signatures belon to


the persons you previously mentioned?

Answer: I personally witnessed each of them sign on the left


margin of the fourth (4th) and last page of the Huling Habilin o
Testamento.

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36. Question: Are you a party to the Huling Habilin o
Testamento which you notarized?

Answer: No.

37. Question: Finally as a consequence of having notarized the


Huling Habilin o Testamento except for the notarial fee, did
you receive directly or indirectly any commission, fee,
advantage, right, title, interest, cash, property or other
consideration?

Answer: No.

ATTY DENNIS M. TIMAJO


Affiant

SUBSCRIBED AND SWORN to before me in the City of Makati


this 10th day of May 2018, personally known to me as such. Affiant
exhibited to me her Driver’s License No. N03-80-133490 issued at
Makati City.

Doc.No.:_____; EMIL M. OCFENIA


PageNo.:_____; Notary Public
Until December 31, 2018
BookNo.:_____:
Per Notarial Commission No. M-121 Makati City
Series of 2018. IBP No. 914572; March 9, 2014; Makati Chapter
PTR No. 4253756; January 31 2018; Makati City
Roll No. 56725

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ATTESTATION CLAUSE

I, ATTY JOHARI PRADAS CASAN do hereby attest that:

1. I conducted and supervised the examination of the witness


Grace I Cocson.
2. I faithfully recorded or caused to be recorded the questions I
asked, and the corresponding answers that the witness gave;
and
3. Neither me nor any other person then present or assisting the
witness coached the latter regarding his answers.

ATTY JOHARI PRADAS CASAN


Counsel for Petitioner

SUBSCRIBED AND SWORN to before me in the City of Makati


this 10th day of May 2018, personally known to me as such. Affiant
exhibited to me her Driver’s License No. N03-80-133490 issued at
Makati City.

Doc.No.:_____; EMIL M. OCFENIA


PageNo.:_____; Notary Public
Until December 31, 2018
BookNo.:_____:
Per Notarial Commission No. M-121 Makati City
Series of 2018. IBP No. 914572; March 9, 2014; Makati Chapter
PTR No. 4253756; January 31 2018; Makati City
Roll No. 56725

Copy furnished by personal service:

BALT, BALBIN & ASSOCIATES


Counsel for the Oppositors
5/F, 8 Rockwell, Plaza Dr, Makati City

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