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Affidavit of Loss

Basis: An affidavit is a written sworn statement of fact voluntarily made by an affiant or deponent under
an oath or affirmation administered by a person authorized to do so by law. Such statement is witnessed
as to the authenticity of the affiant’s signature by a taker of oaths, such as a notary public or
commissioner of oaths. An Affidavit of Loss is a written statement declaring the physical loss of a
personal property or an important document or record belonging to the affiant or owner himself. It may
be due to a destruction, misplacement or theft. If the record is stolen, misplaced or destroyed, the owner
is required to swear an affidavit pertaining to the loss of the item. This is an outlining that, to the best of
the person’s knowledge, the record is truly gone.
Affidavit of Merit
Basis: An affidavit made by a party to an action setting forth that the party has a substantial and genuine
ground of action or defense. An Affidavit of Merit is frequently attached by a defendant or a party when
filing a Motion before the Court not to be declared in default or by seeking for a new trial of the case
pursuant to the Rules of Civil Procedure.

REPUBLIC OF THE PHILIPPINES )

) SS.

DONE: IN THE CITY OF BAGUIO )

X----------------------------X

AFFIDAVIT OF MERIT

I, xxxxxx, of legal age, Filipino, with office address at B-319 3F Lopez Building,
Session Road, Baguio City, after having been duly sworn to in accordance with law,
hereby depose and state:

1. That I am the counsel on record for the plaintiff-appellants Shamjia Lamsis


Galate and Aida Kadisel Lamsis in an appeal case docketed as CIVIL CASE
NO. 1111111 against Rosemarie Jocson and pending before the Regional Trial
Court Branch 62 of La Trinidad, Benguet. However, said case was also entered
for and under the name of xxxxx LAW OFFICE;

2. That on May 2015, with the consent of the Plaintiff-Appellants, the above
entitled case, its management as well as the preparation of the required
Appeal Memorandum was assigned to my associate, Atty. xxxxx;

3. That on May 22, 2015, after a thorough research and preparation, the Appeal-
Memorandum prepared by Atty. Rheina B. Lapeña, was printed and copies
of the same were filed before this Honorable Court and served to the counsel
of the adverse party;

4. That after the mailing of the Appeal-Memorandum on May 25, 2015, I


assumed that everything was in order. Never did I know that the copy
mailed for submission by said counsel to the Honorable Court was unsigned,
because the file copy of said pleading left with our Office and the copy sent to
the adverse party were properly signed by her;
5. Too bad, on August 26, 2015, I received the Order of this Honorable Court
dated August 25, 2015 dismissing the above-entitled case. The Court did not
give due consideration to the unsigned Appeal Memorandum and deemed
that no Appeal Memorandum was ever submitted Plaintiff-Appellants, hence,
the dismissal of the case;

6. That the unguarded posting and filing of the unsigned copy of the Appeal
Memorandum by the assigned counsel was not deliberately or competently
done, to be interpreted as a shenanigan for delay, rather it was due to lapse of
consciousness, a tempest that may beset anybody of any age, on any given
time;

7. That I humbly entertain substantial and valid argument, that it would be


unfair to entertain that the unconscious submission of the unsigned copy of
the Appeal Memorandum in an inherent deficiency, incapable of remedy that
warrants the outright dismissal of the case on Appeal;

8. That plaintiff-appellants have a valid and meritorious cause, to wit:

“Plaintiffs have been in the lawful and peaceful possession in the


concept of owner of an agricultural land consisting of 4.7 hectares, situated
at Barangay Sto. Tomas, Tuba, Benguet, they being the designated heirs and
owners thereof, by the late Mateo Lamsis, the late husband of plaintiff Aida
Kadisel Lamsis and the father of plaintiff Shamjia Lamsis Galate covered and
embraced by Assessment Real Property No. 99-001-00618.

“In January 2013, herein plaintiffs leased a portion of this


agricultural land to Reynold Naagas for a period of one year for the latter to
till and devote the same for agricultural cropping.

“On or about August 9, 2013 and days thereafter, defendant


together with her several cohorts, taking advantage of the frailty of Plaintiff
Aida Kadisel Lamsis who suffered heart stroke and the temporary absence of
defendant Shamjia Lamsis Galate who is on the family way, by means of
force, strategy and stealth, and without the consent of plaintiffs, unlawfully
entered and occupied a portion of the above-described parcel of agricultural
land estimated to be of 480 square meters, more or less, (portion of leased
area to Reynold Naagas) and began dumping gravel and sand, unloaded
hollow blocks and started to fence the premises with a barbed wire,
prohibiting and threatening with bodily harm the plaintiffs’ representatives
sent to safeguard the premises thereby illegally depriving plaintiffs of their
possession of the premises.
“Plaintiffs have been in actual and prior physical possession of the
above-described real property, as in fact, the plaintiffs have been in actual,
peaceful and uninterrupted possession of the said property since the lifetime
of their predecessor-in-interest Mateo Lamsis, until defendant unlawfully
deprived plaintiffs of possession over the said portion of land.

“Since the day that defendant illegally entered said portion of the
land, defendant have remained in illegal possession of the said premises up
to the present and in fact she continues to dump building materials,
notwithstanding repeated demands made upon her to vacate the same and
turn over the said land to the plaintiffs.

“Plaintiffs have a clear legal right to be protected since they are in


prior actual, lawful, peaceful, and in physical possession of the subject real
property before the defendant illegally deprived them of possession and that
except for the lessee and his gardener they never authorized anybody to enter
the said premises.”

9. That plaintiff-appellants have good, valid and substantial cause of action


against the defendant-appellee as shown in the complaint and reproduced in
the body of the foregoing motion;

10. That I am therefore executing this affidavit to attest to the foregoing and to
support Plaintiffs-Appellants Motion for Reconsideration of the Order of
dismissal of the above-entitled case.

IN WITNESS WHEREOF, I hereby affix my signature this 27 th day of August


2015 in the City of Baguio, Philippines.

xxxxx

Affiant

SUBSCRIBED AND SWORN to before me this 27th day of August 2015 in the
City of Baguio, Philippines. Affiant exhibiting to me his ROA No. 30885.

Doc. No. ;
JANILET MISHELLE R. CARILLO
Page No. ;
Notary Public
Book No. I;
Until December 31, 2016
Series of 2015. N.A. No. 87-NC-15-N
Affidavit of Good Faith
Basis: An Affidavit of Good Faith is generally executed by the parties in a mortgage contract, the
mortgagor and the mortgagee, stipulating that they severally swear that such mortgage is made for the
purpose of securing the obligation specified therein and for no other purpose and that the same is a just
and valid obligation and not one entered into for fraud.

REPUBLIC OF THE PHILIPPINES)

CITY OF BAGUIO ) S.S.

AFFIDAVIT OF GOOD FAITH

I, FLORENCE WACNANG, of legal age, Filipino citizen, married to Mr. Roberto


Wacnang, with residence and postal address at No. 17 Happy Homes, Campo Sioco,
Baguio City, and ELVIS CABILAS, of legal age, married, and a resident of No. FC-434
Balili, La Trinidad, Benguet, after having been duly sworn to in accordance with law,
hereby JOINTLY AND SEVERALLY swear that the foregoing Chattel Mortgage is
made and executed for the purpose of securing the obligation specified therein and for
no other purpose and that the same is a just and valid obligation, and not entered into
for the purpose of defrauding creditors.

FLORENCE WACNANG ELVIS CABILAS


Mortgagor Mortgagee

SUBSCRIBED AND SWORN to before me this 11th day of May 200 at Baguio
City, Philippines, Florence Wacnang exhibited to me her Community Tax Certificate
bearing No. 03125459, issued at Baguio City on March 9, 2000 and Elvis Cabilas with
CTC No. 013115979, issued on January 14, 2000 at La Trinidad, Benguet.

xxxxxxxx
Notary Public
Until 31 December 2000
PTR No. 1313245, 1-04-2000
Baguio City

Doc. No. ________;


Page No. ________;
Book No. XXXII ;
Series of 2000.
Affidavit of Discrepancy
Basis: It might come as a surprise for some people when they discover that the name that they have been
using is not the same with the name indicated in their birth certificates. If that happens, some public and
private offices often require that the person concerned issue an Affidavit of Discrepancy and additionally
requiring two other disinterested persons to attest to the identity of the person who has discrepancy in
his name. R.A. 9048 as amended by R.A. 10172 is the substantive law as to which corrections to the
person’s first name or nickname may be done administratively by executing an affidavit.
Affidavit of Self-Adjudication
Basis: Founded on Section 1, Rule 74 of the Rules of Court, an Affidavit of Self-Adjudication maybe
executed by a sole-heir of a decedent to adjudicate unto him the entire estate of the former.

REPUBLIC OF THE PHILIPPINES)

CITY OF BAGUIO ) S.S.

AFFIDAVIT OF SELF-ADJUDICATION WITH


SIMULTANEOUS DEED OF SALE

SATURNINA M. CAMACHO, after first being sworn according to law, deposes


and says:

That she is of legal age, single, Filipino citizen and a resident of Nancalobasaan,
Urdaneta City, Pangasinan.

That her father and mother ANATALIO CAMACHO and MIGUELA MARCOS,
died intestate in Nancalobasaan, Urdaneta City , Pangasinan in 1985 and 1980
respectively, leaving the following described property:

TRANSFER CERTIFICATE OF TITLE NO. 52158

A parcel of land (Lot No. 173 of the Cadastral Survey of Urdaneta),


situated in the Municipality of Urdaneta. Bounded on the NE. by Lots Nos.
1743 and 1739; on the S. by a canal; and on the SW. by Lot No. 1737.
Beginning at a point marked “l” on plan, being S. 36 deg. 00’W., 307.58 m.
from M.B. M. E No. l; thence S. 61 deg. 47’ E., 19.96 m. to point “2”; thence
S. 4 deg. 21’E., 235.95 m. to point “3”; thence N. 89 deg. 27’ W., 20.68 m. to
point “4”; thence N. 3 deg. 26’ W., 244.96 m. to the point of beginning;
containing an area of FOUR THOUSAND FIVE HUNDRED AND ELEVEN
Square Meters (4, 511), more or less. All points referred to are indicated on
the plan; bearings true; declination 0 deg. 32’ E.; date of Survey, 1911.

That the decedent left no known debts; neither has they left any
ascendants or descendants or any heirs, except the herein affiant as their
daughter.
JUANITO M. TABILIN
Vendee
AFP Retired Enlisted Peronnel Id. No. R10-E-17961

Issued on Feb. 11, 2010 Issued at Baguio City

WHEREFORE, and invoking the provisions of Rule 74, section 1, of


the Rules of Court, affiant does hereby adjudicate unto herself as the sole
and only heir the entire estate hereinabove described, subject only to the
liabilities to creditors, heirs, and other persons who might have been
deprived of their lawful participation in the estate, for a period of two
years, in accordance with Rule 74, section 4, of the Rules of Court.

BY WAY OF SIMULTANEOUS UNILATERAL DEED OF SALE


That I, SATURNINA M. CAMACHO for and in consideration of the sum of
Fifty Thousand Pesos (P50, 000.00) Philippine currency, to me in hand paid by
JUANITO MARCOS TABILIN of legal age, married to JUAQUINA P. TABILIN with
postal address at Blk. 22 Lot 12 Fort Del Pilar, Baguio City, by these presents, hereby
SELL, CONVEY, and TRANSFER unto said spouses, their heirs and assigns that one-
half (1/2) portion of 4, 511 square meters of agricultural real property above-described.

IN WITNESS WHEREOF, the parties have hereunto set their hands at Baguio
City, Philippines this 7th day of January 2015.

SATURNINA M. CAMACHO
Vendor
Senior Citizens ID. No. 2112
VIN: 5546-0121A-H0946SMC20001-0
Issued in Urdaneta City

SIGNED IN THE PRESENCE OF:

_____________________________ WITNESSES ______________________________


ACKNOWLEDGMENT

REPUBLIC OF THE PHILIPPINES)


DONE: IN THE CITY OF BAGUIO) SS.

BEFORE ME, a notary public for and in the City of Baguio, Philippines, this 7 th
day of January 2015, personally appeared SATURNINA M. CAMACHO and
JUANITO M. TABILIN with their Identification Card Nos. appearing below their
names above, all personally known to me and identified by me through competent
evidence presenting this integrally complete instrument, representing to me that the
signatures on the instrument were voluntarily affixed by them for the purpose stated,
declaring that they have executed the instrument as their free and voluntary act and
deed.

The foregoing instrument relates to an Affidavit of Self-Adjudication with


Simultaneous Deed of Sale consisting of TWO (2) pages including this whereon the
acknowledgement appears signed by the parties and their witnesses in my presence,
and sealed with my notarial seal.
Affidavit of Service
Basis: An Affidavit of Service, also known as proof of service, is an important document provided by
process servers after they have successfully served the documents or pleadings to a party. This is
founded on Rule 13 of the Rules of Court (Filing and Service of Pleadings, Judgments and Other Papers).

REPUBLIC OF THE PHILIPPINES)

DONE: IN THE CITY OF BAGUIO) S.S.

AFFIDAVIT OF SERVICE

I, CRISPIN M. LAMONG JR., of legal age, single, Filipino citizen and with
office address at 19 Abanao Street, Baguio City, after having been duly sworn to in
accordance with law, do hereby depose and state:

That I am the counsel for the Petitioner in the case entitled PAUL C.
LARDIZABAL, Petitioner v. THE NATIONAL LABOR COMMISSION, FIRST
DIVISION, SKILLS INTERNATIONAL COMPANY INC. and docketed as CA. GR. SP.
NO. 91341 now pending before the 8th Division of the Honorable Court of Appeals;

That I served the respondents, by way of Registered Mail their respective copies
of the Motion for Reconsideration, dated October 21, 2005, of the Petitioner in the
above entitled case at the Baguio City Post Office on October 21, 2005;

That copies of the Motion for Reconsideration were furnished to the respondents
through registered mail in view of the distance of their respective offices which makes
personal service impractical.

That I am executing this Affidavit to attest to the truth of the foregoing facts and
for all legal intent and purpose that it may serve.

IN WITNESS WHEREOF, I hereunto set my hand this 21 st day of October, 2005 at


Baguio City, Philippines.

CRISPIN M. LAMONG JR.

Affiant

SUBSCRIBED AND SWORN to before me this 21st day of October, 2005 at


Baguio City, Philippines.
Affidavit of Desistance
Basis: An Affidavit of Desistance is executed by a complainant/offended party stipulating that he or she is
no longer interested in pursuing the case against the accused. It is plausible that the parties have come up
with a compromise agreement or an amicable settlement relating to the case. This is line with Sec. 8, Rule
117 of the Rules of Court under the Rules on Criminal Procedure.

REPUBLIC OF THE PHILIPPINES)

CITY OF BAGUIO ) S.S.

AFFIDAVIT OF DESISTANCE
I, GURDEEP SINGH, of legal age, Filipino, married and a resident No. 8 St. John
Street, Petersville, Baguio City, after having been duly sworn to in accordance with
law, hereby depose and state:

1. I am the private complainant in Crim. Case No. 39243-R against EVELYN E.


HUFANA for Estafa, pending before the Regional Trial Court, Branch 5,
Baguio City;
2. After several consultation with the accused, I realized that the said incident
arose from misunderstanding or miscommunication;
3. Consequently, I am no longer interested to pursue the above-entitled case.
Further, to show good faith, the accused paid the civil aspect of the above-
entitled case;
4. I am therefore requesting the Honorable Court through the Prosecutor’s
Office to move for the PERMANENT DISMISSAL the above-entitled case as I
am no longer interested in pursuing the same;
5. I am executing this affidavit to attest to the truth of all the foregoing facts, to
support the PERMANENT DISMISSAL of the above-entitled case and for all
legal intents and purposes it may legally serve.

IN WITNESS WHEREOF, I have hereunto set my hand this 1 ST day of


December, 2016 at Baguio City, Philippines.

GURDEEP SINGH

Affiant

SUBSCRIBED AND SWORN to before me this 1st day of December, 2016 at


Baguio City, Philippines. I hereby certify that the affiant has fully read and
understood the contents hereof.
Authentication of a Document by the Secretary of Foreign Affairs
Basis: Authentication of a document by the Secretary of Foreign Affairs is done under the following
circumstances:

B.1 for document/s issued by Foreign authorities or

B.2 for legal documents such as Affidavits/Special Power of Attorney/Contracts where the
executor/s is/are not able to come in person at the Embassy to sign the document/s

Authentication involves the following process:

- The legal document should be notarized by a Foreign Notary Public or Commissioner of Oaths.
- The notarized document is then submitted to the Legalization Office of the Foreign and Commonwealth
Office (for foreign documents), which shall authenticate the signature of the Notary
Public/Commissioner of Oaths.
- The FCO/DFA certified document may then be submitted to the Philippine Embassy/Consulate for final
authentication.
Authentication of a Document by the Clerk of Court in the U.S.
Authentication of a Document by the Philippine Consul in the U.S.
Basis: The process of authentication of a document by the Philippine Embassy/Consulate General is done
in order for any legal document issued in a foreign country (i.e. U.S.) to have any legal validity in the
Philippines. Each “consularized” document will bear the seal of the Consulate General and the signature
of the authenticating officer. Examples of these are Special Power of Attorney, General Power of
Attorney, Affidavit, Certification, Deed of Sale, Deed of Donation, etc.

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