Republic of the Philippines

SUPREME COURT
Eighth (8th) Judicial Region
Regional Trial Court- Branch 30
Basey, Samar

PEARL CARYL C. CADAVIS,

CIVIL CASE NO. 2016-00310- CV
Plaintiff,

FOR: RECOVERY OF
-versus- OWNERSHIP AND POSSESSION
OF REAL PROPERTY WITH
PRAYER FOR DAMAGES
JOVANY S. DAMAYO,
Defendant.
x--------------------------------------------x

JUDICIAL AFFIDAVIT OF DEFENDANT

JOVANY S. DAMAYO
PREFATORY STATEMENT

This is the judicial affidavit of the defendant, Jovany S. Damayo.

The statements were taken and recorded based on the examination
made by Atty. Peter Joven Y. De Oño, Notary Public for Leyte,
including the cities of Tacloban and Ormoc, at the office of the said
lawyer at 123 Justice Romualdez Street, Tacloban City on January 15,
2018.

The affiant answered under oath in the English language and had
sworn that he understood his statements made here and stands for
their veracity. He was made aware that he made these statements
under oath and fully conscious that he may face criminal liability for
false testimony or perjury.

PURPOSE(S) OF THE AFFIDAVIT

This judicial affidavit is offered in lieu of the defendant’s testimony

pursuant to Administrative Matter No. 12-8-8-SC, for the following
purpose(s):

1. To prove the identity of the real property subject of this case;

 2. To establish the fact that the defendant is the true owner of the
real property subject of this case;

3. To prove that no sale has ever transpired between the defendant

and the plaintiff and the Deed of Absolute Sale dated May 7, 1981
presented is a mere forgery;

4. To prove that defendant has always been in possession of the

subject property in the concept of an owner for more than thirty
(30) years and continues to exercise the same right to this day;

5. To establish the fact that defendant has no sufficient knowledge

to form a belief as to the truth or falsity thereof with respect to
the allegation of the plaintiff that he left for work abroad
sometime in the year 1982 until the year 2014;

6. To establish the fact that defendant was merely exercising his

right of ownership over the property during a confrontation
between the plaintiff and the defendant;

7. To identify material and relevant documents; and

8. To testify on other relevant matters.

The following questions and answers were asked and recorded:

QUESTION 1: Please state your name, age, civil status, occupation

and present address.
ANSWER 1: I am Jovany S. Damayo, Filipino, of legal age, single,
and currently residing at Brgy. Lawa-an, Basey, Samar.

Q2: What brought you to this office?

A2: I am going to make my affidavit.

Q3: In which language do you prefer your affidavit to be made?

A3: In English.

Q4: What is the purpose of the affidavit?

A4: To refute the allegations of the plaintiff, Pearl Caryl C. Cadavis,
in her complaint for recovery of ownership and possession of
real property and damages.
Q5: 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?
A5: Yes, sir.

Q6: Let us now proceed to the Complaint. Do you know the plaintiff
in this case, Ms. Pearl Caryl C. Cadavis?
A6: Yes, sir.

Q7: How long have known Ms. Cadavis?

A7: She is a friend of mine. We were classmates back in high school.

Q8: Are you familiar with the real property which is the subject
matter of this case?
A8: Yes, sir because it is on said property where I have been living
for more than thirty (30) years.

Q9: Can you describe the subject property?

A9: Yes. The subject property is a parcel of land registered under my
name. It is covered by Tax Declaration No. xxx in my name with an
assessed value of P 25,000 and has an area of SIX HUNDRED EIGHTY
(680) SQUARE METERS, more or less.

Q10: Do you have the Tax Declarations with you?

A10: Yes, sir. It is with me. (Shows the documents to counsel)

Q11: What is the relation of Ms. Cadavis to the subject property?

A11: She caused the execution of a void and simulated Deed of
Absolute Sale covering the parcel of land in my name covered under
Tax Declaration No. xxx with and area of 680 sq. meters.

Q12: Why do you say that the Deed of Absolute Sale was void and
simulated?
A12: Because the signature on said contract was not my true signature
and was a forgery of my signature. Thus, the Deed of Absolute Sale is
null and void for lack or vitiation of consent.

Q13: Did you know that the plaintiff left for work abroad?
A13: No, sir. We had not been in contact for a very long time. The last
time I saw her was a few years after our high school graduation.

Q14: Then what happened next?

A14: Ms. Cadavis appeared one day in 2014 and confronted me about
the house and other structures I built on the land. According to her, I
had no right to build on said land since I had sold it to her on May
1981. Therefore, the land already belongs to her.

Q15: And how did you reply?

A15: I said no. The land is mine.

Q16: How can you say that the land is yours?

A16: Because I have been living there for more than 30 years. I have
been paying real property taxes for the said land. Therefore, when I
built my house, as well as other improvements, on the property, I was
merely exercising my right as owner.

Q17: And what happened next?

A17: She kept insisting that she was the true owner of the parcel of
land. She also showed me the Deed of Absolute Sale which I
purportedly executed in May 1981 in her favor evidencing the sale.

Q18: And did you indeed execute said Deed of Absolute Sale?
Q18: No, sir. I have never seen nor executed a Deed of Absolute Sale
in my life.

Q19: Then what happened next?

A19: I received a Notice to Vacate on August 15, 2016 sent by her
counsel.

Q20: And did you vacate the parcel of land?

A20: No, sir. I need not vacate the property since the subject parcel of
land is mine. I am free to enjoy it because I am the true owner.

Q21: I no longer have any questions. Do you still have anything else
to say?
A21: Yes, sir. I would like to adopt into this judicial affidavit, by
incorporation and reference, all the allegations and arguments
contained in my Answer and all the supporting documents
annexed thereto, the same to form part and parcel hereof.

Q22: Anything else?

A22: None, sir.

Q22: Do you swear to have told nothing but the truth and stand for
the veracity of your answers to the questions asked to you?
A22: Yes, sir.

x----------END OF INQUIRY----------x
Republic of the Philippines. . . . .)
Tacloban City. . . . . . . . . . . . . . . . ) S.S.

AFFIANT’S OATH AND ATTESTATION

I, Jovany S. Damayo, Filipino, of legal age, single, and currently
residing at Brgy. Lawa-an, Basey, Samar, with competence to
comprehend without any vice of consent, hereby attest to have
voluntarily and truthfully made the answers to the foregoing
questions.

IN WITNESS WHEREOF, I have hereunto affixed my signature this

day of ________________, in Tacloban City, Philippines.

JOVANY S. DAMAYO
Affiant

SUBSCRIBED AND SWORN to before me, this day of

_________________, in Tacloban City, Philippines, affiant exhibiting
the above document before me, and having sworn that he understood
the contents and the allegations contained therein and that the same is
his free and voluntary act and deed.

Witness my hand and seal.

ATTY. RICARDO F. DALISAY

Doc. No. ____; Commission No. 12346, until December 31, 2017
Page No. ____; Roll No. 51922/May 10, 2006
Book No. ____; PTR No. 9724513/1-03-17 Palo, Leyte
IBP O.R. NO. 1214653/01-03-17, Leyte Chapter
Series of 2017. MCLE Compliance No. V-0004455, 11-12-2014
EXAMINING LAWYER’S SWORN ATTESTATION
I, Atty. Peter Joven Y. De Oño, Filipino, of legal age, single, a
member in good standing of the Integrated Bar of the Philippines,
Leyte Chapter and with office address at 123 Justice Romualdez Street,
Tacloban City, hereby depose under oath that:

1. I have faithfully recorded or caused to be recorded in my

laptop computer the questions I have asked to the above
witness and the corresponding answer that the witness gave;
and

2. I have not nor any person present assisted or coached the

witness regarding the latter’s answers.

IN WITNESS WHEREOF, I have hereunto affixed my signature

this day of _________________, in the City of Tacloban, Philippines.

ATTY. PETER JOVEN Y. DE OÑO

Affiant

SUBSCRIBED AND SWORN to before me this day of

___________________, in the City of Tacloban, Philippines, affiant
being personally known to me.

ATTY. FIL KRISTIAN

RICARDO B. PLIMACO
F. DALISAY
Doc. No. ___; Commission No. 12346, until December 31, 2018
2017
Page No. ___; Roll No. 51232/May
51922/May 10, 2006
PTR No. 9835513/1-03-17
9724513/1-03-17 Palo, Leyte
Book No. ___; IBP O.R. NO. 1030223/01-03-17,
1214653/01-03-17, Leyte Chapter
Series of 2017. MCLE Compliance No. V-0004455, 11-12-2014