REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

Eleventh Judicial Region
Branch 7
Davao City

EDHA JOY A. BANGOY, CIVIL CASE NO.

Plaintiff M- DVO- 16- 00639- SC

FOR: Recovery of Possession,

Damages, and Attorney’s Fees

-versus-

HEIRS OF ROXANNE R. MANGUBAT,

Defendant.

X----------------------------------------X
x-------------------------------------------------x

JUDICIAL AFFIDAVIT OF
EDHA JOY A. BANGOY

Witness:

MS. EDHA JOY A. BANGOY, of legal age, single, Filipino, with

residence at De Guzman St., Ilocano Village, Toril, Davao City.

Examining Lawyer:

ATTY. LARA DE LOS SANTOS

Ground Floor De los Santos Building, Km. 7 Mac Arthur Highway,
Bangkal, Davao City, 8000

Place of Examination:

This Judicial Affidavit was taken at the office of DE LOS SANTOS &
TEJADA LAW OFFICE, Ground floor De los Santos Building, Km. 7
Mac Arthur Highway Davao City, 8000

Formal Offer:
This Judicial Affidavit of Ms. Edha Joy A. Bangoy, Plaintiff, is
executed to serve as her direct testimony in the instant case.

This Judicial Affidavit is being offered to prove:

A. That she is the plaintiff in this instant complaint;

B. That she is the owner of a parcel of land subject in this
instant case;
C. That defendants are the heirs of the previous owner of the
subject property;
D. That she will testify that the defendants refuse to leave the
subject property despite written demand;
E. That she will testify on the damages incurred by her due to
the unlawful acts of the defendant;
F. That she will identify certain documentary exhibits;
G. That she will also testify on other related and relevant
matters.

Questions were propounded by Atty. Lara De los Santos in English, a

language known and understood by the witness, and are numbered
consecutively, followed by the answers of the witness.

This Judicial Affidavit shall serve as the direct testimony of Edha Joy
A. Bangoy in this case:

1. Q: Do you swear to tell the truth and nothing but the truth?
A: I do.

2. Q: Are you aware that you may face criminal liability for false
testimony or perjury if you will not tell the truth?
A: I am.

3. Q: Why are you executing a judicial affidavit?

A: To prove all my allegations in the complaint.

4. Q: Please state your name, age, address and occupation?

A: I am Edha Joy A. Bangoy, 50 years old, single, and residing
at De Guzman St., Ilocano Village, Toril, Davao City.

5. Q: Are you the same Edha Joy A. Bangoy, the Plaintiff in this
case?
A: Yes.
6. Q: Do you know Hector Mangubat and the other defendants in
this case?
A: Yes, I know them.

7. Q: How do you know them?

A: They are the heirs of the previous owner of the land,
Roxanne R. Mangubat, to whom I bought subject property.
They are currently occupying the lot subject of this case.

8. Q: What property are they currently occupying right now?

A: The property located at Barrio of Mulig, Davao City.

9. Q: How did you acquire the subject property?

A: I bought the property from Roxanne R. Mangubat years
back.

10. Q: Do you have a document proving this sale?

A: Yes. I have a Deed of Absolute Sale to prove our
transaction. (Marked as Exhibit A)

11. Q: I am now showing to you a Deed of Absolute Sale between

Roxanne R. Mangubat and Edha Joy A. Bangoy over a parcel
of land in Barrio Mulig, Davao City and signed as witnesses
are Bonita Maritel and Jepoy Maritel. Is this the same Deed of
Absolute Sale you are referring to?
A: Yes, that is the one. (Marked as Exhibit A)

12. Q: Do you have other documents or proof of ownership over

the parcel of land?
A: Yes, ma’am. I have a Transfer Certificate of Title under my
name (Marked as Exhibit B) and a Tax Declaration under my
name as well (Marked as Exhibit C).

13. Q: I am now showing to you a certified true copy of a Transfer

Certificate of Title No. T-381560 of the Registry of Deeds,
Davao City, issued in the name of Edha Joy A. Bangoy. Is this
the Transfer Certificate of Title you are referring to?
A: Yes, ma’am. (Marked as Exhibit B)

14. Q: I am also showing to you a certified true copy of Tax

Declaration No. 97GR-09-065-0032 of the Office of the City
Assessor Davao City and issued in the name of Edha Joy A.
Bangoy. Is this the same Tax Declaration you are referring to?
A: Yes, that is the one. (Marked as Exhibit C)
15. Q: How then did the defendants occupy the property?
A: I let the vendor, Roxanne R. Mangubat stay on the property
despite having bought it with an agreement that she and her
family will leave when I would need to use the property
already.

16. Q: Where is Roxanne R. Mangubat now?

A: She is already dead.

17. Q: After her death, who continued to stay on the property?

A: Hector Mangubat and his family.

18. Q: How is Hector related to Roxanne R. Mangubat?

A: He is the son of Roxanne.

19. Q: What did you do when you wanted to use the property
already?
A: I orally demanded from the defendants that they leave the
property and gave them two months to do so.

20. Q: What then did you do in the light of their stubborn refusal to
leave?
A: I filed a complaint before the Office of the Barangay.

21. Q: What was the result of such Barangay Proceeding?

A: Despite the efforts for amicable settlement by the Members
of the Lupong Tagapamayapa, defendants vehemently refused
to vacate the property.

22. Q: What did you do next?

A: I sought the assistance of a lawyer to send the defendant a
demand letter (Marked as Exhibit D) giving them a final
opportunity to peacefully vacate the premises to spare them
from court litigation.

23. Q: I have an original copy of a demand letter dated December

6, 2019 addressed to Hector Mangubat, signed by Atty. Bernard
Tejada, handling counsel, with the conformity of Edha Joy A.
Bangoy. Is this the same demand letter you are referring to?
A: Yes, ma’am. (Marked as Exhibit D)

24. Q: Due to the actions of the defendants, did you incur damages
or losses?
 A: Yes, ma’am. I spent almost Php 100,000 for the engagement
of a lawyer to prepare the demand letter and to file this case in
court.

25. Q: What do you now pray for this Honorable Court?

A: I earnestly pray that this Honorable Court render a decision
in my favor, ordering the defendants to immediately vacate the
premises of my property and pay the damages I incurred until
the final resolution of this case.

................
Affiant further sayeth naught.

EDHA JOY A. BANGOY

Affiant

SUBSCRIBED AND SWORN to before me this

6th day of January 2020
at Ground Floor De los Santos Building, Km. 7 Mac Arthur Highway ,
Bangkal, Davao City
Affiant exhibiting to me his Philippine Passport
bearing No. SS12345678 issued on 1/2/19 and
expiring on 1/2/24.

Doc No. 1;
Page No. 2 ;
Book No. 3;
Series of 2020.

ATTY. BERNARD TEJADA

NOTARY PUBLIC
 ATTESTATION OF COUNSEL

I, LARA DE LOS SANTOS, married, Filipino, of legal age with office

address at Ground Floor De los Santos Building, Km. 7 Mac Arthur
Highway , Bangkal, Davao City, after having been sworn to in
accordance with law, hereby attest that:

1. I am the examining lawyer in the foregoing Judicial

Affidavit.
2. I faithfully recorded the questions that I asked and the
corresponding answers that the witness gave in her
Judicial Affidavit.
3. Neither I nor any other person then present assisting
me coached the witness regarding the latter’s answer.

IN WITNESS WHEEOF, I have hereunto set my hand this 6th

day of January 2020 at Davao City, Philippines

ATTY. LARA DE LOS SANTOS

Affiant

SUBCRIBED AND SWORN to me this 6th day of January 2020 at

Davao City, Philippines. Affiant exhibited to me here IBP ID with
Lifetime Membership NO. 12345
Doc No. 2;
Page No. 2 ;
Book No. 3;
Series of 2020.

ATTY. BERNARD TEJADA

NOTARY PUBLIC