Republic of the Philippines

REGIONAL TRIAL COURT OF BOHOL

7th Judicial Region
Branch, 52
Talibon, Bohol

THE HEIRS OF ENGR. ANDRESITA ALO,

namely: JERSON ALO and ASHLEY ALO,
Plaintiffs.
CIVIL CASE NO. 0000
For: ANNULMENT OF DEED
OF SALE AND/OR FOR
ANNULMENT OF DEED OF
MORTGAGE, RECOVERY OF
OWNERSHIP AND
POSSESSION, ATTORNEY’S
FEES, DAMAGES, ETC.

-versus-

LESLIE ARROYO AND THE SECOND

CONSOLIDATED BANK OF UBAY
(SCB) INC.,
Defendants.
x------------------------------------------x
(REPUBLIC OF THE PHILIPPINES)
(CITY OF TAGBILARAN) S.S.

JUDICIAL AFFIDAVIT

I, JERSON ALO, of legal age, Filipino, single, and a former resident of 123 Guiwanon, Baclayon,
Bohol, and now a legal resident of Avida Tower 1, Unit 1000, 100th Avenue, Ubay City, after
having been sworn to in accordance with law, do hereby depose and say:

PRELIMINARY STATEMENTS

That the taking of this Judicial affidavit was conducted by ATTY. Lecille Palgan of Tagbilaran City
conducted on the 9th October 2019 at the Palgan Law Offices, 20, Palgan Street, Ubay City,
Bohol, Philippines;
 That undersigned affiant hereby attests that he answered the questions asked of him fully
conscious that he does so under oath, and that he may face criminal liability for false testimony
or perjury;

QUESTION ASKED OF THE WITNESS AND HIS CORRESPONDING ANSWERS

Q.1. Are you the same Jerson Alo who is one of the heirs of the late Engr. Andresita Alo
A.1. Yes.

Q.2. How are you related to the late Engr. Andresita Alo
A.2. She is my mother sir.

Q.3. Are you the same Jerson Alo who is one of the plaintiffs in the instant case?
A.3. Yes.

Q.3. How are you related to Ashley Alo , one of the plaintiffs in the instant case?
A.3. She is my sister sir.

Q.4. How is Ashley Alo related to the late Engr. Andresita Alo?
A.4. She is the daughter sir.

Q.5. Do you remember having signed a Complaint for Annulment of Deed of Sale and/or for
Annulment of Deed of Mortgage, Recovery of Ownership and Possession, Attorney’s Fees,
Damages, Etc., against the defendants Leslie Arroyo and the SECOND CONSOLIDATED BANK OF
UBAY (SCB) INC.?
A.5. Yes sir.

Q.6. I am showing to you a document entitle “THE HEIRS OF THE LATE ENGR. ANDRESITA ALO,
namely: Ashley Alo and Jerson Alo, Plaintiffs versus Leslie Arroyo and SECOND CONSOLIDATED
BANK OF UBAY (SCB) INC., Defendants, For: ANNULMENT OF DEED OF SALE AND/OR FOR
ANNULMENT OF DEEF OF MORTGAGE, RECOVERY OF OWNERSHIP AND POSSESSION,
ATTORNEY’S FEES, DAMAGES, ETC., COMPLAINT”, what is the relation of this document to the
Complaint that you mentioned awhile ago?
A.6. This is the document that I was referring to sir.
(It is prayed that this Complaint dated 16 September 2019 be marked as our Exhibit “A”.)

Q.7. Where is this mother of yours, Engr. Andresita Alo now?

A.7. She is now dead sir.

Q.8. What proof do you have that Engr. Andresita Alo indeed died on 18 November 1995?
A.8. I have her Death Certificate sir.
Q.9. I am showing to you Certificate of Death issued by the Local Civil Registry of Tagbilaran
indicating herein the name of the deceased as “Engr. Andresita Alo” with November 18, 1995”
as the date of death, which we have here on file and which is attached and marked as Annex
“D” in the Complaint dated 16 September 2019, what is the relation of this document to the
Death Certificate that you mentioned earlier?(Witness is examining the Certificate of Death
attached and marked as Annex “D” in the Complaint dated 16 September 2019.)
A.9. This is the Death Certificate of Death of Engr. Andresita Alo be marked as our Exhibit “B”.)

Q.10. After the death of Engr. Andresita Alo on November 1995, who is those persons or heirs
that survived him?
A.10. My sister and me sir.

Q.11. Who is this sister of yours again?

A.11. Ashley Alo sir.

Q.12. And how are they related to the plaintiffs in the instant case?
A.12. They are the same person.

Q.13. This late mother of yours, Engr. Andresita Alo was she able to acquire and possess
properties during her lifetime?
A.13. Yes sir.

Q.14. What did you and your sibling do, as heir of the late Engr. Andresita Alo, with regard to
the properties that she left?
A.14. We agreed to partition all the properties of our parent and at the same time my sister
agreed to authorize me to trace all of them and recover it if necessary.

Q.15. And this authority conferred upon you by your sister is evidenced by what document?
A.15. By a special power of attorney sir.

Q.16. I am showing to you a Special Power of Attorney dated 8 Febuary 2019 attached and
marked as Annex “A” in a Complaint dated 16 September 2019 which we have here on file, can
you please go over this document and tell me what is the relation of this document to the
Special Power of Attorney that you mentioned earlier? (Witness is examing the document with
a heading Special Power of Attorney attached and marked as Annex “A” in the Complaint dated
16 September 2019.)
A.16. This is the Special Power of Attorney that I was referring to sir.(It is prayed that his Special
Power of Attorney attached and marked as Annex “A” in the Complaint dated 16 September
2019 be marked as our Exhibit “D” for the plaintiffs.)

Q.17. In the opening statement and in the bottom part of this document with a heading Special
Power of Attorney attached and marked as Annex “A” in the Complaint dated 16 September
2019 the name of Ashley Alo, who is this person?
A.17. My sister sir.
Q.18. At the bottom part of this document with a heading Special Power of Attorney attached
and marked as Annex “A” in the Complaint dated 16 September 2019 below the heading
“ACCEPTED”, there appears the name of a certain “Jerson Alo, Attorney-in-Fact”, who is this
Jerson Alo being referred to in this document?
A.18. That is me sir.

Q.19. There is a signature above the name of Jerson Alo, Attorney-in-Fact”, whose signature is
this?(Witness is examining the document with a heading Special Power of Attorney attached
and marked as Annex “A” in the Complaint dated 16 September 2019.)
A.19 This is my signature sir.(It is prayed that the name and signature of Jerson Alo, Attorney-in-
Fact” be bracketed and be marked as our Exibit “D-2”.)

Q.20. At the bottom portion of the second page of this document with a heading Special Power
of Attorney attached and marked as Annex “A” in the Complaint dated 16 September 2019,
there appears to be a name of Janeth Aguas , Notary Public- City of Makati” and a signature
above said name, whose is signature is this?(Witness is examining the document with a heading
Special Power of Attorney attached and marked as Annex “A” in the Complaint dated 16
September 2019.)
A.20. That is the signature of Atty. Aguas sir.

Q.21. How can you be certain that this signature belongs to Atty. Janeth Aguas?
A.21. I saw her sign on this Special Power of Attorney sir.(Witness answered while holding the
document with a heading Special Power of Attorney attached and marked as Annex “A” in the
Complaint dated 16 September 2019.)
(It is prayed that the name and signature of “Janeth Aguas, Notary Public- City of Makati”, be
bracketed and be marked as our Exhibit “D-3”.)

Q.22. Which property of your late mother, have you discovered which is also the subject matter
of the instant case?
A.22. I discovered a property in Camambugan, Ubay, sir, which is now in HumayHumay, Ubay.

Q.23. What proof do you have that your mother, Engr. Andresita Alo, during her lifetime,
owned a parcel of land in Camambugan, Ubay , which is now in HumayHumay, Ubay?
A.23. I have tax declarations for that.

Q.24. This Engr. Andresita Alo named as owner in these Tax Declaration Nos. R2222 and 1111,
how is this person related to Engr. Andresita Alo which you said earlier is you mother?
A.24. She is the same person sir.
(It is prayed that the name “Engr. Andresita Alo” in Tax Declaration No. R2222 and Engr.
Andresita Alo” in Tax Declaratin No. 1111 be bracketed and be marked as our Exhibit “E-1” and
“F-1”, respectively.)
Q.25. What other proofs do you have that your mother, during her lifetime, owns a property
located at HumayHumay, Ubay, Bohol, which was previously a part of Camambugan, Ubay,
Bohol?
A.25. I also have the tax history on the property sir.

Q.26. I am showing to you a document issued by the Office of the Provincial Assessor, Province
of Bohol, City of Tagbilaran, dated 27 April 2019, attached and marked as Annex “F” in the
Complaint dated 16 September 2019, what is the relation of this document to the tax history
that you mentioned earlier?
A.26. That is what I was telling you sir.
(It is prayed that the tax history attached and marked as Annex “F” in the Complaint dated 16
September 2019 be marked as our Exhibit “G”.)

Q.27. What other proof do you have that your late mother, Engr. Andresita Alo, owned a parcel
of land in Camambugan, Ubay, which is now in HumayHumay, Ubay?
A.27. I have Affidavits of long-time residents of Ubay sir who knew our mother.

Q.28. I am showing to you a Joint Affidavit of Two Disinterested Persons dated 02 September
2019 executed by a certain Ted Bundy and Joker, what is the relation of this Joint Affidavit of
Two Disinterested Persons whit the Affidavit that you mentioned earlier?
A.28. That is the Affidavit that I was telling you sir.
(It is prayed that the Joint Affidavit of Two Disinterested Person dated 02 September 2019 be
marked as our Exhibit “H”.)

Q.29. You mentioned earlier that this property evidenced by Tax Declaration Nos. R2222 and
1111 is located in Camambugan, Ubay, which is now HumayHumay, Ubay, how come did this
property of your date mother came to be located from Camambugan, Ubay, to HumayHumay,
Ubay?
A.29. The address of the locality where our property is located sir was previously named as Sitio
HumayHumay, Barangay Camambugan, Ubay. This time, Sitio HumayHumay became a separate
barangay from Barangay Camambugan, Ubay.

Q.30. What is your basis in saying that?

A.30. The affidavits of Ted Bundy and Joker, who are long time residents of Ubay, Bohol.
(Witness is reading the above-mentioned names from the Join Affidavit dated _ September
2019.)

Q.31. What have you discovered with regard to this property which was previously owned by
your late father, Engr. Andresita Alo?
A.31. We discovered that it is occupied by Leslie Arroyo.

Q.32. How is this Leslie Arroyo that your mentioned related to the Leslie Arroyo, one of the
defendants in the instant case?
A.32. She is the same person sir.
Q.33. What did you do upon discovering that this property of yours previously owned by your
late mother, Engr. Andresita Alo, is occupied by first defendant Leslie Arroyo?
A.33. We referred the matter to our lawyer sir.

Q.34. And what did your lawyer do after referring your problem to him?
A.34. He sent a demand letter sir to Leslie Arroyo requesting her to vacate our property.

Q.35. What else have you found out about this property of yours situated at HumayHumay,
Ubay, Bohol?
A.35. We also learned that Leslie Arroyo acquired our lot form the Second Consolidated Bank.

Q.36. And what is the relationship of this Second Consolidated Bank that you referred to the
second defendant Second Consolidated Bank (SCB) Inc., in the instant case?
A.36. It is the same bank sir.

Q.37. What proof do you have in saying that?

A.37. We were able to acquire a Deed of Sale.

Q.38. I am showing to you an undated and unnotorized Deed of sale with the Second
Consolidated Bank as vendor and Leslie Arroyo as the vendee attached and marked as Annex
“H” in the Complaint dated 16 September 2012, what is the relation of this document to the
Deed of Sale that you mentioned awhile ago?
A.38. That is the Deed of Sale that I was referring to sir.
(It is prayed the Deed of Sale attached and marked as Annex “H” in the Complaint dated 16
September 2019 be marked as our Exhibit “M”.)

Q.39. What else have you learned about said lot which is the subject matter of the instant case?
A.39. We heard that Leslie Arroyo is in the process of titling the lot sir.

Q.40. Upon learning all the things that you just narrated with regard to the property of your
late mother situated in HumayHumay, Ubay, which you now co-own with your co-plaintiff in
the instant case, what did you do?
A.40. We then filed an Adverse Claim sir before the D.E.N.R.

Q.41. What else have you found out regarding this property which is the subject matter of the
instant case?
A.41. We were looking for some documents sir if this property was ever sold or mortgaged by
our late mother.

Q.42. And what have you found that after that?

A.42. It was never sold sir and it was never mortgaged.

Q.43. What then did you do after that?

A.43. We then filed this case sir.
Q.43. How much did you then obligate yourself and your co-plaintiff in the instant case to
compensate your lawyer in filling the instant case?
A.43. We paid our first lawyer in the amount of P20,000.00 as attorney’s fees sir.

Q.44. And how much did you and your co-heir and co- plaintiff in the instant case spent in
compensating your first lawyer as her appearance fee?
A.44. We paid him the amount of P2,500.00 in each court appearance.

Q.45. How about this humble representation, how much did you and your co-heir and co-
plaintiff in the instant case paid her in securing her services?
A.45. We also paid her the amount of P20,000.00 as attorney’s fees sir.

Q.46. What about her appearance fee in each court hearing, how much are you paying him?
A.46. We agreed on paying her the amount of P4,500.00 per hearing sir.

Q.47. In an attempt to deprive you and your co-heir and co-plaintiff of the property previously
owned by your late mother, Engr. Andresita Alo, who already passed away, and which property
rightfully belongs to you and your co-heir and co-plaintiff, what did you and your co-heir feel?
A.47. We are worried sir that the property which has been acquired by our late mother through
her efforts would just pass on to someone who has no right to own and possess the same.

Q.48. If being asked to convert what you and your co-heir are feeling, how much would you be
asking from this Honorable court as moral damages?
A.48. I think it would be best to leave the matter to the Court sir.

Q.49. As a deterrent to others, not to follow the unlawful acts of the defendants herein, how
much would you be asking from this Honorable Court as exemplary damages?
A.49. I would also leave that matter to the Court sir.

IN WITNESS WHEREOF, I have hereunto affixed my signature this October 11, 2019 at
Tagbilaran City, Bohol, Philippines.

JERSON ALO