Republic of the Philippines )

Province of Davao del Norte ) S. S.

City of Tagum )
x----------------------------------x

JUDICIAL AFFIDAVIT

This Judicial Affidavit of PAPA SMURF, Defendant of this Civil Case No.
987609 for Recovery of Possession and Ownership of Land, is executed to
serve as her direct testimony in the instant case.

This Judicial Affidavit is being offered to prove:

A) That Defendant validly purchased a parcel of land situated in Barangay

San Vicente, Panabo City as evidenced by Transfer Certificate of Title
(TCT)No. T-13935, from its owner Freddie Cockroach;

B) The fact that the property sold by Freddie Cockroach was the latter’s
personal property and not part of the absolute community property of the
spouses Cockroach;

C) The fact that it has already been more than five (5) years before Dionesia
Cockroach brought this action, hence, her right of action has already
prescribed; and

C) All other related matters, facts and circumstances relevant and material
to this case.

This Judicial Affidavit was taken at the office of Atty. Pirmi B. Manalo II at 1 st
Floor. N. Sangalang Building, Magugpo St., Tagum City.

Questions were propounded by Atty. Manalo and these questions are

numbered consecutively and each question is followed by the answer of
the affiant, PAPA SMURF.

Q1: Do you swear to tell the truth and nothing but the truth?

A1: I do.

Q2. Are you aware that you may face criminal liability for false testimony or
perjury if you will not tell the truth?

A2: I am.
Q3. Please state your name, age address and occupation?

A3: I am PAPA SMURF, 50 years old, married, businessman and residing at

Tagum City.

Q4: Do you know Dionesia Cockroach?

A4: Yes, she is the complainant of the herein case and the wife of the late
Freddie Cockroach.

Q5: How did you know Freddie Cockroach?

A5: We were friends.

Q6: Did Freddie Cockroach sold to you a parcel of land?

A6: Yes.

Q7: What happened then?

A7: Before the sale happened, Freddie approached me sometime around

June 2012 asking me to lend him P100,000.00 as he needed money since
his wife, Dionesia, wanted to have their house renovated. Hence, I lent him
the said amount.

Q8: What happened next?

A8: By September 2012, Freddie paid the amount he borrowed. However,

he said he is really in need of money because there is still much to be done
to their house.

Q9: What happened next?

A9: He offered to sell a parcel of land that was donated to him by ABC
Corporation. He even showed me a copy of the Deed of Donation executed
by ABC Corporation and the Transfer Certificate of Title registered in
Freddie’s name.

Q10: I am showing you this Deed of Donation, do you confirm that this is
the document you are referring to?

A10: Yes, that is the Deed of Donation.

Q11: I am showing you this Transfer Certificate of Title in the name of
Freddie Cockroach, do you confirm that this is the document you are
referring to?

A11: Yes.

Q12: What happened next?

A12: Freddie was persistent in convincing me to buy his property.

Eventually, we agreed that I will purchase the lot in the amount of
P400,000.00.

Q13: What happened next?

A13: On October 4, 2012, Freddie and I executed the Deed of Absolute Sale,
with the presence of Dionesia Cockroach and Chiz Moso.

Q14: Did Dionesia signed the Deed of Absolute Sale?

A14: No, she did not.

Q15: Why?

A15: As advised by Atty. Marunong, Dionesia’s signature is not necessary,

as her consent is immaterial since the property sold by Freddie is the
latter’s personal property having been acquired by way of gratuitous
donation from Freddie’s previous employer.

Q16: What happened after Freddie signed the Deed of Absolute Sale?

A16: I gave the agreed purchased price of P400,000.00. It was Dionesia who
received the money.

Q17: What happened next?

A17: After the death of Freddie on 2014, Dionesia had been demanding me
to return to her the property I purchased from Freddie, and threated me
that she will sue me if I refused.

Q18: I refused to return the property since I have legally acquired it and I
told her everytime she would send demand letter that she may freely file a
case against me if she so desires.

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

PAPA SMURF
Affiant

SUBSCRIBED AND SWORN to before me this March 23, 2020 at Panabo

City, Davao del Norte, Philippines, and I HEREBY CERTIFY that I have
personally examined the affiant and I was convinced that he freely and
voluntarily executed his affidavit and understood the contents thereof.

Doc No. ________;

Page No. _______ ;
Book No. _______;
Series of ________.

PIRMI B. MANALO II
Roll No. 43030
IBP No. 873272 Dec 28, 2012
PTR No. 1833670 Jan. 2, 2013 Tagum City
MCLE Exemption No. III-000657
December 16, 2009

ATTESTATION

I hereby state, under oath, that I faithfully recorded the questions I asked
and the corresponding answers that the affiant gave and that neither I nor
any other person present or assisting me has coached the affiant regarding
the latter’s statement.

PIRMI B. MANALO II
 Roll No. 43030
IBP No. 873272 Dec 28, 2012
PTR No. 1833670 Jan. 2, 2013 Tagum City
MCLE Exemption No. III-000657
December 16, 2009

SUBSCRIBED AND SWORN to before me this February 22, 2020 at Tagum

City, Affiant exhibiting to me her driver’s license bearing No. L0534-56789
expiring on 07/08/2022.

Doc No. ________;

Page No. _______ ;
Book No. _______;
Series of ________.

Office of the City Public Prosecutor

Panabo City

Copy Furnished:

Atty. Antonio Banderas

Counsel for Plaintiff
PTR No. 8884567, Panabo City, 1/2/20
IBP OR No. 688821, Panabo City, 1/2/17
Attorney’s Roll No. 11882
MCLE Compliance Certificate No. IV-0025415, Pasig City, 1/2/20