OWNERSHIP:

Hon. Loverita - Presiding Judge

For the Plaintiff:

Attys. Jayvee Baya / Boyd Cablay

For the Defense:

Attys. Don Marcelino / Laurence Hagutin

Witnesses:

Graciela Sales – Neighbor of Pablo Escobar

Hezl Arzadon – Director of Land Registry

Joy Araojo – Witness for Deed of Sale

Laurence Hagutin – Pablo Escobar/Defendant

Boyd Cablay – Juan Dela Cruz/Plaintiff

Court: Call the case

Civil Case No. _____, Juan Dela Cruz v. Pablo Escobar for Ownership.

Court: Appearances?

Plaintiff’s counsel: Appearing as counsel for the plaintiff, we are ready to present our witness, the
plaintiff himself, your honor, in the person of Mr. Juan Dela Cruz.

Defense counsel: For the defense, we are ready to present the defendant, Mr. Pablo Escobar, your
honor.

Court: Call your witnesses.

Plaintiff’s counsel: We will take first to the witness stand our first witness, Mr. Juan Dela Cruz.

Court interpreter: Raise your right hand…

Q: Do you swear to tell the truth, the whole truth, and nothing but the truth?

A: I do.

Q: Please state your name, age, and other personal circumstances.

A: Pablo Escobar, 38 years old, Filipino and a resident of 99 Katipunan St., Concepcion II, Marikina City,
Metro Manila.
Evidence for the plaintiff: Plaintiff’s witness:

Direct examination conducted by the Plaintiff’s counsel:

Plaintiff’s counsel: Your honor please, the testimony of this witness is formally offered to prove the fact
that he is the true and incontrovertible owner of a 589 sqm parcel of land by virtue of succession from
the plaintiff, Alberto Dela Cruz, who died intestate in 1996, and registered in accordance Land
Registration Act (exhibited as Annnex “A”) under the name of his grandfather Pedro Dela Cruz, with an
assessed value of 100,000 and in the course of his testimony, he will identify documents in connection
with this case, and other relative matters. May I proceed, your honor!

Court: proceed!

Plaintiff’s counsel:

GREETINGS!

Q: What was the date of your father’s death?

A: June 2, 1996.

Q: Mr. witness, can you recall the time when you were able to find out/discover that your late father left
a parcel of land located in Brgy. Dalakit?

A: When I discovered a hidden vault inside my father’s old closet.

Q: What was inside the vault?

A: Said vault contains voluminous documents relating to the extent of his properties, investments and
others.

Q: In what particular document where you able to discover the said parcel of land located in Brgy.
Dalakit?

A: Said parcel of land was particularly described in the Affidavit of Self-Adjudication.

Q: Here is the Original Certificate of Title No. 007 with a lot area of 527 sqm located in Brgy Dalakit and
there are signatures affixed thereunder, is this the document you are referring to?

A: Yes, sir. That is exactly the document I discovered in the vault.

Q: Can you recall the time when you last visited the said land?

A: On January 30, 2019. The day after I arrived in Catarman.

Q: So in that moment, precisely, you were able to meet the defendant?

A: Yes, after an inspection of the property in issue and upon a land survey.

Q: Who conducted the inspection and land survey?

A: The director of LRA, Ms. Hezl Arzadon.

A: Can you point before the court this defendant?

Q: POINT!

Q: Do you know personally the defendant?

A: No.

Q: What did you do after the inspection and land survey?

A: I made representation to the defendant through the undersigned lawyer, informing him of the
indefeasible and imprescriptible torrens title that I have over the property…

Defense counsel: OBJECTION! That is narration.

Court: Sustained!

Q: Do you recall what transpired next?

A: Yes. When I showed to him said title, he did not recognize the same claiming he has purchased the
land without showing any document.

Q: And then, what follows next?

A: He threatened me saying that blood will flow if I disturb him again.

Q: What other attempts did you make to oust the defendant?

Defense counsel: OBJECTION! That is leading.

Court: Sustained!

A: I made repeated attempts through notices and demands with the defendant but to no avail he did not
recognize my rights.

Plaintiff’s counsel: That is all your honor for this witness.

Court: Cross examination?

Defense counsel: Yes, your honor. May I proceed?

GREETINGS!

Q: Mr. Witness, earlier you testified, that you father died on June 2, 1996. What was your age then?

A: I was 16 at that time.

Q: So, you are not yet of legal age at that time, correct?

A: Correct.

Q: Did your father, during his lifetime, mentioned a parcel of land located in Brgy. Dalakit?

A: No, I cannot recall. Maybe he mentioned it but my memory fails to remember.

Q: How can you prove before this court the authenticity and veracity of the Affidavit of Self-
Adjudication?

A: I can attest its authenticity by identifying to you that the same was duly signed by my father.

Q: Was it notarized?

A: I believe so.

Q: So, you are not sure?

A: Yes.

Q: You also stated that along with the said affidavit, you were able to discover other documents. What
are the other documents you were discovered?

A: I also discovered documents relating to the extent of my father’s properties, investments, holdings
and numerous tax certificates.

Q: By the time you arrived in Catarman, Northern Samar on January 30, 2019, were you immediately
met the director of land registration?

A: Not yet. I took a nap first, after which, I proceeded to the Provincial Capitol to ask her for a quick
inspection.

Q: You mentioned earlier that you made representation to the defendant through the undersigned
lawyer, informing the defendant of the indefeasible and imprescriptible torrens title that you have over
the property, where is this torrens title?

A: It is in custody of my counsel.

Q: Will you prove its authenticity and reliability?

A: I can attest its authenticity and reliability by showing to you that the same was signed by myself,
witnessed, and duly notarized by the counsel named therein.

Q: You said that you made repeated attempts through notices and demands, can you recall how many
attempts did you make?

A: Roughly, five times.

Q: So, you are not sure again?

A: I am sure.

DIRECT EXAMINATION ON THE DEFENDANT:

Court Interpreter: Please state your name, age and other personal circumstances. Do you swear to tell
the truth…

Defendant: I am Pablo Escobar, 47 years old, and a resident of 12 Capitol Road, Brgy. Dalakit, Catarman,
Northern Samar.
Defense counsel: Your honor please, the testimony of the defendant is formally offered to prove the fact
that he is the true owner of the property in dispute by virtue of a Deed of Absolute Sale (attached herein
as Exhibit 1) issued by the deceased grandfather of the plaintiff, Pedro Dela Cruz, including tax
declarations and that the ownership of the said property has been divested in favour of the defendant.

Court: Proceed!

Q: Can you state before this tribunal the name of the seller?

A: Yes. The seller who sold the property to me was Pedro Dela Cruz.

Q: Can you recall the time when a parcel of land located in Brgy. Dalakit was sold to you?

A: Yes. That was on May 8, 1987.

Q: Before the said transaction, did he, in any way, offer this lot to you, how many times precisely?

A: I think 2 to 3 times.

Q: Do you know this Pedro Dela Cruz personally?

A: Yes, he is a family friend.

Q: Can you still recall what transpired during the transaction?

A: Yes. On May 8, 1987 he executed and issued to me a Deed of Absolute Sale.

Q: Can you remember the persons present during the execution of the deed?

A: Yes, my neighbours Sofronia Kabute and Joy Araojo were present at that time.

Q: What did they do, aside from being there?

A: They served as witnesses of the Deed of Absolute Sale.

Q: Who notarized the deed of sale?

A: It was Atty. Marlon Rubiano

Q: Can you, at least, describe the disposition of the seller at the time of the sale?

A: As far as I can remember, he was in good mood, voluntarily executed the deed.

Q: Do you know personally the plaintiff?

A: No.

Q: How about the wife of Pedro Dela Cruz, do you know her?

A: Yes. She used to be my godmother.

Q: Was she present at the time of the sale?

A: Yes.

Q: Aside from the deed of sale, what other proof of ownership could you present?
A: I have been dutifully paying real estate taxes as evidenced by the tax declarations (attached as Annex
“2”) to the Municipality of Catarman.

Counsel: Our next witness is the Provincial Director of the Land Registration Office. His testimony is
being offered to show the veracity and validity of the Transfer Certificate of Title No. 007 and all the
matters related thereto.

Q: How long have you worked for the Land Registration Authority?

A: I have been with the LRA for 27 years. I have been a Provincial Director for 7 years.

Q: What are your functions?

A: My duty is to oversee the registration of lands, protection of the torrens titles and to serve as
depositary for said applications, titles and registrations.

Q: So if an application for titling or conveyance of title is submitted, do you have authority over it?

A: Yes, I have.

Q: Do you know the plaintiff in the instant case?

A: Yes, sir.

Q: How did you come to know him?

A: Mr. Dela Cruz came to the office to inquire about the authenticity TCT and his rights regarding the
same.

Q: Do you recognize this document with a TCT No. 007?

A: That is the document he presented.

Q: Is this document genuine?

A: Yes, I checked with our records and found the exact copy on our records section.

Q: All signatures and seal are in order verifiable by the serial number. Is the document still valid?

A: Yes. A torrens title operates as a lien against the whole world, it is indefeasible, incontrovertible and
imprescriptible, unless the owner of the same made an act of transfer to another, the certificate of title
is impregnable. The fact that the title is under the name of the deceased grandfather does not diminish
the validity of title.

Q: Do you know of any other application for title on the said land?

A: There has been no action filed on the property.

Q: Do you know the defendant?

A: Yes, sir. As Catarman is such a small town.

Q: Has he not applied for an application to the land?

A: Not that I know of sir.

CROSS-EXAM:

Q: Are you familiar with the plaintiff in this case?

A: Yes.

Q: How do you come to know the plaintiff?

A: The plaintiff came to my office to inquire as to the validity of the TCT.

Q: