Republic of the Philippines

Supreme Court
11TH JUDICIAL REGION
Regional Trial Court – Branch 27
Tandag City, Surigao del Sur

HELEN ESCUYOS JOHNSON, Civil Case No. 2004-20

Plaintiff
For:
-versus-
Declaration of Nullity of
HRS OF LEOPOLDO P. Document with
DALAYAN, namely: AIDA Z. Reconveyance, Damages
DALAYAN, LEONIDA Z. and Attorney’s Fees
DALAYAN, LOEPOLDO Z.
DALAYAN, JR. and GILBERT
Z. DALAYAN and SPOUSES
JOERIE B. MAGLANGIT and
LOUIME Z. MAGLANGIT,
Defendants
X- - - - - - - - - - - - - - - - - - - - -/

COMPLAINT
(AMENDED)

COMES NOW, the plaintiff, by the undersigned counsel, unto this

Honorable Court respectfully alleges that:

THE PARTIES

1. Plaintiff Helen Escuyos Johnson (HELEN) is of legal age,

widow, Filipino citizen, with resident and postal address at
Telaje, Tandag City. She is hereby represented by Fe Q. Quico, who
is also of legal age, widow, Filipino citizen, and resident of Boniao
Village, Telaje, Tandag City, Surigao del Sur, Philippines;
Machine copy of the Special Power of Attorney executed by Helen
Escuyos Urbista (Johnson) authorizing Fe Q. Quico is herein attached and
marked as Annex “A” and made an integral part hereof;

For purposes of this Complaint, Plaintiff may be served with

the copies of notices, orders, resolutions, decisions and other court and
legal processes of the Honorable Court through JOSE P. ZAFRA, IV
Page 1 of 13
Petition for Declaration of Nullity of Contract, etc.
Helen Escuyos Urbita vs. Leopoldo Dalayan, et al.
of Zafra Law Offices at 086 Osmeña St., Purok Maganda, Barangay Bag-
ong Lungsod, Tandag City, Surigao del Sur.

2. Leopoldo P. Dalayan (LEOPOLDO) is already dead and he is

survived by his heirs namely: Defendants Aida Z. Dalayan (AIDA),
Leonida Z. Dalayan, Loepoldo Z. Dalayan, Jr. and Gilbert Z. Dalayan,
are of legal age, Filipino citizen, and currently residing at Barangay
Magobawok, Bayabas, Surigao del Sur--- where they may be served with
summons and other Court processes

3. Defendant Spouses Joerie B. Maglangit (JOERIE) and Louime Z.

Maglangit (LOUIME) are also of legal age, Filipino citizen, and currently
residing at Barangay Magobayok, Bayabas, Surigao del Sur--- where
they may be served with summons and other Court processes;

DESCRIPTION OF PROPERTY

4. The property involved is covered by tax declaration and a title. It is

situated at Balete, Bayabas, Surigao del Sur is hereby described as
follows, to wit:

Covered by TD No.: OCT No. 10049

02 0002-00220 (FP No. 508843)
Lot no.: Lot 745-Part Lot 745
Classification Agricultural (Riceland)
Owner Benito Lozada Heirs of Benito Lozada
(Deceased) Rep. by Jacundiano
Escuyos
Area 18,273 sq. m. 29,052 sq. m.
Assessed Value Php 49,370.00

Machine copy of the Tax Declaration No. 02 0002-00220 and OCT

No. 10049 are hereto attached and marked as Annex “B” and Annex “C”
respectively and made as an integral part hereof.

STATEMENT OF FACTS

5. The above-mentioned property bought by Juana L. Escuyos

(JUANA) and her husband Jacundiano Escuyos, Sr. (Jacundiano,
Sr.) For more than fifty (50) years or since 1967, they are the one paying
the taxes of the land. They are also the one planting and harvesting
palay to the exclusion of everybody;

6. Accordingly, sometime in March of 2008, Juana L. Escuyos

(JUANA), Leopoldo, Aida, Joerie and Louime executed an Extra
Judicial Settlement with Deed of Absolute Sale (EJS). Purportedly, Adela
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Petition for Declaration of Nullity of Contract, etc.
Helen Escuyos Urbita vs. Leopoldo Dalayan, et al.
L. Zapanta (ADELA) and some unknown witnesses also signed the
subject EJS;

Machine copy of the Extra Judicial Settlement with Deed of Absolute

Sale is hereto attached and marked as an Annex “D” and made an integral
part hereof.

7. The property which is subject of the EJS is situated at Hinaplian,

Balete, Bayabas, Surigao del Sur, containing an area of 1.8273 hectares,
particularly described as rice land, bounded on North by 009; on the East
by 011; on the South by road; on the West by 008 covered by ARP no.
0029 – declared in the name of Benito Lozada. The same land described
in Annex “B” and Annex “C”;

8. As indicated in the EJS, Juana, Leopoldo married to Aida, Joerie

married to Louime are described as the “surviving and legitimate
compulsory heirs of the late Benito Lozada They are designated as
“Heir-Vendor” and that they “adjudicate unto and among themselves
the above-described real property extra-judicially as their common
property”;

9. It appears that sometime in March 2008, two (2) alleged vendors –

Juana and Adela, signed the subject EJS in favor of Leopoldo and
Jorie for a minuscule amount of P60,000.00 for a very productive land
with a 300 sacks of seedling (semelya). Purportedly, these “Heir-
Vendor” are the only surviving heirs of Benito Lozada (BENITO), the
original owner of the subject property;

10. They made it appear that they, being the only surviving heirs of
Benito, “for the best interest of the parties”, “sell the same to
Leopoldo P. Dalayan and Joerie B. Maglangit”;

11. However, the truth of the matter is, the land (Lot 745) is co-
owned by the Heirs of Benito Lozada. Upon the death of Benito, the
following compulsory heirs survive him, to wit:

A. Juana L. Escuyos, upon her death she is survived by;

i. Helen Escuyos Johnson;
ii. Bevelyn Escuyos Garrido;
iii. Jocelyn Escuyos Lengyel;
iv. Jacundiano Escuyos, Jr. (deceased);
v. Lalaine Escuyos (deceased)
B. Epegmenia Lozada-Acop (deceased);
C. Adela Lozada-Zapanta (deceased);
D. Amador Lozada (died without issue);
E. Roman Lozada (deceased); and
F. Azucena Lozada-Acevedo (deceased)

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Petition for Declaration of Nullity of Contract, etc.
Helen Escuyos Urbita vs. Leopoldo Dalayan, et al.
12. Also, for several years, Juana was incapacitated. She cannot even
stand up or even eat by herself. On April 23, 2009, Juana dies in
Purok River Side, Brgy. Telaje, Tandag City, where she stayed and
never left during her last days. Before her demise, she was taken cared of by
Elena Ulvida Escuyos (ELENA), wife of Jacundiano L. Escuyos, Jr., for
several years;

Machine copy of the Death Certificate of Juana L. Escuyos is hereto

attached and marked as an Annex “E” and made an integral part hereof.

13. Upon knowing of the alleged sale, plaintiff immediately informed

her relatives and siblings with regard to the transaction entered into by their
late mother Juana and auntie Adela to the Defendants;

14. Plaintiff’s relatives and siblings informed her that they are not aware
of any transaction involving the land they co-owned, specially selling
the said land to herein defendants Leopoldo and Joerie. In fact, they are
unison in saying that it is impossible for Juana to sign the EJS, as the latter
was “bedridden” due to her serious illness;

15. Sometime in the year 2008, when EJS was allegedly executed, Juana
was already in advanced age and she had been suffering with physical
condition where all of the time Juana laid on her bed. For a number of
years, she cannot use her hands properly. Elena, the one who accompanied
Juana, can prove these facts. Thus, it is highly beyond the reach of
Plaintiff’s imagination that her mother – Juana will enter into contract
of sale and was able to sign it the way it appear on the EJS;

16. So, plaintiff personally met and talked to Juana and Adela. Both
strongly denied selling the property to Leopoldo and Jorie. Upon
showing the EJS, they were shocked seeing their names and signatures.
Instantaneously, the two were made to write and express their
sentiments on a piece of paper dated April 23, 2008;

17. Because Juana can no longer write, she let plaintiff transcribe her
take on the matter and just affixed her true signature at that time. It takes a
minute or two for her to affix her signature because, again, she has
difficulty in writing. Accordingly, she did not give her consent about
selling the property in Hinaplian, Bayabas;

18. As to Adela, she herself wrote her view on the impression of

selling the property to Leopoldo and Jorie through the EJS. She
expressed her abhorrence to the two alleged vendors. She even
proposed that if the property will be sold, it will be sold to her. Similarly,
she wrote he name and affixed her true signature;

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Petition for Declaration of Nullity of Contract, etc.
Helen Escuyos Urbita vs. Leopoldo Dalayan, et al.
19. With these, it already appeared that the subject EJS is a fabrication.
It readily appear that the signatures of Juana and Adela in the EJS is very
different from their true signatures;

Machine copy of the Kasayoran sa Tanan dated April 3, 2008

reflecting the signatures of Juana and Adela is hereto attached and marked
as an Annex “F” and made an integral part hereof.

20. Earnest efforts have been made by the Plaintiff to settle the
conflict for reason that the parties are relatives. Plaintiff Helen has to
fly from Australia just to talk with the defendants. However, despite of that,
defendants were adamant to settle the same;

21. Plaintiff persuaded to elevate the same to the Office of Barangay

Captain – Balete to settle amicably, but, still, the parties involved failed to
reach an agreement;

Copy of the Certificate to File Action is hereto attached and marked

as an Annex “G” and made an integral part thereof.

22. It is worthy to note that the plaintiff is the lawful heir of the late
Juana L. Escuyos, one of the owners of the land subject of this
complaint. As one of the legal heirs, Plaintiff is entitled to all legal
rights embodied by law, among these are the following; the right to
demand, recover or rescind on whatever unlawful transactions entered into
by other persons involving her rights/shares;

23. Truth is death is bound to happen and when a person perceived

that death is very imminent, often than not, social norm dictates, that a
person’s top priority should usher to reach out with her loved ones, and
among these things that she is most concerned with, is her family;

24. Definitely, she will consult every now and then the turn of events
of her family, especially to Elena who was with her all the time. Thus, it
is highly illogical that plaintiff’s mother (Juana), who was very sickly,
would engage into transaction that will eventually turn out into the
disadvantage of heir family;

25. In the same vein, upon checking the signature of Plaintiff’s

mother wherein the plaintiff is familiar with, it has been found out
that it is not her signature as appeared from in her other transactions. All
her relatives also strongly believed that the signature appeared above the
name of Adela is not her signature;

26. Hence, this leads into logical conclusion that the signature
appeared in the EJS is not authored by Juana and Adela; either
it is done by means of forgery or fabrication;

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Petition for Declaration of Nullity of Contract, etc.
Helen Escuyos Urbita vs. Leopoldo Dalayan, et al.
27. As revealed also in the EJS, among the parties involved Leopoldo P.
Dalayan, Aida Z. Dalayan, Joerie B. Maglangit and Louime Z.
Maglangit, impleaded as defendants in the herein case, are not
considered by law as lawful heirs to represent Banito to inherit thru
intestate succession. They are not included as heirs of Benito to state
that they will “adjudicate unto and among themselves the above-
described real property extra-judicially as their common property”;

28. The plaintiff desires that the above real estate, if ever the heirs of
Benito and Juana will sold it, be sold to herein plaintiff as this land has
sentimental value to her and she would like to exercise her right of first
refusal;

LEGAL BASIS

29. Our Law on Sales specifically provides that the principal parties
who entered into contract of sale must have the capacity to enter
into contract, and it is required, inter alia, that consent of the parties
concerned must be freely given;

30. If the signature of the party was forged, then undoubtedly,

Plaintiff’s mother – Juana did not take part to the transaction
involved. And if she did not participate, there is no contract of sale
to speak of, as far Plaintiff’s mother share is concerned.
If the there is no consent, then the contract of sale entered into is
void ab initio;

31. Following the order of intestate succession, it is explicitly

provided, among others, that the first order priority to inherit the
estate of the decedent is the descending direct line which includes, namely;
legitimate children and their descendants (Sec. 978, Civil Code of the
Philippines);

DAMAGES

32. Due to the erroneous and illegal transaction entered into by the
defendants and by prohibiting herein Plaintiff from enterig the land, the
latter suffered sleepless nights and serious anxiety for which she asked the
sum of P50,000.00 as moral damages and to set an example to others
similarly situated plaintiff should be awarded exemplary damages in
the sum of P20,000.00 and defendant to pay the cost of this suit;

33. As a consequence of the aforestated illegal acts of the defendants,

plaintiff is constrained to secure the services of counsel and agreed to
pay the sum of P 30,000.00 by way of attorney’s fees plus P3,000.00
per court appearances.
Page 6 of 13
Petition for Declaration of Nullity of Contract, etc.
Helen Escuyos Urbita vs. Leopoldo Dalayan, et al.
NUMBER AND NAMES OF WITNESSES
AND THE SUBSTANCE OF THEIR RESPECTIVE TESTIMONIES

A. HELEN ESCUYOS JOHNSON

- She will testify among others of the pertinent facts and issues of
the case and identifies pertinent documents related to the case;
- that she is a surviving heir of Spouses Juana Lozada (JUANA) and
Jacundiano Escuyos, Sr. (JACUNDIANO, SR.), the owner of the
property designated as Lot no. 745 with an area of more or less
three (3) has. situated in Hinaplian, Bayabas, Surigao del Sur and
covered by OCT no. 10049 registered in the name of Heirs of
Benito Lozada Rep. by Jacundiano Escuyos;
- that Juana is an heir of Benito Lozada;
- that their family, when Juana and Juscundiano, Sr. were still alive
and capacitated, was the one cultivating the land for more than
fifty (50) years or since 1967 and they are the one paying the
taxes;
- that the Extra Judicial Settlement with Deed of Absolute Sale
(EJS) which is the basis of ownership of the Defendants is a
falsified document; her mother Juana was bed-ridden and
incapacitated and the signatures of Juana and Adela Zapanta
(ADELA) appearing on the document
- that she confronted Juana and Adela and the two denied selling the
land to Leopoldo Dalayan and Jorie Maglangit and they write
down their sentiments and give their sample signatures to show
that the one appearing on the EJS are not theirs;
- that she lives in Bayabas for almost eight (8) months before
returning to Australia just to exhaust all earnest efforts to retrieve
the land but Defendants are adamant to their plea;
- she will testify on Damages they suffered;

B. BEVELYN ESCUYOS GARRIDO

- She will testify among others of the pertinent facts and issues of
the case and identifies pertinent documents related to the case;
- that she is one of the heirs of Juana L. Escuyos and Jacundiano
Escuyos and that they are the owners of the land subject of the
case for their family is the one cultivating the land for more than
fifty (50) years or since 1967 and they are the one paying the
taxes;
- that it is not possible for Juana and Adela to have executed the EJS
as the document is a forgery;
- that the signatures of Juana and Adela appearing in the EJS are not
theirs;
C. ELENA ULVIDA ESCUYOS
- She will testify among others of the pertinent facts and issues
of the case and identifies pertinent documents related to the case;
Page 7 of 13
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Helen Escuyos Urbita vs. Leopoldo Dalayan, et al.
 - that she will also corroborate the testimony of Helen Escuyos
Johnson and other witnesses;
- that their family, being the heirs of the late Juana Lozada
Escuyos (JUANA) is the owner of the said land with an area
of 29,052 sq. m. more or less and covered by OCT No. 10049
in the name of Heirs of Benito Lozada Rep. by Jacundiano
Escuyos;
- thay they are religiously paying the taxes of the land every year;
- that Spouses Juana and Jacundiano, Sr. have been in open,
continuous, exclusive and notorious possession and occupation
in the concept of an owner of the said land, more than fifty (50) years
or since 1967;
- that Physically impossible for Juana to appear before Atty.
Pretextato Montenegro and to have signed the Extra Judicial
Settlement with Deed of Absolute Sale (EJS) as she was
bedridden and unable to write properly;
- that she is very familiar with the true signature of Juana and of
Adela L. Zapanta for having known them fro several years and
have seen them actually sign. The signatures appearing on the
subject EJS are not that of Juana and Adela;
- that he was the one who took good care of Juana for several
years until her demise on April 23, 2009 at her death bed due to
several complications;

D. FE QUIÑONEZ QUICO
- She will testify among others of the pertinent facts and issues of
the case and identifies pertinent documents related to the case;
- that she has an Special Power of Attorney from Helen Escuyos
Johnson to represent the latter to continue negotiating with the
Defendant for the return of the land;
- that she talked with Louime Z. Maglangit and the latter agreed to
return the land upon the return of the P60,000.00 alleged purchase
price of the land but when the money is to be handed to Louime
the latter surprisingly refused to accept;
- that she personally knew Juana L. Escuyos for several years for
being friend and previous co-worker when they used to work at
DSWD-Province of Surigao del Sur;
- that when she saw and have examined the EJS, she cannot believe
that Juana executed and have signed it as she personally know that
Juana was incapacitated for several years and was bed-ridden until
she died;

E. RUFINO LOZADA ZAPANTA

- He will testify among others of the pertinent facts and issues of the
case;
- that he is one of the children of Adela L. Zapanta, one of the
children of Benito Lozada and that it was known in the family that
it was the family of Juana and Jacundiano Escuyos who owns the
Page 8 of 13
Petition for Declaration of Nullity of Contract, etc.
Helen Escuyos Urbita vs. Leopoldo Dalayan, et al.
 land in Hinaplian, Bayabas with an area of 3 has. more or less and
covered by OCT No. 10049 in the name of Heirs of Benito Lozada
Rep. by Jacundiano Escuyos;
- that he is conversant of the signature of their mother Adela and
that the signature of Adela on the subject EJS is not of Adela’s;

F. LETECIA QUIJADA
- She will testify among others of the pertinent facts and issues of
the case and identifies pertinent documents related to the case;
- that being a Municipal Councilor of Bayabas and being a long
time resident of the place, it is of public knowledge that the rice
land in Hinaplian, Bayabas is owned by Juana and Jacundiano
Escuyos;
- that she was with Fe Q. Quico negotiating with Louime Z.
Maglangit when the latter agreed to return the land to the family of
Juana Loazada-Escuyos;

G. CESAR ESCUYOS
- He will testify among others of the pertinent facts and issues of the
case;
- That he lives adjacent to the land subject of the case in Hinaplian,
Bayabas;
- that it is common in their place that Juana and Jacundiano Escuyos
are the owners of the land with an area of more or less 3 has. and
that it was the couple who cultivated the land for several years,
since 1960’s.

DOCUMENTARY AND OBJECT EVIDENCE

Plaintiff will present the following pieces of evidence:

Annexes Document/Description Purpose/s

“A” Special Power of  To show that executed by

Attorney of Fe Q. Quico Helen Escuyos Urbista
(Johnson) authorizing Fe
Quico to act in behalf of the
former;
 That as representative, Fe is
the one who frequently went to
Bayabas to negotiate with the
Defendnats, particularly with
Loiume Z. Maglangit, wife of
Jorie maglangit;
“B” Tax Declaration No. 02  To show and prove among

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Helen Escuyos Urbita vs. Leopoldo Dalayan, et al.
 0002-00220 declared in others that the land with Lot
the name of Benito no. 745 in Hinaplian, Bayabas
Lozada (deceased) is possessed by the plaintiff
and her co-heirs in the concept
of an owners;
 That real property taxes of the
land are paid by them;
“C” OCT No. 10049 (FP No.  To show and prove among
508843) in the name of others of the ownership of the
Heirs of Benito Lozada land by the plaintiffs and her
Rep. by Jacundiano co-heirs;
Escuyos  That real property taxes of the
land are paid by them;
“D” Extra Judicial Settlement  To show proof of its existence;
with Deed of Absolute  That it is a falsified document
Sale (EJS) having executed without the
consent of Juana L. Escuyos
and Adela L. Zapanta;
 That it is null and void contract
having no consideration among
others;
“E” Death Certificate of  To show and prove that Juana
Juana L. Escuyos died on April 23, 2009;
 That the cause of death
incapacitates Juana for several
years;
“F” Kasayoran sa Tanan  To show and prove among
dated April 3, 2008 others of its existence and due
execution;
 To show and prove that Juana
and Adela has no participation
and did not consent to the
execution of the EJS;
 That the subject EJS is null
and void for having no
consideration.
“G” Certificate to File Action  To show and prove of its
existence and due execution;
 To prove among others that
earnest efforts were exerted to
settle the matter with the
Defendants but to no avail;

PRAYER

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Petition for Declaration of Nullity of Contract, etc.
Helen Escuyos Urbita vs. Leopoldo Dalayan, et al.
 WHEREFORE, premises considered, this Honorable Court
respectfully prayed to render judgment in favor of plaintiff and against
defendants, ordering the latter as follows:
1. Ordering the nullification of the documents arising from the fraudulent
and wrongful transaction invloving the said land including but not
limited to following document for being contrary to law as it lacks the
essential elements of a valid contract:

a. Extra Judicial Settlement with Deed of Absolute Sale

(Annex “D”);
b. such other documents arising from this document;

2. Ordering defendants to reconvey and surrender the possession to

Plaintiff and/or to the Heirs of Juana Escuyos a parcel of agricultural
land designated as Lot 745 PLS-782 situated at Hinaplian, Balete,
Bayabas, Surigao del Sur, containing an area of 29,052 sq. m. and
registered under the name of Heirs of Benito Lozada Represented by
Jacundiano Escuyos;

3. To pay jointly and severally the amount of ₱ 50,000.00 as moral

damages; ₱20,000.00 as exemplary damages; and

4. To pay Attorney’s fees in the amount of ₱30,000.00 and appearance

fee of ₱3,000.00 per hearing; and

5. To pay the Cost of Litigation

Plaintiffs further pray for such other reliefs and remedies just and
equitable in the premises. 

Tandag, Surigao del Sur. June 17, 2020.

ZAFRA LAW OFFICES

Assisting Counsel for the Plaintiff
Atty. Jose M. Zafra Building, Zafra Compound
086 Osmeña St., Purok Maganda, Barangay Bag-ong Lungsod,
Tandag City, Surigao del Sur 8300

Page 11 of 13
Petition for Declaration of Nullity of Contract, etc.
Helen Escuyos Urbita vs. Leopoldo Dalayan, et al.
 TANDAG CITY OFFICE:
086 Osmeña St.,
Barangay Bag-ong
Lungsod,
Tandag City, Surigao del
Sur
Cel: 09070831860
09778531682
CANTILAN OFFICE: BAROBO OFFICE:
National Highway, National Highway,
Barangay Pag-antayan, Purok 6, Poblacion,
Cantilan, Surigao del Sur Barobo, Surigao del Sur
Cel: 09506718589 Cel: 09507179827
09778523354 09176227475

SURIGAO CITY OFFICE: BUTUAN CITY OFFICE:

00677 Vasquez St.,
Barangay Washington,
Surigao City, Surigao del
Norte
Cel: 09505486499
09171239792
015 Purok 3, Villanueva Ext.,
Barangay Tandang Sora,
Butuan City, Agusan del Norte
Cel: 09485657150
09173226536

By:

ATTY. JOSE P. ZAFRA IV, R.M.T.

Notary Public
for and in the Province of Surigao del Sur
Until December 31, 2021/SDS-CTN-01-2020
Cell. No. 09224309694 / Tel. No. (086) 211-3216
E-mail Add: josepzafraiv@yahoo.com
TIN 255-652-942-000
Attorney Roll No. 62822-5/6/2014
IBP no.094611/11-11-2019/Pasig City
PTR no. 8356208/01-07-2020/ Tandag City, SDS
MCLE no.: VI-0004886 Valid until 04/14/2022

VERIFICATION & CERTIFICATION OF NON- FORUM SHOPPING

I, HELEN ESCUYOS JOHNSON of legal age, widow, Filipino citizen, and

resident of Telaje, Tandag City, Surigao del Sur, after having been duly sworn to under
oath, hereby depose and say:
1. That I am the Plaintiff in the above-entitled case and I caused the preparation
and filing of this Complaint;
2. That I have read and know the contents thereof and that the allegations therein
are true and correct based on my personal knowledge or based on authentic
documents;
3. That the Complaint is not filed to harass, cause unnecessary delay, or
needlessly increase the cost of litigation;
4. That the factual allegations therein have evidentiary support or, if specifically
so identified, will likewise have evidentiary support after a reasonable
opportunity for discovery;
5. And I further Certify THAT;
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Petition for Declaration of Nullity of Contract, etc.
Helen Escuyos Urbita vs. Leopoldo Dalayan, et al.
 (a) I have not heretofore commenced any action or proceedings involving
the same issues in the Supreme Court, the Court of Appeals, or any
Tribunal or Agency;
(b) To the best of my knowledge, no such action or proceedings is pending
in the Supreme Court, the Court of Appeals, or any Tribunal or Agency;
(c) That if I should thereafter learned that similar action or proceedings has
been filed or is pending before the Supreme Court, the Court of Appeals,
or any Tribunal or Agency, we undertake to report that fact within five
(5) calendar days there from to this Honorable Court.

IN WITNESS WHEREOF, I have signed my name this 17th day of June 2020 in
Tandag City, Surigao del Sur.

HELEN ESCUYOS JOHNSON

Plaintiff- Affiant

SUBSCRIBED AND SWORN TO before me thiss 17th day of June 2020 at Tandag
City for Cantilan, Surigao del Sur, Philippines. I HEREBY CERTIFY that I have
personally examined the affiants who appeared to me personally and personally known to
me and I am fully satisfied that they have executed and understood this sworn statement.

ATTY. JOSE P. ZAFRA IV, R.M.T.

Notary Public/Attorney-at-law
For the Province of Surigao del Sur
Until December 31, 2021/SDS-CTN-01-2020
Doc. No. ______ Attorney Roll No. 62822/2014
Page No. ______ IBP no. 094611/Pasig City
Book No. ______ PTR no. 8356208/ Tandag City, SDS
Series of 2020 MCLE no.: VI-0004886/Valid: 04/14/2022

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