LEGAL COUNSELING

GROUP 2: CIVIL ACTION

SUBMITTED BY

Casino, Angelica
Dia, Sittie Ayna
Lojo, Philip Anthony
Waminal, Chezca Alma
 I.

What are essential facts and evidentiary facts you can

find to support the legal remedies you take?

LEGAL REMEDY: ACCION REIVINDICATORIA

ESSENTIAL FACTS:

1. That plaintiffs, Spouses Fidel and Evelyn Benolirao and

Meltion Carisima are registered owners of the properties
designated as lot 666-H and 666-I, are likewise the
owners/grantees of the right of way granted by United
Complex Realty and Trading Corporation which was
correspondingly.

2. That since 1982 the defendant has built and constructed a

residence and pig pen on the plaintiffs' right of way as well
as on the front portions of the latter's properties leaving
them virtually obstructed with no ingress or egress from the
main road;

3. That verbal and written demands made upon the defendant,

Marciana Serdoncillo, by the plaintiffs to remove and
demolish her structures had been ignored, the last of which
was on November 20, 1990 but despite such demands, the
defendant failed and refused and still fails and refuses to
remove and vacate her illegal structures on the portion of
the properties as well as on the right of way of plaintiffs.
4. That plaintiffs in compliance with the Katarungang
Pambarangay Law lodged a complaint before the Barangay
Captain, Barangay 84, Zone 10 of Pasay City,

5. That due to the unjustified refusal of the defendant, the

plaintiffs are suffering the unnecessary inconvenience of the
absence of decent and sufficient ingress and egress on their
properties, and will continue to suffer the same unless the
illegal structures are finally demolished and/or removed by
the defendants; 

6. Lot 666-H and Lot 666-I mentioned in the complaint are

formerly portions of a big track(sic) of land consisting of
1,806 square meters then owned by H.V. Ongsiako;

7. That since 1956 and before the 1,806 square meters of lot
owned by H.V. Ongsiako was subdivided into fourteen (14)
lots in 1982, defendant is already a legitimate tenant and
occupant family of around 400 square meters of the 1,806
square meters of the said land then owned by H.V. Ongsiako
by erecting her residential house thereon at the agreed
monthly rental of P15.00 and increased to P 100.00;

8. That upon the death of H.V. Ongsiako his heirs continued

collecting the monthly rental of the premises from the
defendants;

9. That the heirs of H.V. Ongsiako formed a corporation known

as UNITED COMPLEX REALTY AND TRADING CORPORATION
and the big parcel of land consisting of 1,806 square meters
was transferred to the said corporation and subdivided in
1982 into fourteen (14) lots, two (2) of which lots are the
very same lots leased by the defendant from H.V. Ongsiako
and later from his heirs and then from United Complex
Realty and Trading Corporation as alleged in the preceding
paragraphs.
 SUPPORTING EVIDENCE AND DOCUMENTATION:

1. Deeds of Sale executed by and between United Complex

Realty and Trading Corporation and Sps. Benolirao and
Meliton Carisima; TCT No. 17291

2. Judicial Affidavit executed by the Heirs of H.V. Ongsiako,

A.V. Ongsiako

3. Receipts of Rentals

4. Grant of the Easement of Right Way; Entry No. 205154

5. Judicial Affidavit executed by Fidel Benolirao

6. Judicial Affidavits executed by Meliton Carisma

7. Certificate to File Action issued by the Barangay

8. Demand letter dated November 20, 1990

II.

Prepare the corresponding complaint in accordance with the

new Rule on Civil Procedure
 Republic of the Philippines
Tenth Judicial Region
REGIONAL TRIAL COURT
Pasay, City NCR
Branch 13

SPS. FIDEL and EVELYN BENOLIRAO,

AND MELITON CARISMA
Plaintiffs,

-versus- Civil Case No. 521

For Accion
Reivindicatoria

MARCIANA SERDONCILLO
Defendant

x---------------------------------------------x

COMPLAINT

PLAINTIFFS, through counsel and to this Honorable

Court, respectfully avers that:

1. Plaintiff Spouses, Fidel and Evelyn Benolirao, both of legal

age, residents of No. 123 Velez Street, Pasay City, Metro
Manila, where they may be served with notices and other
court processes, in addition to or in lieu of her counsel’s
address;
2. Defendant, of legal age and residing in Nicanor Domingo
Street, Pasay City, where she may be served with notices
and other court processes;

3. That plaintiffs, are the registered owners of the properties

designated as lot 666-H and 666-I, and are likewise the
owners/grantees of the right of way granted by United
Complex Realty and Trading Corporation). This is evidenced
by the Deeds of Sale executed by H.V. Ongsiako and Sps.
Benolirao; and between H.V. Ongsiako and Meliton Carisma
which are made integral part hereof; The portion of the
Deed of Sale between United Complex Realty and Trading
Corporation and Sps. Benolirao are set forth herein:

“WHEREAS, the VENDOR is the absolute owner in fee

simple of that certain real property, a parcel of land
situated in the corner of Pilapil and N. Domingo Streets,
Pasay City, Philippines covered by Transfer Certificate Title
No T-172291 issued by the Registry of Deeds of Pasay
City and which is more particularly described as follows:

Transfer Certificate of Title No. T-172291

Lot 666H

A parcel of land, Lot 666H, being a portion of Lots 555-A

to 666-N situated in the corner of Pilapil and N. Domingo
Street containing an area of ONE HUNDRED TWELVE
(112) SQUARE METERS more or less.”

A copy of which is marked as Annex A which is made an

integral part hereof;

The portion of the Deed of Sale between United Complex

Realty and Trading Corporation and Meliton Carisma are set
forth herein:
 WHEREAS, the VENDOR is the absolute owner in fee
simple of that certain real property, a parcel of land
situated in the corner of Pilapil and N. Domingo
Streets, Pasay City, Philippines covered by Transfer
Certificate Title No T-172291 issued by the Registry of
Deeds of Pasay City and which is more particularly
described as follows:

Transfer Certificate of Title No. T-172291

Lot 666 I

A parcel of land, Lot 666 I, being a portion of Lots

555-A to 666-N situated in the corner of Pilapil and N.
Domingo Street containing an area of ONE HUNDRED
(100) SQUARE METERS more or less.

A copy of which is marked as Annex B which is made an

integral part hereof;

An agreement of the Right of Way executed by and between

United Complex Realty and Trading Corporation and Sps.
Benolirao and Meliton Carisma was executed granting the
latter ingress and egress from the main road; This
agreement is attached as Annex C and is made an integral
part hereof;

4. That since 1982 the defendant has built and constructed a

residence and pig pen on the plaintiffs' right of way as well
as on the front portions of the latter's properties leaving
them virtually obstructed with no ingress or egress from the
 main road; The defendant is a mere tenant and occupant
family of around 400 square meters of the 1,806 square
meters of the said land then owned by H.V. Ongsiako at the
agreed monthly rental of P15.00 and increased to P 100.00;
This is evidenced by the Judicial Affidavit executed by the
Heirs of H.V. Ongsiako who will testify as to the authenticity
of the receipts of rentals paid by defendant to prove the
existence of a lease agreement between H.V. Ongsiako and
defendant. This Judicial Affidavit is attached as Annex D and
made an integral part hereof;

5. That verbal and written demands made upon the defendant

by the plaintiffs to remove and demolish her structures had
been ignored, the last of which was on November 20, 1990,
xerox copy of which is hereto attached as Annex "E" and
taken as an integral part hereof, but despite such demands,
the defendant failed and refused and still fails and refuses to
remove and vacate her illegal structures on the portion of
the properties as well as on the right of way of plaintiffs.

6. That plaintiffs in compliance with the Katarungang

Pambarangay Law lodged a complaint before the Barangay
Captain, Barangay 84, Zone 10 of Pasay City, which certified
filing of the same in court, xerox copy of said certification is
hereto attached as Annex "F" and taken as integral part
hereof;

7. That due to the unjustified refusal of the defendant, the

plaintiffs are suffering the unnecessary inconvenience of the
absence of decent and sufficient ingress and egress on their
properties, and will continue to suffer the same unless the
illegal structures are finally demolished and/or removed by
the defendants; This is evidenced by the Judicial Affidavits
executed by Fidel Benolirao (Annex G) and Meliton Carisma
(Annex H). The gist of their judicial affidavits are herein set
forth.
 Fidel’s testimony will prove that Sps. Benolirao have
repeatedly demanded for the demolition of the defendant’s
residence and pig pen but the demands went unheeded.

Meliton’s testimony will prove that the same demand for the
use of the right of way through the removal of the structures
were also repeatedly given and the same went unheeded.

8. Considering that the Plaintiffs are clearly asserting their

ownership of the property and recovery of possession,
Accion Reivindicatoria would be the proper remedy;

In the Sarmiento vs. Court of Appeals, When the complaint fails

to aver facts constitutive of forcible entry or unlawful detainer, as
where it does not state how entry was effected or how and when
dispossession started, the remedy should either be an accion
publiciana or an accion reivindicatoria.1

Accion reivindicatoria or accion de reivindicacion is thus an

action whereby plaintiff alleges ownership over a parcel of land and
seeks recovery of its full possession. It is different from accion
interdictal or accion publiciana where plaintiff merely alleges proof of a
better right to possess without claim of title. In Banayos vs. Susana
Realty, Inc.,29 this Court held that:

We have consistently held that a complaint for forcible entry, as

distinguished from that of unlawful detainer, in order to vest
jurisdiction upon the inferior court, must allege plaintiff's prior physical
possession of the property, as well as the fact that he was deprived of
such possession by any of the means provided in Section 1, Rule 70 of
the Rules of Court, namely: force, intimidation, threats, strategy and
stealth, "for if the dispossession did not take place by any of these
means, the courts of first instance, not the municipal courts, have
jurisdiction.

x x x           x x x          x x x

The aforesaid Rule 70 does not, however, cover all of the cases of
dispossession of lands. Thus, "whenever the owner is dispossessed by
any other means than those mentioned he may maintain his action in
the Court of First Instance, and it is not necessary for him to wait until
1
Sarmiento vs. Court of Appeals, 250 SCRA 108 (1995)
 the expiration of twelve months before commencing an action to be
repossessed or declared to be owner of the land." Courts of First
Instance have jurisdiction over actions to recover possession of real
property illegally detained, together with rents due and damages, even
though one (1) year has not expired from the beginning of such illegal
detention, provided the question of ownership of such property is also
involved. In other words, if the party illegally dispossessed desires to
raise the question of illegal dispossession as well as that of the
ownership over the property he may commence such action in the
Court of First Instance immediately or at any time after such illegal
dispossession. If he decides to raise the question of illegal
dispossession only, and the action is filed more than one (1) year after
such deprivation or withholding of possession, then the Court of First
Instance will have original jurisdiction over the case. The former is
an accion de reivindicacion which seeks the recovery of ownership as
well as possession, while the latter refers to an accion publiciana,
which is the recovery of the right to possess and is a plenary action in
an ordinary proceeding in the Court of First Instance. 2

9. The following are the summaries of the testimonies for the

plaintiffs:

Sps. Fidel and Evelyn Benolirao attest to their ownership of

the parcel of land evidenced by the Deed of Sale set forth
herewith and in the exercise of their ownership, in filing of
this complaint, that they want to recover possession
unlawfully withheld.

Mileton Carisma, likewise avers ownership on the parcel of

land evidenced by the Deed of Sale executed and in the
exercise of such ownership demands for the recovery of the
subject property unlawfully withheld.

A.V. Ongsiako, heir of H.V. Ongsiako, will testify on the

receipts of payment for the rentals made by the defendant
as a proof that they are not the owners thereof.

The following are the documentary evidences:

2
Banayos vs. Susana Realty Inc., 71 SCRA 557 (1976).
1. Deeds of Sale executed by and between United Complex
Realty and Trading Corporation and Sps. Benolirao and
Meliton Carisma

2. Judicial Affidavit executed by the Heirs of H.V. Ongsiako,

A.V. Ongsiako

3. Receipts of Rentals

4. Grant of the Easement of Right Way

5. Judicial Affidavit executed by Fidel Benolirao

6. Judicial Affidavits executed by Meliton Carisma

7. Certificate to File Action issued by the Barangay

8. Demand Letter

PRAYER

WHEREFORE, it is most respectfully prayed that, after

due hearing, judgment be rendered in favour of Plaintiff:

a) Ordering the Defendants, their family, successors,

assignees, heirs and all persons claiming rights under them
to vacate the lot covered by Deeds of Sale, and to peacefully
turn over the possession thereof to the Plaintiff;

b) Ordering the Defendants to demolish and remove all illegal

structures she constructed on the front portions of the
subject lots and on the right of way of the plaintiff;

c) Ordering the Defendants to pay the Plaintiff the amount of

Five Hundred Thousand Pesos (P500,000.00) as moral
damages;
d) Ordering the Defendant to pay Fifty Thousand Pesos
(P50,000.00) as exemplary damages;

e) Ordering the Defendant to pay the Plaintiff attorney’s fees in

the amount of P100,000.00 and P5,000.00 per court
hearing; and,

f) Ordering the Defendants to pay the costs of suit;

Other reliefs just and equitable under the premises
are likewise prayed for.

Pasay City, Metro Manila, July 13, 2020.

CDLW and Associates

Counsels for Plaintiff
Unit 113 H-7 Ayala FGU Tower,
Ayala Avenue, Makati City

ANGELICA R. CASINO
Roll of Attorneys No. 831707
IBP Lifetime Member
PTR No. 7151978/08-04-13/Makati City, Makati
MCLE Exempted
Email: arcasino@cdlwlawfirm.com

SITTIE AYNA D. DIA

Roll of Attorneys No. 831706
IBP Lifetime Member
PTR No. 7151965/08-13-07/Makati City, Makati
MCLE Exempted
Email: saddia@cdlwlawfirm.com

PHILLIP ANTHONY LOJO

 Roll of Attorneys No. 12345
IBP Lifetime Member
PTR No. 6455267/02-25-04/Makati City, Makati
MCLE Exempted
Email: PALL@cdlwlawfirm.com

CHEZKA WAMINAL
Roll of Attorneys No. 8791011
IBP Lifetime Member
PTR No. 2181710/7-10-07 Makati City, Makati
MCLE Exempted
Email: PALL@cdlwlawfirm.com
 VERIFICATION AND CERTIFICATION

OF NON-FORUM SHOPPING

We, Plaintiff Spouses, Fidel and Evelyn Benolirao, both

of legal age, residents of No. 123 Velez Street, Pasay City,
Metro Manila aver under oath that I am the Plaintiff that
caused the preparation of the foregoing Complaint; I certify
that the same are true and correct to the best of my
personal knowledge and based on authentic records.

I have not commenced any action or filed any claim

involving the same issues in any court, tribunal or quasi-
judicial agency and, to the best of my knowledge, no such
other action or claim is pending therein; and should I
thereafter learn that the same or similar action or claim has
been filed or is pending before any court, tribunal or quasi-
judicial agency, I undertake to report said fact within five (5)
days from such knowledge to this Honorable Court.

IN TRUTH WHEREOF, we have hereunto affixed my

signatures below this 13th day of July 2020, at Pasay City,
Metro Manila.

Fidel Benolirao Evelyn Benolirao

Affiant Affiant

SUBSCRIBED AND SWORN to before me this 13th day of

July 2020, affiant exhibiting to me her OSCA ID
No.12345678 issued on August 30, 2017, in Las Piñas City,
M.M.
 JESSIE A. SALVADOR
Notary Public
Commission Expires December 31, 2020
Roll of Attorneys No. 86281 / IBP No. 315537/8-30-
14/Manila
MCLE Compliance No. IV-00000830/07-15-14
PTR No. 7151978/01-05-15/Manila
Email: engrjhez@gmail.com/Cell No. (0906) 377-8888

Doc. No. 439

Page No. 88
Book No. 2
Series of 2020

“ANNEX A”

DEED OF ABSOLUTE SALE

KNOW ALL MEN BY THESE PRESENTS:

This DEED is made and entered into by and between:

UNITED COMPLEX REALTY AND TRADING CORPORATION

(UCRTC), a corporation duly organized and existing under
Philippine laws, with office address at Pasay City,
represented in this act by its President BENJAMIN
ONGSIAKO, hereinafter referred to as VENDOR;

---and---

FIDEL BENOLIRAO, of legal age, Filipino, married to EVELYN

BENOLIRAO, and a resident of No. 123 Velez Street, Pasay City,
Metro Manila. hereinafter referred to as the VENDEE;

W I T N E S S E T H:

WHEREAS, the VENDOR is the absolute owner in fee simple of that

certain real property, a parcel of land situated in the corner of Pilapil and N.
Domingo Streets, Pasay City, Philippines covered by Transfer Certificate Title No
T-172291 issued by the Registry of Deeds of Pasay City and which is more
particularly described as follows:

Transfer Certificate of Title No. T-172291

Lot 666H

A parcel of land, Lot 666H, being a portion of Lots 555-A to 666-N

situated in the corner of Pilapil and N. Domingo Street containing
an area of ONE HUNDRED TWELVE (112) SQUARE METERS more
or less.
 WHEREAS, the VENDEE has offered to buy and the VENDOR has agreed to sell
the above-described property for the price and under the terms and conditions set forth
herein below;

NOW THEREFORE, for and in consideration of the premises, and more

specifically of the sum of FIFTY THOUSAND PESOS, Philippine Currency, the receipt
whereof is hereby acknowledged from the VENDEE to the entire satisfaction of the
VENDOR, the said VENDOR does hereby sell, transfer and convey in a manner
absolute and irrevocable, in favor of the VENDEE, his heirs and assigns, the land
above-described;

That the VENDOR does hereby covenant and agree with VENDEE that the
above-described property is free from all liens and encumbrances, that she has a
perfect right to convey the same, and that she will warrant and forever defend the
same unto the said VENDEE, his heirs and assigns, against the lawful claims of all
persons whomsoever.

That the VENDEE agrees to shoulder the expenses for the consolidation of the
title, capital gains tax, documentary stamps tax, transfer fees, notarial fees, and all
other fees or expenses incidental to the transfer of the title of the above-described
property while the VENDOR agrees to shoulder the expenses for accrued and current
real estate taxes.

IN WITNESS WHEREOF, the parties have hereunto set their hands this May 5,
1989, at Pasay City, Philippines.

BENJAMIN ONGSIAKO FIDEL BENOLIRAO

VENDOR VENDEE
TIN No. 123-456-789 TIN No. 123-567-910

With marital consent of:

EVELYN BENOLIRAO
Wife
TIN No. 111314
SIGNED IN THE PRESENCE OF:

Signed Signed________
Anna Ongsiako Maria Benolirao
 ACKNOWLEDGEMENT

Republic of the Philippines)

In the City of Pasay City )S.S.
x-----------------------------/

BEFORE ME, A Notary Public for and in the city of Pasay City, Philippines, this
5th day of May, 1989 personally came and appeared the following persons with their
respective Community Tax Certificates and competent valid documents, to wit:

Competent
Name Date/Place Issued
ID
Benjamin Ongsiako PRC ID 6/09/1988 Pasay City
Fidel Benolirao Driver’s license 9/11/1987 Pasay City
Anna Ongsiako PRC ID 12/22/1988 Pasay City
Maria Benolirao PRC ID 1/30/1988 Pasay City

All known to me and to me known to be the same persons who executed the
foregoing instrument, a Deed of Absolute Sale involving one (1) parcel of land,
consisting of three (3) pages, including this page on which this acknowledgement is
written, signed, by them and their witnesses and sealed with my notarial seal, and they
acknowledged that the same is their own free act and voluntary deed and of the person
represented.

WITNESS MY HAND AND SEAL on the date and place first above written.

ATTY. ABOGADO GWAPA

Notary Public
Roll No. 0123456
IBP No. 123456 dated 01/02/1987
Doc No. 20;
Page No. 10_;
Entry No 89-105751/17291
Book No. 6;
Series of 1989.
Doc . No 08
Date of Inscription: May 19, 1989 Page 15
Block VI
Series of 1989

JERIMIAS L. DE JESUS
REGISTER OF PASAY CITY
Date: May 5, 1989
 “ANNEX B”

DEED OF ABSOLUTE SALE

KNOW ALL MEN BY THESE PRESENTS:

This DEED is made and entered into by and between:

UNITED COMPLEX REALTY AND TRADING CORPORATION

(UCRTC), a corporation duly organized and existing under
Philippine laws, with office address at Pasay City, represented in
this act by its President BENJAMIN ONGSIAKO, hereinafter
referred to as VENDOR;

---and---

MELITON CARISIMA, of legal age, Filipino, married to EFREMIA

CARISIMA, and a resident of No. 123 Velez Street, Pasay City, Metro
Manila. hereinafter referred to as the VENDEE;

W I T N E S S E T H:

WHEREAS, the VENDOR is the absolute owner in fee simple of that certain real
property, a parcel of land situated in the corner of Pilapil and N. Domingo Streets,
Pasay City, Philippines covered by Transfer Certificate Title No T-172291 issued by
the Registry of Deeds of Pasay City and which is more particularly described as follows:

Transfer Certificate of Title No. T-172291

Lot 666 I

A parcel of land, Lot 666 I, being a portion of Lots 555-A

to 666-N situated in the corner of Pilapil and N. Domingo Street
containing an area of ONE HUNDRED (100) SQUARE METERS
more or less.
 WHEREAS, the VENDEE has offered to buy and the VENDOR has agreed to sell
the above-described property for the price and under the terms and conditions set forth
herein below;

NOW THEREFORE, for and in consideration of the premises, and more

specifically of the sum of FIFTY THOUSAND PESOS, Philippine Currency, the receipt
whereof is hereby acknowledged from the VENDEE to the entire satisfaction of the
VENDOR, the said VENDOR does hereby sell, transfer and convey in a manner
absolute and irrevocable, in favor of the VENDEE, his heirs and assigns, the land
above-described;

That the VENDOR does hereby covenant and agree with VENDEE that the
above-described property is free from all liens and encumbrances, that she has a
perfect right to convey the same, and that she will warrant and forever defend the
same unto the said VENDEE, his heirs and assigns, against the lawful claims of all
persons whomsoever;

That the VENDEE agrees to shoulder the expenses for the consolidation of the
title, capital gains tax, documentary stamps tax, transfer fees, notarial fees, and all
other fees or expenses incidental to the transfer of the title of the above-described
property while the VENDOR agrees to shoulder the expenses for accrued and current
real estate taxes.

IN WITNESS WHEREOF, the parties have hereunto set their hands this May
30, 1989, at Pasay City, Philippines.

BENJAMIN ONGSIAKO MELITON CARISIMA

VENDOR VENDEE
TIN No. 123456 TIN No. 93456

With marital consent of:

EFREMIA CARISIMA
Wife
TIN No. 111314

SIGNED IN THE PRESENCE OF:

 Signed Signed________
Anna Ongsiako Juan Carisima
 ACKNOWLEDGEMENT

Republic of the Philippines)

In the City of Pasay City )S.S.
x-----------------------------/

BEFORE ME, A Notary Public for and in the city of Pasay City, Philippines, this
30 day of May, 1989 personally came and appeared the following persons with their
th

respective Community Tax Certificates and competent valid documents, to wit:

Name Competent ID Date/Place Issued

Benjamin Ongsiako PRC ID 06/09/1988 Pasay City
Meliton Carisima TIN 02/10/1989 Pasay City
Anna Ongsiako PRC ID 12/22/1988 Pasay City
Juan Carisima TIN 01/15/1989 Pasay City

All known to me and to me known to be the same persons who executed the foregoing
instrument, a Deed of Absolute Sale involving one (1) parcel of land, consisting of three
(3) pages, including this page on which this acknowledgement is written, signed, by
them and their witnesses and sealed with my notarial seal, and they acknowledged that
the same is their own free act and voluntary deed and of the person represented.

WITNESS MY HAND AND SEAL on the date and place first above written.

ATTY. ABOGADO GWAPA

Notary Public
Roll No. 0123456
IBP No. 123456 dated 01/02/1987

Doc No. __;

Page No. __; Entry No 89-105751/17291
Book No. __;
Series of 1989. Doc . No 08
Page 15
Block VI
Series of 1989
Date of Inscription: May 19, 1989
JERIMIAS L. DE JESUS
REGISTER OF PASAY CITY
Date: May 5, 1989
 “ANNEX C”
DEED
EASEMENT ROAD RIGHT of WAY

KNOW ALL MEN BY THESE PRESENTS:

This Deed is made and entered by and between:

UNITED COMPLEX REALTY AND TRADING CORPORATION (UCRTC), a

corporation duly organized and existing under Philippine laws, with office
address at Pasay City, represented in this act by its President BENJAMIN
ONGSIAKO, hereinafter referred to as GRANTOR,

-in favor of-

FIDEL BENOLIRAO, of legal age, Filipino, married to EVELYN BENOLIRAO

and MELITON CARISIMA, of legal age, Filipino, married to EFREMIA CARISIMA;
residents of N. Domingo Street, Pasay City, hereinafter referred to as GRANTEES,

WITNESSETH THAT:

WHEREAS, the GRANTEES are owners of properties located at in the corner of

Pilapil and N. Domingo Streets, Pasay City;

WHEREAS, these properties are surrounded by other immovables owned by

other persons and without adequate outlet to a public highway;

WHEREAS, under Article 649 of the Civil Code,

The owner, or any person who by virtue of a real right

may cultivate or use any immovable, which is surrounded by
other immovables pertaining to other persons and without
adequate outlet to a public highway, is entitled to demand a
right of way through the neighboring estates, after payment of
the proper indemnity.

Should this easement be established in such a manner

that its use may be continuous for all the needs of the dominant
estate, establishing a permanent passage, the indemnity shall
consist of the value of the land occupied and the amount of the
damage caused to the servient estate.

In case the right of way is limited to the necessary

passage for the cultivation of the estate surrounded by others
and for the gathering of its crops through the servient estate
 without a permanent way, the indemnity shall consist in the
payment of the damage caused by such encumbrance.

This easement is not compulsory if the isolation of the

immovable is due to the proprietor's own acts. 

WHEREAS, the GRANTOR owns a parcel covered by T-172291 which is

adjacent to the above-described properties of the GRANTESS;

WHEREAS, the said property of the GRANTOR is particularly described as

follows:

A parcel of land designated as Lot 666 H of the consolidation –

subdivision of Lot 555 A to Lot 666 N, being a portion of lots 1-8, Block
II, 1-10, Block III, 1-6, Block IV, 1-10, Block V, Road lots 1-3, Psd-
158391-007768-D and lot 2971-A to 2971-F, Psd-083747-007736-B,
situated in the Barangay 84, City of Pasay, Metro Manila, Bounded on
the:

NW., along line 1-2 by lot 2970, Cad. 220; on the NW., along line 2-3 by
lot 2968, Cad. 220; corner 4 is common to lot 2967, Cad. 220; on the
NE., along line 4-5 by lot 2963, Cad. 220; on the SE, along line 5-6 by lot
46, Block 10; along line 6-7-8 by Road 10 (6.50 m. wide); on the SW.,
along line 8-1 by lot 49, Block 9 all of this subdivision.

Beginning at a point marked “1” on plan being S 79 deg. 08’ E., 359.43
m. from BLLM # 8, Cad. 220. thence N 5 deg. 21’ e., 4.78 m. to point 2;
thence N 3 deg. 48’ W., 16.33 m. to point 3; thence N 74 deg. 21’ E.,
11.42 m. to point 4; thence S 34 deg. 52’ E., 18.97 m. to point 5; thence
S 55 deg. 05’ W., 9.00 m. to point 6; thence S 55 deg. 09’ W., 5.86 m. to
point 7 thence S 5 deg. 09’ W., 5.86 m. to point 8; thence N 84 deg. 39’
W., 9.00 m. to point of beginning , containing an area of ONE HUNDRED
TWELVE (112) SQUARE METERS, more or less. All points referred to are
indicated on plan and marked on the ground as follows: points 1 to 14,
of lot 666-H with the width of 3,12 meters as an access road to and from
the existing road for the benefit and use of owners of Lot-666-I to 666-
H of said Subdivision Plan Date of the consolidation – subdivision survey
on December 3, 1950 by Geodetic Engineer Romulo M. Hilvano. date of
approval by the OIC, Regional Technical Director, DENR, LMS, Pasay
City.

WHEREAS, in order for the GRANTEES to have an access to and from their
properties, to have an outlet to the nearest public road and least burdensome to the
GRANTOR’S above-described property, to promote general welfare to the populace, and
for this purpose, an easement of road right of way as path or passageway is
established;

NOW THEREFORE, in consideration of the foregoing declarations, the parties

agree to the following terms and conditions:
 1. A twelve (12) - meter easement of road right of way shall be granted in favor
of the GRANTEES over the property of the GRANTOR covered by TCT No. T-172291
(LOT- 666 H -A; PSD-158391-) and which is particularly described as follows:

A parcel of land designated as lot point 1 to 14 of 666 H, PSD-

158391 being a portion of lot 666 Hsituated in Brgy. 84, Pasay City.

Bounded on the West along line 1-2 by lot 2968-B, Psd-08-028137-

D; on the NE along line 2-3 lot 1-C of this subdivision; on the SE along
lines 3-4 by Road 10 (6.50 m. wide); on the SW along line 4-1 by lot 1-B
of this subdivision.

Beginning at a point marked “1” on plan being S. 79°-54’E, 359.00

meters from B.L.L.M. No. 8, Cad. 220. thence N 03 deg. 48 W 3.04 m. to
point 2; thence S 61 deg. 46 E 12.77 m. to point 3; thence S 55 deg. 09
W 3.00 m. to point 4; thence N 61 deg. 13 W 9.80 m. to point of
beginning. Containing an area of THIRTY (30) square meters. All points
referred to are indicated on plan and marked on the ground as follows:
Points 2 and 3 are PS cyl. Conc. Mons. 15x50 cm and the resy are Old
Points. Bearings: True; This sudvision was surveyed on May 5, 1977 by
Geodetic Engineer Danilo G. Demillo and was duly approved on January
6, 1978 by the OIC Regional Technical Director, LMS, DENR, Pasay City.

2. The said easement shall be wholly, directly and exclusively enjoyed by the
GRANTEES as only a path or passageway and for no other purpose;

3. The GRANTEES agreed and in fact had already jointly and severally paid the
sum of FIFTY THOUSAND PESOS (50,000) as an indemnity to the GRANTOR as
evidenced by Official Receipt No. 888128 dated December 08,1980. The same shall
redound to the benefit of the GRANTOR;

4. The GRANTEES shall be responsible for the maintenance and preservation of

the above-described easement;

5. The GRANTEES may introduce any improvement on the easement except to

fence the same or any alteration that will prevent the use of the other people of the lot
subject to the easement, and it will inure to the benefit of the GRANTOR upon the
termination of this agreement;

6. This easement of road right of way may also be utilized by anyone anytime as
a road, street, route and way;

7. The GRANTEES shall cause and pay the necessary expenses, charges, taxes
and pays relative to the notarization and proper registration, recording and annotation
of this easement with the Registry of Property;
 8. Aside from the modes of extinguishment of easements enumerated under
Section 4, Title VII, Book II of the Civil Code, any of the following shall cause for the
termination of this easement:

a. When the GRANTEES find an adequate outlet to a public highway;

b. When any of the GRANTEES fail to comply or violate any of the terms
and conditions herein set forth;

9. In case any ground for the termination of this agreement arises, any party
who acquires knowledge of such ground shall notify the other party or all the
signatories within ten (10) days from the knowledge thereof. Failure to observe this
obligation shall cause for the termination of the easement immediately; and,

10. This agreement shall be binding between and among the parties and upon all
their heirs, successors, and assigns.

IN WITNESS WHEREOF, the parties hereto have hereunto set their hands this
8 day of December, 1980 in Pasay City, Philippines.
th

UNITED COMPLEX REALTY AND TRADING CORPORATION

GRANTOR

Represented by:

-original signed-
BENJAMIN ONGSIAKO

FIDEL BENOLIRAO EVELYN BENOLIRAO

GRANTEE GRANTEE

MELIRTON CARISIMA EFREMIA CARISIMA

GRANTEE GRANTEE
 ACKNOWLEDGMENT

Republic of the Philippines )

City of Pasay )s.s.
x---------------------------------x

BEFORE ME, A Notary Public for and in the city of Pasay City, Philippines, this
8 day of December, 1980 personally came and appeared the following persons with
th

their respective Community Tax Certificates and competent valid documents, to wit:

Name Competent ID Date/Place Issued

Benjamin
PRC ID 12345 6/09/1979 Pasay City
Ongsiako
Driver’s license
Fidel Benolirao 9/11/1978 Pasay City
12548
Evelyn Benolirao PRC ID 32654 01/22/1980 Pasay City
Meliton Carisima PRC ID 65478 11/30/1978 Pasay City
Efremia Carisima TIN ID 12453587 12/31/1979 Pasay City

All known to me and to me known to be the same persons who executed the foregoing
instrument, a Deed of Easement of Right of way involving one (1) parcel of land,
consisting of five (5) pages, including this page on which this acknowledgement is
written, signed, by them and their witnesses and sealed with my notarial seal, and they
acknowledged that the same is their own free act and voluntary deed and of the person
represented.

WITNESS MY HAND AND NOTARIAL SEAL.

SITTIE AYNA DIA

Notary Public

Doc No. ___

Page No. ___
Book No.___
Series of 1980
 “ANNEX D”
Republic of the Philippines
Tenth Judicial Region
REGIONAL TRIAL COURT
Pasay, City NCR
Branch 13

SPS. FIDEL and EVELYN BENOLIRAO,

AND MELITON CARISMA
Plaintiffs,

-against- Civil Case No. 521

For Accion Reivindicatoria

MARCIANA SERDONCILLO
Defendant
x---------------------------------------------x

JUDICIAL AFFIDAVIT OF
MARY C. ONGSIAKO

This Judicial Affidavit of Mary C. Ongsiako is executed to

serve her direct testimony in the instant case.
I, Mary C. Ongsiako, of legal age, single, and living at Unit 143,
Velez Street, Pasay City, Metro Manila, for the plaintiff in this
case, state under oath as follows:

PRELIMINARY STATEMENT

The person examining me is Atty. Alma Chezka G. Waminal

with office address at Unit 113 H-7 Ayala FGU Tower, Ayala
Avenue, Makati City. The examination is being held at the same
address. I am answering her questions fully conscious that I do
so under oath and may face criminal liability for false testimony
and perjury.

PURPOSE: This affidavit/testimony of witness Mary C.

Ongsiako is being offered to prove the authenticity of the
receipts of rentals paid by defendant to prove the existence of a
lease agreement between H.V. Ongsiako and defendant.

1. Q. Please state your name and other personal

circumstances for the record.
A. I am Mary C. Ongsiako, a Filipino and of legal age. I am
single. I live at Unit 143, Velez Street, Pasay City,
Metro Manila.

2. Q. Please state the purpose of this testimony.

A. Yes, as a witness to prove the authenticity of the
receipts of rentals paid by Marciana Serdoncillo to
prove the existence of a lease agreement between my
father, H.V. Ongsiako, and the former.

3. Q. Do you know Mrs. Marciana Serdoncillo?

A. Yes, I know her.

4. Q. Have you met personally?

A. Yes, Maam, we meet every time I receive her payments
5. Q. Do you know his relationship or connection between
Mrs. Serdoncillo and your late father?
A. Yes, a landowner-tenant relationship wherein my father
was the landowner, while Mrs. Serdoncillo is the tenant-
lessee.

6. Q. I am showing you these documents, herein referred to

as “Exhibit D-1.” Do you know these documents?
A. Yes, Ma’am.

7. Q. What are these documents?

A. Duplicate of the acknowledgment receipts of payment
of rentals paid by Serdoncillo to my father.

8. Q. What did Serdoncillo rented from your father?

A. A property, Ma’am, where she constructed her
residence and a pig pen.

9. Q. How wide was the property occupied?

A. It is about 400 square meters.
10. Q. Since when was she renting the property?
A. Since 1982, Ma’am.

11. Q. How much was the agreed monthly rental?

A. From P15.00, it increased to P100.00

IN WITNESS WHEREOF, I have hereunto set my hand this

th
10 day of July 2020.

MARY C. ONGSIAKO
Affiant
 SUBSCRIBED and SWORN to before me, this 10 th day of
July, 2020 at Pasay City, Metro Manila, personally
appeared MARY C. ONGSIAKO with LTO Driver’s License No.
HE98765 to expire on 08 January 2021, known to me to be the
same person who executed this Judicial Affidavit and who
acknowledged to me that the same as her free act and deed.
           
            Witness my hand and seal.

ALMA CHEZKA G. WAMINAL

Roll of Attorneys No. 101492
IBP Lifetime Member
PTR No. 7151978/08-04-19/Makati City, Makati
MCLE Exempted
Email: ACGW@cdlwlawfirm.com

LAWYER’S ATTESTATION

I, ALMA CHEZKA G. WAMINAL, under my own oath as a lawyer

hereby attest that I conducted the examination of the witness,
that I have faithfully recorded the questions I asked and the
corresponding answers that the witness gave, and that neither I
nor any other person, then present or assisting me coached the
witness regarding her answers.
In witness whereof, I here sign my name this 10th day of July,
2020 at Pasay City, Metro Manila, Philippines.

________________________
ALMA CHEZKA G. WAMINAL
Counsel for the Plaintiff
                                                                       
SUBSCRIBED and SWORN to before me, this 10 th day of
July, 2020 at Pasay City, Metro Manila, personally
appeared MARY C. ONGSIAKO with LTO Driver’s License No.
HE98765 to expire on 08 January 2021. I further certify that I
personally examined the affiant and I am satisfied that she fully
understood and voluntarily executed the foregoing attestation.
           
            Witness my hand and seal.
Doc. No. ___
Page No. ___
Book No.___
Series of 2020

Copy furnished: (by personal service)

ATTY. ABOGADO STRIKTO

Counsel for Defendant
STRIKTO LAW OFFICE
Purok 1, Pasay City, Metro Manila
 “ANNEX E”
ACKNOWLEDGEMENT RECEIPT

KNOW ALL MEN BY THESE PRESENTS:

I, MARY C. ONGSIAKO, in behalf of the heirs of H.V.

Ongsiako, of legal age, single, Filipino Citizen, and a resident of
Unit 143, Velez Street, Pasay City, Metro Manila, received the
sum amount of One Hundred Pesos (Php 100.00) as payment for
this month of June 1987 for the rental of the portion of Lot No.
666-H property located at the corner of Pilapil and N. Domingo
Streets, Pasay City and containing around 400 square meters.

In favor of MARCIANA SERDONCILLO. June 27, 1987 at

Pilapil and N. Domingo Streets, Pasay City.

__________________
MARY C. ONGSIAKO
Landowner
 “ANNEX F”
June 2, 1989

Pilapil and N. Domingo Streets

Pasay City, Philippines
_________________

Dear Marciana Serdoncillo,

Good morning.

As owners of LOT 666-H by virtue of an absolute deed of sale executed by

UCRTC on May 5, 1989, we would like to ask you to vacate the front portion
of our Lot as well as the right of way granted to us by the UCRTC.
If you do not leave, your continued occupancy of the land will be construed
as willful and in bad faith. However, your immediate and faithful compliance
with this notice will prevent any further eviction action against you.

Thank you very much.

Yours respectfully,
Mr. and Mrs. Fidel Benolirao
 “ANNEX G”
November 20, 1990

Pilapil and N. Domingo Streets

Pasay City, Philippines
_________________

Dear Marciana Serdoncillo,

Pursuant to the demand letter dated June 2, 1989 regarding LOT 666-H by
virtue of an absolute deed of sale executed by UCRTC on May 5, 1989 in
favor of my clients; spouses Benolirao as the absolute owners of subject LOT
666-H and Meliton Carisima, owner of LOT 666 I.

Please be advised that this is your final demand letter. Pursuant to law, the
land owner DEMANDS THAT YOU VACATE AND DEMOLISH ALL ILLEGAL
STRUCURES constructed therein.

Otherwise, your continued occupancy of the land will be construed as willful

and in bad faith. However, your immediate and faithful compliance with this
notice will prevent any further eviction action against you.

Thank you very much.

Yours respectfully,
ATTY. PHILIP LOJO
 “ANNEX H”
Republic of the Philippines
Metropolitan Manila
CITY OF PASAY
Barangay 84
OFFICE OF THE LUPONG TAGAPAMAYAPA

SPS. FIDEL and EVELYN BENOLIRAO,

AND MELITON CARISMA
Complainants,

-against- Barangay Case No. 1014

For Accion Reivindicatoria

MARCIANA SERDONCILLO
Respondent
x---------------------------------------------x

CERTIFICATION TO FILE ACTION

This is to certify that:

1. There was a personal confrontation between the parties

before the Punong Barangay but mediation failed;
 2. The Punong Barangay set the meeting of the parties for the
constitution of the Pangkat;

3. The parties were not able to reach an amicable settlement of

their dispute at the conciliation proceedings before the
Pangkat; and

4. Therefore, the corresponding complaint for the dispute may

now be filed in court/government office.

AMAZONA DELA CRUZ

Pangkat Secretary

Attested by:

ZYKES TROMBOL
Pangkat Chairman
 “ANNEX I”
Republic of the Philippines
Tenth Judicial Region
REGIONAL TRIAL COURT
Pasay, City NCR
Branch 13

SPS. FIDEL and EVELYN BENOLIRAO,

AND MELITON CARISMA
Plaintiffs,

-versus- Civil Case No. 521

For Accion Reivindicatoria

MARCIANA SERDONCILLO
Defendant
x-------------------------------------------x

JUDICIAL AFFIDAVIT
OF FIDEL BENOLIRAO

I, Fidel Benolirao, of legal age, Married, Filipino, and residing

at No. 123 Velez Street, Pasay City, Metro Manila, plaintiff in this
case, state under oath as follows:
PRELIMINARY STATEMENT

The person examining me is Atty. Sittie Ayna Dia with

address at No. 567, Marupok Street, Pasay City, Metro Manila.
The examination is being held at the same address. I am
answering his questions fully conscious that I do so under oath
and may face criminal liability for false testimony and perjury.
PURPOSE: This affidavit/testimony of plaintiff, Fidel Benolirao,
is being offered to prove that plaintiff has the right to recover the
possession of a portion of Lot 666-H and their right of way. The
plaintiff’s testimony is also offered to prove that Sps. Benolirao
have repeatedly demanded for the demolition of the defendant’s
residence and pig pen but the demands went unheeded.

1. Q: Do you know defendant?

A: Yes.

2. Q: How did you know the defendant?

A: The defendant and I are tenants of several number of lots
owned by H.V. Ongsiako situated at corner of Pilapil and N.
Domingo Streets, Pasay City

3. Q: How many lots are there?

A: There are 14 lots; Lot 555-A to 666-N

4. Q: What Lot No. are you leasing?

A: Lot 666-H

5. Q: Are you still a tenant of the same lot now?

A: No, I bought the lot from the owner when it was offered
for sale by United Complex Realty and Trading Corporation

6. Q: Is United Complex Realty Trading Corporation (UCRTC)

the previous owner of the several lots?
A: Yes, UCRTC is owned by the legal heirs of H.V. Ongsiako

7. Q: When did you buy the lot?

A: On May 5, 1989

8. Q: What is your proof that a contract of sale has transpired

between you and UCRTC?
A: I have here a copy of the deed of absolute sale.
9. Q: Are there any other rights granted by UCRTC in your
favor arising from purchasing Lot 666-H
A: Yes, we are granted by UCRTC a right of way.

10. Q: Do you have a copy of the grant of right of way of

UCRTC?
A: Yes

11. Q: Why did the UCRTC grant you right of way?

A: Lot 666H has no access to the main road.

12. Q: Are you still enjoying the right of way granted by

the UCRTC?
A: No, the defendant has built and constructed a
residence and pig pen on our right of way as well as on
the front portion of our properties

13. Q: Are there any other way to the main road other
than those granted by UCRTC?
A: None, we are virtually obstructed with no ingress or
egress from the main road

14. Q: Is the defendant the owner of the lot where his

residence is constructed?
A: No, he is a mere tenant

15. Q: Did you ask the defendant to remove and demolish

the structures?
A: Yes

16. Q: How did you ask the defendant to remove and

demolish the structures?
A: We asked her verbally and sent written demands as
well

17. Q: Did the defendant comply with your demands?

 A: No, she still failed and refused to remove and vacate
her illegal structures on the portion of our properties as
well as our right of way despite our several demands

18. Q: When was the last time you asked her to remove
and demolish the structures
A: Last November 20, 1990.

19. Q: Do you still have the copy of the written demand

you sent last November 20, 1990?
A: Yes

20. Q: Finally, do you know why you are executing the

foregoing sworn statement in this case?
A: Yes. I am executing this sworn statement to be
adapted as my direct examination in this case to prove
the cause of action for accion reivindicatoria against the
defendant in the above entitled case.

IN WITNESS WHEREOF, I hereby affix my signature this

December 10, 1990 in Pasay City, Metro Manila.

FIDEL BENOLIRAO
Affiant

ATTESTATION

I hereby attest that on this 10th day of December 1990, I have

personally examined the plaintiff FIDEL BENOLIRAO; and that I
have faithfully recorded or caused to be recorded the questions
asked and the corresponding answers thereto made by him. I
further attest that I nor any other person herein present, or
assisting me, never coached FIDEL BENOLIRAO regarding his
answers.

Pasay City. December 10, 1990

SITTIE AYNA DIA

Lawyer- affiant
Counsel for Plaintiff
No. 567, Marupok Street, Pasay City
Contact No. 880 123
ROLL No. 03270228
P.T.R. NO. A-07100715-1/3-8-2020
Pasay City

SUBSCRIBED AND SWORN to before me this 10 th day of

December 1990 in Pasay City. Affiant exhibited to me their
identification cards bearing their photograph and signature, as
follows:

Name: Issued by/ID No.:

FIDEL BENOLIRAO TIN ID – 123-567-910
SITTIE AYNA DIA IBP No. – 267891

known to me to be the same persons who executed the

foregoing document.

WITNESS MY HAND AND SEAL on the date and at the place

first above-written.

Notary Public
Doc. No. __;
Page No. __;
Book No. __;
SERIES of 1990

Copy Furnished: (Personal Service)

ATTY. ABOGADO STRIKTO

Counsel for Defendant
STRIKTO LAW OFFICE
Purok 1, Pasay City, Metro Manila
 “ANNEX J”
Republic of the Philippines
Tenth Judicial Region
REGIONAL TRIAL COURT
Pasay, City NCR
Branch 13

SPS. FIDEL and EVELYN BENOLIRAO,

AND MELITON CARISMA
Plaintiffs,

-versus- Civil Case No. 521

For Accion Reivindicatoria

MARCIANA SERDONCILLO
Defendant
x-------------------------------------------x

JUDICIAL AFFIDAVIT OF
MELITON CARISIMA

I, MELITON CARISIMA, of legal age, married, Filipino, and

residing at No. 126 Velez Street, Pasay City, Metro Manila,
plaintiff in this case, state under oath as follows:

PRELIMINARY STATEMENT

The person examining me is Atty. Sittie Ayna Dia with

address at No. 567, Marupok Street, Pasay City, Metro Manila.
The examination is being held at the same address. I am
answering his questions fully conscious that I do so under oath
and may face criminal liability for false testimony and perjury.
PURPOSE: This affidavit/testimony of plaintiff, MELITON
CARISIMA, is being offered to prove that plaintiff has the right
to recover the possession of the front portion of Lot 666-I and
their right of way. The plaintiff’s testimony is also offered to
prove that Meliton Carisima have repeatedly demanded for the
demolition of the defendant’s residence and pig pen but the
demands went unheeded.

1. Q: Do you know defendant?

A: Yes.

2. Q: How did you know the defendant?

A: The defendant is a tenant of H.V. Ongsiako

3. Q: Who is H.V. Ongsiako

A: He is the original owner of the 1,806 meters estate

4. Q: Where is this 1,806 meters’ estate located

A: It is located at the corner of Pilapil and N. Domingo
Streets, Pasay City

5. Q: Are you also a tenant of the same lot?

A: No, I purchased a portion of the estate, designated as Lot
666-I from United Complex Realty and Trading Corporation

6. Q: Who owns this United Complex Realty and Trading

Corporation (UCRTC)?
A: It is owned by the legal heirs of H.V. Ongsiako

7. Q: When did you purchase the lot 666-I

A: I purchased it on May 30, 1990

8. Q: What is your proof that you purchased Lot 666-I from

UCRTC?
A: I have a copy of our deed of absolute sale

9. Q: Did UCRTC grant you other rights as owner of Lot 666-I

 A: Yes, we were granted a right of way to the main road

10. Q: Do you have a proof that UCRTC grant you a right of

way?
A: Yes, I have a copy of the deed of the grant

11. Q: Why did the UCRTC grant you right of way?

A: Because Lot 666-I has no access to the main road

12. Q: Are you still enjoying the right of way granted by

the UCRTC?
A: No, the defendant constructed a residence and a pig
pen in front portions of our properties and to our right
of way to the main road

13. Q: Do these structures result to unnecessary

inconvenience on your part?
A: Yes, we are suffering unnecessary inconvenience
because of the lack of decent and sufficient ingress and
egress on our property and we will continue to suffer
the same unless the illegal structure are finally
demolished or removed by the defendant

14. Q: Did you talk with the defendant about the

construction of these structures?
A: Yes, we send several demands to the defendant,
orally and written

15. Q: What did the defendant do after you sent her these
verbal and written demands?
A: She still refused to vacate and failed to demolish the
illegal structures she constructed in our property and
right of way

16. Q: When was the last time you sent her written
demand?
A: Me and the owner of Lot 666 – H sent her a demand
letter last November 20, 1990
17. Q: Do you still have a copy of the demand letter?
A: Yes, I have a copy of the demand letter

18. Q: Do you attest the truthfulness of your statements

and allegations in this Judicial Affidavit?
A: Yes.

IN WITNESS WHEREOF, I hereby affix my signature this

December 10, 1990 in Pasay City, Metro Manila.

MELITON CARISMA
Affiant

ATTESTATION

I hereby attest that on this 10th day of December 1990, I

have personally examined the plaintiff FIDEL BENOLIRAO; and
that I have faithfully recorded or caused to be recorded the
questions asked and the corresponding answers thereto made
by him. I further attest that I nor any other person herein
present, or assisting me, never coached FIDEL BENOLIRAO
regarding his answers.

Pasay City. December 10, 1990

SITTIE AYNA DIA

Lawyer- affiant
 Counsel for Plaintiff
No. 567, Marupok Street, Pasay City
Contact No. 880 123
ROLL No. 03270228
P.T.R. NO. A-07100715-1/3-8-2020
Pasay City

SUBSCRIBED AND SWORN to before me this 10 th day of

December 1990 in Pasay City. Affiant exhibited to me their
identification cards bearing their photograph and signature, as
follows:

Name: Issued by/ID No.:

MELITON CARISIMA TIN ID – 93456
Sittie Ayna Dia IBP No. – 26789

known to me to be the same persons who executed the

foregoing document.

WITNESS MY HAND AND SEAL on the date and at the place

first above-written.

Notary Public

Doc. No. ___;

Page No. ___;
Book No. ___;
SERIES of 1990

Copy Furnished: (Personal Service)

ATTY. ABOGADO STRIKTO
Counsel for Defendant
STRIKTO LAW OFFICE
Purok 1, Pasay City, Metro Manila