Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

10th Judicial Region
---------
City of Malaybalay

RHEA RIZZA P. MELLIZA, Civil Case No. 2364

Represented by her Attorney-
in-fact RHONA LYN
MELLIZA-OCAB
Plaintiff,
-versus- -for-

SPOUSES CONCORDIO FORCIBLE ENTRY AND

PINOHAN AND EPPIE LIPAY- DAMAGES WITH PRAYER
PINOHAN, REX GABAT, FOR WRIT OF PRELIMINARY
members of their household, MANDATORY INJUNCTION
relatives, heirs, assigns, and AND TEMPORARY
several JOHN DOES who have RESTRAINING ORDER AND
entered the property belonging STATUS QUO ANTE
to the Plaintiff upon the instance
of the named Defendants or acting
in their behalf
Defendants.
x------------------------------------------------x

JUDICIAL AFFIDAVIT of EPPIE L. PINOHAN

(In lieu of Direct Testimony)

OFFER OF EVIDENCE:

The testimony of Eppie L. Pinohan is being offered to prove the following:

1. That she was born and raised in Purok 4, Dalwangan, Malaybalay City,
Bukidnon, where the subject property is located;

2. That she did not sell the subject property to anyone;

3. That no forcible entry occurred on May 2, 2019; and

4. Other matters related to this case.

I, EPPIE L. PINOHAN, of legal age, Filipino, married, and a resident of

Purok 4, Dalwangan, Malaybalay City, Bukidnon, after having been duly sworn
to an oath in accordance with law, executes this Judicial Affidavit, conducted by
ATTY. DENCE CRIS L. RONDON at Lagamon and Associates Law Office
located at 2/F Jamstar Building, Carillo-San Isidro Streets, Poblacion,
Malaybalay, Bukidnon, after the same was translated and explained to me in
Visayan dialect, in a question and answer form which shall constitute as my
direct testimony in Civil Case No. 2364, and fully aware that I am answering the
questions under oath and under pain of criminal liability in case of any false or
perjured testimony, to wit:

QUESTION AND ANSWER

Legend: Q – Question A – Answer

1. Q : Madam Witness, will you please state your name,

age and personal circumstances?

A : I am Eppie Lipay Pinohan, 62 years old, Filipino,

married to Concordio Pinohan, a housewife, and a
resident of Purok 4, Malaybalay City, Bukidnon.

2. Q : Why are you here in my office?

A : To testify in the case filed by one Rhea Rizza P.

Melliza represented by Rhona Lynn Melliza-Ocab;

3. Q : What case are you referring to?

A : It is for the land that I and my husband own located

at Purok 4, Malaybalay City, Bukidnon;

4. Q : What can you say about this case filed against you?

A : All of what the complainant said are untrue and are

only fabrications since we have never left the subject
land;

5. Q : Do you know who is this Rhea Rizza P. Melliza?

A : No, I do not know her;

6. Q : Have you ever seen or met Rhea Rizza P. Melliza?

A : I have not.

7. Q : How about Concordio Pinohan, do you know him?

A : Yes, he is my husband;

8. Q : For how many years have been married to Concordio?

A : For about 36 years;

9. Q : Where did you and Concordio meet?

 A : In Dalwangan;

10. Q : Were you blessed with children?

A : Yes, we have 7 children;

11. Q : Where were your children born?

A : They were all born at Purok 4, Dalwangan in our

house;

12. Q : Where is this house you are referring to located in

relation to the land subject of this case?

A : The house is in the subject land itself;

13. Q : You said you have been married to Concordio for at least
36 years, where did you first settle when you got
married?

A : There in Dalwangan, Sir;

14. Q : In the span of 36 years did you leave Dalwangan?

A : No, we did not;

15. Q : How about the land in question, did you ever leave the
same?

A : No, we did not;

16. Q : By the way, what do you use the land for, if any, apart
from it being the place your residence is located?

A : It is used by my husband and my children as our

source of income thru farming;

17. Q : How about the ownership of this land, who owns this, if
you know?

A : It is me and my husband;

18. Q : Do you have a proof of such claim?

A : Yes, the title to the land is in the name of my

husband;

19. Q : Are you referring to Original Certificate of Title No. P-,

 in the name of Concordio Pinohan, which is already
marked during the pre-trial of this case as Annex “B”?

A : Yes, that is the one;

20. Q : To continue, have you ever sold the subject land?

A : No, I did not;

21. Q : How about your husband, did he sell the land?

A : No, he did not because he would never sell the same

since it is the source of his livelihood and we, his
family, had been living in the land for so many years;

22. Q : I am showing to you a document entitled “Deed of Sale

of Registered Land” allegedly executed by Rhea Rizza P.
Melliza, on the one hand, and you and your husband on
the other, please go over this document, and please tell
me if this document is familiar to you.

A : No, I do not know what this document is, and I did

not, nor my husband signed the same;

23. Q : So, you nor your husband ever signed this document?

A : No;

24. Q : Was there any untoward incident on that day of May 2,

2019?

A : No, there was none;

25. Q : How about on May 3, 2019?

A : I noticed that there were policemen;

26. Q : What were the policemen doing there?

A : They were asking about who the owner of the land is;

27. Q : Who were they asking that time?

A : Just everyone around there;

28. Q : Did anyone answer to the question?

A : Ocab answered that it is Concordio Pinohon who is

 the owner;

29. Q : I no longer have any more questions, do you have

anything else to add, Mr. Witness?

A : None;

30. Q : Will you execute this Judicial Affidavit on your own free
will?

A : Yes, I will execute this Judicial Affidavit on my own

free will without any form of force, violence or
intimidation to attest to the truth of the foregoing
facts.

31. Q : Have you read and understood the contents of this

Judicial Affidavit?

A : Yes, I have read and have fully understood the

contents of this Judicial Affidavit.

32. Q : Do you have anything more to add to your testimony?

A : None.

No further questions.

Affiant further sayeth naught.