Republic of the Philippines

Province of Leyte
Baybay City, Leyte } S.S
X--------------------------------------X

JUDICIAL AFFIDAVIT
(of Carlos B. Castro)

I, CARLOS B. CASTRO of legal age, Filipino, married and a resident of

Brgy. Bunga, Baybay City , Leyte after having sworn to in accordance with law
hereby depose and state in judicial affidavit format :

PRELIMINARY STATEMENT

The person examining me is Atty. Lucille M. Teves with office address at

Teves Law Office, San Mauro Street, Baybay City, Leyte. The examination is
being held at the same address. I am answering the questions asked of me by
Atty. Teves fully conscious that I do so under oath and that I may face criminal
liability for false testimony or perjury.

PURPOSE

The testimony of defendant Carlos B. Castro Sr. is being offered to prove:

1. Prior possession of the dry river bed .
2. That the circumstances surrounding the incident do not constitute
Forcible Entry.
3. That there is no encroachment on the lot of Mr . Antonio Suringa or the lot
designated as lot 7709.
This judicial affidavit is written in the language that is known to me. My
examination in question and answer form is as follows:
 With the Permission of the Honorable Court.

Question Please state your name, age, civil status, residence,

1 (Q) and occupation?
Answer I’ am CARLOS B. CASTRO Sr. , of legal age , single
(A) and a resident of Bryg. Bunga , Baybay City,
presently, as a senior citizen I simply stay at home
and do some backyard farming.
Question Can you understand and speak English?
2 (Q)
Answer Yes, I can understand and speak English a bit, but I
(A) want my affidavit to be taken in Cebuano.

3 Q For the record please state the name and address of

the lawyer who is now conducting or supervising
your examination and the place where the
examination is being held now?
( Translation) Palihug ug sulti kinsa na abogado nangutana o
nagpahigayon sa pagkuha sa imong pamahayahg ug
ang address ?
A Si Atty. Lucille M. Teves sa TEVES Law Office San
 Mauro Street, Baybay City Mirambel’s Clinic

4 Q Why are you here ?

(T) Nganong ania man ka karon ?
A Aron paghimo ug sinumpaang pamahayag nga ang
reklamo ni Danilo A. Suringa walay basehanan.
(T) To make sworn statement that the complaint of Danilo
Suringa has no basis at all.

5 Q Do you know the plaintiffs of this case?

(T) Nakaila ka ba sa nag reklamo?
A Oo , amo man silang silingan , ang among yuta ug
ilang yuta magka sikbit.
(T) Yes, we are neighbors, our lot is adjoining to their lot.

6 Q What lot are you referring?

(T) Unsa man na lote imong gipasabot?
A Ang among nanay si Sofia B. Castro nag bilin namo
ug yuta ( lot 7708 ) sa Brgy. Bunga, Baybay City, kay
anak man ko ni Sofia ako ning gisunod apil ang “dry
river bed”
(T) My mother left us a property designated as lot 7708,
as a successor in- interest I occupied and possessed
the lot including the dry river bed.

7 Q How long have you possessed the lot 7708 including

the dry river bed .
(T) Unsa man mo kadugayon nag angkon sa yuta 7708
ug ang “dry river bed”?
A Mga sobra na 40 anyos.
(T) More than 40 years.

8 Q For that long period of time of possessing the property

did you encounter complaints before regarding your
lot and the dry river bed?
(T) Sa kadugayon sa inyong pag puyo sa lote 7708 ug ang
dry river bed aduna bay mga reklamo na inyong
nadawat?
A Wala gyud , karon pa. Bisan pa sa nag unang tag iya
sa kasikbit nay uta na 7709 wala gyud na nahimo
namong away.
(T) Never, only this time. Even with the previous owners
of the adjoining lot 7709 there was never a quarrel
regarding the lot.

9 Q Can you tell, how come there is complaint from

Antonio Suringa the owner of lot 7709.
(T) Pwede ba ninyong masaysay nganong naa may
reklamo si Antonio Suringa ang tag iya sa lote 7709.
A Ambot bitaw nag libog ko kay ang among kural nag
sunod ra man sa kural na barbed wire na ilang gitaod.
 Ang lote na among gi
T I even do not know because our fence did not go
beyond the barbed wire-fence previously being put up
by Antonio’s camp.

10 Q
(T)
A
(T)

11 Q
(T)
A
(T)

12 Q
(T)
A
(T)

13 Q
(T)
A
(T)

14 Q
(T)
A
(T)

15
 I am executing the Judicial Affidavit to attest to the truth of the foregoing. I
reserve my right to further supplement my testimony when needed.

CARLOS B. CASTRO Sr.

Affiant

           SUBSCRIBED and sworn to before me in this __________of October 2020

at Baybay City ,Leyte , affiant showing his competent proof of identity, to
wit: Senior Citizen ID No. 2017-04275.

                                                                                     

          Notary Public

Doc. No. __
Page No. __
Book No.
Series of 2020.

ATTESTATION

I attest that I conducted the examination of CARLOS B. CASTRO Sr. and

I faithfully recorded the questions I asked and the corresponding answers that he
gave. Neither I nor any other person then present or assisting me coached him
regarding his answers.

Atty. LUCILLE M.TEVES

                                                                                  

       SUBSCRIBED and sworn to before me this

__________________________at __________________ of affiant showing her
UMID CRN -021-1417-499-5 as competent evidence of identity.
    

                                                                  
Doc. No. ___
Page No. ___
Book No. ___
Series of 2020

Copy Furnished:

___________________ Prosecutor