You are on page 1of 5

Republic of the Philippines

Second Judicial Region


REGIONAL TRIAL COURT
Branch 01
Cabagan, Isabela

Juan, Two, Three, Four, Five


all surnamed RATATA

Plaintiffs,

-versus- CIVIL Case No. 1234


For: Annulment of Deed of
Absolute Sale and Affidavit
of Self-Adjudication with
Application for TRO

Aim Global Inc. and Six Bomb


Defendants
x-------------------x

JUDICIAL AFFIDAVIT
I, FIVE RATATA, of legal age, married, Filipino and a resident of
#987 Cabagan Isabela, after having been duly sworn to in accordance with
law, do hereby depose and state;

PRELIMINARY STATEMENT
The person interrogating me is ATTY. JANINE G. VILLAFUERTE
with office address #123 Qwerty Street, Tuguegarao City. The
interrogation is being held in her office at #123 Qwerty Street, Tuguegarao
City.

I am answering the questions fully conscious that I do so under oath


and may face criminal liability for false testimony of perjury.

PROFER OF ORAL TESTIMONY


OF FIVE
The testimony of the witness is offered to prove the following: (1) to
verify the Affidavit of Self-Adjudication; (2) the existence of sale and the
execution of the Deed of Absolute Sale; (3) that such Deed of Absolute
Sale and Affidavit of Self-Adjudication was executed through force, threat,
and intimidation; (4) and that he will testify on all other matters and will
identify documents relative to this case.

DIRECT TESTIMONY OF FIVE

ATTY. VILLAFUERTE:

With the permission of the Honorable Court.

1. Q: Kindly state your name, age, address and other circumstances.


A: My name is Five Ratata, 34 years old, married and a resident of
#987 Cabagan Isabela;

2. Q: Mister Witness, are you, in any case, involved in the transaction of


the parties in this case?
A: Yes ma’am.

3. Q: How are you involved in the transactions?


A: I was the one who earlier entered into a Deed of Sale with the
defendant. I needed the money so I sold the land after executing an
Affidavit of Self-Adjudication.

4. Q: Do you have proofs to show that these transactions really


happened?
A: Yes ma’am. I have a copy of the Deed of Sale between the
Defendant and me which we both signed.

A copy of the Deed of Absolute Sale dated December 01 2017 is


hereto attached as Exhibit “A”.

Q: Mr. Witness, you said that you executed an Affidavit of Self-


Adjudication, do you have proof of making the same too?
A: Yes ma’am. I have a copy of the Affidavit ma’am

5. Q: Do you know who was the owner of the land disputed in this case
Mr. Witness?
A: It was owned by our parents, Tom and Tomasa ma’am. They
acquired it as a grant under C.A. 141, and by their continuous
possession and occupation for more than 30 years.

6. Q: What is your proof of their ownership?


A: I have a copy of their title ma’am. Original Certificate of Title No.
3782 situated Brgy. #987, Cabagan Isabela, consisting of 10,000
square meters with an assessed value of more or less Ten Million
Pesos (P 10,000,000) which they acquired by virtue of
Commonwealth Act No. 141 through their continuous possession and
the possession of their predecessors-in-interest of the said alienable
and disposable property in the concept of an owner for at least thirty
years.

A copy of the Original Certificate of Title is hereto attached as


Exhibit “B”.

7. Q: Mr. Witness, you said that Tom and Tomasa are your parents, do
you have proof of your filiation?
A: I have copy of my birth certificate ma’am.

8. Q: Mr. Witness, in this Birth Certificate that you handed me, you have
four other siblings, do you have a copy of their Birth Certificates as
well?
A: Yes ma’am. These are the copies of our Birth Certificates.

The plaintiff handed a copy of his Birth Certificate and the Birth
Certificate of his siblings which shall be marked as Exhibit “C-1”
“C-2” “C-3” “C-4” “C-5” respectively;

9. Q: What is your proof in saying so?


A: I have here a copy of our Birth Certificates ma’am;

ATTY. JANINE VILLAFUERTE

10. Q: Do you know the case you and your siblings instituted?
A: Yes ma’am the case filed by me and my siblings for the annulment
of the Deed of Sale mam
11. Q: Why did you cause the filing of this action?
A: Because the Affidavit of Self-Adjudication is defective and not
normally executed mam.

12. Q: What is your proof that this Affidavit exists?


A: I have here an Affidavit of Self-Adjudication I executed ma’am

ATTY. JANINE VILLAFUERTE

The plaintiff handed me a copy of the Affidavit of Self-


Adjudication. May I move that this be marked as Exhibit “A”;

13. Q: Now, you mentioned that it was not normally executed.


What do you mean by that?
A: I was forced to make this Affidavit ma’am.

14. Q: What force are you talking about?


A: Six threatened me that he will not include my name on the list of
people who will be given the COVID Vaccine mam if I did not sell the
land to him;

15. Q:
A:

Affiant further sayeth naught.

FIVE
Affiant

SUBSCRIBED AND SWORN before me this 5th day of October, 2020 in


Tuguegarao City Cagayan and the Affiant presented and shown to me his
Driver’s License card with License No. B04123456 as proof of his identiy.

Doc. No.: _______


Page No.: _______
Book No.: _______
Series of 2020
ATTESTATION
In compliance with A.M. No. 12-8-8-SC, otherwise known as the Judicial
Affidavit Rule, I, ATTY. JANINE G. VILLAFUERTE, hereby certify that I have
conducted/ supervised the examination of FIVE, and that:
1. I have faithfully caused to be recorded the questions asked of, and
the corresponding answers given by the witness; and
2. Neither I nor any other person then present or assisting me coached
the witness regarding the latter’s answers.

ATTY. JANINE G. VILLAFUERTE

SUBSCRIBED AND SWORN before me this 5th day of October 2020 in


Tuguegarao City, Cagayan and the Affiant presented and shown to me her
IBP ID with Roll No. 1234 as proof of her identity.

Doc. No.: _______


Page No.: _______
Book No.: _______
Series of 2020

You might also like