Republic of the Philippines

National Capital Judicial Region

METROPOLITAN TRIAL COURT
Branch___, Quezon City

HEIRS OF RICARDO F.
BALLESTEROS and LEONILA G.
BALLESTEROS represented by
GILBERT G. BALLESTEROS,
Plaintiffs,

-versus- Civil Case No. ________________

For: Unlawful Detainer
MA. CELESTE UBARRE,
FEDERICO AQUINO, RODOLFO
SANTOS, FE MOLINA, MARICEL
ACHAS, NIXON ROPIO, and all
persons claiming rights under
them.
Defendants.
x---------------------------------------x

JUDICIAL AFFIDAVIT OF
GILBERT G. BALLESTEROS

Witness Gilbert G. Ballesteros is of legal age, married, Filipino and

a resident of 108, Paseo De Manila, Binan, Laguna, has subscribed under
oath and appeared before Atty. Mark Albert Gregory B. Maquiraya in his
office at 3rd Floor, Vargas Bldg., 103 Kalayaan Ave., Diliman, Quezon City.
The witness is fully conscious that he is giving his testimony or answers
under oath and that he may face criminal liability in case of false
testimony or perjury hereof.

The testimony of the witness is being offered to prove that: (1) he

is one of the owners of the apartment building covered by TCT No.
253866 by way of succession; (2) Defendants were tenants of the said
apartment building (3) Plaintiff terminated the lease contract and
revoked Defendants’ possession in the apartment building; (4)
Defendants refused to vacate, and continue to do so, the apartment
building after proper notice, and (5) to prove other material averments
in the Complaint.

1. Q: Mr. Witness are you the same Gilbert G. Ballesteros, one of the
Plaintiffs in this case?
1
 A: Yes sir.

2. Q: Do you know the Defendants in this case?

A: Yes sir.

3. Q: Why do you know them?

A: They were tenants or lessees in our apartment building sir.

4. Q: You said tenants in “our apartment building” who own the

apartment building?
A: Our parents sir.

5. Q: What are the names of your parents?

A: Ricardo F. Ballesteros and Leonila G. Ballesteros sir.

6. Q: What is your proof to that?

A: I have here the copy of the Transfer Certificate of Title No.
253866 sir (to be marked as Exhibit “__”).

7. Q: Where are your parents?

A: They are already deceased sir.

8. Q: What is your proof to that?

A: I have here their death certificates sir (to be marked as Exhibits
“__”.)

9. Q: What is your proof that you are one of the heirs or children?
A: I have here with me my certificate of live birth sir (to be
marked as Exhibit “___”.

10. Q: What about the certificates of live birth of your siblings

or co-heirs?
A: I have here sir (to be marked as Exhibits “___”).

11. Q: Why did you file this case for forcible entry?
A: Because the defendants refused to vacate the apartment
building sir.

12. Q: What are you going to do with the apartment building?

A: I and my siblings decided to terminate the lease contract sir
and sell the apartment building.

13. Q: What authority do you have in filing this case?

2
 A: Aside from my right being the heir and as a co-owner, I was
also authorized by my siblings sir by way of a Special Power of
Attorney.

14. Q: Where is your SPA?

A: I have here sir (to be marked as Exhibit “__”.

15. Q: You mentioned while ago that the defendants have been
leasing the apartment building, how long have they been leasing.
A: More or less ____ years sir.

16. Q: What is the status of their lease?

A: We already terminated the lease.

17. Q: What do you mean terminated?

A: As early as June I already informed them that we will no longer
lease out the apartment building and that they should look for
another place to transfer. I also told them that we will sell the
property and I also offered it to them for sale.

18. Q: What was their reaction?

A: They refused to vacate sir. They remain to stay in the
apartment building until now.

19. What did you do then if any?

A: I engaged the services of a lawyer sir and she served a demand
letter to the defendants for them to vacate the apartment building.

20. Q: What did Defendants do after that?

A: They refused to vacate sir.

21. Q: What is your proof that you served a demand letter?

A: I have here with me the copies of the demand letters dated 06
August 2020 sir (to be marked as Exhibits “__”).

22. Q: What did you do when they refused to vacate?

A: I brough the matter before the Lupong Tagapamayapa of Brgy.
West Kamias sir.

23. Q: And what happened before the Lupon?

A: We had conciliation proceedings sir but we failed to come up
with amicable settlement sir.

3
 24. Q: What is your proof to that?
A: I have here with me the barangay minutes and the certificate to
file action sir (to be marked as Exhibits “__”).

25. Q: After you received the certificate to file action what step
did you take if any?
A: For nth time sir, I gave defendants last chance to vacate the
apartment building sir so I engaged the services of my lawyer to
serve them a second demand letter.

26. Q: So what happened after serving them the second demand

letter?
A: The defendants still refused to vacate sir and until now they
remain there.

27. Q: Do you confirm the truthfulness and the veracity of your

answers here?
A: Yes sir.

28. Q: What do you pray to this Honorable Court?

A: I respectfully pray sir to this Honorable Court to render a
Decision directing defendants to vacate the subject property and
the other reliefs stated in our complaint sir

IN TRUTH HEREOF, I hereby affixed my signature this 25th day of

March 2021 at Quezon City, Philippines.

GILBERT G. BALLESTEROS

SUBSCRIBED AND SWORN to before me this 25th day of March

2021 at Quezon City, Philippines affiant exhibited to me his Driver’s I.D.
No. N04-01-489492.

Doc. No. ____;

Page No.____;
Book No.____;
Series of 2021.

ATTESTATION CLAUSE

4
 The undersigned lawyer, of legal age, Filipino, married, with office
address at 3rd Floor, Vargas Bldg., 103 Kalayaan Ave., Diliman, Quezon
City, under oath states that:

1. He conducted the examination of witness Gilbert G. Ballesteros;

2. He has faithfully recorded the questions he asked of the witness

and the corresponding answers he gave to the same;

3. Neither he nor other person assisting him coached the witness

regarding the latter’s answers; and

4. He is aware that should this attestation is found to be false, he

shall be subjected to disciplinary action including disbarment.

IN WITNESS WHEREOF, undersigned hereby affixed his signature

this 25th day of March 2021 at Quezon City, Philippines.

MARK ALBERT GREGORY B. MAQUIRAYA

SUBSCRIBED AND SWORN to before me this 25th day of March

2021 at Quezon City, Philippines, affiant exhibited to me his I.B.P I.D. No.
58446.

Doc. No. ___;

Page No. ___;
Book No. ___;
Series of 2021.