Republic of the Philippines

SUPREME COURT OF THE PHILIPPINES

Fourth Judicial Region
MUNICIPAL TRIAL COURT
SABLAYAN, OCCIDENTAL MINDORO

TRIZELA N. FANOGA Civil Case No.169

Plaintiff, For: Forcible Entry and
Damages

-versus-

SPS. WILMER AND EVELYN M.

NAPILA and ALMER M. NAPILA
Defendants x-------------------------------------------------x

JUDICIAL AFFIDAVIT OF TRIZELA N. FANOGA

Purposes:

1. To prove that she is the registered owner and together with her
predecessor in interest have been in open and continuous
possession of agricultural lands situated at Barangay San
Francisco, Sablayan Occidental Mindoro covered by TCT.
01056348 and TCT No. 01056346 containing an area of EIGHT
THOUSAND NINE HUNDRED AND THIRTY EIGHT (8,938)
SQUARE METERS MORE OR LESS and SEVENTEEN
THOUSAND, SIX HUNDRED AND SEVENTY-SEVEN (17,677)
SQUARE METERS OR MORE respectively.
2. To prove that SPS. WILMER AND EVELYN M. NAPILA and
ALMER M. NAPILA without her knowledge and consent, with
force, intimidation, strategy and stealth unlawfully entered her
property and constructed a fence therein;
3. To prove that she availed of the processes of Katarungang
Pambaranggay to amicably settle the dispute prior to the filing
of the present case but to no avail;
4. To prove other matters relative to the foregoing.

I, TRIZELA N. FANOGA, of legal age, married and with residence

address at Barangay San Francisco, Sablayan, Province of Occidental
Mindoro, and Petitioner in this case state under oath as follows:

PRELIMINARY STATEMENT

The person examining me is Atty. Melvie E. Silverio-Dacayanan, with

residence address at H. Daño Street, Buenavista, Sablayan, Occidental
Mindoro. The examination is being conducted at her Law
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Office with address 1261 Claudio Salgado St. Buenavista, Sablayan,
Occidental Mindoro. I am answering her question fully conscious that I
do so under oath and may face criminal liability for false testimony and
perjury.

Question 1: Ms. Witness, what is your purpose in appearing before me

this afternoon?

Answer 1: To give a statement regarding the case for FORCIBLE

ENTRY with DAMAGES which I filed against SPS.
WILMER AND EVELYN M. NAPILA and ALMER M.
NAPILA.

Question 2: Can you tell me the surrounding circumstances that lead

to the filing of this present petition?

Answer 2: I am the registered owner of 2 parcels of agricultural lot

located at Barangay San Francisco, Sablayan, Occidental
Mindoro. My father Rodolfo Napila registered the property
under my name before he died on 2011. The properties
were sold to him by the late Potenciano Sison on April 21,
1986. Originally what was sold to him was four (4)
hectares of lot out of the 10 hectare lot covered by OCT P-
5876 in the name of Potenciano Sison. After the sale, my
father caused the transfer of the four (4) hectare lot to his
name by obtaining an Affidavit of Confirmation from
Potenciano Sison, he paid the Capital Gains Tax and he
was issued Certificate Authorizing Registration by the
Bureau of Internal Revenue. Sometime in 1987, while
processing the transfer of property to his name, my
father Rodolfo Napila leased the property to Alex Sour in
exchange for 25 cavans of rice per cropping by oral
agreement. Unfortunately five (5) years into the
agreement when my father wishes to terminate the lease
of the property, Alexis Sour now claimed that he was a
tenant of my father and that he cannot be removed from
the land. An action was filed before the Department of
Agriculture Regional Adjudication Board (DARAB), the
case dragged on for many years which hindered the
process of transferring title to my father’s name but my
father was able to take possession the four hectare lot
until the case reached the Regional Trial Court and in
2005 an amicable settlement was entered into by my
father and Alexis Sour.

Question 3: What was the content of the amicable settlement?

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Answer 3: Based on the amicable settlement agreement 1 hectare
was voluntary given by my father to Alexis Sour and the
remaining 3 hectares was left to him.

Question 4: After the amicable settlement agreement what

happened next?

Answer 4: Since my father was ill at that time, I was tasked to

manage the lands to cover the medical expenses of my
father and the processing of title. On 2009, when we
finally have the money, we cause the survey of the lot
belonging to Potenciano Sison to determine the area
sold to my father and to subdivide the land covered by
OCT P-5876 in the name of Potenciano Sison. After the
subdivision plan was approved my father decided that
the title be transferred in my name instead of his name.
We received the titles on September, 2011.

Question 5: Ms. Witness you said earlier that your father decided
that the property be transferred in your name and that
you received the titles on September of 2011, do you
have any evidence to support that claim?

Answer 5: Yes, Attorney. I have the titles with me here.

Manifestation: Documents were handed to Attorney Silverio-

Dacayanan.

Question 6: I have with me two Original Owner’s Duplicate

Certificate under the name TRIZELA FANOGA,
Transfer Certificate of Title No. CLOA –T- 01056348
containing an area of EIGHT THOUSAND NINE
HUNDRED AND THIRTY EIGHT (8,938) SQUARE
METERS MORE OR LESS and Transfer Certificate of
Title No. CLOA –T- TCT No. 01056346 containing an
area of SEVENTEEN THOUSAND, SIX HUNDRED AND
SEVENTY-SEVEN (17,677) SQUARE METERS OR
MORE respectively. I will make it an integral part of
this judicial affidavit and mark it as ANNEX “A to
A-1”and ANNEX “B to B-1”respectively do you confirm
my action?

Question 6: Yes. Attorney.

Question 7: After you received the title what happened next?

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 Answer 7: From that time, I was in peaceful possession of the
property until last December 23, 2020 after I harvested
my crops I was informed by my laborer that Sps. Wilmer

and Evelyn Napila, their son Almer Napila together with

their laborers encroached my property and forcibly
constructed a fence surrounding the lots covered by my
title;

Question 8: When you learned about it what did you do next?

Answer 8: I was furious and I wanted to confront them. But I was

advice to file a complaint and have them summoned
before Barangay San Francisco of this municipality in
order to amicably and legally settle the matter.

Question 9: After filing the complaint in the Barangay what

happened?

Answer 9: We were set for hearing and were summoned to appear

before the Barangay Agrarian Reform Council (BARC)
but after three (3) settings and three (3) summonses
they failed and continuously failed to attend. After
which I applied for and was granted the KATIBAYAN
UPANG MAKADULOG SA TANGGAPAN NG HUKUMAN.

Question 10: Do you have with you the copy of that KATIBAYAN
UPANG MAKADULOG SA TANGGAPAN NG HUKUMAN.

Answer 10: Yes, Attorney.

Manifestation: Documents were handed to Attorney Silverio-

Dacayanan

Question11: I have with me a copy of the KATIBAYAN UPANG

MAKADULOG SA TANGGAPAN NG HUKUMAN signed
by Barangay Captain Jesusito Daprosa of Barangay San
Francisco,Sablayan, Occidental Mindoro. I will make it
an integral part of this judicial affidavit and mark it
as ANNEX “C” do you confirm my action?

Answer 11: Yes, Attorney.

Question 12: You mentioned earlier that Potenciano Sison sold to

your father the lots you claimed to be covered by titles
under your name is that correct?

Answer 12: Yes, Attorney.

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 Question 13: Do you have any proof that such sale existed?

Answer 13: Yes, Attorney. I have the copy of Deed of Sale between
Potenciano Sison and Rodolfo Napila dated April 21 st,
1986 executed before the then MTC Judge, Gaspar
Bercasio; the Confirmation of Sale executed by
Potenciano Sison in favor of Rodolfo Napila dated April
30, 1986 notarized by MTC Judge Gaspar Bercasio; the
Certificate Authorizing Registration dated June 27,
1986 issued by the Bureau of Internal Revenue in favor
of Rodolfo Napila; and the stamp of Register of Deeds
for Mamburao certifying that the Instrument Deed of
Sale was registered therein dated January 5, 1987.

Manifestation: Documents were handed to Attorney Silverio-

Dacayanan

Question 14: I have with me a copy of the Deed of Sale between

Potenciano Sison and Rodolfo Napila dated April 21 st,
1986 executed before the then MTC Judge, Gaspar
Bercasio; the Confirmation of Sale executed by
Potenciano Sison in favor of Rodolfo Napila dated April
30, 1986 notarized by MTC Judge Gaspar Bercasio; the
Certificate Authorizing Registration dated June 27,
1986 issued by the Bureau of Internal Revenue in favor
of Rodolfo Napila; and the stamp of Register of Deeds
for Mamburao certifying that the Instrument Deed of
Sale was registered therein dated January 5, 1987.

I will make it an integral part of this judicial

affidavit and mark Deed of Sale between Potenciano
Sison and Rodolfo Napila dated April 21 st, 1986 as
ANNEX “D”; the notary stamp of MTC Judge, Gaspar
Bercasio as ANNEX “E”; the the Confirmation of Sale
executed by Potenciano Sison in favor of Rodolfo Napila
dated April 30, 1986 notarized by MTC Judge Gaspar
Bercasio as ANNEX “F and F-1”; do you confirm my
action; the the Certificate Authorizing Registration
dated June 27, 1986 issued by the Bureau of Internal
Revenue in favor of Rodolfo Napila as ANNEX “G” and;
the stamp of Register of Deeds for Mamburao certifying
that the Instrument Deed of Sale was registered therein
dated January 5, 1987 as ANNEX “H” do you confirm
my action?

Answer 14: Yes, Attorney.

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 Question 15: You also mentioned that you have the lot owned by
Potenciano Sison surveyed and have the subdivision
plan approved in order to determine which part of his

property was sold to your father is that correct?

Answer 15: Yes, Attorney.

Question 16: Do you have any proof that such survey was conducted
and that subdivision plan was approved?

Answer 16: Yes, Attorney. I have with me the copy of approved

subdivision plan of Lot 581 covered by OCT P-5876.

Manifestation: Documents were handed to Attorney Silverio-

Dacayanan

Question 17: I have with me a copy of the approved subdivision plan

of Lot No. 581 covered by OCT No. P-5876 with the
date of approval dated December 15, 2009 signed by
Lydia S. Lopez, OIC Technical Director, Land
Management Services, I will make it an integral part of
this Judicial Affidavit and mark the Subdivision Plan as
ANNEX “I”; the date of approval December 15, 2009 as
Annex “I-1” and the name and signature of OIC
Technical Director, Land Management Services, Lydia S.
Lopez as ANNEX “I-2”, do you confirm my action?

Answer 17: Yes, Attorney.

Question 18: You also mentioned that Sps. Napila and their son
Elmer constructed a fence in your property, do you have
any proof of such construction?

Answer 18: Yes, Attorney. I have a photo taken before and after the
fence was constructed on my property.

Manifestation: Pictures were handed to Attorney Silverio-Dacayanan

Question 19: I have 2 pictures with me the first photo a rice field
along the side of the street without fence and the
second photo a rice field which have been harvested
and fenced. Do you confirm that this is the same
property/ies covered by your title?

Answer 19: Yes, Attorney.

Question 20: I will make these pictures an integral part of this

judicial affidavit. I will mark the picture of the property
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 without fence as ANNEX “J” and the fenced property
as ANNEX “J-1”, do you confirm my action?

Answer 20: Yes, Attorney.

Question: 21: Do you have anything more to say?

Answer 21: None.

Question 22: Are you willing to sign this sworn statement of yours
composed of 8 pages?
Answer 22: Yes.

Affiant further sayeth naught.

This 26th day of April, 2021 at 2:30 in the afternoon.

TRIZELA N. FANOGA
Affiant

SUBSCRIBED AND SWORN to before me this ___th day of

_______________, 2021 in Sablayan, Occidental Mindoro, affiant
exhibited to me his CTC/I.D. No. ____________, as evidence of his
identity and that I am satisfied that he voluntary executed and
understood his sworn statement.

WITNESS MY HAND AND SEAL, at the place and date above

mentioned.

Doc. No._______;
Page No._______;
Book No._______;
Series of 2021.

ATTESTATION

I attest to the fact that I personally supervised the taking of the

testimony of the defendant TRIZELA N. FANOGA, the result was
reduced in this Judicial Affidavit and I further attest that the questions
asked of the witness and his answer to the same were faithfully
recorded and that no one assisted or coached the witnessed when he
answered the question ask on him.

ATTY. MELVIE E. SILVERIO-DACAYANAN

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 Counsel for the Petitioner
1261 Claudio Salgado Street,Buenavista
Sablayan, Occidental Mindoro

Roll of Attorneys No. 68003

IBP Lifetime Roll No. 016948
PTR No. B-8378984, Occ. Mindoro
MCLE Compliance No. VI-0016804
bhem197896@gmail.com

OATH AND CERTIFICATION

SUBSCRIBED AND SWORN to before me this ___day of April, 2021 at

San Jose, Occidental Mindoro. I further certify that I have

personally examined the affiant under oath and that I am fully

satisfied and he voluntarily executed and understood his statement.

WITNESS MY HAND AND SEAL, at the place and date above

mentioned.

Doc. No._______;
Page No._______;
Book No._______;
Series of 2021.