REPUBLIC OF THE PHILIPPINES

SIXTH JUDICIAL REGION

MUNICIPAL TRIAL COURTS IN CITIES
RAMON Q. AVANCEÑA HALL OF JUSTICE
ILOILO CITY, BRANCH__

SPOUSES JUAN DELA CRUZ &

BEATA DELA CRUZ
Plaintiffs,

-Versus- Civil Case No._______

For: Unlawful Detainer

SPOUSES JOSE BELITA &

CANDIDA BELITA
Defendants.
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JUDICIAL AFFIDAVIT OF JUAN DELA CRUZ

This Judicial Affidavit of Juan Dela Cruz, who is one of the plaintiffs, is executed to
serve as his direct testimony in the instant case.

This Judicial Affidavit is being offered to prove the following:

1. All the allegations in the complaint including all annexes appended thereto
and which were already marked as exhibits in the case;
2. All other related matters, facts and circumstances relevant and material to this
case.

This Judicial Affidavit was taken at the office of Atty. Cybill Diaz and Atty. Irish Diane
Mombay at Room 212, Injap Tower, Diversion Road, Mandurriao, Iloilo City, Iloilo.

Questions were propounded by Atty. Cybill Diaz and questions are numbered
consecutively and each question is followed by an answer of the witness.

1. State you name and your personal circumstances.

A. My name is Juan Dela Cruz and I am 50 years old, married to Beata Dela Cruz, and
Filipino. I am a resident of Barangay San Pedro, Molo, Iloilo City. I am a City
Engineer.

2. Do you swear to tell the truth and nothing but the truth being aware you can face
criminal liability for false testimony or perjury if you will not tell the truth?
A. Yes. I do swear.

3. Do you know the spouses Jose Belita and Candida Belita?

A. Yes

4. How do you know them?

A. They are my distant relatives from Carles, Iloilo.

5. I am showing you this document, herein referred to as Annex 1. Do you know this
document?
A. Yes, I do.
6. What is this document?
A.It is the Transfer Certificate of Title entitled TCT No. T-567834 of the 500 square meter
lot located at Sambag, Jaro, Iloilo City, with my name and my wife’s name as owners.

7. What occurred in the year 2008 regarding this lot?

A. Jose and his wife Candida Betita came to me and asked if they can occupy a portion of
my lot in Sambag, Jaro, Iloilo City.

8. What will they build in the said lot?

A. A house made of light materials.

9. What did you say after they approached you with the request to build the house
of light materials?
A. I told them they can build the house.

10. Was there a written contract made when you allowed the Spouses Belita to occupy
said lot?
A. There was no contract, I just allowed them to occupy for they are my relatives and
that there was no one who has occupying the lot. And they did say they were only to
build light materials.

11. Were there any conditions made regarding the allowance of occupation of the
Spouses Belita in the said lot?
A. No conditions, except that if I will be needing the said lot they should vacate the
premises.

12. Did you demand payment of rentals to such occupation?

A. None at all. I just allowed them to occupy temporarily.

12. When did start constructing their house?

A. The same year that I agreed that they may occupy the lot.
13. What kind of materials did the spouses used in building the said house?
A. The house I saw was built of bamboo, wood and nipa. They were the light materials
they said they would use to build their house. But after four (4) years, they renovated
the same house into concrete with galvanized iron roof.

14. What happened on or about January 23, 2014?

A. I told the Spouses Belita to vacate the lot.

15. Why did you ask them to vacate the lot?

A. My son needed the lot to build his house. At the time he just got married.

16. What was the date for the spouses Belita to vacate the lot?
A. June 30 of the same year, 2014.

17. When you demanded the spouses Belita to vacate the lot, what was their response?
A. They said they will vacate the lot only if they would be reimbursed for the house they
built.

18. What did you say to the spouses Belita?

A. I told them I will not pay them, for they did not ask permission to build a concrete
house.
19. On June 30, 2014, the date demanded for the spouse Belita to vacate, what did you
see on your lot?
A.The spouses Belita made no effort to vacate the premises.

21. What course of action did you take afterwards?

A. I sent them demand letter to vacate the lot within 15 days from receipt of the letter.

22.This second document I am now showing you, herein referred to as

Annex 2, what is this document?
A. This is the demand letter I sent on July 1, 2014.

23. How was this demand letter sent and received by the Spouses Belita?
A. It was sent by registered mail and it was the received by them the same way.

24. This third document I am showing you, herein referred to as Annex 3, what is this
document?
A. It is the return registry card. It shows they received my letter of demand to vacate on
July 3, 2014.

25. After 15 days, on July 18, 2014, who were at your lot?
A. The Spouses Belita were still in my lot despite my demands.

26. After they refused to vacate, what did you do next?

A. I filed a complaint with the Barangay Chair of Sambag for conciliation and
mediation between myself and the spouses Belita.

27.What was the result of the conciliation and mediation with Barangay
Chair?
A.We could not find an agreement.

28. After the conciliation and mediation, what occurred?

A.The Barangay Chair conducted another conciliation conference with us in the Pangkat
Tagapamayapa.

29. What was the result in this subsequent conference?

A. Same as before. We could not settle anything.

30. I am now showing you a fourth document, herein referred to as Annex 4. What is
this document?
A. It is a Certification to File Action. The certificate was issued to me by the Secretary of
the Pangkat after we could not settle during the conference.

31. What other attempts did the spouses Belita do to help settle the matter?
A. None, we have not talked or communicated with each other since the last conciliation
conference.

Further Affiant Sayeth Naught.

IN WITNESS WHEREOF, I have hereunto set my had this 6th day of October, 2015,
Iloilo City.

Juan Dela Cruz

Affiant
SUBSCRIBED AND SWORN TO before me this 6th day of October, 2015, in Iloilo City,
Philippines, affiant showing to me his competent evidence of identity being his Driver’s
License Identification No. 56789 through which he was identified.

Notary Public
Until December 31, 2015
PTR No:
IBP No:
Roll No:

Doc No.______ ;
Page No.______;
Book No. _____ ;
Series of 2015.

SWORN ATTESTATION

The undersigned hereby attest, as counsels of the witness, we faithfully recorded

the questions asked and the corresponding answers that the witness gave and neither
we nor any other person then present or assisting us coached the witness
regarding the latter’s answers.

Cybill Diaz Irish Diane Mombay

Counsel for Plaintiff Counsel for Plaintiff
PTR No._________ PTR No._________
IBP No._________ IBP No._________
Roll No._________ Roll No._________
MCLE: MCLE:

Diaz & Mombay Law Office

Room 212, Second Floor,
Injap Tower, Diversion Road
Mandurriao, Iloilo City, Iloilo.
(33)-5083837
DMLO@batas.com