Republic of the Philippines

REGIONAL TRIAL COURT

Ninth Judicial Region
Branch 12
Maginahawa City

SPS. MARC B. DE PERALTA and

CARINA A. DE PERALTA,
Plaintiffs, Civil Case No. 2025

-versus- for:

RECOVERY OF POSSESSION
CITY GOVERNMENT OF MAGINHAWA
And HOLY TRINITY FOUNDATION, INC
Defendants,

x----------------------------------------------------------------------------------------------------------x
JUDICIAL AFFIDAVIT
CARINA A. DE PERALTA

SWORN AFFIDAVIT of Carina A. De Peralta, of legal age, Filipino, married, and a resident
of 59 Ermin Garcia St, Pinagkaisahan, Quezon City, Metro Manila, Philippines, taken by Atty
Jissey Raye L. Rafanan inside the Rafanan Law office, Maginhawa City, with address at 724
Columbia Street this city on or about 9:00 o’clock in the morning of April 5, 2021. Question and
answers were propounded in English as herein affiant is conversant with and the witness was
informed that the same is made under oath, and that he may face criminal liability for false
testimony or perjury; that the question asked and the corresponding answers thereto are
consecutively numbered which show the circumstances under which the witness acquired facts
on which he testifies; that the questions propounded on the witness elicited from him those facts
which are relevant to the issues that the case presents; and the answer of the witness identified
the attached documentary and/or object evidence and established their authenticity in accordance
with the Rules of Court; that the Witness affixed his signature over this printed name; and that
the jurat with the signature of the notary public who administered the oath is authorized by law
to administer the same. All exhibits referred to in this judicial affidavit are attached and marked
herein.

Q-1 Are you willing to tell the truth in this inquiry?

A-1 Yes attorney.
Q-2 Are you willing to answer the questions I will ask you and are you aware that you are
under oath and that you may face criminal liability for false testimony or perjury?
A-2 Yes.
Q-3 Please stat your name, age, address and other personal cirumstances.
A-3 I am Carina A. De Peralta, 38 years of age, Filipino citizen, married to Marc B. De
Peralta and a resident of 59 Ermin Garcia St, Pinagkaisahan, Quezon City, Metro
Manila, Philippines.
Q-4 Why are you here in this office
A-4 I am hereto present my self as a witness for herein plaintiff against the defendant city
Government of Maginhawa and Holy Trinity Foundation, Inc for the recovery of
possession of our property.
Q-5 Can you tell us what is the property that you are referring to?
A-5 The property is the one that me and my husband own under The Transfer Certificate
of Title (TCT) No. T-21,940 with the Register of Deeds of Maginhawa City covering
an area of twelve thousand and twenty-nine (12,029) square meters and situated at
Barangay Masaya, Maginhawa City.
Q-6 Can you tell us about how you acquired the property?
A-6 On September 14, 1967, we bought a parcel of land from Juan Alvarez described as
lot 123-A then covered by TCT No. T-9133 with an area of Twelve Thousand and
Twenty-Nine (12, 029) square meters for the purchase price of One Hundred Forty
Thousand Pesos (Php 140.000.00). the same was clean and without any
encumbrances. Upon application to the registry of deed the Title Certificate no. T-
9133 was cancelled and Transfer Certificate Title no. T-21,940 was issued under our
name as registered owner.
Q-7 What is the present situation of your property?
A-7 The present situation of our property when we check it, the property was occupied by
St. Peter House, an institution under the control and supervision of the Holy Trinity
Foundation. Without our permission.
Q-8 What did you do when you learn that the property was already occupied?
A-8 Upon learning the property was occupied with authority from the city government of
Maginhawa to use the portion of the property. We seek the assistance of a counsel for
legal action, where a demand letter to vacate was executed against the occupant of
our property and also addressed to the incumbent mayor Klent Albrecht of
Maginhawa City.
Q-9 What happen after you gave the notice to vacate the property.
A-9 The occupant ignored our demand to vacate, claiming it was with authority because
the property was already expropriated by the city government and they have an
agreement with the city government to use the portion of the lot hence we have no
other choice but to recourse to legal action.
Q-10 As of this moment I have nothing to ask you, do you have anything to add, alter or
 extract on the statement of yours?
A-10 At the time of the purchase of the property from Juan Alvarez we are a purchaser in
good faith because as relied on the Title No. T-9133 there was no encumbrances
hence it was a clean title , and at the time when the sale of the lot was consummated
It was unknown to us that there was a pending action against Juan Alvarez for
eminent domain over TCT No. T-9133.

END OF STATEMENT.

FURTHER AFFIANT SAYETH NAUGHT

CARINA A. DE PERALTA
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a Notary Public in and for Maginhawa City this July 5, 2021.
Affiant personally came and appeared wit Community Tax Certificate with CTC number 12345678 issued
on January 3, 2021 by the City of Maginhawa, Philippines known to me as the same person who
personally signed the foregoing instrument before me and avowed under penalty of law to the wole
truth of the contents of said instrument.

Doc. No. ___ ATTY. JISSEY RAYE L. RAFANAN

Page No. ___ PTR No. 0990675; 01-06-2021
Book No. ___ IBP No. 678566; 01-05-21
Series of 2021 Roll No. 56789; May 4, 2010
MCLE Compliance No. V-000564/04/15/2019
to 04-14-2022
 SWORN ATTESTATION OF THE COUNSEL/LAWYER
I, ATTY. JISSEY RAYE L. RAFANAN, of legal age, Filipino with postal address 724 Columbia street,
Maginhawa City, after being duly sworn deposes and say that:

1. I was the one who conducted the examination of the petitioner Marc Baniaga De Peralta at
Rafanan Law Office, 724 Columbia street, Maginhawa City;
2. I have faithfully record or caused to be recorded the questions I asked and the corresponding
answers that the witness gave; and
3. Neither I nor any other person then present coached the witness regarding his answers.

IN WITNESS WHEREOF, I have hereunto set my hand this %th day of July 2021 at Maginhawa City,
Philippines

ATTY. JISSEY RAYE L. RAFANAN

Affiant

SUBSCRIBED AND SWORN TO BEFORE ME a notary public in and for Maginhawa City this 5 th day
of July. Affiant personally came and appeared known to me, being partners in the law firm as the
senior associate attorney.

Doc. No. ___ ATTY. WAZZUP NIGGS

Page No. ___ PTR No. 0990675; 01-06-2021
Book No. ___ IBP No. 123456; 01-05-21
Series of 2021 Roll No. 67890; May 4, 2010
MCLE Compliance No. V-000564/04/15/2019 to 04-14-2022

Copy Furnished:

ATTY. HIZAM LATIP JUNAID

Counsel for the Defendant
234 Macau St., Maginhawa City

CITY GOVERNMENT OF MAGINHAWA

OFFICE OF THE CITY MAYOR
Maginhawa City Hall
Maginhawa City