Republic of the Philippines

REGIONAL TRIAL COURT

FIRST JUDICIAL REGION
BRANCH 38
Lingayen, Pangasinan

CAL-PHIL BUILDERS &

MANAGEMENT [PHILS.]
CORP., represented by its
President, MR. JULIUS J.
MANDAPAT,
Plaintiff,

- versus - CIVIL CASE NO. 19498

MULTICON MINES AND METALS

CORP. and NAPOLEON NAVATO,
Respondents.
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JUDICIAL AFFIDAVIT OF
MICHAEL L. CHAN

The witness, MICHAEL L. CHANG, will testify to prove the following:

1) That he is the Plant Personnel Manager of the mining plant of
defendant Multicon Mines and Metals Corporation in Barangay
Barlo, Mabini, Pangasinan, and that he is the duly authorized
representative of defendant Multicon to appear and testify as
witness and to sign or execute verification and/or certification of
non-forum shopping;
2) That he secured certified true copies of documents from Mines and
Geosciences Bureau, Regional Office No. 1, such as:
a) the Conditional Deed of Assignment (Exh. “2-Multicon”);
b) Deed of Assignment (Exh. “3-Multicon”);
c) the Letter dated September 15, 2015 (Exh. “4-Multicon”) of
plaintiff Calphil addressed Engr. Carlos Tayag, OIC-
Regional Director, MGB Regional Office No. 1, in Fernando
City, La Union ;
d) the letter-reply dated November 2, 2015 (Exh. “5-
Multicon”) sent by Edgardo D. Castillo to Atty. Stephen
Jaromay (Exh. “5-Multicon”); and
e) The Deed of Assignment by and between Napoleon Navato
and plaintiff Cal-Phil Builders and Management (Phils.)
Corporation, (plaintiff Cal-Phil), represented by Julius
Mandapat, which was executed on December 23, 2013.
3) And to prove other allegations in the Answer and Counterclaim of
Multicon.

WITNESS MICHAEL L. CHAN testified under examination

by the undersigned counsel, Atty. Jose G. de Vera, at the latter’s
office address at Suite 1311, 13/F, The One Executive Office
Building, West Avenue cor. Masrtinez St., Quezon City, Metro
Manila, and he answered the following questions, fully conscious that
he is testifying under oath and that he may be held criminally liable
for false testimony or perjury.
Q. 1: Please state your name, age, civil status, address and other
personal circumstances.
A. 1: I am Michael L. Chan, Filipino, of legal age, married and
a resident of Baguio City, and presently employed as
Plant Personnel Manager of defendant Multicon’s mining
plant in Barlo, Mabini. I am also authorized to appear as
representative of defendant Multicon in the above-entitled
case.

Q. 2: You said that you are authorized to appear as

representative of defendant Multicon in the above-entitled
case, do you have any written authority?
A. 2: Yes, sir, there is a Secretary’s Certificate to this effect.

Q. 3. I am showing to you a Secretary’s Certificate marked as

Exh. “1-Multicon”, what is the relation of this document
with that you have earlier mentioned?
A. 3: That is the same Secretary’s Certificate, sir.

Q. 4: As the duly authorized representative of defendant

Multicon in the above-entitled case, what do you do in
that capacity.
A. 4: Apart from appearing and testifying as witness, sign or
execute verification, I am also authorized to execute other
actions for and in behalf of Multicon.

Q. 5: What are these other actions for and in behalf of

Multicon?
A. 5: For instance, I was directed by the Multicon management
to secure certified true copies of documents from the
office of MGB-Regional Office No. 1 in San Fernando
City, La Union.

Q. 6: Would you kindly state the documents wherein you

secured certified true copies?
A. 6: First, I secured a true copy of the Conditional Deed of
Assignment by and between defendant Multicon and
Napoleon Navato from the MGB Regional Office No. 1,
San Fernando, La Union on May 18, 2016, and paid a
certification fee in the amount of P200.00.

Q. 7: I am showing to you a certified true copy of a Conditional

Deed of Assignment signed and executed by and between
defendant Multicon and Napoleon Navato, what relation
is this document with that you have earlier stated?
A. 7: That is the same document, sir.

Q. 8: Are there other documents you were asked to secure

certified true copies?
A. 8: Yes, sir. The Deed of Assignment marked as Exh. “3-
Multicon”, executed on November 12, 2014 by and
between defendant Multicon and Napoleon Navato, and
the certification affixed at the back portion of said
document as Exh. “3-D”.

Q. 9: I am showing to you a copy of the Deed of Assignment

marked As Exh. “4-Multicon”, what relation is this
document with that Deed of Assignment your have earlier
mentioned?
A. 9: That is the same document, sir. There is a certification
that it is a certified true copy at the back of the 3 rd page of
the document.

Q. 10: Any other document with a certified true copy?

A: 10: Yes, sir, the letter dated 15 September 2015 of plaintiff
Cal-phil through Jaromay Laurente Pamaos Law Office
addressed to Engr. Carlos Tayag, OIC-Regional Director
of MGB.

Q.11: I am showing to you a letter dated 15 September 2015,

what relation is this document with the letter you have
earlier mentioned?
A.11: That is the same document, sir. There is also a
certification appearing at the back of the 4th page of the
document stating that it is a certified true copy.

Q.12: Are there other documents you have secured from MGB-
Regional Office No. 1 bearing certified true copy?
A.12: Yes, sir. It is a letter dated November 2, 2015 addressed
to Atty, Stephen V. Jaromay sent by the Mines and
Geosciences Bureau, which is marked as Exh. “5-
Multicon”, at the back of which is a certification that it is
a true copy.

Q.13: I am showing to you the latter dated November 2, 2015

marked as Exh. “5-Multicon”, what relation is this
document with the letter you earlier mentionee?
A.13: That is the same document, sir.

Q.14. Do you have other document secured by you as certified

true copy?
A.14: The Deed of Assignment executed on December 23, 2013
by and between plaintiff Cal-Phil and Napoleon Navato at
the back of which is a certification that it is a true copy.

Q.15: I am showing to you a document entitled Deed of

Assignment executed by and between Cal-Phil and
Napoleon Navato, what relation is this document with
that you earlier stated?
A.15: That is the same document sir.
 Q.16: After having secured the photocopies of the documents
mentioned by you, what did you do, if any?
A.16: I gave the duly certified true copies of the documents to
the Mining Consultant Rizalino Payoyo who informed me
that these documents were needed by the counsel for
Multicon in the above-entitled case.

IN WITNESS WHEREOF, I have hereunto affixed my signature this

___ day of September 2017 at Bayambang, Pangasinan.

MICHAEL L. CHAN
Affiant

SUBSCRIBED AND SWORN to before me this ___ day of

September 2017 at Bayambang, Pangasinan, who for purposes of
identification has shown and exhibited his Driver’s License No. __________
issued on _____________ and valid until __________ , and he acknowleged
to me that the foregoing Judicial Affidavit is his free and voluntary act and
deed.

_______________________
Notary Public
Doc. No. ____
Page No. ____
Book No.____
Series of 2017

LAWYER’S ATTESTATION

I, ATTY. JOSE G. DE VERA, with Office address at Suite 1311,

13/F The One Executive Office Building, West Avenue cor. Martinez St.,
Quezon City, under oath states that:

That I conducted and supervised the examination of the abovenamed

witness;

That I faithfully recorded or caused to be recorded the questions I

asked and the corresponding answers given by the witness.

That neither any person present or assisting the witness nor I coached
the witness regarding his answers.

IN WITNESS WHEREOF, I have hereunto affixed my signature

this ____ day of September 2017 at Bayambang, Pangasinan.

JOSE G. DE VERA
Affiant

SUBSCRIBED AND SWORN to before me this ___ day of

September 2017 at Bayambang, Pangasinan, who for purposes of
identification has shown and exhibited his Senior Citizen ID No. 08668
issued on June 8, 2017, photocopy of which is hereto attached:

_______________________
Notary Public

Doc. No. ____

Page No. ____
Book No.____
Series of 2017