Republic of the Philippines

SUPREME COURT OF THE PHILIPPINES

Fourth Judicial Region
REGIONAL TRIAL COURT
BRANCH 13
CULASI, ANTIQUE

LORNA POBLETE ARELLANO Civil Case No.C-317

Plaintiff, For: ________________

-versus-

JOVITO ESTOLLOSO
Defendants
x-------------------------------------------------x

JUDICIAL AFFIDAVIT OF LORNA POBLETE VDA.

DE ARELLANO

PURPOSE: The testimony of the witness is being offered to

prove that

1. When she and her other four (4) siblings signed the
Waiver of Rights over the 2,334-square meter portion
of Lot No. 7002 on April 2, 2014, they possess no Tax
Declaration over said lot;
2. She will also testify that she and her other siblings
just relied on the Tax Declaration brought by
Defendant Jovito with him in going to Sablayan on
April 2, 2014. Jovito told plaintiffs that the area of Lot
No. 7002 is only 2,334 square meters.

I, LORNA POBLETE ARELLANO, 84 years old, Filipino,

widow, and a resident of Brgy. Sto. Nino, Sablayan, Occidental
Mindoro, after having been sworn to in accordance with law,
do hereby depose and state that:

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 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.

Q1. Ms. Witness, what is your purpose in

appearing before me this afternoon?
A1. To give my statements freely and
voluntarily regarding Civil Case No. C-
317 pending before RTC Branch 13,
Culasi, Antique. This case is closely
related to Civil Case No. C-316 which is
also pending before the same Honorable
Court.

Q2. What is the subject matter of the Civil

Case No. C-317?

A2. The case is about the recovery of the

excess 10,000-square meter portion or
one (1) hectare portion of Lot No. 7002,
declared in the name of Paula Mongcal,
my grandmother. On April 2, 2014, I
together with my four (4) siblings, signed
a Waiver of Rights over the 2,334-square
meter portion of said lot for only PhP
50,000.00, in favor of Vanessa Grace A.
Estolloso. Vanessa Grace’s father, Jovito
Estolloso went to Sablayan, Occidental
Mindoro on April 2, 2014 to facilitate the
notarization of said Waiver.

Q3. What is the subject matter of Civil Case

No. C-316?

A3. It is for annulment of title and

reconveyance of Lot No. 6571, declared
also in the name of my grandmother
Paula Mongcal. In that case, Jovito
caused the execution of a Waiver of Right
dated June 28, 2013 in favor of his late
father Salustiano Estolloso by forging my
 signature. Salustiano was then able to
secure an Original Certificate of Title No.
P-43067 over Lot No. 6571 with the use
of said Waiver, bearing my fake
signature. I therefore filed against Jovito
a criminal complaint before the Office of
the Provincial Prosecutor.

Q4. You said you have filed a criminal case

against Jovito Estolloso, do you have the
copy of the said criminal complaint?

A4. Yes, Attorney. I have it with me.

Manifestation: A copy of the criminal case against Jovito

Estolloso was handed to Atty. Silverio-Dacayanan.

Q5. I have with me a copy of complaint filed

by Lorna Poblete Arellano against Jovito
Estolloso, entitled
_________________________________________
_____________________ with Criminal Case
No. __________, I will make it an integral
part of this judicial affidavit and
mark it as ANNEX “A” do you confirm
my action?
A5. Yes, Attorney.
Q6. Going back to Civil Case No. C-317,
please tell me about it.

A6. Sometime in April, 2014, Defendant

Jovito went to Sablayan to offer to buy
2,334-square meter portion of Lot No.
7002 for Fifty Thousand Pesos (PhP
50,000.00). The gesture of Jovito, who is
from Sebaste, Antique in going to
Sablayan favorably affected me and my
sister Estela because we both studied in
Northern Antique Vocational School
(NAVS) during our high school. Also,
during our childhood days, Estela and I
have stayed at the house of our
grandmother Paula Mongcal at Brgy.
Aras-asan, Sebaste, Antique.
We counter-offered for Sixty Thousand
Pesos (PhP 60,000.00) but Jovito did not
agree. He reasoned that the lot, being
near a river, is not very productive.
Finding Jovito’s explanation reasonable,
my four (4) siblings and I signed the
Waiver of Rights.

Our deceased sister, Flordelina Poblete

Canals, was not represented in the said
Waiver. We made this known to Jovito
but he said something like “Di bale na,
okay lang” because he is also in a hurry
to go back to Sebaste. So there is valid
waiver for only 5/6 of the 2,334-square
meter portion of the lot. We the plaintiffs
are willing to return 5/6 of PhP
50,000.00 to Defendants Jovito D.
Estolloso and Vanessa Grace A. Estolloso
because the heirs of our sister Flordelina
were not able to sign in the Waiver.

During the signing of said Waiver on April

2, 2014, my four (4) siblings and I agreed
to sell it for only PhP 50,000.00 because
the Tax Declaration showed to us by
Jovito states that the lot’s area consists
of 2,334 square meters only. On said
date, we do not have a copy of any Tax
Declaration over Lot No. 7002 because we
are in Occidental Mindoro and we still
have to go to the Municipal Assessor’s
Office of Sebaste to get a copy. Had we
known that the area of Lot No. 7002 is
12,334 square meters, we would have not
alienated it for just PhP 50,000.00.

Defendant Jovito has not been completely

honest with us. He knows that the true
area of Lot No. 7002 is 12,334 square
meters. In fact, he attached a Tax
Declaration, effective for the year
1994, as Annex 2 of his Answer
showing that Lot No. 7002 consists of
12,334 square meters. Such document
has not been attached by us plaintiffs in
our Complaint. Thus, it was concealed by
 Jovito from us when he transacted with
us in Sablayan on April 2, 2014.

I was the one who paid the real property

taxes (accrued for several years) over Lot
No. 7002 sometime in 2013. I became
suspicious of Jovito’s act of going all the
way to Sablayan from Sebaste. It came to
my mind that the area of Lot No. 7002 is
not that small. Thus, on December 18,
2014, I went to the Municipal Hall of
Sebaste. Being already in Sebaste, I
settled the lot’s taxes before returning to
Sablayan. I paid PhP 183.52 to the
Municipal Treasurer’s Office of Sebaste.
However, I was not able to secure a copy
of Tax Declaration over Lot No. 7002
because of a lacking document: proof of
my relationship with Paula Mongcal.

Q7. You said Jovito Estolloso showed a tax

declaration covering Lot No. 7002
covering an area of 2,334 square meters,
in which you relied in signing the waiver
of rights, do you have a copy of that tax
declaration shown by Jovito Estolloso to
you?

A7. Yes, Attorney. I have it with me.

Manifestation: A copy of Tax Declaration no.

__________________was handed to Atty. Silverio-Dacayanan.

Q8. I have with me a copy of tax declaration

no. _______________ in the name
of________________________,I will make it
an integral part of this judicial affidavit
and mark it as ANNEX “B” do you
confirm my action?
A8. Yes, Attorney.

Q9. After that, what happened next?

A9. Upon my return to Sablayan, I told Estela

that we should go to Sebaste to take care
of the properties of our grandmother.
 Thus, on April 27, 2015, we went to
CENRO Culasi to request a Certification
regarding Lot No. 7002. It was only on
that day that we discovered that the true
area of said lot is 12,334 square meters.

Q10. Do you have a copy of that CENRO

Certificate with you?

A10. Yes, Attorney. I have it with me.

Manifestation: A copy of certificate issued by CENRO of

Culasi Antique was handed to Atty. Silverio-Dacayanan.

Q11. I have with me a copy of certificate issued

by CENRO of Culasi Antique, I will make
it an integral part of this judicial affidavit
and mark it as ANNEX “C” do you
confirm my action?
A11. Yes, Attorney.

Q12. After obtaining the certificate from

CENRO of Culasi, Antique what did you
do next?

A12. On May 12, 2015, Estela and I went to

Antique Provincial Assessor’s Office in
San Jose de Buenavista to request for a
copy of Tax Declaration over Lot No.
7002. Through the latest Tax Declaration,
effective for the year 2016, we were able
to confirm that said lot consists of 12,334
square meters.

Q13. Do you have a copy of that Tax

Declaration issued for the year 2016
issued by Antique Provincial Assessor’s
Office with you?

A13. Yes, Attorney. I have it with me.

Manifestation: A copy of Tax Declaration issued for the

year 2016 issued by Antique Provincial Assessor’s Office was
handed to Atty. Silverio-Dacayanan.
Q14. I have with me a copy of Tax Declaration
issued for the year 2016 issued by
Antique Provincial Assessor’s Office I will
make it an integral part of this
judicial affidavit and mark it as
ANNEX “D” do you confirm my action?
A14. Yes, Attorney.

Q15. Where is Lot No. 7002 located?

A15. It is located in Brgy. Bacalan, Sebaste,

Antique. However, barangay conciliation
proceedings between us plaintiffs and
Defendant Jovito were conducted in Brgy.
Aras-asan, Sebaste, Antique regarding
both Lot Nos. 6571 and 7002. That’s why
our lawyer was confused. In the
Complaint, Lot No. 7002 was stated to be
located in Aras-asan. But I am clarifying
it now. Lot No. 6571 is located in Aras-
asan while Lot No. 7002 is situated in
Bacalan.

Q16. What happened next?

A16. On May 22, 2015, Estela wrote a letter

addressed to the CENR Officer in Culasi,
Antique, requesting for a subdivision
survey of Lot No. 7002. The reason is that
only 2,334 square meters was sold in the
name of Vanessa Grace A. Estolloso and
the remaining portion of 10,000 square
meters still belongs to us, the children of
Elpidia Mongcal. Elpidia Mongcal, our
mother and the only legitimate child of
Paula Mongcal, married Vicente Poblete,
our father.

Q17. Do you have a copy of the letter request

for subdivision addressed to the CENRO
with you?

A17. Yes, Attorney. I have it with me.

Manifestation: A copy of copy of the letter request for

subdivision addressed to the CENRO was handed to Atty.
Silverio-Dacayanan.

Q18. I have with me a copy of the letter request

for subdivision addressed to the CENRO I
will make it an integral part of this
judicial affidavit and mark it as
ANNEX “E” do you confirm my action?
A18. Yes, Attorney.

Q19. Was CENRO Culasi able to conduct a

subdivision survey over Lot No. 7002?

A19. No, because Jovito prevented the staff of

CENRO. Jovito told the staff that he
already bought the whole of Lot No. 7002.

Q20. Do you have anything else to say?

A20. Yes. For several years already, Lot No.

7002 is being leased by Jovito to a quarry
operator as a stockpile area even though
he does not fully own it. We went to the
area sometime in September 2017 and
took a photo.

Q21. Do you have a copy of the photo with

you?

A21. Yes, Attorney.

Manifestation: A copy of photo taken by the Plaintiff was

handed to Atty. Silverio-Dacayanan.

Q22. I have with me a copy of photo taken by

the Plaintiff I will make it an integral part
of this judicial affidavit and mark it as
ANNEX “F” do you confirm my action?
A22. Yes, Attorney.

Q23. What else, Ma’am?

A23. Strangely, defendants in their Answer

stated that the proper remedy for us is to
 request for a Reformation of Instrument.
But it is just a mere afterthought and
empty words. We had a conciliation
proceeding at the Barangay Level but
Jovito did not want any settlement, such
as reformation of instrument. I have here
an August 2, 2017 Certificate to File
Action from the Lupong Tagapamayapa
which means that any attempt for
mediation failed.

Q24. Do you have a copy of the Certificate to

File an Action issued in your favor?

A24. Yes, Attorney.

Manifestation: A copy of Certificate to File an Action

issued in favor of the Plaintiff was handed to Atty. Silverio-
Dacayanan.

Q25. I have with me a copy of Certificate to File

an Action issued in favor of the Plaintiff I
will make it an integral part of this
judicial affidavit and mark it as
ANNEX “F” do you confirm my action?
A25. Yes, Attorney.

Q26. Is there anything else you want to say,

Ma’am?

A26. No more.

Q27. Do you understand what you have stated

in this Judicial Affidavit?

A27. Yes.

Q28. Will you sign it voluntarily and freely?

A28. Yes. Thank you, Attorney.

IN WITNESS WHEREOF, I hereunto affix my signature

this ____ day of June, 2021 in ____________, Occidental
Mindoro, Philippines.
 LORNA POBLETE ARELLANO

Affiant
OSCA ID No. 05-239
Issued in Sablayan,
Occidental Mindoro

SUBSCRIBED AND SWORN to before me this ____ day of

June, 2021 in ____________, Occidental Mindoro, Philippines;
affiant personally appeared before me with her competent
proof of identity stated below her name. I further certify that
she fully understood her affidavit and gave her statements
freely and voluntarily.

ATTESTATION

I attest to the fact that I personally supervised the taking

of the testimony of the defendant LORNA POBLETE
ARELLANO, 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

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
 SUBSCRIBED AND SWORN to before me this ____ day of
June, 2021 in ____________________, Occidental Mindoro,
affiant exhibited to me his/her competent proof of identity
stated below his/her name.

Doc No._____
Page No._____
Book No._____
Series of 2021.