REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT OF MAMBAJO

NORTHERN MINDANAO JUDICIAL REGION
MUNICIPALITY OF MAMBAJAO
BRANCH NO. _________

ROSE Q. BORJA,
Plaintiff,

-versus- CIVIL CASE NO. 21-7658

FOR: UNLAWFUL DETAINER

Teresa San Juan,

Defendant

x----------------------------------x

JUDICIAL AFFIDAVIT
(Pursuant to SC AM-8-8-SC)

I, Rose Q. Borja, of legal age, Filipino, and residing at Brgy. Bangkal,

Makati City, after having been duly sworn to in accordance with law
in an answer to the question asked by me by Atty. Myra Tismo in her
office at 4th Floor, Net Cube Building, 2113 Highness Ave. cor. Villa
Rosa St., Makati City on August 21, 2020 at 2 PM, full conscious, that
I do so under oath and I may face criminal liability for false testimony
or perjury hereby depose and state;

Q: How are you related to Rose Q. Borja, the plaintiff in the civil case
21-7658- before the Municipal Trial Court of Mambajao for unlawful
detainer against Teresa San Juan?

A: I am the same.

Q: Do you know the defendant Teresa San Juan?

A: Not personally. She is a friend of my mother Gloria Borja.

Q: How did the defendant Teresa San Juan able to occupy your
property?

1
A: Teresa San Juan is a good friend of my mother, Gloria Borja,
whom I entrusted to manage my 420-square meter property located
at Brg. Itum, Municipality, Mambajo, Camiguin. My mother
consented in letting Teresa San Juan occupy the portion of my land
for two months.

Q: Did Teresa San Juan complied with her agreement with Gloria
Borja?

A: No, because she was still occupying the property until now?

Q: How did all of this came to your knowledge?

A: When I was planning to construct my house on the property, Lita,

advised me that Teresa San Juan was occupying a portion of my land.

Q: What did you do after hearing the situation from Lita?

A: I called my mother Gloria Borja to confirm the news and which

she admitted that she consented in letting Teresa San Juan stay in the
property for two months. And that, after the agreed two months,
Teresa San Juan declined to leave the property asserting that she
purchased the portion from an heir of Donata Francisco.

Q: What was your next action after learning the information from
your mother, Gloria Borja?

A: I immediately wrote a demand letter to Teresa San Juan to vacate

the property. I sent multiple demands, the last one was dated May 3,
2020. A photocopy of the demand letters sent are attached as ANNEX
A.

Q: Did Teresa San Juan complied with your demand?

A: No, she refused to vacate the land.

Q: What did you do next?

A: We underwent a Barangay Conciliation proceeding but it was

futile.

2
Q: Do you have any document or proof that you and the defendant
underwent a Barangay Conciliation?

A: A Certification to File Action was issued by me from Barangay

Itum. Herein attached as ANNEX B.

Q: What did you do after that?

A.I filed this action before the Municipal Trial Court of Mambajo for
Unlawful Detainer.

Q: Is your sole prayer on this complaint is for Teresa San Juan to

vacate the property?

A: Yes.

Q: Finally, do you know why you are executing the foregoing sworn
statement in this case?

A: Yes, I am executing this sworn statement to be adapted as my

direct examination in this case to prove my cause/s of action for
unlawful detainer against the defendant in the above entitled case,
and this judicial affidavit be marked as EXHIBIT A.

IN WITNESS WHEREOF, I hereby affix my signature this 21st day of

August 2020, at Makati City, Manila.

ROSE Q. BORJA
AFFIANT

ATTESTATION

I hereby attest that on this 21ST day of August 2020, I have personally
examined the plaintiff, ROSE Q. BORJA; and that I have faithfully
recorded or caused to be recorded the questions asked and the
corresponding answers made thereto by her. I further attest that I nor
any other person herein present, or assisting me, never coached
ROSE Q. BORJA regarding her answers.

3
Makati City for City of Manila, August 21, 2020

ATTY. MYRA G. TISMO

Counsel for the Plaintiff
4th Floor, Net Cube Building,
2113 Highness Ave., Makati City
IBP No. 575848/01-13-2003
Manila PTR No.7012006/01-05-2004
Makati City Roll No. 25378

SUBSCRIBED AND SWORN TO before me in Makati City, this 21 st

day of August 2020 by the named affiant and her counsel, who has
satisfactorily proven to me their identity through affiant’s PRC ID,
number: 12-1845 and expiry date 10-25-2030 and the counsel’s IBP
No 575848, to be the same person who presented and personally
signed before me this judicial affidavit and attested that the contents
thereof are true and correct; and that they voluntarily executed the
same.

ATTY. CHARISSE LOUIE L. AMOSCO

NOTARY PUBLIC

A.M. NO./COMM. NO. 13456777

Date and Place Issued: 11-25-2004
Roll of Attorney Number: 24378
IBP No. date and place issued: 123456/01-04-2015/Makati
PTR No. date and place issued:123456/01-04-2015/Makati
MCLE Comp/Exemp No: 76637
Date issued and validity: 01-25-2016 / 12-31-2021
Office Address: Makati City; Tel No: 332-3423-6765
Fax No: 332-3423-6765; email add: attylouie@yahoo.com

Doc. No. 523;

Page No. 476;
Book No. 4;
SERIES OF 2020