REPUBLIC OF THE PHILIPPINES

FOURTH JUDICIAL REGION

MUNICIPAL CIRCUIT TRIAL COURT
Taal-San Nicholas, Batangas

Susan Roxas,
Plaintiff,
Civil Case No. 3756
-versus- Unlawful Detainer with
Damages

Spouses Juan and Estella Bernabe,

Defendants.

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JUDICIAL AFFIDAVIT
(Pursuant to SC A.M. No. 12-8-8-SC)

WITNESS
NAME: SUSAN ROXAS
AGE: 40 years old
ADDRESS: No. 45, Brgy. Aplaya, Lemery, Batangas
LEGAL STATUS: Married
OCCUPATION: Business Woman

This Judicial Affidavit of Ms. Susan Roxas is being

offered to prove the material allegations in the complaint for
Unlawful Detainer against the Defendants spouses Juan and
Estella Bernabe to provide additional and/or testimony
regarding the matter of the case at hand, to identify the
documents and other evidence pertinent to the above case.

The examination of the witness was conducted and

supervised by Atty. Arman D. Alipit Jr. at his office at Block
001, Asuncion Building, Bauan, Batangas.
Civil Case No. 3657
Susan Roxas vs. Spouses Juan and Estella Bernabe
Judicial Affidavit of Susan Roxas/Page 2 of 5
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The questions were prompted in English which the
witness understands, while the answers were given by him in
Filipino dialect but corresponding translation thereof is
provided after each question.

1. Q: How are you related to Susan Roxas, the plaintiff in

Civil Case 3657 before the MCTC of Taal-San Nicholas for
Unlawful Detainer with damages against spouses Juan
and Estella Bernabe?

A: I am the same sir.

2. Q: Do you know the defendant spouses Juan and

Estella Bernabe?

A: Yes, sir. The spouses Juan and Estella Bernabe are

the one occupying the 85 square meters portion of the lot
that I bought from spouses Jose and Maria Castillo
described under TCT No. 1234 issued by Registry of
Deeds of Lemery under my name. The Certified true copy
of the said TCT is attached hereof as Exhibit “A”.

3. Q: Can you tell how the defendant spouses Juan and

Estella Bernabe able to occupy the subject property of
this case?

A: Since I bought the subject lot from spouses Jose

and Maria Castillo. The defendant Juan and Estella
Bernabe were already occupying the portion of the
subject lot by mere tolerance of the previous owner
spouses Jose and Maria Castillo which I also tolerated
the same. Attached here is a certified true copy of the
Deed of Sale executed by spouses Castillo in favor to me
on March 14, 2012 as Exhibit “B”.
Civil Case No. 3657
Susan Roxas vs. Spouses Juan and Estella Bernabe
Judicial Affidavit of Susan Roxas/Page 3 of 5
x------------------------------------------------------------------------------------------------------------------x

4. Q: Did you asked the defendant spouses to vacate the

property?

A: Yes, sir. As we agreed upon they will voluntarily

vacate the subject property upon my demand. That I sent
a Demand Letter dated May 20, 2020 to the defendant to
voluntarily vacate the property within five days.

5. Q: What is your proof that you had given a noticed to

vacate on May 20, 2020?

A: A demand letter dated May 20, 2020 was sent to

them to voluntarily vacate the property. Attached here is
the copy of the Demand Letter as Exhibit “C”.

6. Q: What is the action of the defendant spouses on the

Demand Letter that you sent them?

A: None, sir. They ignored it and refused to vacate the

property and continued their possession therein.

7. Q: After the action of the defendant spouses Juan and

Estella Bernabe despite your demand, what action did
you take, if any?

A: I brought the matter to the Lupong Tagapamayapa

of Brgy. Butong, Taal, Batangas.

8. Q: What happened when you brought it to the Lupong

Tagapamayapa?

A: None, sir. No settlement was attained and the

spouses continued their refusal to vacate the property.

9. Q: What happened next?

Civil Case No. 3657
Susan Roxas vs. Spouses Juan and Estella Bernabe
Judicial Affidavit of Susan Roxas/Page 4 of 5
x------------------------------------------------------------------------------------------------------------------x

A: The Lupong Tagapamayapa of Brgy. Butong, Taal,

Batangas issued a Certification to file the case to the
court. Certification to file action is attached here as
Exhibit “D”.

10. Q: In your complaint you are asking for moral

damages, what are your basis for the said damages?

A: The unjustified refusal of the defendant spouses to

vacate the subject property despite repeated demands
upon them that caused me mental anguish, serious
anxieties, and sleepless nights.

11. Q: Do you affirm the truthfulness and veracity of this

judicial affidavit?

A: Yes, sir.

12. Q: Do you answer these questions fully conscious that

you do so under oath and that you may be criminally
held liable for false or perjury?

A: Yes, sir.

IN WINESS WHEREOF, I have hereunto affixed my

signature this 17th day of September 2020 at Bauan,
Batangas.

SUSAN ROXAS
Affiant

SUBSCRIBED AND SWORN to before me this 17th day of

September 2020 at Bauan, Batangas.
Civil Case No. 3657
Susan Roxas vs. Spouses Juan and Estella Bernabe
Judicial Affidavit of Susan Roxas/Page 5 of 5
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ARMAN D. ALIPIT JR
Notary Public for and in the Municipalities of
Bauan, Mabini, and Taal, Batangas
Commission No. 2018-99
Until December 31, 2020
Roll of Attorneys No. 003780
IBP Lifetime No. 0987680/Batangas City
MCLE Compliance No. V-09090878,07-11-17
TIN: 200-100-999

ATTESTATION

I, hereby attest that on this 17 th day of September 2020, I

have personally examined the plaintiff Susan Roxas, to the
effect that:

1. I faithfully recorded or caused to be recorded the

questions that were asked and the corresponding answer that
the witness gave; and

2. That neither I nor any other person then present or

assisting him coached the witness regarding the latter’s
answers.

3. That incase of false attestation, I will be subject to

disciplinary action, including disbarment.

Bauan, Batangas, September 17, 2020.

ATTY. ARMAN D. ALIPIT JR

Affiant

SUBSCRIBED AND SWORN to before me this 17th day of

September 2020 at Taal, Batangas.
 ATTY. DINA MALABO
Notary Public
Municipality of Taal and Lemery Batangas
Commission No. 2019-89
Until December 31, 2021
Roll of Attorneys No. 69696
IBP Lifetime No. 0987680/Batangas City
MCLE Compliance No. V-09090009,09-11-19
TIN: 999-111-111

Doc. No.____
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Series of 2020