Republic of the Philippines

National Capital Judicial Region

Municipal Trial Court
Muntinlupa City, Branch ___

Mr. Peter H. Marcelo

Plaintiff, Civil Case No. _______
FOR: Unlawful Detainer
-versus-

Mr. Joe Andes,

Defendant.
x------------------------------------------------x

JUDICIAL AFFIDAVIT OF MARK SAN JOSE

I, MARK SAN JOSE, of legal age, married, Filipino, and with residence at (complete
address) Katarungan Village, Muntinlupa City, witness, after having been duly sown (sworn) in
accordance with the law, hereby depose:

That Atty. Cresel Abitria of ADRPS Law Firm with an office address at 21st Floor, Y
Building, Alabang, Muntinlupa City, is the counsel who conducted and supervised my
examination as a witness at her office at the same address;

That I am answering the questions herein fully conscious that I do so under oath and that
I may be criminally liable for false testimony or perjury;

PURPOSE: This affidavit/testimony of witness, MARK SAN JOSE, is being offered to prove
that (subject missing) assisted the plaintiff in acting in his official capacity as a barangay tanod
and that the defendant despite his request for the defendant to leave the property, defendant
continued with the destruction of the fence and constructed his own structure and signage as
(“that says” instead of “as”) “No Trespassing. Private Property of Joe Andes. Violators will be
prosecuted.” (the word defendant was used too many times)

Q1: Do you swear to tell the truth and nothing but the truth?
A1: Yes Maam. (Yes, Ma’am.)

Q2: Please state your name and other personal circumstances for the record.
A2: I am Mark San Jose, 30 years of age, married(,) and resident of Katarungan (V)village. I am
the responding barangay tanod when plaintiff, Peter Marcelo requested assistance.

Q3. When did Peter Marcelo request assistance from the Barangay?
A3: Peter requested assistance at(on) the evening of June 20, 2022.

Q4: What did Peter Marcelo report to you?

A4: He reported (to me) that a certain person named Joe Andes trespassed and destroyed a
segment of his property. He also reported that there was a form of threat from the Joe Andes.
(revise last sentence to “He also reported to me that Joe Andes threatened him”)

Q5: Did you verify whether Peter is indeed the owner of the property he claims he has ownership
with(of instead of with)?
A5: Yes, we (I) asked for proof of ownership wherein he presented his copy of the transfer
certificate of title.

Q6: Did you personally go to the property after his report?

A6: Yes, as part of our procedure, we should do(conduct) an ocular inspection to verify the
report.

Q7: When you went to the property of Peter Marcelo what did you see?
A7: I saw Joe Andes near the destroyed fence of the property where he puts (put in the past form,
not puts) up a signage.

Q8: What were written in the signage?

A8: No Tresspasing(wrong spelling). Private Property of Joe Andes. Violators will be
prosecuted.

Q9: Did you approach Joe Andes when you did your ocular inspection?
A9: Yes.

Q10: What did you say to him?

A10: I asked Joe Andes to leave the property and had this settled in the Barangay Office but the
(remove “the”)Joe Andes refused to do so.

Q11: Did you ask him again despite his refusal?

A11: Yes, we(I) asked him several and countless time(s),(.) (As)as a matter of fact(,) our
inspection team was in the (subject)concerned property for 2 hours for the sake of asking him to
settle this issue in the barangay.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 1st day of July 2022
at Muntinlupa City, Philippines.

Mark San Jose

Affiant

SUBSCRIBED AND SWORN to before me this July 1, 2022, at Muntinlupa City, affiant
exhibiting to me as competent evidence of identity her Passport No. P1234560, issued on 16
November 2018 issued by the Department of Foreign of Affairs, Manila.
 Doc. No. _____; Atty. John B. Magtibay
Page No. _____; Notary Public – Muntinlupa
Book No. _____; Appt. No. M-079 until December 31, 2023
Series of 2022. Roll of Attorneys No. 65213
IBP No. 86431
Notarial DST pursuant to PTR No. 8756975MJ
Sec. 188 of the Tax Code
affixed on Notary Public’s copy. MCLE Compliance No. VII – 0024789 - 06/02/2022
 ATTESTATION OF LEGAL COUNSEL

I, Cresel Abitria, with office address at 21st Floor, Y Building, Alabang, Muntinlupa
City, attest under oath as follows:

1. That I have faithfully recorded or caused to be recorded the questions I asked and
the corresponding answers that witness, Mark San Jose (gave);

2. That I have not, nor any other person present or assisting (me)coached the witness
regarding the witness’ answers; and

3. That I fully understand that any false attestation shall subject me to disciplinary
action, including disbarment.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 1st day of July
2022 at Muntinlupa City, Philippines.

(may signature ka dapat dito?)

SUBSCRIBED AND SWORN to before me this July 1, 2022, at Muntinlupa City, affiant
exhibiting to me as competent evidence of identity her Passport No. P1234560, issued on 16
November 2018 issued by the Department of Foreign of Affairs, Manila.

Doc. No. _____; Atty. John B. Magtibay

Page No. _____; Notary Public – Muntinlupa
Book No. _____; Appt. No. M-079 until December 31, 2023
Series of 2022. Roll of Attorneys No. 65213
IBP No. 86431
Notarial DST pursuant to PTR No. 8756975MJ
Sec. 188 of the Tax Code
affixed on Notary Public’s copy. MCLE Compliance No. VII – 0024789 - 06/02/2022