Republic of the Philippines

ND
2 MUNICIAPL CIRCUIT TRIAL COURT
10TH JUDICIAL REGION
MANOLO FORTICH-LIBONA
Province of Bukidnon

ELVIRA CARIOLE
ESTRELLA, as one of the
heirs of Reena Bagolot
Cabriole, CIVIL CASE NO. 21-561
Plaintiff,
FOR: Recovery of
- versus – Possession and Damages

DOÑA PILAR ELEMENTARY

SCHOOL, KINAWE,
LIBONA, BUKIDNON, and
DEPARTMENT OF
EDUCATION, REGIONAL
OFFICE 10, CAGAYAN DE
ORO CITY,
Defendants.
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JUDICIAL AFFIDAVIT
(OF MR. VICTOR G. REDOBLE, SCHOOL PRIN-
CIPAL OF DOÑA PILAR ELEMENTARY
SCHOOL)

OFFER OF TESTIMONY:

Your Honor, the testimony of witness Principal Victor G.

Redoble is being offered to prove the following:

1. The Doña Pilar Elementary School (DPES) has

been in existence and has been in open, exclusive, continu-
ous, and notorious occupation of the present site since
1950;

2. The DepEd owns the land wherein DPES has been

occupying since 1950;
Estrella vs Dona Pilar Elem. School
Civil Case No.21-561
JUDICIAL AFFIDAVIT
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3. The school site was donated to the Bureau of Pub-

lic Schools by Felix Lavictoria and Anastacia Bayles in a Deed
of Donation dated April 1, 1955;

4. The family of the plaintiff and the family of the

donors recognized the donation, ownership, and possession
of the school in a Compromise Agreement dated September
15, 1977 filed before the Branch VI of the Court of First In-
stance of Bukidnon in Civil Case No. 622 entitled Francisca
L. Vda. De Bagolor, Reena Bagolor de Cabriole, Mario
Bagolor, and Nenita Bagolor de Badal v. Anastacia B. Vda.
De La Victoria, Leo B. La Victoria, Alfredo Baylin, Raymundo
Delarita, and the Barrio of Kinawe represented by the Barrio
Captain Harry Eblacas;

5. That despite earnest efforts, the witness tried and

was unable to secure a clearer copy of the Decision in Civil
Case No. 622 from the Regional Trial Court;

6. The plaintiff is liable for the payment of moral

damages, exemplary damages, and attorney’s fees.

Principal Victor G. Redoble will also identify relevant

documents.

(The direct examination of Principal Victor G. Redoble

shall be conducted through videoconference by State
Solicitor June Abigail S. Dela Cruz, with office address at the
Office of the Solicitor General, 134 Amorsolo St., Legaspi
Village, Makati City.)

(Principal Victor G. Redoble shall answer the questions

asked of him, fully conscious that he does so under oath,
and that he may face criminal liability for false testimony or
perjury.)

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Estrella vs Dona Pilar Elem. School
Civil Case No.21-561
JUDICIAL AFFIDAVIT
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I, Principal Victor G. Redoble, 55 years old, and with

office address at the Doña Pilar Elementary School, Kinawe,
Libona, Bukidnon, after having been duly sworn in
accordance with law, do hereby depose and state:

1. Question: You stated that your current office ad-

dress is at Doña Pilar Elementary School (DPES), Kinawe, Li-
bona, Bukidnon. Is that correct?

Answer: Yes, that is correct.

2. Question: How long have you been connected with

DPES?

Answer: I have been the Principal of DPES for 6

years.

3. Question: Prior to becoming principal, were you con-

nected to DPES in any other capacity?

Answer:

4. Question: What are your duties and functions as the

Principal of DPES?

Answer: As Principal, I am the instructional leader

and administrative manager of the school. I manage
and supervise teachers, protect the school plant and fa-
cilities, and ensure that the teaching and process is de-
livered to the pupils, among other duties. I am also in
charge of the safekeeping of documents pertaining to
the school.

5. Question: How many students are enrolled in

DPES?

Answer: There are 780 learners currently enrolled.

6. Question: How many teachers are there in DPES?

Answer: There are 24 teachers employed in DPES.

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Estrella vs Dona Pilar Elem. School
Civil Case No.21-561
JUDICIAL AFFIDAVIT
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7. Question: How many buildings and classrooms are

currently in the school site?

Answer: There are 12 buildings and 21 classrooms

in the school site.

8. Question: When did DPES start to operate?

Answer: DPES started to operate in 1950.

9. Do you have any document to show that the

school started operating in 1950?

Answer: Is there any school history?

10. Question: Do you know who owns the land where

the school is currently located?

Answer: Yes. The DepEd owns the land because it

was donated to the Bureau of Public Schools by Felix
Lavictoria and Anastacia Bayles in a Deed of Donation
dated April 1, 1955. This was accepted by the Bureau
of Public Schools, represented by Florina Agaag, in the
same document.

11. Question: You mentioned that as Principal you

are in charge of the safekeeping of school documents. What
are these documents you are referring to?

Answer: I am referring to the Deed of Donation,

Compromise Decision, Notice of Assessments, Tax Dec-
larations, and school history.

12. Question: If these documents will be shown to

you, will you be able to recognize them?

Answer: Yes, I can recognize them.

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13. Question: I am showing you a document entitled

Deed of Donation Intervivos dated April 1, 1955 by Felix La
Victoria and Anastacia Bayles. Can you please identify it?

Answer: This is the Deed of Donation I referred to

earlier.

Manifestation: Your Honor, we respectfully request

that this Deed of Donation Intervivos dated April 1,
1955 by Felix La Victoria and Anastacia Bayles be
marked as our Exhibit “1.”

14. Question: The Deed of Donation states that the

donors, Felix La Victoria and Anastacia Bayles, own a parcel
of land situated at Kiliog, Libona, Bukidnon. However, the
DPES is located in Kinawe, Libona, Bukidnon. Why is there a
discrepancy?

Answer: Formerly, Barangay Kinawe is part of

Barangay Kiliog, but sometime in the late 1950s, Ki-
nawe separated from Kiliog and became a separate
Barangay.

15. Question: You mentioned that as Principal, you

are safekeeping a Compromise Decision for the school. What
is this Compromise Decision?

Answer: I am referring to the Compromise Deci-

sion dated September 15, 1977 filed before the Branch
VI of the Court of First Instance of Bukidnon in Civil
Case No. 622 entitled Francisca L. Vda. De Bagolor,
Reena Bagolor de Cabriole, Mario Bagolor, and Nenita
Bagolor de Badal v. Anastacia B. Vda. De La Victoria,
Leo B. La Victoria, Alfredo Baylin, Raymundo Delarita,
and the Barrio of Kinawe represented by the Barrio
Captain Harry Eblacas. In that case, the family of the
plaintiff and the family of the donors recognized the do-
nation, ownership, and possession of the school in a
Compromise Agreement.

16. Question: Why is this Compromise Decision rele-

vant to the school?

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Estrella vs Dona Pilar Elem. School
Civil Case No.21-561
JUDICIAL AFFIDAVIT
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Answer: In the Decision, the Court of First In-

stance approved the Compromise Agreement of the
parties wherein they recognize the ownership and pos-
session of the school. Specifically, it states:

1. That the property claimed by the de-

fendant Anastacia B. Vda. De La Victoriain
the above-entitled case is only two (2)
hectares, one hectare occupied by the Barrio
Elementary School of Kinawe, Libona, Bukid-
non, and the other hectare is presently occu-
pied by the herein defendants, separated by
the Barrio Road and covered by Transfer Cer-
tificate of Title No. T-2169 of the plaintiffs.

2. That ownership and possession of the

Barrio School of Kinawe, Libona, Bukidnon,
presently named as the Doña Pilar Elemen-
tary School with an area of one (1) hectare
mentioned above, is acknowledged and rec-
ognized by the parties …

17. Question: If this document will be shown to you,

will you be able to recognize it?

Answer: Yes, I can recognize it.

18. Question: I am showing you a document entitled

Decision dated September 15, 1977 filed before the Branch
VI of the Court of First Instance of Bukidnon in Civil Case
No. 622. Can you please identify it?

Answer: This is the Compromise Decision I re-

ferred to earlier.

Manifestation: Your Honor, we respectfully request

that this Compromise Decision dated September 15,
1977 filed before the Branch VI of the Court of First In-
stance of Bukidnon in Civil Case No. 622 be marked as
our Exhibit “2.”

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Estrella vs Dona Pilar Elem. School
Civil Case No.21-561
JUDICIAL AFFIDAVIT
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19. Question: It appears that this Decision is very old

and hard to read. Do you have any other copy of this Deci-
sion?

Answer: No, this is the only copy we have in our

possession. Because of this case, I tried to secure a
clearer copy of the Decision in Civil Case No. 622 from
the Regional Trial Court, but I was told that the court
does not have any copy anymore because of the age of
the document. However, I transcribed the contents of
the Decision into another document.

20. Question: If this transcription will be shown to

you, will you be able to recognize it?

Answer: Yes, I can recognize it.

21. Question: I am showing you a transcribed docu-

ment entitled Decision. Can you please identify it?

Answer: This is the transcription of the Compro-

mise Decision I referred to earlier.

Manifestation: Your Honor, we respectfully request

that transcription of the Compromise Decision dated
September 15, 1977 be marked as our Exhibit “3.”

22. Question: You also mentioned that as Principal,

you are safekeeping Notice of Assessments for the school.
What are these Notice of Assessments you referred to?

Answer: I am referring to the following Notices of As-

sessments from the Provincial Assessor’s Office of the
Province of Bukidnon showing that the Department of
Education is the taxpayer for Lot No. 1498 part, Survey
No. Cad 1109, Case 3:
1. NA Count No. 059-202000212 assessed for the
year 2017 for Tax Declaration No. 12-006-05078;
2. NA Count No. 059-202000984 assessed for the
year 2016 for Tax Declaration No. 12-006-05127.

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Estrella vs Dona Pilar Elem. School
Civil Case No.21-561
JUDICIAL AFFIDAVIT
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23. Question: You also mentioned that as Principal,

you are safekeeping Tax Declarations for the school. What
are these Tax Declarations you referred to?

Answer: I am referring to the following Tax Declara-

tions over the property showing that the Department of
Education is the taxpayer for Lot No. 1498 part, Survey
No. Cad 1109, Case 3:
1. Tax Declaration No. 12-006-05078 for year
2017;
2. Tax Declaration No. 12-006-00827 for year
2016;
3. Tax Declaration No. 12-006-05079 for DepEd
(Computer Room) for year 2020;
4. Tax Declaration No. 12-006-00824 for DECS
Teacher’s Cottage for year 2019;
5. Tax Declaration No. 12-006-00823 for DECS
Main Building for year 2019;
6. Tax Declaration No. 12-006-00822 for DECS for
year 2019;
7. Tax Declaration No. 12-006-00821 for DECS
Office Building for year 2019.

24. Question: If these documents will be shown to

you, will you be able to recognize them?

Answer: Yes, I can recognize them.

25. Question: I am showing you the following docu-

ments:
1. Notice of Assessments:
a. NA Count No. 059-202000212 assessed for the
year 2017 for Tax Declaration No. 12-006-05078;
b. NA Count No. 059-202000984 assessed for the
year 2016 for Tax Declaration No. 12-006-05127;

2. Tax Declarations:
a. Tax Declaration No. 12-006-05078 for year
2017;
b. Tax Declaration No. 12-006-00827 for year
2016;
c. Tax Declaration No. 12-006-05079 for DepEd
(Computer Room) for year 2020;

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Civil Case No.21-561
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d. Tax Declaration No. 12-006-00824 for DECS

Teacher’s Cottage for year 2019;
e. Tax Declaration No. 12-006-00823 for DECS
Main Building for year 2019;
f. Tax Declaration No. 12-006-00822 for DECS for
year 2019;
g. Tax Declaration No. 12-006-00821 for DECS Of-
fice Building for year 2019.

Can you please identify these documents?

Answer: These are the Notice of Assessments and Tax

Declarations I was referring to.

Manifestation:
Your Honor, we respectfully request that the fol -
lowing documents be marked as follows:

1. The Notice of Assessment NA Count No. 059-

202000212 assessed for the year 2017 be marked as
our Exhibit “4,” and
2. NA Count No. 059-202000984 assessed for the
year 2016 as our Exhibit “4-A;”
3. Tax Declaration No. 12-006-05078 for year
2017 be marked as our Exhibit “5;”
4. Tax Declaration No. 12-006-00827 for year
2016 as our Exhibit “5-A;”
5. Tax Declaration No. 12-006-05079 for DepEd
(Computer Room) for year 2020 as our Exhibit “5-B;”
6. Tax Declaration No. 12-006-00824 for DECS
Teacher’s Cottage for year 2019 as our Exhibit “5-C;”
7. Tax Declaration No. 12-006-00823 for DECS
Main Building for year 2019 as our Exhibit “5-D;”
8. Tax Declaration No. 12-006-00822 for DECS for
year 2019 as our Exhibit “5-E;”
9. Tax Declaration No. 12-006-00821 for DECS
Office Building for year 2019 as our Exhibit “5-F.”

26. Question: Do you know about the present case in-

stituted by the plaintiff against the school?

Answer: Yes.

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Civil Case No.21-561
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27. Question: How has this case affected the school

and you?

Answer: Because of the institution of this baseless

case against the school, I have been having trouble
sleeping. I am suffering mental anguish as I am wor-
ried for the school and the welfare of its more than 780
students. I believe that the students’ welfare is para-
mount and this case has been causing serious anxiety
to myself, the students, and the people of the
barangay. The school’s reputation has also been be-
smirched by this case, especially during this time of un-
certainty during the pandemic.

28. Question: If you were to put a monetary value to

the damage caused by this case, how much do you think is
necessary to compensate it?

Answer: I think that the plaintiff should be made

to pay P200,000.00 in moral damages to the public de-
fendants. She must also be made to pay for the ex-
penses incurred by the public defendants in hiring the
services of counsel. While the Solicitor General’s office
is the statutory counsel for the public defendants, we
still incur expenses to defend ourselves from this base-
less case.

This Judicial Affidavit is being made to attest to the

truthfulness of the facts contained therein, and to serve as
evidence in favor of public defendants against plaintiff
herein.

Affiant further sayeth naught.

IN WITNESS WHEREOF, I have hereunto affixed my

signature on this 6th day of September, 2021, at Bukidnon.

VICTOR G. REDOBLE
Affiant

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Civil Case No.21-561
JUDICIAL AFFIDAVIT
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SUBSCRIBED AND SWORN to before me on this 6th

day of September, 2021, at Bukidnon, affiant who is
personally known to me, exhibiting to me his valid photo-
bearing government-issued ID No__________.

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

SWORN ATTESTATION

I, JUNE ABIGAIL S. DELA CRUZ, State Solicitor of

the Office of the Solicitor General, after being sworn in ac-
cordance with law, hereby depose and state that:

1. I have faithfully recorded or caused to be recorded

the questions I have asked and the corresponding answers
that the affiant/witness gave; and

2. Neither me nor any other person then present or

assisting me coached the witness regarding the latter’s an-
swers.

JUNE ABIGAIL S. DELA CRUZ

State Solicitor

SUBSCRIBED AND SWORN to before me on this 6th

day of September 2021, at Makati City, affiant who is
personally known to me, exhibiting to me her OSG ID No.
2008-11091 issued by the Office of the Solicitor General.

LILIAN C. ABENOJAR
Senior State Solicitor

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Civil Case No.21-561
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