Republic of the Philippines)

City of Dipolog. . . . . .)sc.

I, ERDY V. ECHAVEZ, Filipino, of legal age, married, and

a resident of Tiayon, Ipil, Zamboanga Sibugay, a farmer by
profession, after having been duly sworn to an oath in
accordance with law hereby depose and state:

That Atty. Eulogio L. Lagudas, Jr. conducted or

supervised this examination in his private law office situated in
Back Capitol Site, Estaka, Dipolog City;

That I am answering the questions asked of me, fully

conscious that I do this so under oath and that I may face
criminal liability for false testimony or perjury.

QUESTIONS AND ANSWERS

1. Question: What case are you filing in court?

Answer: I am filing a case for Quieting of Title, Recovery
of Possession, and Annulment/Revocation of Title and
other Documents;

2. (Q) Against whom are you filing your complaint?

(A)Against DELGADO URSAIZ, ROMEO VICENTE,
MARIO ALMERANTE TOLEDO, and RODELIO
ESTILLORE;

3. (Q) Where are they residing now?

(A) In Molave, Zamboanga del Sur;

4. (Q) What particular address in Molave?

(A): Corner R. Magsaysay and Zamora Sts., Maloloy-on
(Poblacion), Molave, Zamboanga del Sur;

5. (Q) Whose land are they occupying?

(A)My land;

6. (Q) What is the description of that land?

(A)Lot 7848, with an area of 548 sq. meters;

7. (Q) Why do you say that you owned that land?

A: It is because Original Certificate of Title No.
2021000502 was issued in my name last year;

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8. (Q) Do you have the owner’s duplicate original copy and
the certified true copy of the title you mentioned?
(A)Yes, I have them with me, here they are;

Counsel: We pray to mark the certified true copy of

Original Certificate of Title No. 2021000502 as Exhibit
“A” for the Plaintiff’s evidence, your Honor.

9. (Q) How about the tax declaration of the same lot, do

you have it with you?
(A) Yes I have it. Here it is;

Counsel: We pray to mark this Tax Declaration

bearing TD No. 16-16-0003-00906 as Exhibit “B”
your Honor.

10. (Q) When did you know that the said persons are
occupying your lot?
(A): 10 years ago or more I met DELGADO URSAIZ who
was claiming that he bought my land. But what he
bought was Lot 3688 so I told him that he was
staying in my land which is Lot 7848. I told him
that I owned the property and I just tolerated him to
stay thereat with the caveat that he should not build
a concrete house. 2 years ago, I learned that the
other defendants were also staying in my land;

11. (Q) What did you do upon learning that they are
occupying your land?
(A)Last Jan. 20, 2022, I sent them demand letters to
vacate. Here they are;

Counsel: We pray to mark these documents as

Exhibits “C”, “D”, “E”, and “F”, respectively, your
Honor.

12. (Q): What was their reaction of your letter?

A): They sent a single letter with attachments to my lawyer

dated Feb. 2, 2022 with explanations and reasons from
their side for refusing to vacate. Here is a copy of it;

Counsel: We pray your honor to mark this letter as

Exhibit “G”.

13. (Q)What was the particular reason why they refuse to

vacate?

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 (A) Allegedly they bought their respective portions of their
possession from the previous owners who in turn were
connected with Engr. Osias S. Apat, the registered owner
of Lot 7848 which is covered by another title known as
Transfer Certificate of Title No. T-38,968;

14. (Q) Meaning Lot 7848 is covered by two Certificates of

title?
(A)Yes, and here is a copy of their title in the name of
Engr. Osias S. Apat;

Counsel: We pray to mark the copy of Transfer

Certificate of Title No. T-38,968 as Exhibit “H” your
Honor.

15. (Q) How did you acquire a certificate of title over land?

(A) I filed an application for residential free patent in the

Office of the Community Environment and Natural
Resources in Ramon Magsaysay, Zamboanga del Sur;

16. (Q): Do you have a copy of your application?

A: Yes, here it is;

Counsel: We pray to mark this document dated June 26,

2021 as Exhibit “I” for the plaintiff your Honor.

17. (Q): Considering that what you applied for was a public
land, who was the previous possessor or owner of the
land you applied for a title?
A: My father Romeo Echavez;

18. (Q) Do you have a document to show proof of his

previous possession and ownership?
A: Yes, here is the previous Tax Declaration of Lot 7848
bearing my father’s name;

Counsel: We pray to mark this document as Exhibit “J”

your Honor.

19. (Q) How many children did your father has?

A: 3 including me;

20. (Q) Why did you alone apply for a title over the land of
your father considering that you have other siblings?
A: After the death of our father on Sep. 30, 1983, we,
together with our mother, executed an Extra Judicial
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 Partition with Waiver of Rights involving Lot 7848 on
May 15, 1995. My mother and my siblings waived their
rights over Lot 7848 in my favor;

21. (Q) Do you have a copy of the said document?

A: Yes, here is the copy;

Counsel: We pray to mark this document as Exhibit “K”

your Honor.

22. (Q) Who is paying for the Real Property Taxes over Lot
7848?
A: My father used to pay the Real Property Taxes and I
also paid for them;

23. (Q)Do you have proof of payment of Real Property

Taxes?
A: Yes here they are;

Counsel: We pray to mark these 12 Official Receipts as

Exhibits “L” to “W” for the Plaintiff your Honor.

24. (Q) Aside from the fact that your land had been issued
2 different titles, what other observation have you
discovered?
A: Based on their letter-reply, they alleged that a
portion of Lot 3688-C is now denominated as Lot 7848.
Lot 3688-C is the origin of their lot before it became Lot
7848 which made me wonder because Lot 3688-C is
different from Lot 7848;

25. (Q)What made you say that Lot 3688-C is different from
Lot 7848?
A: I have here a copy of the approved Subdivision Plan
showing Lot 7848. Lot 3688 is only adjacent with Lot
7848 so it cannot be said that Lot 3688-C became Lot
7848. This approved Subdivision Plan became the basis
of the CENRO for the approval of my Residential Free
Patent Application and the consequent issuance of
Original Certificate of Title No. 2021000502 in my
name;

Counsel: We pray to mark this approved subdivision

plan as Exhibit “X” for the Plaintiff your Honor.

26. (Q) What other documents can you show that Lot 3688
is different form Lot 7848?
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 A: I have here a Certification dated July 12, 2021 from
the RTC Branch 23 of Molave, Zamboanga del Sur,
showing that Silvino Maestrado, whom defendants
alleged as the original owner of a vast tract of land (Lot
3688-C) claiming Lot 7848 of my father.

27. (Q) So what are you praying now before this Honorable
Court?
A: I pray that this Honorable Court will remove the
cloud of my title and to determine which is the valid
and lawful title between Original Certificate of Title No.
2021000502 and Transfer Certificate of Title No. T-
38,968 covering Lot 7848 and whether Lot 3688-C is
the same as Lot 7848;

IN WITNESS WHEREOF, I have hereunto affixed by

signature this __________________, in the City of Dipolog,
Philippines.

ERDY V. ECHAVEZ
Affiant
Prof. Driv. Lic. No. J01-95-018512

SUBSCRIBED AND SWORN TO before me this

_________________, affiant showing her competent evidence of
identity as indicated below her name.

ATTESTATION

I HEREBY SWEAR THAT I FAITHFULLY RECORDED OR

CAUSED TO BE RECORDED THE QUESTIONS I ASKED
AND THE CORRESPONDING ANSWERS THAT THE
WITNESS GAVE. NEITHER I NOR ANY OTHER PERSON
THEN PRESENT OR ASSISTING HIM COACHED THE
WITNESS REGARDING THE LATTER’S ANSWER.

_____________, Dipolog City, Philippines.

ATTY. EULOGIO L. LAGUDAS, JR.

IBP ID Roll of Attorneys NO. 56396

SUBSCRIBED AND SWORN TO before me this

________________, attesting counsel showing his competent
evidence of identity as indicated below his name.

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