Republic of the Philippines

Supreme Court
Eight Judicial Region
MUNICIPAL TRIAL COURT
Carigara, Leyte

YOLANDA C. GABRIOLA-ACCION,
ELVIRA C. GABRIOLA-GUIRINDOLA, Case No. M-CAR-2017-007-CV
BLANDINA C. GABRIOLA-RAGA,
PEDRO C. GABRIOLA, JR., FOR:
ARMANDO C. GABRIOLA,
ROBERT C. GABRIOLA, GILDA C. JUDICIAL PARTITION
GABRIOLA-RAMOS, and LEO C.
GABRIOLA,
Plaintiffs,

-versus-

HEIRS OF ANTHONY C. GABRIOLA,

Namely FANNY GABRIOLA, MARK
GABRIOLA, MICHELLE GABRIOLA,
NIKKI GABRIOLA, and NIKKO
GABRIOLA,
Defendants,
x- - - - - - - - - - - - - - - - - - - - - - - - - -x

JUDICIAL AFFIDAVIT
(rebuttal witness BLANDINA C. GABRIOLA)

I, BLANDINA C. GABRIOLA, of legal age, Filipino, and a resident of

Brgy. Baybay, Joson Dimata Street, Carigara, Leyte, after having been
duly sworn to in accordance with law, hereby depose and say:

PRELIMINARY STATEMENT

That in accordance with A.M. No. 12-8-8-SC, which prescribes the

use of judicial affidavits to serve as the direct examination testimony of a
witness, on the basis of which the adverse party may conduct his cross-
examination on such a witness, I hereby execute this judicial affidavit in a
question and answer format;
 That conformably with Section 3(b) of the said A.M. No. 12-8-8-SC, I
also state that it was Atty. ALUINO O. ALA, of Rebolledo St., Sawang,
Carigara, Leyte, who conducted the examination of the undersigned
affiant;

That conformably also with Section 3(c) thereof, I hereby state

under pain of perjury that in answering the questions asked of me as
appearing herein below, I was fully conscious that I did so under oath,
and that I may face criminal liability for false testimony or perjury;

OFFER OF TESTIMONY

The testimony of the witness is being offered in evidence to prove

the following:

1. That she is one of the plaintiffs in this case;

2. That she will testify that he never sold his share on the
subject landholding to Anthony Gabriola;
3. That she will refute and deny the statements made by the
Defendants that she sold her share and she is authorized to
sell the share of Yolanda G. Accion on Exhibit “9” and Exhibit
“10”;
4. That she would identify documents and testify on other
related matters

DIRECT QUESTIONS:

1. Q: Please state your name, age, address and other personal

circumstances?
A: BLANDINA C. GABRIOLA, of legal age, Filipino, and a resident of
Brgy. Baybay, Joson Dimata Street, Carigara, Leyte, sir.

2. Q: Are you familiar with a parcel of land identified as Cadastral Lot

No. 11237 located at Brgy. Baybay, Carigara, Leyte?
A: Yes, sir.

3. Q: Why are you familiar with this land identified as Lot No. 11237?
A: I am familiar with this parcel land because it is owned by our
parents, sir.

4. Q: Defendants Hrs. of Anthony Gabriola claimed that you sold your

share over the subject landholding to their father Anthony
Gabriola, what can you to say with this claim?
 A: This is totally untrue, sir. I never sold my share to my brother
Anthony Gabriola, sir.

5. Q: You are saying that you never sold your share to Anthony
Gabriola, then why is there a signature above the name BLANDINA
GABRIOLA in the Deed of Sale dated April 2, 1997?
A: That is not my signature, sir.

6. What do you mean by that?

A: I do not recall signing any Deed of Sale and that signature does
not purport to be my true signature, sir.

7. Do you have proof to that claim?

A: Yes, sir. I have here with me my Office of Senior Citizen Affairs
(OSCA) ID containing my real signature. It is different from my
allege signature in the Deed of Sale.

ATTY. ALA : Witness is presenting to me copy of her Philippine

OSCA ID No. 6628.

MANIFESTATION : We would like to request that copy of her OSCA

ID be marked as Exhibit “Z on rebuttal.”

8. Defendants Hrs. of Anthony Gabriola also claimed that Patrocinia

C. Gabriola sold her share over the subject landholding to Anthony
Gabriola, what can you say about claim?
A: That is not true, sir.

9. What is the truth then?

A: My mother did not sell her share to Anthony Gabriola, sir.

10. Do you have proof of such fact?

A: Yes, sir. I have with me the Affidavit of Patrocinia C. Gabriola
dated November 7, 2008 saying that she never sold, conveyed,
assigned or transferred any or whatever rights she have not only
over the one-half portion of the lot where the concrete house of
her son is situated, but over the whole lot in issue.

ATTY. ALA : Witness is presenting to me a copy of the Affidavit of

Patrocinia C. Gabriola dated November 7, 2008.

MANIFESTATION : We would like to request that the copy of the

Affidavit be marked as Exhibit “U on rebuttal.”
 11. If Patrocinia C. Gabriola did not sell her share to Anthony Gabriola,
why is there a signature above her name in the Deed of Sale dated
June 23, 1997 before Notary Public Atty. Edgar J. Tonolete?
A: That is not the real signature of Patrocinia C. Gabriola, sir.

12. Why did you say that that is not the real signature of Patrocinia C.
Gabriola?
A: Because I am familiar with her signature, sir.

13. Do you have proof of such fact?

A: Yes, sir. I have with me the Office of Senior Citizen Affairs
(OSCA) ID.

ATTY. ALA : Witness is presenting to me the copy of OSCA ID No.

681496 of Patrocinia C. Gabriola.

MANIFESTATION: We would like to request that the copy of the

OSCA ID be marked as Exhibit “V on rebuttal.”

14. What else?

A: I have here also the Complaint for this case dated November 17,
2017 notarized before Atty. Aluino O. Ala.

ATTY. ALA : Witness is presenting to me the copy of the Complaint

dated November 17, 2017.

MANIFESTATION : We would like to request that the copy of

Complaint be marked as Exhibit “W on rebuttal.”

15. Q: Defendants claimed that you went to Isabel, Leyte to execute

and sign a written Certification dated July 24, 1999 where you
certified that you received an amount of Ten Thousand Pesos
(Php10,000.00) representing full payment of your share over the
lot owned by Patrocinia C. Gabriola from Anthony Gabriola, what
you to say with this statement?
A: That is not true, sir.

16. What is the truth then?

A: I never went to Isabel, Leyte, sir. I went to their home in Brgy.
Baybay, Carigara, Leyte instead just to borrow Ten Thousand Pesos
(Php10,000.00) to be used for the repair of our house, sir.

17. What happened next, after you went to the house of Anthony
Gabriola in Brgy. Baybay, Carigara, Leyte, if any?
 A: Anthony Gabriola was able to lend me Ten Thousand Pesos
(Php10,000.00).

18. What else?

A: As proof that I borrowed money, Anthony Gabriola let me sign a
document prepared by them to that effect, sir.

19. What is this document that you sign as a proof that you borrowed
money from Anthony Gabriola?
A: It is a Certification written in a Philamlife Calendar, sir.

20.Did you read the Certification prepared by Anthony Gabriola before

you signed it?
A: No, sir.

21. When you said no, what do you mean by that?

A: I did not bother read the document because I was confident
that my brother will not do me falsehood. I was also in a hurry as I
badly need the money.

22. How do you feel now that the written Certification you signed
states that you sold your share over the subject property to
Anthony Gabriola?
A: I was sad and felt betrayed, sir. I could not imagine that my own
brother will betray me.

23.Q: Defendants also claimed that you went to Isabel, Leyte to

execute and sign the written Certification dated July 4, 1999 that
you received cash from Anthony Gabriola amounting to Ten
Thousand Pesos (Php10,000.00) as full amount representing the
share of Mrs. Yolanda G. Accion, what have you to say with this
statement?
A: That is not true, sir.

24.What is the truth then?

A: I never received any amount from Anthony Gabriola as payment
for the share of Yolanda G. Accion as I was never authorized to
receive payment, sir.

25.Q: Defendants also claimed that on the same written Certification,

you also certify that you were given the full authority to receive
payment thru a note given by Mrs. Yolanda G. Accion dated July 18,
1999, what have you to say with this statement?
A: That is not true, sir.
 26.What is the truth then?
A: Yolanda G. Accion never gave me any authority to sell her share
over the subject property and to receive on her behalf any amount
representing as payment thereof.

27. Q: After narrating to the Honorable Court these facts, will you
please tell it whether you affirm and confirm the veracity and
truthfulness of these statements?
A: Yes, sir. I do confirm and affirm the veracity and truthfulness of
my statements.

28. Q: Do you wish to add some more to these statements?

A: I have none for the moment, Sir.

IN WITNESS WHEREOF, I have hereunto set my hand on this __ day

of September 2022 at Carigara, Leyte.

BLANDINA C. GABRIOLA
Affiant
ID No. ______________________
Issued at ____________________
Issued at ____________________

SUBSCRIBED AND SWORN to before me on this __ day of

September 2022 at Carigara, Leyte, with the affiant exhibiting to me his
proof of identity as indicated above.

ATTESTATION CLAUSE

I, ALUINO O. ALA, with Law office at 469 Rebolledo St., Sawang,

Carigara, Leyte, on my oath as a Lawyer, hereby attest to the following:
(1) That I have faithfully recorded or caused to be recorded the questions
I asked and the corresponding answers that the witness gave; and (2)
that neither I or any other person then present coached the witness
regarding the latter's answers.
 Carigara, Leyte, September _____, 2022.

ALUINO O. ALA

SUBSCRIBED AND SWORN to before me this _____ day of

September 2022 in Carigara, Leyte.