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 ESMERALDO GABRIOLA)

I, ESMERALDO 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 he is one of the plaintiffs in this case;

2. That he will testify that he never sold his share on the subject
landholding to Anthony Gabriola;
3. That he will refute and deny the statements made by the
Defendants particularly on the sale of his share as shown in
Exhibit “7” Deed of Sale dated April 20, 1997;
4. That he would identify documents and testify on other
related matters

DIRECT QUESTIONS:

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

circumstances?
A: ESMERALDO C. GABRIOLA, of legal age, Filipino, and a resident
of Brgy. Baybay, Joson De Mata 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. I do not need to sell any property specially
 my share over the subject landholding to Anthony Gabriola not
only because I have no reason but also because I had enough
money at that time.

5. Q: You are saying that you never sold your share to Anthony
Gabriola, then why is there a signature above the name
ESMERALDO GABRIOLA in the Deed of Sale dated April 20, 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. It is a forged signature.

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 his Philippine

OSCA ID No. 7796.

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

ID be marked as Exhibit “AD 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 appeared before Atty. Edgar

Tonolete to sign the Deed of Sale, what have you to say with
statement?
A: This is also totally untrue sir. I and my siblings, Yolanda G.
Accion, Pedro Gabriola, Jr, Robert Gabriola and Leo Gabriola never
went nor appeared before Atty. Edgar Tonolete to sign any
documents particularly Exhibit “7” Deed of Absolute Sale dated
April 20, 1997.

16. Q: You’re saying that you never appeared before Atty. Edgar
Tonolete to sign the Deed of Sale, then why is there a signature
above the name Esmeraldo Gabriola?
A: That signature does not resemble my real signature, sir.

17. What do you mean by what you said?

 A: That signature is forged, sir. It is different from my real signature
as shown in my OSCA ID.

18. Defendants Hrs. of Anthony Gabriola further claimed that your

siblings sold their share over the subject property to Anthony
Gabriola, what have you to say with this statement?
A: That is not true, sir.

19. What is the truth then?

A: My siblings did not sell their share to Anthony Gabriola, sir.

20.If your siblings did not sell their share to Anthony Gabriola, why are
there signatures above their name in the Deed of Sale?
A: Those are forged signatures, sir. Those are not the real
signatures of my siblings.

21. Why did you say that the signatures of your siblings in the Deed of
Sale are forged?
A: Because I am very familiar with their signatures, sir.

22. 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.

23. 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.

ESMERALDO 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.