Republic of the Philippines

Third Judicial Region

MUNICIPAL TRIAL COURT IN CITIES
City of San Jose del Monte, Bulacan
Branch___

RHON PAULO DP. RAÑESES,

Plaintiff,

-versus- Civil Case No. _______

For: Recovery of
Possession

RENALYN T. BELDIA, and any

Person or persons claiming
rights over him,
Defendants.
x---------------------------------------x

JUDICIAL AFFIDAVIT

I, RHON PAULO DP. RAÑESES, of legal age, Filipino

and with postal address at Brgy. Gaya Gaya, CSDM,
Bulacan, after having been duly sworn to in accordance
with law, do hereby depose and state that:

PRELIMINARY STATEMENT

The person examining me is Atty. Antonio D. Andres

Jr. with office address at San Jose St., Brgy. Poblacion I,
CSJDM, Bulacan, where the examination was held. The
questions were propounded in English, a language that I
fully understand and the answers were likewise given by me
in English. I am answering his questions fully conscious
that I do so under oath and may face criminal liability for
false testimony and perjury.

PURPOSE: This affidavit/testimony of the Plaintiff

Rhon Paulo DP. Rañeses is being offered to prove that
Respondents are illegally occupying his property based on
the facts he personally knows and to prove such other
1
matters as may be relevant, material and pertinent to the
case.

QUESTIONS AND ANSWERS

Q1. Please state your personal circumstances.

A1: I am Rhon Paulo DP. Rañeses, Filipino, and with postal
address at Brgy. Gaya Gaya, CSJDM, Bulacan.

Q2: Are you the Petitioner of this case for Recovery of

Possession of Real Property?
A2: Yes.

Q3: Do you know the respondent in this case, Renalyn T.

Beldia?
A3: Yes.

Q4: How do you know her?

A4: She is the present occupant and possessor of the parcel
of land that I own at Lot 1119-A-5, Brgy. Gaya Gaya,
CSJDM, Bulacan.

Q5: How can you prove that the property she occupied and
possessed rightfully belongs to you?
A5: I am the lawful owner as proved by a Transfer
Certificate of Title covering the parcel of land the
Respondent is occupying. Additionally, I have here a copy of
updated Tax Declaration of said property evidencing that
real property taxes are religiously paid.

MANIFESTATION:

Transfer Certificate of Title No. T-040-2010004920 and

Tax Declaration No. 2011-01-0009-15495 and Property
Identification No. 193-01-0009-307-04 are marked as
Exhibits “A” and “B”.

Q6: Is the real property tax of said parcel of land fully paid?
A6: Yes, it is fully paid as evidenced by Tax Official Receipt.

MANIFESTATION:

Tax Official Receipt Number 0963020 is marked as

Exhibit “C”.
Q7: How did the Respondent manage to occupy your
property?
A7: The defendant leased and occupied the said property in
2016 under the express obligation of paying a rent of
Php120.00 a day exclusive of payment of water and electric
bills. She talked to the management of talipapa (flea market)
and constructed a store.

Q8: What happened next?

A8: Respondent did not open up her store during the
pandemic months from March 2020 until June 2020. I was
curious and at the same time wondering why she did not
reopen her store. What puzzled me after was, she did not
talk to me as regards surrendering back my property. I was
even planning to condone her rents for the ECQ months but
respondent still did not approach me.

Q9: What did you realize after?

A9: I came to know through a concerned citizen that she is
already selling my property through online or social media
in the amount of One Hundred Twenty Thousand Pesos
(Php120,000.00). She even managed to offer my property to
her co-tenants for purchase.

MANIFESTATION:

Screenshot of the image of the property with the sign

For Rent is hereto attached as Exhibits “D”.

Q10: What step did you take right after?

A10: I placed a sign FOR RENT in the property to inform the
Respondent that I already know of her plan of selling the
property to other tenants and so I can talk with her about
the matter. However, instead of approaching me, she went
to Barangay Hall and filed a complaint against me for
placing the For Rent sign in my property.

Q11: What happened in Barangay Hall?

A11: Respondent insisted that I should pay her Fifty
Thousand Pesos (Php50,000.00) so she will not pursue her
complaint against me.

Q12: What was your reaction?

A12: I had the same reaction with the Lupon members
thereat, we were shocked and surprised considering that
she is not the lawful owner of the property.
Q13: What happened right after?
A13: I came to discover that while her complaint is pending
with the Barangay Hall of Gaya Gaya, she also filed a
complaint against me in Barangay Tungkong Mangga with
the same issue and relief. She even went to City Mayor’s
Office of CSJDM telling the latter that we have no Lease
Contract and that the talipapa is operating without the
required business permit.

MANIFESTATION:

Copy of Business Permit for the talipapa is hereto

attached as Exhibit “E”.

Q14: What did you do after?

A14: As defendant incessantly kept on posting on social
media about my property she is selling and that she still
refused to vacate my property and pay the rentals, I went to
Barangay Hall of Gaya Gaya and finally filed a complaint
against her.

MANIFESTATION:

Copy of Katunayan Upang Makadulog sa Hukuman is

hereto attached as Exhibit “F”.

Q15: After filing with the Barangay Hall, what was your
next recourse?
A15: I sought the help of a counsel for legal assistance. On
August 6, 2020, a demand letter to vacate was sent to the
respondent via registered mail and on August 11, 2020 via
LBC with tracking number 1269 9583 4732.

MANIFESTATION:

Copies of the Demand Letter, Certification from Phil.

Post Office, and LBC Receipt are hereto attached as
Exhibits “G”, “H” and “I”.

Q16: Is there anything that you might want to add?

A16: Yes. Before filing this complaint, this dispute has
already been referred to the Lupong Tagapamayapa of
Barangay Gaya Gaya but no amicable settlement was
reached. I decided to sue herein Renalyn Beldia for
Unlawful Detainer under Rule 70 of the Rules of Court
because the land and building is unlawfully withheld by
her.

Respondent, who had been unlawfully possessing and

occupying the subject parcel of land, despite due notice and
demand to vacate the same, unjustifiably failed and refused
and continue to fail and refuse to vacate the said premises.
Thus, due to her wanton disregard and deliberate violation
of my right to enjoy the rightful possession of my property, I
suffered and continuously suffering sleepless nights,
serious anxiety and other similar sufferings from which I
should be entitled to recovery of moral damages in such
amount as the Honorable Court, in its wise discretion, may
determine.

This complaint for recovery of possession is filed since the

one (1) year period mentioned in Section 1 of Rule 70 has
already lapsed without herein respondent vacating the
subject property and to date, respondent still refuses to
vacate the said property. Upon a recent visit therein, the
premises is padlocked preventing me from gaining access
and entering my property.

I executed this Judicial Affidavit to attest the

truthfulness of the foregoing. In witness hereof, I hereby
affix my signature this ____ day of ________________.

RHON PAULO DP. RAÑESES

Affiant

SUBSCRIBED AND SWORN TO before me, affiant

exhibiting to me her _________________________.

Doc. No. ______.

Page No. ______.
Book No. ______.
Series of 2022.
 ATTESTATION OF LAWYER

I, ANTONIO D. ANDRES JR., Filipino, with office

address located at San Jose St., Poblacion I, CSJDM,
Bulacan, hereby depose and state that:

1.) I conducted and supervised the examination of

Rhon Paulo DP. Rañeses as Petitioner.

2.) I caused to be recorded the foregoing questions

asked and the corresponding answers given by the
Petitioner.

3.) Neither I nor any other person then present

during the examination coached the said Petitioner
regarding the latter’s answers.

Affiant further sayeth naught.

ANTONIO D. ANDRES JR.

SUBSCRIBED AND SWORN to before me, this ____ day

of ________________, affiant exhibiting to his IBP ID bearing
his Roll of Attorney’s No. 59469.

Doc No. _____;

Page No. ____;
Book No. ____;
Series of 2022.

Copy Furnished:

RENALYN BELDIA
Block 19 Lot 10
Towerville 6D
Brgy. Gaya Gaya, CSJDM
Bulacan
REPUBLIC OF THE PHILIPPINES )
CSJDM, Bulacan ) S.S.

VERIFICATION AND CERTIFICATION OF NON-FORUM

SHOPPING

I, RHON PAULO DP. RAÑESES, of legal age, Filipino

Citizen, and a resident of Fidel St., Brgy. Gaya Gaya,
CSJDM, Bulacan, after having been duly sworn to in
accordance with Philippine law, do hereby depose and state:
THAT--

1. I am the Petitioner in the above case and as such,

I have caused the preparation and filing of the foregoing
Petition for Recovery of Possession;

2. I have read the same and declare that the

contents thereof are true and correct of my own knowledge
and based on official and authentic records;

3. This Petition is filed not to harass, cause

unnecessary delay, or needlessly increase cost of litigation.
Moreover, this Petition contains factual allegations that
have evidentiary support or will likewise have evidentiary
support after reasonable opportunity for discovery;

4. I further certify that I have not commenced any

other action or proceeding involving the same issues in the
Supreme Court, the Court of Appeals or different divisions
thereof, or any other tribunal or agency; to the best of my
knowledge, no such action or proceeding is pending in the
Supreme Court, the Court of Appeals or different divisions
thereof, any other tribunal or agency; and

5. If I should thereafter learn that the same or

similar action or claim has been filed or is pending before
the Supreme Court, the Court of Appeals or different
divisions thereof, or any other tribunal or agency, I shall
report that fact within five (5) calendar days therefrom to
the court wherein the aforesaid complaint or initiatory
pleading has been filed.
 RHON PAULO DP. RAÑESES
Affiant

SUBSCRIBED AND SWORN to before me at ___________,

this ______________ affiant showing his _________________, as
his competent evidence of identity, who is the same person
who personally signed before me the foregoing attested that
he executed the same.

NOTARY PUBLIC

Doc. No. ___;

Page No. ___;
Book No. ___;
Series of 2022.