Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES (MTCC)

Branch ________
_________ City

SPOUSES AAA AND BBB,

Plaintiffs,
CIVIL CASE NO. ______________
FOR: UNLAWFUL DETAINER,
RENTALS, ATTORNEY’S FEES.
-versus-

CCC, DDD, EEE, FFF

AND GGG.
Defendants.
x---------------------------------------/

SAMPLE JOINT JUDICIAL AFFIDAVIT OF

SPOUSES HHH AND III
We, SPOUSES HHH AND III, both Filipino citizens, of legal age,
married, and residents of ______________________________________,
after having been sworn to in accordance with law, do hereby depose and state
that we are answering the following questions asked of us by Atty.
______________________ at his office address at ____________________,
fully conscious that we do so under oath, and that we may face criminal
liability for false testimony or perjury if proven to be false:

1. Q: Can you please state your name, age, civil status, and occupation?

A: We are spouses HHH and III, ______ years old, married, and
__________________.

2. Q: As a preliminary question, what are your purposes, if any, why

you execute this Joint Judicial-Affidavit?

A: The purposes why we execute this Joint Judicial Affidavit are:

(a) to testify and prove as to the truth and veracity of and to fully
substantiate the allegations as embodied in the instant complaint for
unlawful detainer/ejectment with claim for rentals, and attorney’s
fees against herein defendants; (b) to testify and prove that the Deed
of Absolute Sale, dated February 8, 2015, in relation to the sale of
our house and lot situated at ___________________, more
particularly described as follows: ___________________...in favor
of said plaintiffs is valid and binding; (c) to testify and prove that
plaintiffs herein are the lawful possessors of the subject properties;
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Sample Joint Judicial Affidavit of HHH and III
 (d) to testify and prove that prior to the demand to vacate received
by defendants, they occupied the subject properties by mere
tolerance; (e) to testify on and prove other relevant matters; and (f)
to identify certain documents in support thereof and in connection
with this case.

3. Q: What is your proof that you sold the subject properties to

plaintiffs?

A: We are presenting to you the attached Deed of Absolute Sale,

dated February 8, 2015, marked as EXHIBIT “A”, which we duly
executed in favor of plaintiffs.

4. Q: Before signing the same Deed of Absolute Sale, what did you do,
if any?

A: We had thoroughly read, reviewed, and understood all the

contents of said Deed of Absolute Sale, causing us to voluntarily
sign and execute it thereafter, as it expressed our true intent to sell
to plaintiffs the subject properties. In other words, our execution
thereof was purely out of our own volition, without compulsion,
coercion, threat or intimidation.

5. Q: How much was the price of such sale?

A: __________________ (indicate the price).

6. Q: What happened next, if any?

A: Plaintiffs paid us the price of sale, and in exchange thereof, we

gave them an original copy of the above Deed of Absolute Sale
which we already signed.

7. Q: What is/are your proof/s that indeed plaintiffs paid said price?

A: These are the proofs of payment of the above price by said

plaintiffs to us: (1) The above Deed of Absolute Sale itself; and (2)
the Acknowledgment Receipt, also dated February 8, 2015, which
we duly executed, which we hereby attached herewith, made an
integral part hereof, and marked as EXHIBIT “B”.

8. Q: Why did you sell the subject properties to plaintiffs?

A: Because we have been in dire need of money for our medical

treatments and needs, especially for our maintenance medicines,
taking into account our old age.

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Sample Joint Judicial Affidavit of HHH and III
9. Q: After you had received the price of the sale from plaintiffs, what
happened next, if any?

A: Subsequently, we paid the capital gains tax and documentary

stamp tax in connection with such sale, per Bank Deposit/Payment
Slip, Capital Gains Tax Return, Bank BTR-BIR Payment Slip, and
Documentary Stamp Tax Declaration/Return (BIR Form No. 2000-
OT), copies thereof have been attached as EXHIBITS “C”, “D”,
“E” and “F” hereof, respectively.

10. Q: After paying those taxes, what transpired next, if any?

A: BIR issued us a Certificate Authorizing Registration (CAR)

which has also been attached herewith as EXHIBIT “G”.

11. Q: What else, if any?

A: Thereafter, the Registry of Deeds of _______ issued Transfer

Certificate of Title (TCT) No. _____________ over the subject
parcel of land now under the name of plaintiffs which has been
attached herewith as EXHIBIT “H”. Moreover, the Assessor’s
Office of _________ issued Tax Declaration No.
________________ for the subject house, a copy thereof has been
attached herewith as EXHIBIT “I”; and Tax Declaration No.
_________________ for the subject parcel of land, a copy thereof
has been attached herewith as EXHIBIT “J”, both also under the
name of plaintiffs.

12. Q: After the issuance by the Registry of Deeds of plaintiffs’ TCT,

what happened next, if any?

A: As requested, we accompanied plaintiffs in personally sending

their letter of demand to vacate addressed to defendants for them to
vacate the subject properties within fifteen (15) days from their
receipt thereof, since they were just occupying the subject properties
by mere tolerance prior to such demand.

13. Q: When was that?

A: On May 8, 2015.

14. Q: What did defendants do, if any, when plaintiffs sent them their
letter of demand to vacate?

A: Defendants personally received said letter of demand to vacate

from plaintiffs.

15. Q: When?
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Sample Joint Judicial Affidavit of HHH and III
 A: Also on May 8, 2015.

16. Q: After the lapse of the 15-day period for defendants to vacate the
subject premises, what happened, if any?

A: Defendants refused and failed to vacate the subject properties.

17. Q: How did you know?

A: We know because we are residing just beside the subject

properties.

18. Q: After defendants failed to heed the demand to vacate, what did
plaintiffs do, if any?

A: On July 3, 2015, plaintiffs filed a complaint for unlawful

detainer/ejectment against defendants at the Lupong Tagapamayapa
of Barangay ___________, in _______ City.

19. Q: How did you know?

A: Plaintiffs asked us to accompany them in filing said complaint.

So we did.

20. Q: What happened, if any, to such complaint?

A: During the barangay conciliation/mediation proceedings

conducted relative to such complaint, parties concerned failed to
reach an amicable settlement. Thus, as an outcome thereof, said
barangay properly issued a Certification to File Action, dated
August 20, 2015, which has been attached as EXHIBIT “K” hereof,
causing plaintiffs to file the instant complaint before this Honorable
Court.

21. Q: How did you know?

A: Plaintiffs again asked us to accompany them in the barangay

conciliation/mediation so that we can prove and authenticate the
existence and due execution of the above sale if ever the validity of
the above sale would be questioned. So we also did.

22. Q: Did anyone coach you in answering all the above questions
propounded by Atty. ___________________?

A: No.

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Sample Joint Judicial Affidavit of HHH and III
 23. Q: Do you confirm and affirm as to the truth and veracity of all your
answers in this Joint Judicial Affidavit?

A: Yes, Attorney.

IN WITNESS WHEREOF, we have hereunto voluntarily affixed our

signatures on ________________, in __________________.

HHH
Affiant
Valid ID No. __________

III
Affiant
Valid ID No. ___________

SUBSCRIBED AND SWORN TO before me on ________________,

in _________________, above affiants, who are personally known to me,
have exhibited to me their valid IDs as indicated above as competent proof of
their respective identities. I hereby certify that I have personally examined the
above affiants and I am satisfied that they have thoroughly read and
understood their Joint Judicial Affidavit; and that they have freely and
voluntarily executed it.

Doc. No. ______;

Page No. ______;
Book No.______;
Series of ______.

Page 5 of 7
Sample Joint Judicial Affidavit of HHH and III
 SWORN ATTESTATION
I, ATTY. ________________________, Filipino citizen, of legal age,
married, and with office address at ________________________________,
after having been sworn to in accordance with law, do hereby depose and state
that:

1. I have faithfully recorded the foregoing questions I asked of the

witnesses HHH and III, and their corresponding answers that they
voluntarily gave above;

2. Neither I nor any person then present coached the above witnesses
regarding the latter’s answers;

3. I am executing this Sworn Attestation in order to attest to the truth

and veracity of the foregoing statements, in faithful compliance to
Section 4 of A.M. No. 12-8-8-SC, otherwise known as the Judicial
Affidavit Rule.

IN WITNESS WHEREOF, I have hereunto voluntarily affixed my

signature on ________________, in ____________.

ATTY. ________________________
Affiant
Valid ID No. _____________

SUBSCRIBED AND SWORN TO before me on _______________, in

__________________, Affiant, Atty. _______________________, who is
personally known to me, has exhibited to me his valid ID, as indicated above
as competent proof of his identity. I hereby certify that I have personally
examined the above Affiant; and I am satisfied that he has thoroughly read
and understood his Sworn Attestation; and that he has freely and voluntarily
executed it.

Doc. No.______;
Page No.______;
Book No.______;
Series of ______.

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Sample Joint Judicial Affidavit of HHH and III
Copy furnished:

ATTY. ________________
Counsel for Defendants
Address: _______________

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Sample Joint Judicial Affidavit of HHH and III