Republic of the Philippines

REGIONAL TRIAL COURT

9th Judicial Region
Branch ____, Zamboanga City

Heirs of DOMINGA EBOL, namely: Civil Case No. ______

CONCESA S. DIOQUINO, JUANITA
S. ALVAREZ, FELICITAS S. - for -
FELICIANO, CATALINO S.
SANTIAGO, and ANTONIA S. Reconveyance, Annulment
ENRIQUEZ, herein represented by of Sale and Issuance of Title
JULIETA M. ALVAREZ, thereby, with Damages
- Complainants,

- versus –

HAROLD MIGUEL IAN ROJO

CANIZARES,
- Defendant.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x

JOINT JUDICIAL AFFIDAVIT

JULIETA M. ALVAREZ

COME NOW Complainants’ Attorney-in-Fact, through counsel,

most respectfully submits her Judicial Affidavit that embodies her direct
examination.

This examination was conducted by ATTY. YASSER HAKIM on

October __, 2022, at E-39 Plaza del Pilar, Sta. Barbara, Zamboanga City,
upon herein attorney-in-fact of Complainants, JULIETA M. ALVAREZ,
who testified in English, which is a language she understands.

QUESTION 1: Do you swear to tell the truth, the whole truth and nothing
but the truth to narrate all the relevant facts and circumstances which,
by personal knowledge, you believe are material in your Complaint
against HAROLD MIGUEL IAN ROJO CANIZARES?
ANSWER 1: Yes Sir, I swear.

Q2: Can you please state the names, ages, address/es and other pertinent
circumstances of the principal complainant/s against HAROLD
MIGUEL IAN ROJO CANIZARES?
A2: Principal complainants are Concesa S. Dioquino, Juanita S. Alvarez,
Felicitas S. Feliciano, Catalino E. Santiago and Antonia S. Enriquez
as they are the legal surviving heirs of DOMINGA EBOL who was
married to Eusebio Santiago. They are all of legal age, Filipino
citizens and residents of Zamboanga City.

Q3: Then, as I may ask, why are you now before me to execute your
affidavit?
A3: I am here before you as an authorized representative of complainants
to convey the relative facts and circumstances constituting their
complaint, as I too had confirmed the veracity thereof prior to this
examination.

Q4: Do you have proof of your authority granted by said complainants?

What would it be, if any?
A4: I shall now hand to you the Special Power of Attorney executed by the
Complainants, naming and constituting me as their attorney-in-fact in
the filing of complaint and in the ensuing trial. (Hands over the
Special Power of Attorney.)

Q-5: As attorney-in-fact, will you please state your name, age, address and
other pertinent circumstance?
A-5: My name is Julieta M. Alvarez, of legal age, married, and a resident of
Zamboanga City.

Q-6: Against whom will the case be filed, and can you please state the
name, age, address and other pertinent circumstance of said
Defendant/s?
A-6: Sir, our lone defendant is HAROLD MIGUEL IAN ROJO CANIZARES,
of legal age, single, Filipino citizen, and residing at Lola Dora delas
Peñas Compound, Barangay Canelar, Zamboanga City.

Q-7: What case or cases do you intend to file against HAROLD MIGUEL
IAN ROJO CANIZARES, and can you briefly state your issue or
issues against him?
A-7: We are suing him for Reconveyance, Annulment of Sale, and Issuance
of Title with Damages involving that certain paraphernal property
previously registered in the name of DOMINGA EBOL who is the
mother of our principal complainants, but a registered title was
deceptively or fraudulently procured by Defendant over a portion
thereof through a purported sale.

Q-8: Can you please briefly describe to me both the property before
subdivision and that portion thereof which had been titled separately
to Defendant, as the subjects of your complaint?

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A-8: Subject property before division was a parcel of land with an area of
SIX HUNDRED (600) square meters, more or less, designated as Lot
132-A-8 at Barangay Mercedes, Zamboanga City, and Transfer
Certificate of Title No. 129-2019004654 was issued by Registry of
Deeds, Zambanga City, which thereafter was allegedly subdivided by
Defendant to acquire separate title on a portion thereof with an area
of TWO HUNDRED (200) SQUARE METERS to be identified as Lot
132-A-8-A, now registered as Transfer Certificate of Title No. 129-
2022002718 in his name. Coetaneously, ownership over the
remaining portion of FOUR HUNDRED (400) SQUARE METERS is
retained by DOMINGA EBOL under Transfer Certificate of Title No.
129-2022002719.

Q-9: Do you have credible and material proof of those titles?

A-9: Yes Sir, I hand to you now copies of both Transfer Certificate of Title
No. 129-2019004654 registered in the name of HAROLD MIGUEL
IAN ROJO CANIZARES, and Transfer Certificate of Title No. 129-
2022002719 registered in the name of DOMINGA EBOL, procured
from the Registry of Deeds. (Hands over herein-described land titles.)

Q-10: Earlier, you contended that Defendant acquired the described

property now registered in his name through a purported sale. Is that a
mere belief or were you able to procure any credible and material
evidence to prove such transaction?
A-10: Sir, we were able to secure a copy from the Registry of Deeds of such
Deed of Absolute Sale executed on April 21, 2021, describing the
purported sale between DOMINGA EBOL as vendor and HAROLD
MIGUEL IAN ROJO CANIZARES as vendee. (Hands over a copy of
said Deed of Absolute Sale.)

Q-11: (Looking at the copy of Deed of Sale) Ma’am, it appears as a valid

consummated sale.
A-11: Apparently; but certainly not, Sir.

Q-12: If I may ask, what is the infirmity in this document to indicate

improbability of sale?
A-12: Sir, DOMINGA EBOL died almost thirty (30) years before the
alleged sale on April 21, 2021, as shown in that Deed of Absolute
Sale.

Q-13: Do you have credible and material proof of her demise?

A-13: Sir, the death of DOMINGA EBOL was officially registered, as
evidenced by a copy of her Death Certificate with Registry No. 2016-
66, proving that she died on June 10, 1981. (Hands over the death
certificate.)

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Q-14: Are those your basic premise to file cases against Defendant, or are
there more, and what is the essential issue that you would like the
court to believe?
A-14: Basically yes, because our narrated facts can prove that HAROLD
MIGUEL IAN ROJO CANIZARES was not, and can never be, the
legal and rightful owner of that subdivided parcel of land already
identified as Lot 132-A-8-A because the sale thereof to him is false,
and therefore, his subsequent acquisition of title thereon was clearly
fraudulent.

Q-15: At this point, I have no further question necessary to elicit any other
information from you, unless you have anything else relevant to say
for the pursuit of this case. So, is there anything you want to add to
your previous statements?
A-15: Sir, I have none.

Q-10: You earlier took an oath to tell the truth, the whole truth, and nothing
but the truth. What is your understanding of your giving your answers
to the questions asked of you, as reflected in this judicial affidavit?
A-10: I am fully conscious that I answered the questions asked of me under
oath, and that I may face criminal liability for false testimony or
perjury, if found lying.

(The examination of affiant ended at 1500H of October __, 2022,

at the office of Atty. Yasser Hakim, at Stall E-39, Plaza del Pilar, Sta.
Barbara, Zamboanga City.)

= End of Judicial Affidavit =

JULIETA M. ALVAREZ
Complainant

SUBSCRIBED AND SWORN TO before me, this _____ day of

October, 2022, at Zamboanga City, Philippines, JULIETA M. ALVAREZ
exhibited to me her Community Tax Certificate No. ________, issued on
__________, 2022, at Zamboanga City, Philippines.

Doc. No. _____;

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

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 ATTESTATION

I, Atty. YASSER HAKIM, of legal age, married, Filipino citizen,

resident of Zamboanga City, under oath depose and say that I am the lawyer
who conducted the examination of the above witness, that I faithfully
recorded the questions asked and the corresponding answers that the witness
gave, and neither I nor any person then present or assisting me coached the
witness regarding her answers.

Atty. YASSER HAKIM

Affiant

SUBSCRIBED AND SWORN TO before me, this _____ day of

August, 2022, at Zamboanga City, Philippines, affiant exhibited to me his
Non-Professional Driver's License No. _______________, valid until
_______________.

Doc. No. ____;

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