REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
CALOOCAN CITY, BRANCH 123

RICARDO D. PARAS &

PRESCILLA A. PARAS,
Plaintiffs,

- versus - Civil Case No. _____

Judicial Partition
RICARDO A. PARAS JR. &
ANALYN DELA CRUZ-PARAS
Defendants.

JUDICIAL AFFIDAVIT OF
PRESCILLA A. PARAS
I, PRESCILLA A. PARAS, of legal age, and with address
at 53 Emilio Jacinto Street, Ayala Heights, Balara, Quezon City,
after having been duly sworn in accordance with law, and in
response to the questions of my lawyer, ATTY. ANSELMO S.
RODIEL IV, at his office, located at 801 Green Residences, Taft
Avenue, Manila City, with full knowledge that I am under oath
and may face criminal liability for false testimony or perjury,
and warranting that the documents attached to this judicial
affidavit are faithful reproductions of the original documents,
hereby depose and state:

OFFER OF TESTIMONY

The Judicial Affidavit of PRESCILLA A. PARAS is being

offered to prove:

1. That plaintiffs Ricardo D. Paras and Prescilla A. Paras and

defendants Ricardo A. Paras Jr. and Analyn Dela-Cruz
Paras are co-owners pro-indiviso of a condominium unit in
One Shangri-La Place, Mandaluyong City, covered by
Condominium Certificate of Title No. 008-2017008623;
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2. That said condominium unit has been declared and

assessed by the Assessor’s Office of Mandaluyong City at
PhP1,250,000.00;

3. That plaintiffs solely purchased and paid for the said

condominium unit through a bank loan with BPI Family
Savings Bank;

4. The outstanding balance of the loan with BPI Family

Savings Bank;

5. The outstanding balance of the electric utility bill, water

utility bill, and the association dues of the said
condominium unit;

6. That the plaintiffs sent a demand letter to the defendants,

in order to settle this dispute without need of litigation;

7. That the plaintiffs did their best efforts towards a

compromise with the defendants, but the same have failed;
and

8. Other material allegations in the Complaint.

DIRECT EXAMINATION:

1. Q: Ms. Witness, what is your name and occupation?

A: I am Prescilla A. Paras and I am a businesswoman.

2. Q: Ms. Witness, are you familiar with the instant case?

A: Yes.

3. Q: Why are you familiar with the instant case?

A: Because I am one of the plaintiffs in this case.

4. Q: What does this case involve?

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A: This case is an action for judicial partition that was

filed by my husband, Ricardo D. Paras, and I against
our son, Ricardo A. Paras Jr., and our daughter-in-
law, Analyn Dela-Cruz Paras, for the partition of a
condominium unit covered by Condominium
Certificate of Title No. 008-2017008623.

5. Q: What is this condominium unit covered by

Condominium Certificate of Title No. 008-
2017008623?

A: It is a two-bedroom condominium unit, unit 22G,

with a total area of 125.00 square meters more or less,
and located in One Shangri-La Place, Mandaluyong
City.

6. Q: Why are you familiar with this condominium unit

covered by Condominium Certificate of Title No.
008-2017008623?

A: I am familiar with this condominium unit because

my husband and I are registered owners of the same,
along with Ricardo A. Paras Jr., and Analyn Dela-
Cruz Paras.

7. Q: Do you have this Condominium Certificate of Title

No. 008-2017008623?

A: Yes, I have it here.

Manifestation: A copy of Condominium Certificate of Title No. 008-

2017008623 is hereto attached as Annex “A”.

8. Q: How did you and your husband become the

registered owners of this condominium unit?

A: We became the registered owners of this

condominium unit, by purchasing and paying for the
same through a bank loan with BPI Family Savings
Bank.
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9. Q: What proofs do you have, if any, that you and your

husband purchased and paid for this condominium
unit?

A: I have here with me a Deed of Absolute Sale,

showing that we are the buyers of this property. I
also have here with me the Payment Receipts issued
by BPI Family Savings Bank, showing that we paid
for the monthly amortizations of the loan we
obtained to purchase the condominium unit.

Manifestation: A copy of the Deed of Absolute Sale is hereto attached as

Annex “B”. Copies of the Payment Receipts issed by BPI Family
Savings Bank are hereto attached as Annex “C”.

10. Q: You mentioned that you and your husband are the
registered owners of this condominium unit, along
with Ricardo A. Paras Jr., and Analyn Dela Cruz-
Paras. Why did they also become registered owners
of this property?

A: My husband and I also registered our son, Ricardo

A. Paras Jr., and Analyn Dela Cruz-Paras as co-
owners of this condominium unit, as our way of
motivating them to save their deteriorating marriage.

11. Q: Was their supposed deteriorating marriage saved?

A: No, their marital relationship did not improve, and

they are now living apart from each other.

12. Q: If I show you copies of the Contract of Lease and

Amendment to the Contract of Lease you
mentioned, will you be able to identify them?

A: Yes, Sir.

13. Q: I am showing you a copy of the Contract of Lease

notarized 5 April 2013 and the Amendment to the
Contract of Lease notarized on 5 April 2013. Are
these the documents you were referring to?

A: Yes, Sir.
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14. Q: Please go to the bottom of the signature page of the

Contract of Lease notarized on 5 April 2013. Whose
signature appear above the name of Renold C.
Zenarosa?

A: That is my signature.

15. Q: How about the signature above the name of

Martelino Jose P. Mercado?

A: That is his signature.

16. Q: How do you know that this is his signature?

A: I saw him sign the document. I was present then, as

one of the signatories on the document.

17. Q: Do you warrant that this is a faithful reproduction

of the original?

A: Yes, Sir.

The copy of the Contract of Lease notarized on 5 April 2013,

which was marked as the plaintiff’s Exhibit “C,” is attached to
the Judicial Affidavit of Mr. Edgardo M. Mateo submitted in this
case.

18. Q: Please go to the bottom of the signature page of the

Amendment to the Contract of Lease notarized on 5
April 2013. Whose signature appear above the name
of Renold C. Zenarosa?

A: That is my signature.

19. Q: How about the signature above the name of

Martelino Jose P. Mercado?

A: That is his signature.

20. Q: How do you know that this is his signature?

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A: I saw him sign the document. I was present then, as

one of the signatories on the document.

21. Q: Do you warrant that this is a faithful reproduction

of the original?

A: Yes.

The copy of the Amendment to the Contract of Lease notarized

on 5 April 2013, which was marked as the plaintiff’s Exhibit
“D,” is attached to the Judicial Affidavit of Mr. Edgardo M.
Mateo submitted in this case.

22. Q: What happened after the parties executed the

contract?

A: Plaintiff immediately fulfilled its obligations by

paying (1) the advance rentals in the amount of
PhP627,000.00 (net of withholding tax) and (2)
security deposit in the amount of PhP2,640,000.00.
The defendant duly received these amounts.

We also paid a Documentary Stamp Tax on the

Contract. Afterwards, the contracts were annotated
on the titles covering the subject properties.

23. Q: You mentioned payment of Documentary Stamp

Taxes. What documentary proof do you have to
substantiate this payment?

A: The Tax Return and the BIR Tax Payment Deposit

Slip.

24. Q: If I show you copies of the Tax Return and BIR Tax
Payment Deposit Slip, will you be able to identify
them?

A: Yes.

25. Q: I am showing you a copy of the Tax Return dated 3

May 2013. Is this the Tax Return you were referring
to?

A: Yes.
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26. Q: Please go to the signature portion. Whose signature

appears above the name of Renold C. Zenarosa?

A: That is my signature.

27. Q: Do you warrant that this is a faithful reproduction

of the original?

A: Yes.

The copy of the Documentary Stamp Tax Declaration/Return,

which was marked as the plaintiff’s Exhibit “E,” is attached to
the Judicial Affidavit of Mr. Edgardo M. Mateo submitted in this
case.

28. Q: I am showing you a copy of the BIR Tax Payment

Deposit Slip dated 3 May 2013. Is this the BIR Tax
Payment Deposit Slip you were referring to?

A: Yes. It’s the same Deposit Slip. The deposit into BIR’s
account of the amount of PhP61,286.71 was done by
PECABAR Law.

29. Q: Do you warrant that this is a faithful reproduction

of the original?

A: Yes.

The copy of the BIR Tax Payment Deposit Slip, which was
marked as the plaintiff’s Exhibit “F,” is attached to the Judicial
Affidavit of Mr. Edgardo M. Mateo submitted in this case.

30. Q: What did the defendant do after the contract was

executed?

A: Nothing. It did not comply with its obligations.

31. Q: What were these obligations that were not

complied with by HM Transport, Inc.?

A: In direct contravention of Article 3.1 of the Contract,

HM Transport did not clear the subject property. It
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still had occupants, garbage, debris, vendors

surrounding the property, and even illegal occupants
within the property. In fact, Sogo is still using a
portion of the subject property as parking lot. This is
contrary to what HM Transport said that its
temporary arrangement with Sogo to use a portion of
the subject property as parking lot has already been
terminated. Thus, we cannot have access to the
property to inspect it or do conduct soil-testing in
preparation for construction.

32. Q: What was the effect of HM Transport’s non-

compliance with its obligations?

A: Due to HM Transport’s continuous non-compliance

with its obligations under the Contract of Lease, the
construction of the building was delayed. Thus,
Orange World Corporation cannot operate Nice
Hotel Alabang, resulting to loss of income.

33. Q: You mentioned that Orange World Corporation

suffered loss of income because it cannot operate
Nice Hotel Alabang. How much loss did Orange
World Corporation suffer, if any?

A: Orange World Corporation suffered no less than

PhP151,463,993 by reason of loss of income and
business opportunities. The longer HM Transport
disallows Orange World Corporation from
constructing Nice Hotel Alabang, and from
operating the said hotel, the bigger loss of income
and business opportunities Orange World
Corporation will suffer.

34. Q: You mentioned that you were tasked to prepare the

projected income of the Nice Hotel branches you
oversee. How were you able to come up with the
amount of PhP151,463,993?

A: In order to come up with the projected income of

Nice Hotel Alabang in the amount of PhP151,463,993,
we used as our reference, the actual revenue,
expenses, and net income of Nice Hotel
Mandaluyong, another branch that I oversee.
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35. Q: What documentary proofs, if any, do you have

showing this loss of earnings amounting to
PhP151,463,993?

A: I have here with me the Revenue & Expense

Projection of Nice Hotel Alabang. I also have here
with me the annual Revenue & Expense Statements
of Nice Hotel Mandaluyong from calendar year 2017
to calendar year 2021.

36. Q: If I show you a copy of the Revenue & Expense

Projection, will you be able to identify it?

A: Yes.

37. Q: I am showing you a copy of the Revenue & Expense

Projection. Is this the document you were referring
to?

A: Yes.

A copy of the Revenue & Expense Projection is attached hereto

as Exhibit “R.”

38. Q: If I show you a copy of the Revenue & Expense

Statements of Nice Hotel Mandaluyong from
calendar year 2017 to calendar year 2021, will you
be able to identify them?

A: Yes.

39. Q: I am showing you a copy of the Revenue & Expense

Statements of Nice Hotel Mandaluyong from
calendar year 2017 to calendar year 2021. Are these
the documents you were referring to?

A: Yes.

A copy of the Revenue & Expense Statements of Nice Hotel

Mandaluyong from calendar year 2017 to calendar year 2021 is
attached hereto as Exhibit “S” with sub-markings to “S-4.“
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40. Q: Do you wish to say anything further, Mr. Witness?

A: None, Sir.
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NOTHING FURTHER FOLLOWS.

Makati City, August 8, 2022.

RENOLD C. ZENAROSA
Affiant

SUBSCRIBED AND SWORN TO before me this

_____________, affiant who is personally known to me and who
has satisfactorily shown competent evidence of his identity in
the form of his Driver’s License No. N01-06-016813, valid until
January 30, 2024.

Doc No. ______:

Page No. ______:
Book No. ______:
Series of 2022.

LAWYER’S ATTESTATION

I, ATTY. ANSELMO S. RODIEL IV, do hereby attest that

(a) I have conducted and supervised the examination of the
witness, RENOLD C. ZENAROSA; (b) I have faithfully recorded
or caused to be recorded the questions asked and the
corresponding answers that the witness gave; and (c) neither I
nor any other person then present or assisting me coached the
witness regarding the latter’s answers.

ANSELMO S. RODIEL IV
Affiant
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SUBSCRIBED AND SWORN TO before me this

_____________, affiant who is personally known to me and who
has satisfactorily shown competent evidence of his identity in
the form of his Driver’s License No. C05-14-012084, valid until
June 20, 2032.

Doc No. ______:

Page No. ______:
Book No. ______:
Series of 2022.

COPY FURNISHED

ATTY. ARIS TALENS

Counsel for HM Transport, Inc.
506 South Center Tower
Madrigal Business Park
Ayala Alabang, Muntinlupa City

EXPLANATION OF SERVICE AND FILING

BY REGISTERED MAIL AND LICENSED COURIER

Due to distance and the lack of available messengers to

cause the personal service and filing of the foregoing Judicial
Affidavit, and to reduce person-to-person contact in view of the
present circumstances due to the COVID-19 pandemic, the
undersigned counsel was constrained to serve and file copies of
the same by licensed courier service (LBC).

ANSELMO S. RODIEL IV

3.4286