Republic of the Philippines

REGIONAL TRIAL COURT

National Capital Judicial Region
Branch 222
Quezon City

EFREN P. ROQUE,
Plaintiff Civil Case No. 9561
For: Declaration of Nullity of
the Contract of Lease and
Memorandum of Agreement
with Prayer for Issuance of a
Preliminary Injunction

-versus–

SHOPPER’S PARADISE REALTY

& DEVELOPMENT CORPORATION,
Defendant
X---------------------------------------------------------X

JUDICIAL AFFIDAVIT

I, Ivan Biglang-awa, 33 years of age, married, Filipino, with address at 1807

Gutierrez corner Tramo Streets, Pasay City, after having been duly sworn to in
accordance with law, do hereby depose and state:

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 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 the witness, on the
basis of which the adverse party may conduct their 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. JUAN A. REYES, counsel of defendant company Shopper’s
Paradise who conducted the examination of the undersigned affiant;

That conformably also with section 3 (c) thereof, I hereby state under the pain
of perjury that in answering the questions asked of me, as appearing herein below, I
am fully conscious that I did so under oath, and that I may face criminal liabilities for
false testimony or perjury;

PURPOSE OF THE TESTIMONY

The judicial affidavit/testimony of Mr. Ivan Biglang-Awa is being offered to

prove the following:

1. That he is the architect hired by Shopper’s Paradise Realty & Development

Corporation to construct, develop, and operate a commercial building
complex on the land allegedly owned by Dr. Felipe Roque;

2. That it was made known to him that Dr. Felipe Roque is the owner of the
subject land on which the said building is about to be constructed and
developed by the former;

3. That the witness had no knowledge of the existence of the alleged donation
in favor of the plaintiff, Efren P. Roque, at the time the Contract of Lease
and Memorandum of Agreement were entered into.

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 AND UNDER OATH, AVERS THE FOLLOWING:

1. Q: Please state your name and other personal circumstances for the record.

A: I am Ivan Biglang-awa, of legal age, Filipino, married and a resident of 1807

Gutierrez corner Tramo Streets, Pasay City, a duly-licensed Architect.

2. Q: What is your relation to Shopper’s Paradise in relation to this case?

A: My firm was contracted by Shopper’s Paradise, through its President

Veredigno Atienza, as their architect in its construction project.

3. Q: What is/are your task/s in relation to this project?

A: My task is to construct, develop, and operate a commercial complex building

in accordance with our agreement.

4. Q: Do you know the plantiff in this case Mr. Witness?

A: Yes sir. I’m told that he is the son of Dr. Felipe Roque.

5. Q: How did you know Dr. Felipe Roque?

A: He is the owner of the land on which the said building is about to be

constructed.

6. Q: Were you able to meet the owner of the land?

A: Yes, he was the one who accompanied us when Mr. Atienza and I did an
ocular inspection regarding the said land on which the building is about to be
constructed.

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7. Q: Were you able to talk to him?

A: Yes, sir. I greeted him and we had a casual conversation.

8. Q: What did you two talk about?

A: We talked about various topics, especially regarding the construction

project.

9. Q: Anything else?
A: We also talked about his family, his sons, one of which lives in America.

10. Q: Do you know which of his son he was referring to?

A: He is the plaintiff in this case.

11. Q: What else did you talk about?

A: He mentioned that his son, the plaintiff, is really interested over the
subject property since it is a good place for business.

12. Q: Was there anything else you talked about?

A: That’s all, Sir.

13. Q: What did you do with this information?

A: I shared this with Mr. Atienza.

14. Q: What was the reaction of Mr. Atienza?

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 A: None, sir. He did not make any comment about it since the contract of lease
and the memorandum of agreement were already perfected.

15. Q: Kindly go over and read all the questions and answers in this
Judicial Affidavit and let me know if you have some corrections to be
made.

A: (Witness reading the Judicial Affidavit) I have read the questions and
answers contained in this Judicial Affidavit and I have determined based on my
personal knowledge that the contents are true and correct.

16. Q: Do you affirm under oath the truth of everything that is contained in
this Judicial Affidavit?

A: Yes, sir.

-----END OF STATEMENT----

IN WITNESS WHEREOF, I have hereunto set my hand this 28th day of

February 2020, in Quezon City.

Ivan Biglang-awa
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME this 28th day of February

2020, in Pasay City.

ATTY. JUAN A. REYES

Counsel for Defendant
Roll of Attorney No. 78562
December 3, 2015

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 PTR OR No. 2416035
IBP OR No. 68921
MCLE COMPLIANCE No. 0035612

SWORN ATTESTATION OF THE LAWYER WHO CONDUCTED OR

SUPERVISED THE EXAMINATION OF THE WITNESS
I, ATTY. JUAN A. REYES, under oath depose and state:
1. I am the Counsel of the record of defendant, in the above entitled case, and
the one who conducted the direct examination of witness, Veredigno Atienza
at my aforementioned office;
2. I have faithfully recorded or caused to be recorded the Questions asked and
the corresponding Answers that the witness gave;
3. Neither I nor any other person/s coached this witness-affiant regarding the
answers given by her.

ATTY. JUAN A. REYES

SUBSCRIBED AND SWORN to before me this 28th day of February 2020 at

Quezon City, affiant showing his/her competent proof of identity, to wit: SSS Member
ID No. 19-2341

Atty. JUAN B. DE JESUS

Roll of Attorney No. 68912
Notary Public
PTR OR No. 222441
Doc. No. : 129 IBP OR No. 62163
Page No. ; 139 December 18, 2019
Book No. : 19 MCLE Exempt No. 00110234
Series of 2020.