Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

12TH Judicial Region
Branch 2, Iligan City

JAMES L. JERUSALEM Civil Case No.

Plaintiff, For: Unlawful Detainer

versus

LEE MIN HO
Defendant.
x-------------------------x

JUDICIAL AFFIDAVIT
(of JAMES L. JERUSALEM)

PERSONAL CIRCUMSTANCES
I, JAMES L. JERUSALEM, of legal age, Filipino, married, and a resident
of Purok 1, Brgy. San Miguel, Tibanga, Iligan City state under oath as follows:

PRELIMINARY STATEMENT
The person examining me is Atty. Achmida Mamacotao, with office address at
Purok 143, Pala-o, Iligan City. The examination is being held at the same address. I
am answering her questions fully conscious that I do so under oath and that I may
face criminal liability for false testimony or perjury.

QUESTIONS AND ANSWERS

1. Q: Please state your name and other personal circumstances.
A: I am James L. Jerusalem, 26, Filipino, married, and a resident of Purok 1,
Brgy. San Miguel, Tibanga, Iligan City.
2. Q: Why are you here in our office today?
A: I am here to give a sworn statement by way of judicial affidavit, the same
to constitute as my direct testimony, in the above-captioned civil case.
3. Q: Do you know the Defendant in this case?
A: Yes.
4. Q: How do you know the Defendant of this case?
A: The respondent is the leasee of a portion of the subject property of this
litigation. He has leased a portion of the property from February 14, 2020 to
February 14, 2021, and has never vacated the premises since then.
5. Q: Where is the subject property situated?
A: The property is situated in Brgy. San Miguel, Tibanga, Iligan City.
6. Q: Alright. Do you know Czana Jall Kramer?

1
 A: Yes, Atty. Czana was the owner of a parcel of land situated in Brgy. San
Miguel, Tibanga, Iligan City, which is the subject property of this litigation.
7. Q: You have mentioned Czana was the owner of the property. In the present,
who is the current owner of the parcel of land?
A: I am the current owner of the property, Atty.
8. Q: Do you have proof of this?
A: Yes, Atty. I have a copy of the Transfer of Certificate Title No. T-58069
(a.f) issued by the Registry of Deeds of Iligan City.
9. Q: I am showing you a copy of the Transfer of Certificate Title No. T-58069
marked as Annex “A”, what relation does this have with the one you
mentioned?
A: That is the one.
10 Q: I am making this an integral part herein of your Judicial Affidavit. Do you
confirm my action?
A: Yes, Atty.
11. Q: Very well, how did you acquire the subject property from Czana?
A: I have acquired the property through a Deed of Conditional Sale dated
January 9, 2022 and, subsequently, through a Deed of Absolute Sale dated
July 9, 2022.
12. Q: Do you have proof of this purchase?
A: Yes, Atty. I have a copy of the Deed of Conditional Sale as well as the
Deed of Absolute Sale.
13. Q: I am showing you this Deed of Conditional Sale marked as Annex “B”,
what relation does this have with the one you mentioned?
A: That is the one.
14. Q: I am making this an integral part herein of your Judicial Affidavit. Do you
confirm my action?
A: Yes, Atty.
15. Q: Furthermore, I am showing you this Deed of Absolute Sale marked as
Annex “C”, what relation does this have with the one you mentioned?
A: That is the one.
16. Q: I am making this an integral part herein of your Judicial Affidavit. Do you
confirm my action?
A: Yes, Atty.
17. Q: Let us proceed. Prior to your acquisition of the property, were there
problems on this parcel of land?
A: Yes, Atty. According to Czana, a certain Lee Min Ho leased a portion of
the property from February 14, 2020 to February 14, 2021. Unfortunately, Lee
Min Ho had not yet vacated the property even after the expiration of his 1-
year contract.
18. Q: What did Czana do about it?
A: She issued a letter on June 21, 2021 wherein she demanded Lee Min Ho to
vacate the premises and pay his rentals.
19. Q: Do you have proof of this letter?
A: Yes, Atty. I have a copy of a letter on June 21, 2021 wherein Czana
demanded the Defendant to vacate the premises and pay rentals.

2
20. Q: I am showing you a copy of a letter on June 21, 2021 marked as Annex
“D”, what relation does this have with the one you mentioned?
A: That is the one
21. Q: I am making this an integral part herein of your Judicial Affidavit. Do you
confirm my action?
A: Yes, Atty.
22. Q: Very well, what were the actions of the respondent on this matter?
A: Unfortunately, Lee Min Ho neither vacated the property nor paid his
rentals.
23. Q: Have you ever met or talked to Mr. Lee Min Ho?
A: Yes Atty. I visited the subject property on July 17, 2022 and told Mr. Lee
Min Ho that I intend to use the property to build my own hotel. I also told him
that while I was still looking for a contractor and finalizing my plans, he is
allowed to continue his occupation of the subject property by tolerance, and
with the understanding that he will soon need to vacate the premises once the
construction will soon realize.
24. Q: Do you have proof of this visit?
A: Yes, Atty. I have photographs showing my site visit on July 17, 2022 to
the subject property, together with Engr. Mark M. Lagdameo.
25. Q: I am showing you this photographs marked as Annex “E”, what relation
does this have with the one you mentioned?
A: That is the one.
26. Q: I am making this an integral part herein of your Judicial Affidavit. Do you
confirm my action?
A: Yes, Atty.
27. Q: Alright. What happened after?
A: I went to the subject property again on July 30, 2022, and demanded that
he vacate the premises as the construction will start last week of November.
28. Q: Did he vacate the premises?
A: No, Atty.
29. Q: So what did you do about it?
A: I made repeated oral demands for several months. However, he still refused
to vacate the premises.
30. Q: And what did you do after these repeated oral demands?
A: Since he ignored my repeated oral demands, I sent a demand letter on
October 24, 2022, asking him to vacate the property within five (5) days from
his receipt thereof.
31. Q: Do you have proof of this?
A Yes, Atty. I have copy of the demand letter I sent on October 24, 2022.
32. Q: I am showing you this copy of the demand letter dated October 24, 2022
marked as Annex “F”, what relation does this have with the one you
mentioned?
A: That is the one.
33. Q: I am making this an integral part herein of your Judicial Affidavit. Do you
confirm my action?
A: Yes, Atty.

3
34. Q: What happened next?
A: After two (2) weeks from his receipt of the letter, I returned to my property
but he continued to remain in the premises. Hence, I wrote another final
demand letter on November 8, 2022, giving him thirty (30) days from receipt
within which to vacate the premises, as I intend to use the subject parcel of
land already.
35. Q: Did he receive this letter?
A: Yes, Atty. The letter was received by him on an even date.
36. Q: Do you have proof of this?
A Yes, Atty. I have copy of the final demand letter.
37. Q: I am showing you this copy of the final demand letter dated November 8,
2022 marked as Annex “G”, what relation does this have with the one you
mentioned?
A: That is the one.
38. Q: I am making this an integral part herein of your Judicial Affidavit. Do you
confirm my action?
A: Yes, Atty.
39. Q: So what happened next?
A: I filed a complaint for ejectment before the Office of the Lupong
Tagapamayapa of Brgy. Tibanga, against Lee Min Ho. It was docketed as
Barangay Case No. 999-2022.
40. Q: Were the matters resolved before the Office of the Lupong Tagapamayapa?
A: No, Atty. The Punong Barangay issued a subpoena addressed to Lee Min
Ho, asking him to appear before the Punong Barangay. However, he ignored
the same. Another subpoena was issued to him, asking him to appear before
the Pangkat, but to no avail.
41. Q: So what did the Lupon do?
A: A Certificate to File Action was issued by Pangkat Secretary, Ruth Dinoy,
and attested by Pangkat Chairman Edgar Lentorio, stating that no
confrontation took place through no fault of the complainant.
42. Q: Do you have proof of this?
A Yes, Atty.
43. Q: I am I am showing you this Certificate to File Action marked as Annex
“H”, what relation does this have with the one you mentioned?
A: That is the one.
44. Q: I am making this an integral part herein of your Judicial Affidavit. Do you
confirm my action?
A: Yes, Atty.
45. Q: After the certificate to file action was issued by the Lupon, did Lee Min
Ho vacate the property?
A: No, Atty. After the lapse of thirty (30) days, he still did not vacate the
property.
46. Q: Do you have anything else to add?
A: I have nothing else to add, Atty.
IN WITNESS WHEREOF, I have hereunto set my hand this 1st day of
December, 2022 at Iligan City, Philippines.

4
 JAMES L. JERUSALEM
Affiant

SUBSCRIBED AND SWORN to before me this 1st day of December 2022

at Purok 143, Pala-o, Iligan City, Philippines. Affiant exhibited to me his PRC
License with ID No. 000002347385 issued on November 24, 2018 at Iligan City,
Philippines.

ATTY. ACHMIDA D. MAMACOTAO

5
 ATTESTATION CLAUSE

I, ATTY. ACHMIDA D. MAMACOTAO , of legal age, married, and with

office address at Purok 143, Pala-o., Iligan City, do hereby affirm that the foregoing is
the Judicial Affidavit of JAMS L. JERUSALEM and further aver THAT:

1. I am the Complainant’s Counsel in the above-captioned case;

2. I have conducted and supervised the taking of the testimony of James L.

Jerusalem on January 18, 2023;

3. I have faithfully recorded the questions I have asked and the corresponding
answers given by the above-named witness; and

4. Neither I nor any other person then present or assisting him coached the
witness regarding his answers.

IN WITNESS WHEREOF, I have hereunto set my hand this 18th day of

January, 2023 in Iligan City, Lanao del Norte, Philippines.

ATTY. ACHMIDA D. MAMACOTAO

SUBSCRIBED AND SWORN to before me this 18th day of January, 2023 in

Iligan City, Lanao del Norte, Philippines. Affiant personally known to me and showing
his/her valid proof of identification.

ATTY. ACHMIDA D. MAMACOTAO

6
A
A-1
 B
DEED OF CONDITIONAL SALE
OF A PORTION OF A PARCEL OF LAND

KNOW ALL MEN BY THESE PRESENTS:

This Deed of Conditional Sale entered into this 9 day of January, 2022, in the City
th

of Iligan, Province of Lanao del Norte, by and between:

CZANA JALL KRAMER, of legal age, Filipino, married, and a resident of

Purok 1, Brgy. San Miguel, Tibanga, Iligan City, hereinafter referred to as the
“SELLER”

-And-

JAMES JERUSALEM, of legal age, Filipino, married, and a resident of

Purok 1, Brgy. San Miguel, Tibanga, Iligan City, hereinafter referred to as the
“BUYER”

WITNESSETH

THAT, the SELLER is the registered owner of a certain parcel of land situated in
Brgy. San Miguel, Tibanga, Iligan City, and more particularly described and
bounded as follows:

TRANSFER CERTIFICATE OF TITLE No. T-58,069 (a.f.)

A PARCEL OF LAND (Lot 36, Block 11 or the subdivision plan Psd-

12-009585, being a portion of Lot 4261-D, Pad-12-007848), situated in
the Barangay of San Miguel, Tibanga, Iligan City, Lanao del Norte.
Bounded on the SE., line 1-2 by Lot 34 of the same block; on the SW.,
line 2-3 and on the NW, line 3-4 by Road Lot 12; on the NW., line 4-5
by Road Lot 15; and on the NE., line 5-1 by Lot 35 of the same block,
all of the subdivision plan. Beginning at a point marked "1" on plan being
N. 37-27 E., 461.92 m. from BLIM Io. 6, Cad. 292, Iligan Cadastre;
THENCB.
S 69-06 W., 20.22 m. to point 2; N 20-54 W., 7.09 m. to
point 3;
N 22-02 E., 4.00 m. to point 4; N 64-59 E., 17.56 m. to point 5;
S 20-54 E., 11.27 m. to point of beginning;
Containing an area of TWO HUNDRED TEN (210) SQUARE METERS,
more or less. x x x
 B-1
THAT, the SELLER has offered to sell the above-described parcel of land to the
BUYER and the BUYER have agreed to buy the same in the amount of ONE
MILLION AND ONE HUNDRED THOUSAND PESOS (Php 1,100,000.00),
Philippine Currency;

THAT, the BUYER shall pay the amount of SIX HUNDRED SIXTY
THOUSAND PESOS (Php 660,000.00), Philippine Currency, upon execution of
this document;

THAT, the BUYER shall pay the balance in the amount of FOUR HUNDRED
FORTY THOUSAND PESOS (Php 440,000.00), Philippine Currency, after 6
months from the execution of this document;

THAT, however, in the event that the BUYER fails to comply with his obligation,
the purchase price which has been paid shall likewise earn legal interest in favor of
the SELLER;

THAT, the SELLER shall give the BUYER absolute and complete control and
possession of the subject property and allow the introduction of improvements
thereon upon the receipt of the first payment;

FURTHER, that in the event that the SELLER should fail or deliberately refuse to
comply with his obligation, the BUYER shall be reimbursed of the amount of the
purchase price paid, cost of improvements as well as beneficial interests and other
damages that the BUYER may suffer;

AND FINALLY, THAT the SELLER’s title to the property is reserved until full
payment of the purchase price, and that the SELLER hereby bounds herself to
execute a Deed of Absolute Sale in favor of the BUYER upon fulfillment of the
BUYER’s obligation to the SELLER and that the SELLER commits itself to
SELL, CEDE, TRANSFER and CONVEY in a manner that is absolute and
irrevocable the real property unto the BUYER, his heirs, assigns and successors-in-
interest.

IN WITNESS WHEREOF, the parties have hereunto signed this DEED OF

CONDITIONAL SALE this 9 day of January, 2022 at Brgy. San Miguel, Tibanga,
th

Iligan City.

CZANA JALL KRAMER JAMES JERUSALEM

Seller Buyer
TIN: 651-231-521-000 TIN: 489-365-981-000

SIGNED IN THE PRESENCE OF:

SAM JAVIEN JOHN LLOYD OCLARET

Witness Witness
 B-2
ACKNOWLEDGMENT

Republic of the Philippines )

Province of Lanao del Norte ) S.S.
City of Iligan )

BEFORE ME, a Notary Public for the Province of Lanao del Norte and City
of Iligan, personally appeared:

Name ID No. Date and Place

of Issuance

CZANA JALL KRAMER TIN: 651-231-521-000 Iligan City/April 1,

2011
JAMES JERUSALEM TIN: 489-365-981-000 Iligan City/June 9,
2010

Known to me to be the same persons who executed the foregoing document

of DEED OF CONDITIONAL SALE and they acknowledged to me that they
executed the same as their free and voluntary act and deed.

I HEREBY CERTIFY that the foregoing document consists of three (3) pages
including this page, and that the parties and their witnesses signed their names and
on one (1) parcel of land covered by TCT No. T-58,069 (a.f.) of the Registry of
Deeds for Iligan City.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my

notarial seal this 9th day of January 2022.

ATTY. CHANDLER BING

NOTARY PUBLIC
UNTIL December 31, 2022
IBP No. 290213 Jan 03, 2022 Iligan City
PTR No. 7328964 Jan 03, 2022 Iligan City
Lanao del Norte
Atty. Roll No. 56210
MCLE COMPLIANCE No. (VI-0047921)
04-14-2022 Manila
Doc. No. 4;
Page No. 15;
Book No. I;
Series of 2022.
 C
DEED OF ABSOLUTE SALE
OF A PORTION OF A PARCEL OF LAND

KNOW ALL MEN BY THESE PRESENTS:

This Deed of Absolute Sale is made and executed on the date and place
hereinafter written by and between:

CZANA JALL KRAMER, of legal age, Filipino, married, and a resident of

Purok 1, Brgy. San Miguel, Tibanga, Iligan City, hereinafter referred to as the
“SELLER”
-And-

JAMES JERUSALEM, of legal age, Filipino, married, and a resident of

Purok 1, Brgy. San Miguel, Tibanga, Iligan City, hereinafter referred to as the
“BUYER”

WITNESSETH

WHEREAS, the SELLER is the registered owner of a certain parcel of land situated
in Brgy. San Miguel, Tibanga, Iligan City, and more particularly described and
bounded as follows:

TRANSFER CERTIFICATE OF TITLE No. T-58,069 (a.f.)

A PARCEL OF LAND (Lot 36, Block 11 or the subdivision plan Psd-

12-009585, being a portion of Lot 4261-D, Pad-12-007848), situated
in the Barangay of San Miguel, Tibanga, Iligan City, Lanao del Norte.
Bounded on the SE., line 1-2 by Lot 34 of the same block; on the SW.,
line 2-3 and on the NW, line 3-4 by Road Lot 12; on the NW., line 4-
5 by Road Lot 15; and on the NE., line 5-1 by Lot 35 of the same
block, all of the subdivision plan. Beginning at a point marked "1" on
plan being N. 37-27 E., 461.92 m. from BLIM Io. 6, Cad. 292, Iligan
Cadastre; THENCB.
S 69-06 W., 20.22 m. to point 2; N 20-54 W., 7.09 m. to
point 3;
N 22-02 E., 4.00 m. to point 4; N 64-59 E., 17.56 m. to point 5;
S 20-54 E., 11.27 m. to point of beginning;
Containing an area of TWO HUNDRED TEN (210) SQUARE
METERS, more or less. x x x

-1
 C-1
NOW THEREFORE, for and in consideration of the sum of ONE MILLION
AND ONE HUNDRED THOUSAND PESOS (Php 1,100,000.00), Philippine
Currency, in hand paid by BUYER, receipt of the said amount is hereby
acknowledged, the SELLER hereby SELL, TRANSFER and CONVEY, by way of
deed of sale, in favor of the BUYER, his heirs and legal assigns, of the
abovementioned parcel of land, with improvements;

IN WITNESS WHEREOF, the parties have hereunto set their hands on this 9th of
July, 2022 at Brgy. San Miguel, Tibanga, Iligan City.

CZANA JALL KRAMER JAMES JERUSALEM

Seller Buyer
TIN: 651-231-521-000 TIN: 489-365-981-000

Marital Consent of:

DOUGHLAS KRAMER KATHERINE JERUSALEM

Spouse (Seller) Spouse (Buyer)

SIGNED IN THE PRESENCE OF:

MONICA GELLER RACHEL GREEN

Witness Witness
 C-2
ACKNOWLEDGMENT

Republic of the Philippines )

Province of Lanao del Norte ) S.S.
City of Iligan )

BEFORE ME, a Notary Public for the Province of Lanao del Norte and City
of Iligan, personally appeared:

Name ID No. Date and

Place
of Issuance
CZANA JALL KRAMER TIN: 651-231-521-000
JAMES JERUSALEM TIN: 489-365-981-000

Known to me to be the same persons who executed the foregoing document

of DEED OF ABSOLUTE SALE and they acknowledged to me that they executed
the same as their free and voluntary act and deed.

I HEREBY CERTIFY that the foregoing document consists of three (3) pages
including this page, and that the parties and their witnesses signed their names and
on one (1) parcel of land covered by TCT No. T-58,069 (a.f.) of the Registry of
Deeds for Iligan City.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my

notarial seal this 9th day of July 2022.

ATTY. CHANDLER BING

NOTARY PUBLIC
UNTIL December 31, 2022
IBP No. 290213 Jan 03, 2022 Iligan City
PTR No. 7328964 Jan 03, 2022 Iligan City
Lanao del Norte
Atty. Roll No. 56210
MCLE COMPLIANCE No. (VI-0047921)
04-14-2022 Manila

Doc. No. 1;
Page No. 40;
Book No. I;
Series of 2022.
 D
June 21, 2021

LEE MIN HO
Purok 1, Brgy. San Miguel, Tibanga, Iligan City

Re: DEMAND LETTER TO PAY RENTAL IN ARREARS AND TO VACATE

Dear Mr. LEE MIN HO,

I am writing this letter to demand rental payment you haven’t paid yet and to vacate
said property since our lease contract already expired.

I am hoping to receive the unpaid rental payment within thirty (30) Days from receipt
of notice and vacate within sixty (60) days from notice.

Very truly yours,

Czall Jall Kramer

E
 F
October 24, 2022

LEE MIN HO
Purok 1, Brgy. San Miguel, Tibanga, Iligan City

Re: DEMAND LETTER TO VACATE

Dear Mr. LEE MIN HO,

Please be reminded that I am now the lawful owner of lot A covered by TCT No. T-
1234(a.f.) situated in Brgy. San Miguel, Tibanga, Iligan City and I am asking you to
vacate the same land since I am planning to use and build my hotel business in the
said land.

In view of the foregoing circumstances, I demand you to vacate the said premises
within FIVE (5) DAYS from notice hereof.

I trust you will give this matter your preferential attention.

Very truly yours,

JAMES L. JERUSALEM
 G
November 8, 2022

LEE MIN HO
Purok 1, Brgy. San Miguel, Tibanga, Iligan City

Re: FINAL DEMAND LETTER

Dear Mr. LEE MIN HO,

It has been fourteen (14) days since you received my letter dated October 24, 2022
and, still, you have failed to vacate my property.

Please be reminded that I have demanded you to vacate the premises but the same
demand has been left unanswered. Consider this then, as my last and final demand
for you to vacate my property within thirty (30) days from receipt of this notice. If
you fail to heed this final demand, we shall be constrained to institute appropriate
criminal and civil actions against you to protect my interest.

Very truly yours,

JAMES L. JERUSALEM
 H
Republic of the Philippines
City of Iligan
Office of the Barangay Captain
Purok 1, Brgy. San Miguel, Tibanga, Iligan City

JAMES L. JERUSALEM, Iligan City Barangay Case: 0725-143

COMPLAINANT, For: UNLAWFUL DETAINER

-AGAINST-

LEE MIN HO, Iligan City

DEFENDANT.

CERTIFICATION TO FILE ACTION

This is to certify that:

1. There has been no personal confrontation between the parties before
the Punong Barangay because the defendant was absent and that
mediation failed;
2. The Pangkat ng Tagapagsundo was constituted but there has been no
personal confrontation before the Pangkat likewise did not result into
settlement because the defendant was absent;
3. Therefore, the corresponding complaint for the dispute may now be
filed in the Court / Government office.

Given this 29th day of November 2022.

Ms. Ruth Dinoy

Pangkat Secretary
Attested by:

Hon. Edgar Lentorio

Pangkat Chairman
Tibanga, Iligan City