0% found this document useful (0 votes)
83 views5 pages

Judicial Affidavit: Forcible Entry Case

Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
83 views5 pages

Judicial Affidavit: Forcible Entry Case

Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

REPUBLIC OF THE PHILIPPINES

First Judicial Region


MUNICIPAL TRIAL COURT
La Trinidad, Benguet

EDGAR T. DIGMAN, 
Plaintiff,
Civil Case No. ________
-VERSUS-
For: FORCIBLE ENTRY AND
RABERT A. DAMAGES
LORENZO 
Defendant  

JUDICIAL AFFIDAVIT OF EDGAR T. DIGMAN

The following is the direct examination of EDGAR T. DIGMAN,


the Plaintiff in the above-captioned case. The examination is
conducted under the supervision of Atty. Reyniel Lutchina at
their office located at Rm. 69, 5G City Center Hotel, Session Rd.,
Baguio City, Philippines. The Judicial Affidavit is prepared in
English, a dialect known to the witness who answers the questions
asked, fully aware that she does so under oath and under pain of
perjury or criminal liability for false testimony.

STATEMENT PROPER

The testimony of EDGAR T. DIGMAN is being offered to prove


that:
1. He is the Plaintiff in the above-entitled case.
2. He is the declared owner of a property located in MB 111
Puguis, La Trinidad, Benguet, with an area of Three Hundred
Square Meters, covered by Transfer Certificate Title (TCT) No.
T-123456.

3. The said property was sold to him in the year 2010 by the late
Albert James Escalderon.

4. Since 2010 up to present, Plaintiff had been and is still paying


for the real property taxes of the lot.

5. Defendant is the brother-in-law of the late Albert James


Escalderon.

6. Defendant is aware about the sale of the portion of the


property by Albert James Escalderon to Plaintiff.

7. Sometime during the COVID-19 pandemic period, Defendant


built his bungalow on the property already sold to Plaintiff.

8. Defendant did not secure any building permit for the


construction of his bungalow.

9. He will identify the documents in relation to this case.

10. He will also testify on other matters relevant to this case.

DIRECT EXAMINATION OF MILLER PAULO ESCALDERON


1. QUESTION: Kindly state your name, address and other personal
circumstances.
ANSWER: I am Edgar T. Digman, of legal age, Filipino, and a
resident of MB 111 Puguis, La Trinidad, Benguet, Philippines.
2. Q: Sir, what is your profession?
A: Operations Manager at Tiong San, sir.
3. Q: Do you have any property in La Trinidad?
A: Yes, sir.
4. Q: What is this property?
A: It is a lot in MB 111 Puguis, La Trinidad. It has an area
of Three Hundred Square Meters.
5. Q: Do you have any proof that it is your property?
A: Yes, sir. I have this Transfer Certificate of Title, TCT No.
T-123456.
6. Q: I have here with me the Transfer Certificate of Title No. T-
123456 declared in the name of Edgar T. Digman. Is this the one
you are referring to?
A: Yes, Atty.
Counsel: May we pray your Honor that the Transfer Certificate of
Title No. T-123456 be marked as Exhibit “A”, the declared owner
which is Edgar T. Digman as Exhibit “A-1”, and the indicated area
as Exhibit “A-2”.
7. Q: From whom did you acquire the said property?
A: From the late Albert James Escalderon, sir. I bought it in
2010.
8. Q: Do you have any proof to this?
A: Yes, sir. I have a Deed of Sale executed by Albert on June
10, 2010.
9. Q: I have here with me the Deed of Sale executed by Albert
Jamaes Escalderon in favor of Edgar T. Digman. Is this the one you
are referring to?
A: Yes, Atty.
Counsel: May we pray your Honor that the Deed of Sale be marked
as our Exhibit “B”.
10. Q: What did you do after you purchased the property from
the late Albert James Escalderon?
A: I started paying the real property taxes yearly until now,
Atty.
11. Q: Do you have any proof to this?
A: Yes, Atty. My latest payment of the Tax Declaration of
Real Property No. 123-456-789.
12. Q: I have here with me the Tax Declaration of Real Property
No. 123-456-789. Is this the one you are referring to?
A: Yes, Atty.
Counsel: May we pray your Honor that the Tax Declaration of Real
Property No. 123-456-789 be marked as our Exhibit “C”.
13. Q: What did you do then with the property?
A: I wanted to cultivate it, so I planted crops like sweet potato,
carrots, banana and the like. I checked it every now and then, but it
was almost impossible to stay in my land because of my work
assignment to San Vicente in Cagayan. So I asked my neighbor
Kara Karys Cuti to look after the property.
14. Q: Who was occupying the property then?
A: No one, Atty. I did not allow occupants.
15. Q: What happened next?
A: When I was reassigned to San Vicente in 2019, I would
still travel to visit my property, every now and then. But because of
the travel restrictions due to COVID-19, it was difficult. I thought of
resigning from my work in San Vicente, go back to La Trinidad, and
just construct a building I could lease out to tenants. It was in
March 2022 when I finally decided to have the property surveyed,
so I applied for a leave from work. It was then that I noticed a
bungalow on my property. My crops were all gone.
16. Q: Who was occupying the bungalow?
A: Raberto Lorenzo. My brother-in-law was occupying the
bungalow on my property.
17. Q: What did you do then?
A: Rabert said that he owns the property, and that I was
trespassing.

You might also like