Republic of the Philippines

REGIONAL TRIAL COURT

Eleventh Judicial Region
General Santos City
Branch 23

NIKKI SERATO,
Petitioner,

-versus- Civil Case No. A-22420-13-4724

For:
ANNULMENT/CANCELLATION
OF CERTIFICATE OF TITLE

CHARMAINE JOYCE MANINGO,

Respondent.
x ------------------------------- x

JUDICIAL AFFIDAVIT
OF WITNESS

PRELIMINARY STATEMENT

I, Beny B. Gamo, Filipino, of legal age, with address at C.M.

Recto, Brgy. Dadiangas North General Santos City, after having been
sworn in accordance with law, hereby execute this Judicial Affidavit,
in Question and Answer form, and hereby answer the following
questions below in support of the claims and allegations of Plaintiff
NIKKI SERATO, in Civil Case No. A-22420-13-4724 for
ANNULMENT/CANCELLATION OF CERTIFICATE OF TITLE
pending before Regional Trail Court of General Santos City Branch
23. Consciously knowing that I am under oath, and with
understanding that I may face criminal liability for false testimony or
perjury, I hereby answer the following questions from ATTY.
JESCHERISH AGBONG with office address at AGBONG Law Office,
General Santos City, who conducted this examination in her office.

OFFER OF TESTIMONY

The following testimony of affiant Benny B. Gamo is being

offered to prove the following:
 a. That there was a prior sale between Plaintiff and Sada K. Gamo

b. That he fraudulently sold the property to his cousin Charmaine

Joyce Maningo, while having knowledge of the prior sale to
plaintiff.

c. Other matters in relation thereto.

JUDICIAL AFFIDAVIT PROPER

1. Q: Do you swear to tell the truth and nothing but the truth?

A: Yes, I do.

2. Q: Are you aware that you may face criminal liability for false
testimony of perjury if you will not tell the truth?

A: Yes, I am.

3. Q: Please state your name, age and other personal

circumstances.

A: I am Benny B. Gamo, of legal age, single, and with address

at C.M. Recto, Brgy. Dadiangas North General Santos City.

4. Q: Where are you currently working and for what position?

A: I am working at the DPWH at Koronadal city as Engineer.

5. Why are you present here today?

A: I am here today to execute my Judicial Affidavit in

relation to the Petition for ANNULMENT/CANCELLATION OF
CERTIFICATE OF TITLE filed by Nikki Serato

6. Q: Do you the know the Petitioner in the instant case?

A: Yes, Maám.

7. Q: How do you know the Petitioner?

A: She is a family friend, Ma’am.

8. Do you know the Respondent in the instant case?

 A: Yes, Maám.

9. Q: How do you know the Respondent?

A: She is a cousin, Ma’am

10. Q: Do you know the existence of a prior sale to Plaintiff by

Sada K. Gamo?

A: Yes, Ma’am.

11. Q: Did you sign as witness to the prior sale?

A: Yes, Ma’am.

12. Q: What was the reason, if you know, of the sale between
Sada K. Gamo and Plaintiff?

A: That my mother Sada K. Gamo sold the property to

Plaintiff due to financial need.

13. Q: How did you know that?

A: My mother told me that our business was failing.

14. Q: What business is that?

A: It is a fishing business, Ma’am.

15. Q: What was the reason you sold the property to your cousin
CHARMAINE JOYCE MANINGO?

A: Because she offered a higher price than what was offered

by the plaintiff.

16. Q: For what purpose are you executing this Judicial

Affidavit?

A: I am executing this statement as part of my testimony in

the above entitled case.

17. Q: Mr. Witness, is there anything else you wish to add?

A: None, Ma’am.
 IN WITNESS WHEREOF, I have hereunto affixed my
signature this May 5, 2010 at General Santos City.

__________________
Affiant

SUBSCRIBED AND SWORN to before me this October 25,

2022 at General Santos City. I have identified affiant through his
Driver’s License issued at Koronadal City on March 5, 2018 bearing
his photograph and signature.

Doc. No. 123;

Page No. 321;
Book No.222;
Series of 2010.
 ATTESTATION

I, JESCHERISH AGBONG, of legal age, Filipino, and with office

address at General Santos City, under oath and state that:

1. I conducted the examination of witness, Benny G. Gamo,

on May 5, 2010, in connection with the above-captioned
case.

2. I faithfully recorded or caused to be recorded the questions

that I asked and the answers that the witness gave as stated
in his judicial affidavit.

3. Neither I nor any other person present or assisting the

witness coached him regarding his answer stated in his
Judicial Affidavit.

____________________
Affiant

SUBSCRIBED AND SWORN to before me this October 25,

2022 at General Santos City, affiant personally appeared and
exhibited to me her Integrated Bar of the Philippines Identification
Card with I.D. No. ZD-012349785 and bearing his photograph and
signature.

Doc. No. 123;

Page No. 321;
Book No.222;
Series of 2010.
Copy furnished:

ATTY. JESSABETH MAGDAYAO

Counsel for Plaintiff
MAGDAYAO Law Office, General Santos City

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