Republic of the Philippines

______________________
8th Judicial Region
Branch________
Tacloban City

SPS. CARLOS D. MOJADO CIVIL CASE NO._____________

AND AIDIE P. MOJADO, For:
Plaintiffs,
RECOVERY OF POSSESSION
- versus - WITH DAMAGES

RICOLITO SALEM,
BRANDO SALEM,
THELMA GUASIS,
AILEEN TADEFA,
ARTURO CARTALLA,
TERESITA CORDERO,
LEONARDO LOPEZ AND
ALL PERSONS ACTING
UNDER THEM,
Defendants.
x-----------------------x

REPUBLIC OF THE PHILIPPINES)

AT THE CITY OF TACLOBAN : S.S.
PROVINCE OF LEYTE )

JUDICIAL AFFIDAVIT OF DEFENDANT

(AS HER DIRECT TESTIMONY)

AIDIE P. MOJADO

I, AIDIE P. MOJADO, of legal age, married, Filipino citizen and

a resident of Brgy. 91, Purok 3, Abucay, Tacloban City, after having
been duly sworn to in accordance with law, hereby depose and state:

1. That the taking of this Judicial Affidavit is being conducted

by Atty. Alfredo C. Verona at his law office at Rm. 219 2/F Melecio
Tan Building, cor. Zamora & Salazar Street, Tacloban City;

2. That I am answering the questions asked of me in the

English language by Atty. Alfredo C. Verona, fully conscious that I do
so under oath and that I may face criminal liability for false testimony
or perjury;
 3. That the following questions were asked of me and my
corresponding answers thereto were recorded and consecutively
numbered.

OFFER OF TESTIMONY

ATTY. VERONA:

The testimony of plaintiff/affiant is being offered for the purpose

of showing and proving the following facts:

1. That she is one the plaintiffs in the above-entitled case;

2. That she and her co-defendant Carlos D. Mojado are the

registered owners of the property subject of this case;

3. That the property subject of this case is located at Brgy.

Utap, Tacloban City, designated as Lot No. 1763-C, containing an
area of 316 square meters, more or less, and embraced by Transfer
Certificate of Title No. 122-2021001566 of the Registry of Deeds for
Tacloban City;

4. That she and her husband purchased the property subject

of this case from the heirs of Pedro Beltran who was the previous
registered owner under Transfer Certificate of Title No. 2021000117
of the Registry of Deeds for Tacloban City;

5. That defendants are occupying portions of said parcel of

land previously with tolerance of the heirs of Pedro Beltran and later
by plaintiffs;

6. That despite repeated demands made by plaintiffs of

defendants, the latter refused to vacate and surrender the respective
portion occupied by them;

7. That she will identify several documents attached to the

Complaint and in her Judicial Affidavit;

8. And that she will further testify on other matters which are
relevant and material to the issues of this case.

QUESTIONS AND ANSWERS:

ATTY. VERONA:

Please state your name, age, address, and other personal

circumstances.

2
 AIDIE P. MOJADO, of legal age, married, Filipino citizen and a
resident of 91, Purok 3, Abucay, Tacloban City. Housewife.

Q1 : Good morning madam, why are you here in my office

today?

A1 : Because I want to execute my Judicial Affidavit regarding

the case which I filed against several persons who
are all occupying on our property.

Q2 : Who are these persons you are referring to?

A2 : They are Ricolito Salem, Brando Salem, Thelma Guasis,

Aileen Tadefa, Arturo Cartalla, Teresita Cordero,
Leonardo Lopez and Annalie Cavatie.

Q3 : Where is that property located and what is the lot number,

if you could remember?

A3 : It is located at Brgy. Utap, Tacloban City, designated as

Lot No. 1763-C, sir.

Q4 : Do you have proof that you are the owner of said

property?

A4 : Yes, sir, we have a title to it.

Q5 : Where is that title?

A5 : I already gave it you, sir.

Q6 : If shown to you could you identify it?

A6 : Yes, sir.

Q7 : I am showing to you this original copy of Transfer

Certificate of Title No. 122-2021001566 of the Registry of
Deeds for Tacloban City, in the name of Carlos D. Mojado
III and Aidie P. Mojado, covering Lot No. 1763-C,
containing an area of 316 square meters, more or less,
kindly take a look at this and tell us what relation has this,
if any, to the title which you are referring to?

A7 : That is our title to the property subject of this case which I

am referring to.

ATTY. VERONA:

3
 Your Honor, the true electronic copy of this Transfer
Certificate of Title No. 122-2021001566 which has been
identified by plaintiff/affiant was marked as Exh. "A"
during the preliminary conference.

Q8 : Now, from where did you acquire said property?

A8 : I and my husband purchased from the heirs of Pedro

Beltran.

Q9 : What proof do you have, if any, of said purchase?

A9 : We have a Deed of Absolute Sale, sir.

Q10 : Do you have a copy of that Deed of Absolute Sale with

you now?

A10 : Yes, sir, I gave you a copy of said deed.

Q11 : If shown to you could you identify it?

A12 : Yes, sir.

Q13 : I am showing to you this original copy of a Deed of

Absolute Sale dated dated July 9, 2021, covering Lot No.
1763-C, located at Brgy. Utap, Tacloban City, containing
an area of 316 square meters, and embraced by Transfer
Certificate of Title No. 122-2021000117 of the Registry of
Deeds for Tacloban City, kindly take a look at this and tell
us what relation has this, if any, to the deed of sale which
you were referring to?

A13 : That is the deed of sale of our purchase of the property

subject of this case from the heirs of Pedro Beltran, sir.

ATTY. VERONA:

Your Honor, xerox copy of this Deed of Absolute Sale

which has been identified by the plaintiff/affiant was
marked as Exh. "B" during the preliminary conference.

Q14 : Prior to your purchase of the property subject of this case

what action you did you take, if any?

A14 : I went to the place where the property is located.

Q15 : Have you observed anything on the condition of the

property who are buying?

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A15 : I saw that portions of said property are occupied by
defendants.

Q16 : What did you do, if any?

A17 : I talk to the defendants why they were occupying the

property and they said that they were allowed by the
previous owners to occupy their respective portions with
their assurances that they are going to vacate and
surrender the same to the owners once said property is
needed by them.

Q18 : And why did you proceed to buy said property in that
condition?

A18 : Because they also assured me that they are going to

vacate the same if we need it, provided that they be given
sufficient time to do so. And with their assurances, I gave
them a year to vacate the property.

Q19 : What prompted you to file this case against the

defendants?

A19 : Because it is now more than a year and when I asked

them to vacate the portions they are occupying, they now
refused to do so.

Q20 : What did you do by reason of their refusal to vacate?

A20 : I consulted a lawyer to prepare a formal demand on the

defendant to vacate and surrender the portions they are
occupying.

Q21 : Did your lawyer obliged?

A21 : Yes, sir, he prepared a letter of demand to each of the

defendants.

A1 : I want to execute my Judicial Affidavit in connection with

the
preliminary hearing on the application for preliminary
injunc-
tion in connection with the case for forcible entry filed
against

5
 us by spouses Ma. Virginia Robles and Edgardo Robles
which
is now the subject of this hearing.

Q2 : Do you know the property involved in this case?

A2 : Yes, sir, Lot No. 3414-A-1 which is portion of Lot No.

3410-A
covered by Transfer Certificate of Title No. T-27259 of the
Registry of Deeds for Tacloban City.

Q3 : Who owns this Lot No. 3410-A-1, if you know?

Q3 : Me and my wife, sir.

Q4 : How did you acquire said property?

A4 : We purchased it from Manuel Garbo and Marie Jane

Aldas
Lynn-Mediola who are the heirs of Basilisa Aldas the
registered owner of said property, sir.

Q5 : What is your proof of said purchase, if any?

A5 : I have a copy of the Deed of Extrajudicial Settlement of

Estate with Deed of Absolute Sale of a Portion of
Registered
Land.

Q6 : Where is that copy of the deed of sale?

A6 : I gave it to you, sir.

Q7 : If shown to you would you be able to identity it?

A7 : Yes, sir.

Q8 : I am showing to you a Deed of Extrajudicial Settlement of

Estate with Deed of Absolute Sale of a Portion of
Registered
Land, executed on January 21, 2016, kindly examine this
and
tell us what relation has this, if any, to the Deed of
Extrajudicial
Settlement of Estate with Deed of Absolute Sale of a
Portion
of Registered Land which you mentioned a while ago?

6
A8 : That is the deed of sale of our purchase of Lot No. 3410-
A-1.

ATTY. VERONA:

Your honor, we are requesting that this copy of the Deed

of
Extrajudicial Settlement of Estate with Deed of Absolute
Sale
of a Portion of Registered Land dated January 21, 2016
signed
by Ludivina C. Dacuyan, Attorney-in-Fact of Manuel
Garbo
and Marie Jane Aldas-Mendiola, and notarized by Notary
Public Alfredo C. Verona and entered in his Notarial
Register
as Doc. No. 134; Page 14; Book No. XXIV; Series of 2016
be
marked as Exh. "1". We are presenting an original copy
of
said document to the counsel for plaintiffs for comparison.

Q16 : Ha pagkayana waray na ako igpapakiana ha imo, may

ada
ka pa karuyag igdugang hini nga imo asoy denhi hini nga
imo Judicial Affidavit??
(I have no further questions to be asked of you, do you
have
anything else to add in your testimony in your Judicial
Affidavit?)

A16 : Waray na sir, pero kon pagpapaki-anhan pa ako andam

ako
pagbaton ha husgado.
(No more, sir, but if there are further questions to be
asked of
me I am ready to answer them in court.)

IN WITNESS WHEREOF, I have hereunto affixed my signature

this______th day of May, 2019 at Tacloban City.

7
 VICTORIA S. ABEJO
Affiant

SUBSCRIBED AND SWORN to before me a Notary Public for

the Province of Leyte and Tacloban City, this______th day of May,
2019 at Tacloban City.

ATTESTATION

I, ALFREDO C. VERONA, of legal age, married, Filipino citizen

and a resident of Tacloban City, after being duly sworn to in
accordance with law, hereby attest that:

1. I conducted the examination of the witness named-above

and that I faithfully recorded the questions asked and the answers
given by the witness as contained in this Judicial Affidavit consisting
of______ pages, including this attestation.

2. Neither I nor any other person then present or assisting

him coached the witness regarding the latter’s answers.

3. I further state that I am fully aware that a false attestation

shall subject the lawyer who conducted or supervised the
examination of the witness to disciplinary action, including
disbarment.

IN WITNESS WHEREOF, I have hereunto affixed my signature

this______th day of November, 2018 at Tacloban City.

ALFREDO C. VERONA

SUBSCRIBED AND SWORN to before me a Notary Publid for

and in the Province of Leyte and Tacloban City, this______th day of
November, 2018 at Tacloban City.

Doc. No._______;
Page No._______;

8
Book No._______;
Series of 2018.