Professional Documents
Culture Documents
versus
LEONORA xxx,
Annulment of
And Those Acting Under
Her Authority; and the
REGISTER OF DEEDS OF
RIZAL
Defendants.
x---------------------------------------------x
JUDICIAL AFFIDAVIT
(Rule on Judicial Affidavit,
A.M. No. 12-8-8-12, September 4, 2012)
I.
PRELIMINARY INFORMATION.
A. NAME AND OTHER PERSONAL CIRCUMSTANCES OF THE WITNESS.
Name
Age
Address
Occupation
Language
:
:
:
:
:
IRENE xxx
xxx;
xxx St., xxx, Rizal;
Housewife;
English and Tagalog.
Address
:
LASERNA CUEVA-MERCADER LAW
OFFICES, Unit 15, Star Arcade, C.V. Starr Ave., Philamlife Village, Las Pinas City 1740.
Place of Examination: LASERNA CUEVA-MERCADER LAW OFFICES,
Law Offices, Unit 15, Star Arcade, C.V. Starr Ave., Philamlife Village, Las Pinas City 1740.
II.
OFFER.
The testimony of the witness Irene Xxx-Xxx is being offered to prove the:
1.
2.
The questioned land title in the name of the defendant covering the subject property;
3.
The antecedent land titles of the questioned land title of the defendant;
4.
The legal history of the antecedent and the current/questioned land titles;
5.
6.
7.
III.
I, IRENE XXX, xxx years old, married, Filipino, and residing at xxx St., xxx, Rizal, under oath,
depose:
1. Q Please state your name, age, residence, and occupation of the witness.
A
I am IRENE XXX-XXX, 51 years old, married,
residing at xxx St., xxx, Rizal, and a Housewife.
2. Q- Why are you here now?
A To give a sworn statement by way of a judicial affidavit, the
same to constitute as my direct testimony, in the above-captioned
civil case.
3. QFor the record, please state the name and address of the
Lawyer who is now conducting or supervising your examination and the place where the
examination is being held now?
A The legal counsel for the plaintiffs, Atty. Manuel J. Laserna Jr.,
is conducting or supervising my examination now at his law office
(Laserna Cueva-Mercader Law Offices) located at:
Unit 15, Star Arcade, C.V. Starr Ave., Philamlife Village,
Las Pinas City 1740.
4. Q In what language do you want your examination to be conducted?
A
A-
Yes.
Yes.
Are you familiar with the real property subject matter of this
Xxx?
A
Yes.
I have researched and investigated the history of the
subject property before we filed this case.
I have also interviewed the living elders of our clan (heirs of JuezManuel Xxx) about the history of
the subject property. I was assisted in the research and investigation by my husband, Jose J. Xxx,
and the lawyers for the plaintiffs, the Laserna Cueva-Mercader Law Offices.
14. Q Who is the deceased Juez Manuel Xxx?
AThe deceased Juez Manuel Xxx is the grandfather of the
plaintiffs and the defendant Xxx.
He was the original registered owner of a parcel of land underCertificate of Title No. xxx by the
Register of Deeds of the Province of Rizal, pursuant to a Sales Patent No. xxx issued xxx, 1927,
located in Xxx, Rizal with an area of fifteen (15) hectares.
15. Q Who was the wife of Juez Manuel Xxx?
A
The wife of Juez Manuel Xxx was the deceased Pelagia R. Xxx.
The late Juez Manuel Xxx and the late Pelagia Xxx were lawfully married to each other on xxx,
1924 in Xxx, Rizal.
16. Q
What is the relation of Pelagia Xxx to the subject
property?
AOn xxx, 1922, the late Pelagia Xxx was issued
Certificate of Title No. xxx by the Register of Deeds of the Province of Rizal, pursuant to Sales
Patent No. xxx, for a parcel of land located in Xxx, Rizal with an area of xxx hectares.
The property formed part of her conjugal partnership with her husband, the
deceased Juez Manuel Xxx.
17. Q When did Juez Manuel Xxx die?
A Juez Manuel Xxx died on xxx, 1949.
18. Q When did Pelagia Xxx die?
A-
Yes. Serafin Xxx married Luz Xxx on xxx, 1952 in Cardona, Rizal.
A
Yes. It is a parcel of land described as Lot 1 of the subdivision
plan (LRC), Psd-xxx; being a portion of the parcel of land described on plan Si-xxx, LRC (GLRO)
Rec. No. (Sales Patent), situated in the Barrio of Balimbing, Municipality of Xxx, Province of Rizal,
with an area of xxx SQUARE METERS, more or less.
27. Q
When Serafin Xxx died in 1958, how old were his
children Josefina Xxx and Jose Manuel Xxx.
AAt the time of the death of Serafin Xxx in 1958, his two (2) surviving children, namely,
Josefina Xxx and Jose Manuel Xxx, were still both minors.
Josefina Xxx was born on xxx, 1954 and she was only over three (3) years old when her Father
Serafin Xxx died.
Jose Manuel Xxx was born on xxx, 1957 and he was only slightly over one (1) year old when his
father Serafin Xxx died.
28. Q - Do you know the deceased Gregoria Xxx?
AYes. Gregoria Xxx Xxx was an aunt of Josefina
Xxx and Jose Manuel Xxx.
29. Q
What is the relation of Gregoria Xxx Xxx to the
subject property subject matter of this case?
ADuring the lifetime of the deceased Gregoria Xxx Xxx
she caused the execution of three (3) simulated and void
Subsequently, the TCT No. M-xxx was issued on xxx, 1981 by the Registry of Deeds of the
Province of Rizal in the name of the defendant Leonora Xxx, a niece of Gregoria Xxx Xxx, based
on a deed of sale executed by Gregoria Xxx Xxx in favor of the defendant Xxx on xxx, 1979.
It was annotated at the back of TCT No. xxx on xxx, 1981 as Entry No. xxx.
32. Q Why are you running after the defendant Xxx for
the subject property?
A
We, the plaintiffs, are running after the defendant Xxx in
this case because the legal defects in the title of Gregoria
Xxx Xxx under TCT No. xxx were transferred
to the defendant Xxx as the transferee of Gregoria
Xxx Xxx.
We believe that the parcel of land covered
by TCT No. xxx still belongs to Luz Xxx Vda De
Xxx, Josefina Xxx and Jose Manuel Xxx.
33. Q- Did Luz Xxx Vda Xxx (Luz Xxx) remarry?
A-
Yes. She entered into a second marriage with Serafin Xxx on xxx, 1960.
34. Q children?
A
Yes. They had two (2) children, namely, myself, Irene O.
Xxx, married to Jose J. Xxx, and my sister Yvette O.
Xxx.
35. Q - Where is Jose Manuel Xxx now?
A He died on xxx, 1989.
36. Q Who are the legal heirs of the deceased Jose Manuel Xxx?
AThe late Jose Manuel Xxx was survived by his four (4)
children, namely:
(1) Ken Jefferson Xxx,
(2) Kate Jennelyn
Xxx,
(3) Katty Jane Xxx, and
(4) Kris Jennifer Xxx. They
are co-plaintiffs in this case.
37. Q Where is Luz Xxx-Xxx (Luz Vda. De Xxx) now:
A She died on xxx, 1991.
38. Q Who were the legal heirs of Luz Xxx-Xxx (Luz Vda. De Xxx)?
A.
a.
b.
c.
Her children from her second marriage: Myself, Irene Xxx-Xxx; and Yvette Xxx.
39. Q Where is Serafin Xxx (second husband of the widow Luz Xxx-Xxx [Luz Vda. De Xxx])now?
A He died on xxx, 2008.
40. Q- Who are his legal heirs?
A - The surviving legal heirs of the deceased Sps. Serafin Xxx and the deceased Luz Xxx are:
a.
Josefina Xxx;
b.
The children of Jose Manuel Xxx; and
c.
The surviving legal heirs of the Sps. Luz Xxx and Serafin Xxx, i.e., myself Irene Xxx-Xxx
and my sister Yvette Xxx.
41. Q -What is your computation of the shares of the plaintiffs from the subject property?
A Their shares are as follows:
a.
b.
d.
The annulment of TCT No. xxx registered in the name of defendant LEONORA XXX.
b.
The recovery of the ownership (accion reinvindicatoria) of the subject property from
defendant LEONORA XXX (and those acting under her authority) in favor of co-plaintiff XXX
RESORT, INC. as the BUYER of the subject property from the plaintiffs Heirs of Sps. Serafin Xxx
and Luz Xxx-Xxx.
c.
The recovery of the possession of the subject property from defendant LEONORA XXX (and
those acting under her authority) in favor of XXX RESORT, INC. as the BUYER of the subject
property from the plaintiffs Heirs of Sps. Serafin Xxx and Luz Xxx-Xxx.
d.
The award of the following damages based on the provisions of ABUSE OF RIGHT and
TORT or QUASI DELICT, pursuant to Articles 19 and 20 (abuse or right) in relation to Articles
2176 (tort/quasi delict) and Title XVIII (Damages) of the Civil Code, to wit:
d.1. Moral damages in the amount of P500,000.00 in favor of the lead plaintiffs Heirs of the Sps.
Xxx for their physical suffering, mental anguish, fright, serious anxiety, besmirched reputation,
wounded feelings, moral shock and social humiliation of the lead plaintiffs Heirs of the Sps. Xxx;
d.2. Exemplary damages in the amount of P500,000.00 in favor of the lead plaintiffs Heirs of the
Sps. Xxx by way of example or to serve as correction for the public good.
d.3. Attorneys fees in the amount of Pxxx as acceptance fees for the legal services of the
Laserna Cueva-Mercader & Associates Law Offices as the Legal Counsel of XXX RESORT, INC.,
plus appearance fee per hearing in the amount of Pxxx per hearing;
d.4. Litigation costs in the amount of P100,000.00;
d.5. Costs of suit.
44. Q What documents do you wish to submit to the Court?
A We hereby reiterate our EX PARTE MOTION TO INSTRUCT THE BRANCH CLERK OF
COURT TO MARK THE COMMON EXHIBITS, dated xxx, 2015, and support of our earlier EX
PARTE MANIFESTATION (ADOPTION OF SELECTED DEFENDANTS EXHIBITS AS
PLAINTIFFS COMMON EXHIBITS), dated xxx, 2015, we, by counsel, manifested to the Court
that we were ADOPTING as COMMON EXHIBITS the following exhibits previously introduced
by the defendant Xxx which were attached to the Judicial Affidavit of the first witness for
the defendant Xxx in the person of LIGAYA xxx, to wit:
X x x.
1.
As Exhs. A to A-5 for the plaintiffs - Exh. 1 to 1-E of the Xxx judicial affidavit,
i.e., TCT No. M-xxx, with submarkings, including the last page entitled Memorandum of
Encumbrances.
2.
As Exhs. B to B-4 for the plaintiffs - Exh. 2 to 2-B of the xxx judicial affidavit, i.e.,
DEED OF ASSIGNMENT executed by GREGORIA XXX, with submarkings.
3.
As Exh. C to C-3 for the plaintiffs - Exh. 3 to 3-C of the Xxx judicial affidavit, i.e.,
TCT NO. M-xxx, with submarkings.
4.
As Exh. D to D-1 for the plaintiffs - Exh. 4 to 4-(not legible) of the Xxx judicial
affidavit, i.e., TCT NO. xxx, with submarkings.
5.
As Exh. E for the plaintiffs - Exh. 5 of the Xxx judicial affidavit, i.e., DEED OF ABSOLUTE
SALE executed by LUZ XXX VDA. DE XXX, consisting of one (1) page.
6.
As Exh. F for the plaintiffs - Exh. 6 of the Xxx judicial affidavit, i.e., DEED OF ABSOLUTE
SALE executed by JOSE MANUEL XXX, consisting of one (1) page.
7.
As Exh. G for the plaintiffs - Exh. 7 of the Xxx judicial affidavit, i.e., DEED OF ABSOLUYE
SALE executed by JOSEFINA XXX, consisting of one (1) page.
8.
As Exh. H for the plaintiffs - Exh. 8 of the Xxx judicial affidavit, i.e., CERTIFICATION
dated xxx, 2014, of the National Archives of the Philippines, consisting of one (1) page.
9.
As Exh. I for the plaintiffs - Exh. 9 of the Xxx judicial affidavit, i.e., CERTIFICATION
dated xxx, 2014, of the National Archives of the Philippines, consisting of one (1) page.
10. As Exh. J for the plaintiffs - Exh. 10 of the Xxx judicial affidavit, i.e., CERTIFICATION
dated xxx, 2014, of the National Archives of the Philippines, consisting of one (1) page.
11. As Exh. K to K-11 for the plaintiffs - Exh. 16 to 16-FF of the Xxx judicial affidavit,
i.e., VARIOUS OFFICIAL RECEIPTS FOR PAYMENTS OF LOCAL REAL ESTATE TAXES issued to
Defendant LEONORA V. XXX (marked as Exhs. 16 to 16-Z for the Defense) and issued to xxx
DEV. CORP. (marked as Exhs. 16-AA to 16-FF for the Defense).
12. As Exh. L to L-1 for the plaintiffs - Exh. 16-GG to 16-JJof the Xxx judicial affidavit, i.e.,
TAX DECLARATION NO. xxx (Exh. 16-GG, etc.) and TAX DECLARATION NO. xxx (Exh. 16-II,
etc.), consisting of two (2) pages.
13. As Exh. M for the plaintiffs - Exh. 19 of the Xxx judicial affidavit, i.e., topographical map
showing the location of LOT NO. 1 (LRC) PSD xxx, A (area) = xxx sq. m., M-xxx.
X x x.
45. Q What else, if any?
A I hereby introduce, for marking purposes, the following exhibits which were already attached
to the Complaint as Annexes A to JJ thereof.
I ask that they be marked as Exhs. N to XX to correspond to their specific Annex Markings in
the Complaint. To wit:
Annex A in the Complaint, the same to be marked as Exh. Nhereof Xxx Resort, Incorporated
Board Resolution No. xxx, series of 2012;
Annex B in the Complaint, the same to be marked as Exh. O hereof TCT No. xxx in the
name of Leonora Xxx;
Annex C in the Complaint, the same to be marked as Exh. P hereof Tax Declaration No. xxx
in the name of Leonora Xxx;
Annex D in the Complaint, the same to be marked as Exh. Q hereof - Certificate of Title No.
xxx in the name of Juez Manuel Xxx;
Annex E in the Complaint, the same to be marked as Exh. R hereof - Certificate of Title No. 4
in the name of Pelagia Xxx;
Annex F in the Complaint, the same to be marked as Exh. S hereof - Negative Marriage
Contract of Juez Manuel Xxx and Pelagia Xxx;
Annex G in the Complaint, the same to be marked as Exh. T hereof Certificate of Death of
Juez Manuel Xxx;
Annex H in the Complaint, the same to be marked as Exh. U hereof Certificate of Death of
Pelagia Xxx;
Annex I in the Complaint, the same to be marked as Exh. V hereof - Negative Certification of
Birth of Serafin Xxx;
Annex J in the Complaint, the same to be marked as Exh. W hereof - Affidavit of Adjudication
of Serafin Xxx;
Annex K in the Complaint, the same to be marked as Exh. X hereof Notarial page of the
Notarial Book of Notary Public xxx;
Annex L in the Complaint, the same to be marked as Exh. Y hereof TCT No. xxx in the name
of Serafin Xxx;
Annex M in the Complaint, the same to be marked as Exh. Z hereof Marriage Contract
between Serafin Xxx and Luz Xxx;
Annex N in the Complaint, the same to be marked as Exh. AA hereof Certificate of Death of
Serafin Xxx;
Annex O in the Complaint, the same to be marked as Exh. BB hereof Certificate of Birth of
Josefina Xxx;
Annex P in the Complaint, the same to be marked as Exh. CC hereof Certificate of Live Birth
of Jose Manuel Xxx;
Annex Q in the Complaint, the same to be marked as Exh. DD hereof TCT No. xxx in the
name of Luz Vda De Xxx, Josefina Xxx and Jose Manuel Xxx;
Annex R in the Complaint, the same to be marked as Exh. EE hereof TCT No. xxx196257 in
the name of Luz Vda De Xxx, Josefina Xxx and Jose Manuel Xxx;
Annex S in the Complaint, the same to be marked as Exh. FF hereof TCT No. xxx in the
name of Luz Vda De Xxx, Josefina Xxx and Jose Manuel Xxx;
Annex T in the Complaint, the same to be marked as Exh. GG hereof Plan of Subdivision
Survey for Serafin Xxx for Si-xxx, described in TCT No. xxx;
Annex U in the Complaint, the same to be marked as Exh. HH hereof Alleged Deed of
Absolute Sale of Luz Xxx, dated May 25, 1974, allegedly in favor of Gregoria Xxx;
Annex V in the Complaint, the same to be marked as Exh. II hereof - Alleged Deed of
Absolute Sale of Josefina Xxx, dated xxx, 1977, allegedly in favor of Gregoria Y. Xxx;
Annex W in the Complaint, the same to be marked as Exh. JJ hereof - Alleged Deed of
Absolute Sale of Jose Manuel Xxx, dated xxx, 1979, allegedly in favor of Gregoria Y. Xxx;
Annex X in the Complaint, the same to be marked as Exh. KK hereof TCT No. xxx in the
name of Gregoria Y. Xxx;
Annex Y in the Complaint, the same to be marked as Exh. LL hereof - Marriage Contract
between Luz Xxx and Serafin Xxx;
Annex Z in the Complaint, the same to be marked as Exh. MM hereof Certificate of Live
Birth of Irene Xxx;
Annex AA in the Complaint, the same to be marked as Exh. OO hereof Certificate of Live
Birth of Yvette Xxx;
Annex BB in the Complaint, the same to be marked as Exh. PP hereof - Certificate of Death
of Jose Manuel Xxx;
Annex CC in the Complaint, the same to be marked as Exh. QQ hereof Certificate of Live
Birth of Ken Jefferson Xxx;
Annex DD in the Complaint, the same to be marked as Exh. RR hereof Certificate of Live
Birth of Kate Jennelyn Xxx;
Annex EE in the Complaint, the same to be marked as Exh. SS hereof Certificate of Live
Birth of Katty Jane Xxx;
Annex FF in the Complaint, the same to be marked as Exh. TT hereof Certificate of Live
Birth of Kris Jennifer Xxx;
Annex GG in the Complaint, the same to be marked as Exh. UU hereof Negative
Certification of Death of Luz Xxx-Xxx;
Annex HH in the Complaint, the same to be marked as Exh. VV hereof Negative
Certification of Death of Serafin Xxx;
Annex II in the Complaint, the same to be marked as Exh. WW hereof - Deed of Extrajudicial
Partition; with Deed of Absolute Sale; Waiver of Rights; and Special Power of Attorney; dated
xxx, 2012; between the Heirs of Sps. Serafin Xxx and Heirs of Luz Xxx and Serafin Xxx.
Annex JJ in the Complaint, the same to be marked as Exh. XX hereof - SPA of Josefina Xxx
and Jose Xxx, as attorneys-in-fact of the above-named lead plaintiffs.
a)
Exh. YY Kasulatan Ng Sanglaan Ng Labing Dalawang (12) Puno Ng Mangga, dated xxx
1964, executed by Luz Xxx.
It shows the true signature of Luz Xxx.
b)
Notary Public
Doc. No. __
Page No. __
Book No. __
Series of 2015.
IV.
V.
SWORN ATTESTATION OF THE LAWYER WHO CONDUCTED OR SUPERVISED
THE EXAMINATION OF THE WITNESS.
The undersigned ATTY. MANUEL J. LASERNA JR., of legal age, married, and with law office
address are Laserna Cueva-Mercader Law Offices, Unit 15, Star Arcade, C.V. Starr Ave., Philamlife
Village, Las Pinas City 1740, under oath, deposes and states:
1.
2.
He faithfully recorded or caused to be recorded the questions he asked and the
corresponding answers that the above-named witness gave;
3.
Neither he nor any other person then present or assisting him coached the witness
regarding the latter's answers; and
4.
He conducted the examination of the witness at his law office located at Laserna CuevaMercader Law Offices, Unit 15, Star Arcade, C.V. Starr Ave., Philamlife Village, Las Pinas City
1740.
xxx City, xxx, 2015.
Series of 2015.
Copt Furnished:
Xxx LAW OFFICES
Counsel for Defendant LEONORA XXX
xxx Floors
xxx CENTER
xxx Ave. corner xxx St.
xxx, xxx City
xxx City
Reg. Rec. No.
Date
PO
PO
EXPLANATION
A copy of this Judicial Affidavit is served on the Court, the Counsel for the Defendant
Leonora Xxx, and the Register of Deeds of Rizal Province via LBC Express Corp./registered mail
due to the great distances of their respective addresses, due to the urgency of filing the same,
and due to the lack of field personnel of the undersigned counsel at this time.
Manuel Laserna Jr.