1. Susan Roxas purchased land from Jose and Maria Castillo in 2012 that was partially occupied by Juan and Estella Bernabe.
2. In May 2020, Susan served Juan and Estella a demand letter to vacate but they refused.
3. Mediation before the barangay failed, so Susan is filing a court case for damages from the defendants' refusal to leave.
1. Susan Roxas purchased land from Jose and Maria Castillo in 2012 that was partially occupied by Juan and Estella Bernabe.
2. In May 2020, Susan served Juan and Estella a demand letter to vacate but they refused.
3. Mediation before the barangay failed, so Susan is filing a court case for damages from the defendants' refusal to leave.
Original Title
JUDAF Roxas Witness to the Plaintiff Unlawful Detainer
1. Susan Roxas purchased land from Jose and Maria Castillo in 2012 that was partially occupied by Juan and Estella Bernabe.
2. In May 2020, Susan served Juan and Estella a demand letter to vacate but they refused.
3. Mediation before the barangay failed, so Susan is filing a court case for damages from the defendants' refusal to leave.
1. Susan Roxas purchased land from Jose and Maria Castillo in 2012 that was partially occupied by Juan and Estella Bernabe.
2. In May 2020, Susan served Juan and Estella a demand letter to vacate but they refused.
3. Mediation before the barangay failed, so Susan is filing a court case for damages from the defendants' refusal to leave.
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REPUBLIC OF THE PHILIPPINES
FOURTH JUDICIAL REGION
MUNICIPAL CIRCUIT TRIAL COURT Taal-San Nicholas, Batangas
Susan Roxas, Plaintiff, Civil Case No. 3756 -versus- Unlawful Detainer with Damages
Spouses Juan and Estella Bernabe,
Defendants.
x----------------------------------------x
JUDICIAL AFFIDAVIT (Pursuant to SC A.M. No. 12-8-8-SC)
WITNESS NAME: SUSAN ROXAS AGE: 40 years old ADDRESS: No. 45, Brgy. Aplaya, Lemery, Batangas LEGAL STATUS: Married OCCUPATION: Business Woman
This Judicial Affidavit of Ms. Susan Roxas is being
offered to prove the material allegations in the complaint for Unlawful Detainer against the Defendants spouses Juan and Estella Bernabe to provide additional and/or testimony regarding the matter of the case at hand, to identify the documents and other evidence pertinent to the above case.
The examination of the witness was conducted and
supervised by Atty. Arman D. Alipit Jr. at his office at Block 001, Asuncion Building, Bauan, Batangas. Civil Case No. 3657 Susan Roxas vs. Spouses Juan and Estella Bernabe Judicial Affidavit of Susan Roxas/Page 2 of 5 x------------------------------------------------------------------------------------------------------------------x The questions were prompted in English which the witness understands, while the answers were given by him in Filipino dialect but corresponding translation thereof is provided after each question.
1. Q: How are you related to Susan Roxas, the plaintiff in
Civil Case 3657 before the MCTC of Taal-San Nicholas for Unlawful Detainer with damages against spouses Juan and Estella Bernabe?
A: I am the same sir.
2. Q: Do you know the defendant spouses Juan and
Estella Bernabe?
A: Yes, sir. The spouses Juan and Estella Bernabe are
the one occupying the 85 square meters portion of the lot that I bought from spouses Jose and Maria Castillo described under TCT No. 1234 issued by Registry of Deeds of Lemery under my name. The Certified true copy of the said TCT is attached hereof as Exhibit “A”.
3. Q: Can you tell how the defendant spouses Juan and
Estella Bernabe able to occupy the subject property of this case?
A: Since I bought the subject lot from spouses Jose
and Maria Castillo. The defendant Juan and Estella Bernabe were already occupying the portion of the subject lot by mere tolerance of the previous owner spouses Jose and Maria Castillo which I also tolerated the same. Attached here is a certified true copy of the Deed of Sale executed by spouses Castillo in favor to me on March 14, 2012 as Exhibit “B”. Civil Case No. 3657 Susan Roxas vs. Spouses Juan and Estella Bernabe Judicial Affidavit of Susan Roxas/Page 3 of 5 x------------------------------------------------------------------------------------------------------------------x
4. Q: Did you asked the defendant spouses to vacate the
property?
A: Yes, sir. As we agreed upon they will voluntarily
vacate the subject property upon my demand. That I sent a Demand Letter dated May 20, 2020 to the defendant to voluntarily vacate the property within five days.
5. Q: What is your proof that you had given a noticed to
vacate on May 20, 2020?
A: A demand letter dated May 20, 2020 was sent to
them to voluntarily vacate the property. Attached here is the copy of the Demand Letter as Exhibit “C”.
6. Q: What is the action of the defendant spouses on the
Demand Letter that you sent them?
A: None, sir. They ignored it and refused to vacate the
property and continued their possession therein.
7. Q: After the action of the defendant spouses Juan and
Estella Bernabe despite your demand, what action did you take, if any?
A: I brought the matter to the Lupong Tagapamayapa
of Brgy. Butong, Taal, Batangas.
8. Q: What happened when you brought it to the Lupong
Tagapamayapa?
A: None, sir. No settlement was attained and the
spouses continued their refusal to vacate the property.
9. Q: What happened next?
Civil Case No. 3657 Susan Roxas vs. Spouses Juan and Estella Bernabe Judicial Affidavit of Susan Roxas/Page 4 of 5 x------------------------------------------------------------------------------------------------------------------x
A: The Lupong Tagapamayapa of Brgy. Butong, Taal,
Batangas issued a Certification to file the case to the court. Certification to file action is attached here as Exhibit “D”.
10. Q: In your complaint you are asking for moral
damages, what are your basis for the said damages?
A: The unjustified refusal of the defendant spouses to
vacate the subject property despite repeated demands upon them that caused me mental anguish, serious anxieties, and sleepless nights.
11. Q: Do you affirm the truthfulness and veracity of this
judicial affidavit?
A: Yes, sir.
12. Q: Do you answer these questions fully conscious that
you do so under oath and that you may be criminally held liable for false or perjury?
A: Yes, sir.
IN WINESS WHEREOF, I have hereunto affixed my
signature this 17th day of September 2020 at Bauan, Batangas.
SUSAN ROXAS Affiant
SUBSCRIBED AND SWORN to before me this 17th day of
September 2020 at Bauan, Batangas. Civil Case No. 3657 Susan Roxas vs. Spouses Juan and Estella Bernabe Judicial Affidavit of Susan Roxas/Page 5 of 5 x------------------------------------------------------------------------------------------------------------------x
ARMAN D. ALIPIT JR Notary Public for and in the Municipalities of Bauan, Mabini, and Taal, Batangas Commission No. 2018-99 Until December 31, 2020 Roll of Attorneys No. 003780 IBP Lifetime No. 0987680/Batangas City MCLE Compliance No. V-09090878,07-11-17 TIN: 200-100-999
ATTESTATION
I, hereby attest that on this 17 th day of September 2020, I
have personally examined the plaintiff Susan Roxas, to the effect that:
1. I faithfully recorded or caused to be recorded the
questions that were asked and the corresponding answer that the witness gave; and
2. That neither I nor any other person then present or
assisting him coached the witness regarding the latter’s answers.
3. That incase of false attestation, I will be subject to
disciplinary action, including disbarment.
Bauan, Batangas, September 17, 2020.
ATTY. ARMAN D. ALIPIT JR
Affiant
SUBSCRIBED AND SWORN to before me this 17th day of
September 2020 at Taal, Batangas. ATTY. DINA MALABO Notary Public Municipality of Taal and Lemery Batangas Commission No. 2019-89 Until December 31, 2021 Roll of Attorneys No. 69696 IBP Lifetime No. 0987680/Batangas City MCLE Compliance No. V-09090009,09-11-19 TIN: 999-111-111
Doc. No.____ Page No. ____ Book No. ____ Series of 2020
