REPUBLIC OF THE
PHILIPPINES
xxx Judicial
Region
REGIONAL TRIAL COURT
xxx, Rizal
Branch No. xx
HEIRS
OF SPS. SERAFIN xxx
AND
LUZ xxx, SPS.
LUZ
xxx AND
SERAFIN
xxx; and
Xxx
RESORT,
INCORPORATED, Civil
Case No. xxx
Plaintiffs,
-
versus
– For:
Annulment of Transfer
Certificate
of Title No.
LEONORA
xxx, xxx;
Etc.
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.
- NAME AND OTHER PERSONAL
CIRCUMSTANCES OF THE WITNESS.
Name : IRENE xxx
Age : xxx;
Address : xxx St., xxx, Rizal;
Occupation : Housewife;
Language : English
and Tagalog.
- LAWYER WHO CONDUCTED OR
SUPERVISED THE EXAMINA TION OF THE WITNESS.
Name :
Atty. MANUEL J. LASERNA
JR.
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.
The identity of the real property subject matter of
this case;
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.
The identities of the legal heirs/plaintiffs claiming
the subject property;
6.
The identities of the predecesors-in-interest/decedents
of the said legal heirs/plaintiffs;
7.
The legal bases for the claim/prayers of the
plaintiffs.
III.
JUDICIAL
AFFIDAVIT PROPER.
I, IRENE
XXX, xxx years old, married, Filipino, and residing at xxx St., xxx, Rizal,
under oath, depose:
- 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.
- 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.
- Q- For
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.
- Q – In what language do you want
your examination to be conducted?
A – This
judicial affidavit is prepared in English.
But I prefer that my cross
examination be conducted in
Tagalog for my convenience and for clarity.
- Q – Do you undertake to answer the
questions to be asked of you, fully conscious that you will do so under
oath, and that you may face criminal liability for false testimony or
perjury?
A
-Yes.
6.
Q – Let us now proceed to the Complaint. Do you
know the
plaintiffs “Heirs of (the deceased) Sps. Serafin Xxx and Luz Xxx-Xxx (Heirs of the
Sps. Xxx)”, namely:
a. Josefina
Xxx and
b. The children of Jose Manuel Xxx, namely:
i.
Ken
Jefferson Xxx,
ii.
Kate
Jennelyn Xxx,
iii.
Katty
Jane Xxx, and
iv.
Kris
Jennifer Xxx?
A – Yes. They are relatives of mine.
7.
Q – Do you the plaintiffs “Heirs of (the
deceased) Sps. Luz
Xxx-Xxx and Serafin Xxx”, namely:
a. Irene Xxx Xxx and
b. Yvette O. Xxx?
A - Yes.
I am Irene A. Xxx. Yvette O. Xxx is my sister.
8.
Q
- Do you know the plaintiff “xxx
RESORT,
INCORPORATED”, represented in this case by
its President
xxx FLORANTE xxx?
A – Yes.
Xxx Resort Inc., thru its President, xxx Florante
Xxx, has bought from the plaintiffs the
real property subject matter of this case.
9.
Q
- Do
you know the defendant in this case, LEONORA
XXX?
A – Yes. She is a relative of my mother’s
first husband.
My deceased mother was LUZ XXX VDA. DE XXX.
Her first husband was SERAFIN XXX
(deceased).
10. Q - Why are your testifying in this case?
A – I am
testifying in this case as an heir of the deceased Sps. Luz
Xxx-Xxx and Serafin Xxx.
I am a co-plaintiff in this case.
This case is for:
a. Annulment of Transfer of Certificate of
Title No. xxx registered in the name of defendant LEONORA XXX (“Xxx”),
and all persons acting under her authority, covering a parcel of land located in Barrio
Balimbing, Municipality of Xxx, Rizal (“subject
property”);
b. Accion
Reivindicatoria or
recovery of the ownership of the subject property from defendant XXX and
persons acting under her authority in favor of XXX RESORT as the BUYER of the
subject property from the plaintiffs;
c. Recovery of the possession of the subject
property from defendant XXX and persons acting under her authority in favor of XXX
RESORT as the BUYER of the subject property from the plaintiffs;
d. DAMAGES based on the provisions of ABUSE OF RIGHT (pursuant to Articles 19 and
20 of the Civil Code) and TORT or QUASI
DELICT and TORT/DAMAGES (pursuant to Article 2176 and the damages provisions of the Civil
Code).
11.
Q - Are you familiar with the real property
subject matter of this
case?
A - Yes. I live
in Xxx, Rizal, where the subject pr0perty is also
located and I always visit the subject
property.
12. Q
- Can you describe the subject property?
A - Yes. The subject
property is a parcel of land registered in the
name of the defendant XXX under Transfer of Certificate of Title (TCT) No. xxx,
issued by the Registry of Deeds of the Province of Rizal on xxx, 1981.
It is covered by Tax Declaration No. xxx in the name of defendant Xxx with an
assessed value of Pxxx.
It has an area of xxx SQUARE METERS, more or less.
13. Q
- Are you familiar with the
history of the land title of the
subject pr0pety registered in the name of
the defendant
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 Juez Manuel 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?
A - The
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 under Certificate 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?
A - On 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 - Pelagia Xxx died
on xxx, 1957.
19. Q – Who were the heirs of the deceased Sps.
Juez
Manuel Xxx and
Pelagia Xxx?
A – The heirs of
the deceased Spouses Juez Manuel Xxx
and
Pelagia Xxx was their only surviving child and their only heir
Serafin Y. Xxx.
As the only surviving child and the only heir of the deceased
Sps. Juez Manuel Xxx and Pelagia Xxx, Serafin Xxx inherited the abovementioned parcels of land owned by his deceased parents.
20. Q – What
legal instrument did Serafin Xxx execute
to cause the transfer of the ownership of
the estate of his deceased parents in his name?
A - In xxx 1958,
Serafin Xxx executed an Affidavit of
Adjudication.
21. Q - What happened next?
A - On
November 10, 1958, Transfer Certificate
of Title
(TCT)
No. xxx was issued by
the Registry of Deeds of the Province of Rizal in the name o Serafin Xxx.
22. Q
– Do you know the wife of Serafin Xxx?
A – Yes.
Serafin Xxx married Luz Xxx on xxx,
1952 in Cardona, Rizal.
23. Q - When did Serafin Xxx die?
A - Serafin Xxx died on xxx, 1958.
24. Q – Who were the legal heirs of Serafin Xxx?
A - The
legal heirs of Serafin Xxx heirs were his
widow Luz Xxx Vda de Xxx and their two
(2) children Josefina Xxx and Jose Manuel Xxx.
25. Q – How
did the legal heirs of the deceased Serafin Xxx
partition his estate?
A – The
parcel of land covered by TCT No. xxx
registered in the name of Serafin Xxx, married to Luz Xxx, with an
area of xxx square meters, was subsequently
divided into three parcels, with separate three (3) titles, in the names
of Luz Vda De Xxx – 1/3; Josefina Xxx – 1/3; and Jose Manuel Xxx – 1/3, to wit:
a. Luz Vda. De Xxx - TCT No. xxx with an
area of xxx square meters
(representing her conjugal share plus her legitime from the estate of her
deceased husband Serafin Xxx);
b. Josefina Xxx - TCT No. xxx with an area of xxx square meters (representing her
legitime from the estate of her deceased father Sarafin Xxx); and
c. Jose Manuel Xxx - TCT No. xxx with an area of xxx square meters (representing his
legitime from the estate of her deceased father Sarafin Xxx).
The Plan of Subdivision Survey made for the
estate of the deceased Serafin Xxx (TCT No.xxx) was made by Private Land
Surveyor Julian B. Santos in 1959.
26. Q - Are you familiar with the parcel of land
covered TCT No. xxx in the name of Luz Vda. De Xxx, the widow of Serafin Xxx?
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.
A - At 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?
A - Yes. 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?
A - During the
lifetime of the deceased Gregoria Xxx Xxx
she caused the execution of three (3) simulated and void
Deeds of Absolute Sale covering the
parcel of land registered
under TCT
No. xxx with an area of xxx square
meters, to wit:
a. Deed
of Absolute Sale, dated xxx, 1974,
allegedly executed by Luz Xxx Vda De Xxx
in favor of Gregoria Xxx Xxx for Pxxx covering her one-third share on
the parcel of land covered by TCT No. xxx.
b. Deed
of Absolute Sale, dated xxx, 1977,
allegedly executed by Josefina Xxx in
favor of Gregoria Xxx Xxx for Pxxx covering her one-third share on the parcel of
land covered by TCT No. xxx.
c. Deed
of Absolute Sale, dated xxx,
1979, allegedly executed by Jose Manuel Xxx
in favor of Gregoria Xxx Xxx for Pxxx covering his one-third share on the
parcel of land covered by TCT No. xxx.
30. Q – Why
do you say that the said three (3) deeds of sale (c. 1974, 1977, and 1979) were void and simulated?
A - The reasons are as follows based on our family
records:
a. The alleged signature of Luz Vda De Xxx
on the alleged Deed of Absolute Sale, dated XXX, 1974 was not the true signature of Luz Xxx Vda De Xxx.
Thus, the alleged signature of Luz Xxx
Vda De Xxx was a forgery.
The said Deed of Absolute Sale is NULL
and VOID ab initio and INEFFECTIVE
for lack of consent.
b.
Moreover,
the alleged consideration of Pxxx for the sale of the 1/3 share of Luz Xxx Vda
De Xxx on the parcel of land under TCT No. xxx was not paid by Gregoria Xxx Xxx.
The said Deed of Absolute Sale is
rendered NULL and VOID ab initio and
INEFFECTIVE for lack of consideration.
c.
The
alleged signature of Jose Manuel Xxx
on the alleged Deed of Absolute Sale, dated xxx, 1979 IS NOT the signature of Jose Manuel Xxx.
Thus, the said alleged signature of Jose
Manuel Xxx was a forgery.
The said Deed of Absolute Sale is NULL
and VOID ab initio and INEFFECTIVE
for lack of consent.
d.
Further,
the alleged consideration of Pxxx for the sale of the 1/3 share of Jose Manuel Xxx in the land covered by TCT
No. xxx was not paid by Gregoria Xxx Xxx.
The said Deed of Absolute Sale is
rendered NULL and VOID ab initio and
INEFFECTIVE for lack of consideration.
e. The signature of Josefina Xxx on the Deed of Absolute Sale, dated xxx, 1977 WAS NOT
VOLUNTARILY AFFIXED by her as she was INFLUENCED (and was not in a position to
decline) to sign the same by her aunt Gregoria Xxx.
The said Deed of Absolute Sale is NULL
and VOID ab initio and INEFFECTIVE
for lack of consent.
f.
Moreover,
the alleged consideration of Pxxx for the sale of the 1/3 share of Josefina Xxx
on the parcel of land under TCT No. xxx was not paid by Gregoria Xxx Xxx.
The said Deed of Absolute Sale is
rendered NULL and VOID ab initio and INEFFECTIVE for lack of consideration.
31. Q – What happened next?
A – Based on the aforecited
three (3) Deeds of Absolute Sale,
TCT
No. xxx was issued in
the name of Gregoria Xxx
Xxx by the Registry of Deeds of the Province
of Rizal on
December 9, 1980.
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 - Did
the Sps. Luz Xxx and Serafin Xxx have
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?
A - The 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. He legal heirs were the following:
a. Her second husband Serafin Xxx;
b. Her children and grand children from her first marriage:
b.1. Josefina Xxx; and
b.2. The children of Jose Manuel Xxx:
·
Ken
Jefferson Xxx;
·
Kate
Jennelyn Xxx;
·
Katty
Jane Xxx; and
·
Kris
Jennifer Xxx.
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. Josefina Xxx - xxx square meters;
b. Children of Jose Manuel Xxx, sharing equally
among them:
·
Ken
Jefferson Xxx,
·
Kate
Jennelyn Xxx,
·
Katty
Jane Xxx, and
·
Kris
Jennifer Xxx
-
xxx square meters;
c. Irene Xxx-Xxx - xxx square meters;
d. Yvette Xxx - xxx square meters.
The total of the above sharing is xxx square meters.
42. Q – What is the relation of Xxx Resort to
the subject property?
A - The plaintiffs Heirs of Sps. Xxx have sold the
subject
property to the XXX RESORT, INC.,
represented by its
President xxx FLORANTE XXX, as contained in the “Deed
of
Extrajudicial Partition; with Deed of Absolute Sale; Waiver of
Rights; and Special
Power of Attorney, dated xxx, 2012.
In the said deed, the plaintiffs have
also executed a special power
of attorney in favor of xxx Xxx and the
lawyers for the
plaintiffs, Atty. Manuel Laserna Jr.
and/or Atty. Myrna
Mercader to represent them in all stages
of this case.
43. Q – What reliefs do you seek from the
Court?
A – We seek the following reliefs:
a. 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 DEFENDANT’S 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-JJ” of 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. “N” hereof – 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”.
46. Q – Anything else?
I hereby introduce the following
additional exhibits to prove the forgery, lack of consideration, and lack of
consent of Luz Xxx Vda. De Xxx, Jose Manuel Xxx, and Josefina O. Xxx regarding
the void and simulated 1974, 1977 and 1979 deeds of sale that they executed in
favor of Gregoria Xxx, to wit:
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) Exh. “ZZ” – “Kasulatan Ng Sanglaan”, dated xxx 1960, executed by Luz Xxx.
It
shows the true signature of Luz Xxx.
c) Exh.
“AAA” – “Signature of
Jose Manuel Xxx on his Catholic Cursillo prayer guide called “Gabay Ng Manglalakbay”, c. 1980s.
d) As to the signature of Josefina O. Xxx in the questioned 1977
deed of sale, the same was true, but she signed it under the influence of
Gregoria Xxx and without any consideration.
At that time, she had just recovered from
a 6-month coma at the intensive care unit of the old xxx Hospital, xxx City,
after a serious head injury caused by a vehicular accident.
47. Q- Anything else?
A
- Yes.
I hereby adopt into this judicial affidavit, by incorporation and reference, all the allegations and arguments
contained in our Complaint and all the supporting documents annexed thereto,
the same to form part and parcel hereof.
48. Q
- Anything else?
A – Yes.
I hereby manifest that during the main trial of the merits
of this case, we, the plaintiffs, intend to file a motion for questioned document and handwriting examination by the
National Bureau of Investigation (NBI) of all questioned documents and
signatures involved in this case, as discussed above.
I further manifest that, during the trial
on the merits of this case, we intend to present additional corroborating
witnesses to prove our claims and prayers
in the Complaint.
49. Q – Why did it take you and your
co-plaintiffs more than 30 years before you filed a case in court against the
defendant Xxx to assert your rights in the subject property?
A – We did not have the
financial resources and the clout to launch a legal fight against the rich and
influential Xxx Family to recover the subject property.
When we sold our rights and
interest in the subject property to Xxx Resort, Inc. three (3) years ago that
was the only time we acquired the necessary resources and courage to commence
this action with the support.
Furthermore, the said delay
should not be taken against us.
We believe that a void and
simulated contract, as in this case, is invalid ab initio and that the action to nullify it is imprescriptible under the Civil Code and existing jurisprudence,
hence, as far as we are concerned, the defense of laches is inapplicable.
Nothing Follows.
X x x City, xxx, 2015.
IRENE
A. XXX
Affiant/Co-Plaintiff
SUBSCRIBED
and sworn to before me in xxx City on xxx ____, 2015, affiant showing his/her
competent proof of identity, to wit: Comelec
VIN xxx.
Notary
Public
Doc. No. __
Page No. __
Book No. __
Series of 2015.
IV.
EXHIBITS
ATTACHED TO THE JUDICIAL AFFIDAVIT.
·
Exh. “A” to Exh. “AAA”, supra.
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.
He is the Legal Counsel for the plaintiffs in the
above-entitled case;
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 Cueva-Mercader Law Offices, Unit 15, Star Arcade,
C.V. Starr Ave., Philamlife Village, Las
Pinas City 1740.
xxx
City, xxx, 2015.
Atty. MANUEL J. LASERNA JR.
Affiant
SUBSCRIBED
and sworn to before me in xxx City on xxx _____, 2015, affiant showing his/her
competent proof of identity, to wit: SSS
Member ID No. xxx.
Notary
Public
Doc. No. ___
Page No. ___
Book No. ___
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
Register of Deeds of Rizal Province
Office of the Register of Deeds
Of Rizal Province
Binangonan, Rizal
Reg.
Rec. No.
Date 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.
