REPUBLIC OF THE PHILIPPINES

10th JUDICIAL REGION

REGIONAL TRIAL COURT
Branch 30, Surigao City

MARIO DE LA PAZ,
Plaintiff,
Civil Case No._____

-versus-

For: Recovery of Possession

JOSE MENDEZ,
Defendant
x------------------------------------x

JUDICIAL AFFIDAVIT
OF
MARIO DE LA PAZ
This Judicial Affidavit of Mario de la Paz is executed to serve as his
direct testimony in the instant case.
This Judicial Affidavit is being offered: (1) to prove that the Plaintiff
is authorized by the owner of the disputed property to evict any
occupants on the land; (2) to prove that the Plaintiff should be the lawful
possessor of the property; (3) to prove that the circumstances that
occurred would be sufficient to establish bad faith of the Defendant to
have the Plaintiff entitled to Damages; and (4) all related matters, facts
and circumstances relevant and material to this case.
This Judicial Affidavit was taken at the office of Atty. Irene Chris I.
Ecleo at 10th Floor, IEP Business Center, Surigao Business Circle,

Surigao City. QUESTIONS were propounded by plaintiffs counsel, Atty.

Irene Chris I. Ecleo, in English, which the affiant fully understands, while
ANSWERS were given by the witness Mario de la Paz in English.
1.) Q: Please state your name and other personal circumstances for
the record.
A: I am Mario de la Paz, of legal age, married, Filipino, with
residence at Brgy. San Juan, Surigao City.
2.) Q: Are you the same Mario de la Paz , the Plaintiff in this case?
A: Yes Maam, I am.
3.) Q: Mr. de la Paz, how do you know of the Defendant in this case,
Jose Mendez?
A: He is the one who is currently occupying the land I leased from
Mr. Pedro de la Cruz.
4.) Q: Why are you filing a case of Recovery of Possession against
herein defendant?
A: I am filing a case because he has been adamant not to leave
the property being disputed in this case.
5.) Q: How long have you known Mr. Mendez?
A: I just knew of him when after I leased the property from Mr. de la
Cruz, I then knew that he has been occupying the land as an illegal
settler.
6.) Q: Did you ask for help from Mr. de la Cruz?
A: Yes, I did. But since he has given me the right to evict any
occupant of the land, I sent Mr. Mendez a 30-day notice to vacate.
7.) Q: What happened to your Notice?
A: He still did not leave the premises. Up until now.
8.) Q: Did you ask if there was any kind of written contract between
Mr. de la Cruz and Mr. Mendez to support his stand not to leave?
A: Nothing that I know of. Mr. de la Cruz did not mention any
written contract. Mr. Mendez also was not able to show me any
document to support his claim.
9.) Q: What are the effects of Mr. Mendezs constant refusal to vacate
the property on you, Mr. de la Paz?

A: It has caused me to ask the help of a lawyer to settle this

controversy. Also, I should have been making use of the land
already since 2014 but now here I am filing a case to recover
possession.

--------------------Affiant further sayeth naught.

IN WITNESS WHEREOF, I have hereunto set my hand and seal this 20 th
day of March, 2016 at Surigao City, Philippines.

MARIO DE LA PAZ
Affiant
SUBSCRIBED AND SWORN to before me this 12 th day of March 2016 at
Surigao City affiant exhibiting to me his Drivers License No. 12345678
issued on January 8, 2016 at Brgy. Luna, Surigao City.

ATTY. JASON PASCUA

Second Assistant Provincial
Prosecutor

Doc. No.
Page No.
Book
No.
Series of 2016

ATTESTATION
I hereby state, under oath, that I faithfully recorded the questions I asked
and the corresponding answers that the witness gave and that neither I

nor any other person present or assisting me has coached the witness
regarding the latters statement.

ATTY. IRENE CHRIS I. ECLEO

SUBSCRIBED AND SWORN to before me this 12 th day of March 2016 at

Surigao City affiant exhibiting to me his Drivers License No. 12345678
issued on January 8, 2016 at Brgy. Luna, Surigao City.

ATTY. JASON PASCUA

Second Assistant Provincial
Prosecutor
Copy furnished:

Atty. JOEL DAVID

DAVID & DAVID
LAW OFFICES
1234 M. Ortiz Street, Surigao City