Republic of the Philippines

REGIONAL TRIAL COURT

THIRD JUDICIAL REGION
Branch 90, Baler, Aurora

SPS. ROGELIO LLAMES and

ADORACION LLAMES,
Plaintiff, CIVIL CASE NO. 1007
- versus - FOR: Recovery of Possession
with damages
LAURIANA DELA CRUZ,
Defendant.

JUDICIAL AFFIDAVIT

WITNESS is being assisted by the undersigned counsel in executing this judicial

affidavit. He is being presented to prove that he was the previous tenant and tiller
of a parcel of agricultural land located at Brgy. Puangi, Dipaculao, Aurora since
the year 1966 until the same was taken over from him by means of fraud and
machination by the Defendant sometime in 1998. He will identify documents; and
to prove other matters in relation thereto.
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1. QUESTION
Mr witness, can you tell us your name, age, and other personal
circumstances.
ANSWER
I am DANIEL PAULO y Aquino, of legal age, married, and presently
residing at Brgy. South Poblacion, Dipaculao, Aurora.

2. Q: Why are you here in this proceeding?

A: To testify in the case of Sps. Rogelio Llames and Adoracion Llames
relative to a parcel of agricultural land which I tilled since the year 1966
until sometime in the year 1998 when Lauriana Bebeng Dela Cruz took it
over from me through fraud and machination.

3. Q: I would like to remind you Mr Witness that your statement is under oath
and that you may be facing criminal liability for false testimony or perjury
once you make false and untruthful statements, do you understand it?
A: Yes sir, I understand.

4. Q: Who is the owner of that parcel of agricultural land that you are mentioning,
Mr. Witness?
A: It was owned by Ms. Marcela Urfano but now Spouses Rogelio and
Adoracion Llames have title over it.

5. Q: What made you said that Lauriana Dela Cruz took it over from you through
fraud and machination?
A: Sometime in the year 1998, Ms. Marcela Urfano told me that she already
sold that parcel of agricultural land to an Igorot, who later came to me and
ordered me to vacate it. I declared to the Igorot that I was the one who
opened and tilled the land for so many years and I will not vacate it unless
he would give me at least Php20,000.00. He paid me that amount in front
 of Lauriana Dela Cruz and several other Igorots but I was not required by
the Igorot to vacate it at once because the sale was not yet consummated.

6. Q: Where is the fraud and machination there, Mr. witness?

A: It is like this sir, after several months the Igorot and his companions
including Ka Bebeng Dela Cruz returned and demanded the return of the
Php20,000.00 that he gave me. I told the Igorot that I already used the
money and I could not pay him at once. Ka Bebeng butted in and said that
she would lend me money to pay the Igorot and she also told me that she
would be the one buying the property as she already talked to Ms. Urfano.

7. Q: What was your response then?

A I accepted the proposal of Ka Bebeng and we made an agreement that I
borrowed Php20,000.00 and that I will voluntarily vacate the property with
right to reoccupy the same once I could give her back the money.

8. Q: What happened next after that?

A I voluntarily vacate the property sir as agreed but when I was able to raise
the money and returned to Ka Bebeng to repossess it, she told me in front
of my sister, Aurea Ventura that she already bought the propery from Ms.
Urfano.

9. Q: What did you do then, if any?

A I did not insist and left believing that Ka Bebeng was telling the truth.

10.Q: Did you find out if she was telling the truth?
A I found out only last year that she was not telling the truth as Spouses
Rogelio and Adoracion Llames were the one who purchased the property
and they have already title over it.

11.Q: Do you remember having executed any document in relation to your

testimony today?
A Yes sir, I executed a sinumpaang salaysay and this judicial affidavit.

12.Q: If that sinumpaang salaysay and judicial affidavit will be shown to you will
you be able to identify them?
A Yes sir, and I believe the copies of those documents were already part of
the case records.

13.Q: Would you like those documents be presented in this proceedings and to
be marked as exhibits for the plaintiff?
A Yes sir.

14.Q: In the meantime, I have no more question to ask Mr. Witness, do you have
something to add or deduct from the statements you have just given?
A No more sir.

15.Q: Do you affirm and confirm that all your statements are true and correct to
the best of your knowledge?
A Yes, sir.

DANIEL A. PAULO
Affiant
 SUBSCRIBED AND SWORN to before me this __ day of March 2013 in
Baler, Aurora. I CERTIFY that I have examined the affiant and I am convinced
and satisfied that he voluntarily executed and understood his judicial affidavit.

SWORN ATTESTATION

THIS IS TO CERTIFY that the undersigned counsel has conducted and

supervised the examination of the witness and that:

1. He faithfully recorded or caused to be recorded the questions he asked

and the corresponding answers that the witness gave; and

2. Neither he nor any other person then present or assisting him coached
the witness regarding the latters answers.

IN WITNESS WHEREOF, he affixes his signature this ___ day of March

2013 in Baler, Aurora.

ATTY. NICASIO M SALAMERA

Assisting Counsel

SUBSCRIBED AND SWORN to before me this ___ day of March 2013 in

Baler, Aurora, Philippines.