REPUBLIC OF THE PHILIPPINES

xxx Judicial Region

REGIONAL TRIAL COURT
xxx, Rizal
Branch No. xx

BENJIE PARAS and KOBE PARAS, Civil Case No. xxx

Plaintiffs,

- versus – For: Annulment of Transfer

Certificate of Title No.
SPS. HAULO xxx, 1234; 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. 1-3-5-7, May 21, 2018)

I. PRELIMINARY INFORMATION.

A. NAME AND OTHER PERSONAL CIRCUMSTANCES OF THE WITNESS.

Name : KOBE PARAS

Age : 23;
Address : Chico St., Rizal;
Occupation : Student;
Language : English and Tagalog.

B. LAWYER WHO CONDUCTED OR SUPERVISED THE EXAMINA TION

OF THE WITNESS.

Name : Atty. Ei Bee Sy

Address : Ei Bee Sy Law Firm, Unit B, Manila Residences, Taft Avenue, Manila

Place of Examination: Ei Bee Sy Law Firm, Unit B, Manila Residences, Taft Avenue, Manila
II. OFFER.

The testimony of the witness Kobe Paras 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, KOBE PARAS, 23 years old, single, Filipino, and residing at Chico St., Rizal, under oath,
depose:

1. Q – Please state your name, age, residence, and occupation of the witness.

A– I am KOBE PARAS, 23 years old, singe,

residing at Chico St., Rizal, and a student.

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. 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. Ei Bee Sy,

is conducting or supervising my examination now at her law office Ei Bee Sy Law Office,
Unit B, Manila Residences, Taft Avenue, Manila
 4. Q – In what language do you want your examination to be conducted?

A– This judicial affidavit is prepared in English.

5. 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. Haulo?”

A – Yes. They are my father’s friends.

7. Q - Why are your testifying in this case?

A– I am testifying in this case as an heir of the deceased Sps. Paras

I am a co-plaintiff in this case.

This case is for:

a. Annulment of Transfer of Certificate of Title No. 1234 registered in the name of defendant Sps.
Haulo, and all persons acting under her authority, covering a parcel of land located in Barrio
Balimbing, Municipality of Cainta, Rizal;

b. Accion Reivindicatoria or recovery of the ownership of the subject property from defendant Sps.
Haulo, and persons acting under her authority in favor of Heirs of Paras, of the subject property
from the defendants;

c. Recovery of the possession of the subject property from defendant Heirs of Haulo, and persons
acting under her authority in favor of Heirs of Paras, as real owners 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).

8. Q - Are you familiar with the real property subject matter of this
case?

A- Yes. I live in Cainta, Rizal, where the subject property is also located near our ancestral
house.
9. Q - Can you describe the subject property?

A - Yes. The subject property is a parcel of land registered in the

name of the defendant 123 under Transfer of Certificate of Title (TCT) No 1234, issued by the
Registry of Deeds of the Province of Rizal on 2002.

It has an area of 450 SQUARE METERS, more or less.

. 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 about the history of the subject property. I was
assisted in the research and investigation by my brother, Benjie Paras, and the lawyers for the
plaintiffs, the Ei Bee Sy Law Offices.

10. Q – Who is the deceased Thor Paras?

A- The deceased Thor Paras is the grandfather of the defendant.

He was the original registered owner of a parcel of land under Certificate of Title No. 123 by the
Register of Deeds of the Province of Rizal, pursuant to a Sales Patent No. 143 issued on 1927,
located in Cainta, Rizal with an area of 450 square meters.

11. Q – When did Rico Paraz die?

A – Rico Paraz died on January 20, 2001.

12. Q – When did Angela Lapuz die?

A- Angela Lapuz died on Feb. 10, 2003.

13. Q – Who were the heirs of the deceased Sps. Paraz?

A– The heirs of the deceased Spouses Paras were their surviving children Benjie and Kobe
Paras.

As their surviving children, and theheir of the deceased Sps. Paraz, inherited the abovementioned
parcels of land owned by his deceased parents.
14. Q – What legal instrument did Kobe Paras execute
to cause the transfer of the ownership of the estate of his deceased parents in his name?

A- In 2000, Kobe Paras executed an Affidavit of

Adjudication.

15. Q - What happened next?

A- On September 10, 2000, Transfer Certificate of Title

(TCT) No. 1234 was issued by the Registry of Deeds of the Province of Rizal in the names of
Kobe and Benjie Paras.

16. Q – Do you know the wife of Benjie Paras?

A– Yes. Benjie married Jackie in 1999, in Cardona, Rizal.

17. Q – What reliefs do you seek from the Court?

A – We seek the following reliefs:

a. The annulment of TCT No. 1234 registered in the name of defendant Spouses Haulo.

b. The recovery of the ownership (accion reinvindicatoria) of the subject property from defendant
Spouses Haulo (and those acting under her authority) in favor the plaintiffs Heirs of Sps. Paras.

c. The recovery of the possession of the subject property from defendant Sps. Haulo (and those
acting under her authority) in favor of the plaintiffs Heirs of Sps. Paraz.

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.

18. 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.”

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.

19. 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 15 years before you filed a case in court
against the defendant 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 Haulo Family to recover the subject property.
 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.

Cainta, Rizal, May 21, 2018.

KOBE F. PARAS
Affiant/Co-Plaintiff

SUBSCRIBED and sworn to before me in Rizal City on May 20, 2018, 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. EI BEE SY., of legal age, singe, and with law office Unit B, Manila
Residences, Taft Avenue, Manila

1. She is the Legal Counsel for the plaintiffs in the above-entitled case;

2. She faithfully recorded or caused to be recorded the questions she asked and the
corresponding answers that the above-named witness gave;

3. Neither she nor any other person then present or assisting her coached the witness regarding the
latter's answers; and
4. She conducted the examination of the witness at his law office located at Unit B, The Manila
Residences, Taft Avenue, Manila

Rizal City, May 21, 2018.

Atty. Ei Bee Sy
Affiant

SUBSCRIBED and sworn to before me in xxx City on May _____, 2018, affiant showing
his/her competent proof of identity, to wit: SSS Member ID No. 999999999.

Notary Public

Doc. No. ___

Page No. ___
Book No. ___
Series of 2015.

Copt Furnished:

Xxx LAW OFFICES

Counsel for Defendant Heirs of deceased Sps. Haulo
123rd floor,
Unit 5B,
Aria Conominium,
BGC, Taguig 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
Heirs of Sps. Haulo, 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.

Ei Bee Sy