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Republic of the Philippines

MUNICIPAL CIRCUIT TRIAL COURT


Second Judicial Region
BRANCH 01
Cordon-Dinapigue, Isabela

Lolita Rosario,
Plaintiff,
Civil Case: 1-17-002
For: Ejectment (Forcible
Entry)

- versus –

Anita Ofeciar and Amado Ofeciar,


Defendants.
x--------------------------------------------------------x

JUDICIAL AFFIDAVIT
(Pursuant to SC A.M. No. 12-8-8-SC)

I, LOLITA O. ROSARIO, of legal age, married, Filipino, and


residing at P-IV, Taringsing, Cordon, Isabela, after having been duly
sworn to in accordance with law in answer to the questions asked of
me by Atty. Grester John A. Fernandez in his office at National
Highway, Laurel, Cordon, Isabela, on January 25, 2019 at 11:00 A.M.
fully conscious that I do so under oath and that I may face criminal
liability for false testimony or perjury hereby depose and state:

Q: How are you related to LOLITA O. ROSARIO, the plaintiff in Civil


Case No. 1-17-002 before the Municipal Trial Court in Cities of
Santiago for Forcible Entry against Anita Ofeciar and Amado
Ofeciar?
A: I am the same.

Q: Do you know defendant Anita Ofeciar?


A: Yes. Anita Ofeciar is my sister. She is the eldest among us siblings.

Q: Do you know defendant Amado Ofeciar?


A: Yes, defendant Amado Ofeciar is my brother. He is the youngest
among us siblings.

Q: When did you take possession of the subject property?


A: Since 2000, when our father, Mamerto Ofeciar, became ill and
cannot till the land. Since then, I was the one occupying the subject
property.

Q: Were the Defendants, Amado and Anita in possession of the


subject property too?
A: No. Amado opted to manage our fish ponds and Anita occupied
the mango farm.

Q: Did you have problem with the arrangements?


A: None. We even had an extrajudicial settlement of estate,
including the subject property, after the death of our father in 2015.

Q: Was the Extrajudicial Settlement of estate duly executed in


accordance with law?
A: Yes. We were assisted by Atty. Gideon Salatan in the preparation
and execution of the document.

Q: Did Amado and Anita agree to the Settlement?


A: Yes. They maintained possession and ownership of their respective
properties, the fish pond and the mango farm, respectively.

Q: How were the defendants Amado and Anita Ofeciar able to


occupy the property?
A: I was abroad that time. I left the property to the care of Antonio
Ramos to continue tilling the land under a lease contract. They told
Antonio that they want to till the land as co-owners and eventually
evicted him.

Q: Did Antonio tell you about the matter?


A: Yes, after he was stopped by Amado and Anita from tilling the
land on December 2018.

Q: What did you do after learning about the actions of Amado and
Anita?
A: I came home and confronted them in the Barangay Lupon of
Taringsing, Cordon, Isabela.

Q: Did you settle the problem before the Barangay?


A: No. Amado and Anita wants to take possession of the subject
property.

Q: What did you do after the Barangay Conciliation failed?


A: I sought the assistance of Atty. Salatan to defend my rights
against my brother and sister.
Q: What did you do next after seeking the assistance of Atty.
Salatan?
A: I wrote a letter to Amado and Anita to vacate the subject
property and to account the harvests they have gathered since the
year 2017, and to return possession of the subject property to me.

Q: Do you have proof that you sent letters to them?


A: Yes. I sent the letters in a registered mail. I have the proof of
service and receipt and the copy of the letter.

Q: What step did you take after the refusal of the defendants to
vacate the subject property despite demand?
A: I filed this action against the defendant in this case for Forcible
Entry before the MTC Cordon.

Q: In your complaint you are asking for the accounting of the


harvest from the subject property since 2017, how much is your claim
for the said harvests?
A: The contract I signed with Antonio Ramos was 20,000.00 per
cropping, and the subject property is capable of making two
cropping in a year.

Q: Finally, do you know why you are executing foregoing sworn


statement in this case?
A: Yes. I am executing this sworn statement to be adapted as my
direct examination in this case to prove my causes of action for
Forcible Entry against the defendants in the above entitled case,
and this Judicial Affidavit be marked as Exhibit –“B”.

IN WITNESS WHEREOF, I hereby affix my signature this 30th day of


July 2014, in the Quezon City.

LOLITA O. ROSARIO
Affiant

ATTESTATION
I hereby attest that on this 25th day of January 2019, I have
personally examined the plaintiff LOLITA O. ROSARIO; and that I
have faithfully recorded or caused to be recorded the questions
asked and the corresponding answers thereto made by her. I further
attest thatI nor any other person herein present, or assisting me,
never coached LOLITA O. ROSARIO regarding her answers.

Cordon, Isabela. January 25, 2019.

GRESTER JOHN A. FERNANDEZ


Lawyer- affiant
Counsel for Plaintiff
Laurel, Cordon, Isabela
Contact No. 09175070098
ROLL No. 03270228
P.T.R. NO. A-07100715-1/3-8-2014 Isa

SUBSCRIBED AND SWORN to before me this 25th day of January


2019 in Cordon, Isabela. Affiant exhibited to me their identification
cards bearing their photograph and signature, as follows:

Name: Issued by/ID No.:


LOLITA O. ROSARIO SSS ID – No 12-1845
GRESTER JOHN A. FERNANDEZ IBP No. – 1107015

known to me to be the same persons who executed the foregoing


document.

WITNESS MY HAND AND SEAL on the date and at the place first
above-written.

ATTY. JIMMY I. PERU


Notary Public
My Commission Expires Dec. 31, 2019
Roll of Attorney No. 34567
IBP No. 12345/2-5-12/Santiago
PTR No. 87654/12-22-11/Santiago

Doc. No. 10 ;
Page No. 001 ;
Book No. 01 ;
SERIES of 2019.
Copy Furnished:
Personal Service
ATTY. DANAE CASSANDRA CABRADILLA
Counsel for Defendant Amado Ofeciar and Anita Ofeciar
GORIN AND ASSOCIATES LAW OFFICE
Villasis, Santiago City
Contact No. 09368877545