Q: Madam Witness, do you know the respondent in this case, Benjamin Singson?

A: Yes. [S]ir, [respondent] has been my patient since 2003, during his first admission and again [in]
2006, [S]ir.

Q: So, he was confined twice in your facility, [M]adam witness?

A: Yes, [S]ir.

Q: Why was he confined, Madam witness?

A: He was initially confined because of problems with gambling and subsequently because of
[behavioral] problem, [S]ir.

xxxx

Q: What was the cause of his second confinement, Madam [W]itness?

A: Initially, he was able to cope after discharged. However, [in] September of 2006, he knocked on
the doors of the maids in the middle of the night. And in one occasion, he got his car in the garage
and drove out bumping the car parked right across the garage and he [also kept] takfr1g things out
from his cabinet. And if the maids would clean [these], he [would] immediately take them out again.
So, he was brought to the facility in October because of his uncontrolled behavior, [S]ir.

xxxx

Q: So, what [were] your clinical findings on the state of the respondent, Benjamin Singson, Madam
witness?

A: Based on history, mental status examination and observations during his stay, I found that
[respondent] is suffering from pathological gambling. Also, with his history of typhoid fever when he
was younger, it is difficult to attribute the behavioral changes that he manifested in 2003 and 2006.
Aside from pathological gambling, [respondent] is suffering from a personality disorder, [S]ir.

Q: What are the results or symptoms of this personality disorder with [regard] to [respondent's
dealings] with other people, with his wife and his family, [M]adam witness?

A: Your Honor, may I read from my report to refresh my memory.

COURT: Go ahead.

A: Because of his maladaptive behavior, [respondent] sees [sic] his problems which [makes] his
personal[,] family[,] and social life[,] and even his vocational pleasure [suffer]. He was pre-occupied
with gambling, thinking of ways to get money with which to gamble as seen in his stealing and
pawning jewelries and appliances. He needs to amble with increasing amounts of money in
order achieve his desired effects into gambling, [S]ir.

COURT: Your findings, Dr., are incorporated in your report?

A: Yes, Your Honor.

 xxxx

[Cross-examination of Dr. Sta. Ana-Ponio by respondent’s counsel]

Q: Who were the ones who made the examination, Madam witness?

A: I made the examination, [S]ir, and also the psychologist did the psychological testing, [S]ir.

Q: Now, in your opinion as an expert witness, Madam witness, which we would like to request [from]
this Honorable Court, later on, that you present your credentials as expert witness, you concluded
that the respondent is suffering from personality disorder?

A: Yes,[S]ir.

Q: What does this mean in layman’s language, [M]adam witness?

A: Personality disorder is a maladaptive pattern of behavior that has distracted his ability to perform
his functions as a married man to his wife as a father to his children and as a person who is
supposed to be employed productively, [S]ir.47

Judicial affidavit; expanded sample

format
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.

A. NAME AND OTHER PERSONAL CIRCUMSTANCES OF THE WITNESS.

Name : IRENE xxx

Age : xxx;
Address : xxx St., xxx, Rizal;
Occupation : Housewife;
Language : English and Tagalog.

B. 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:

1. 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.
 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. 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.

4. 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.

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. 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 JuezManuel 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 xxxsquare 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 imprescriptibleunder 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.