Professional Documents
Culture Documents
Supreme Court
MUNICIPAL TRIAL COURT IN CITIES
Branch 01
Pagadian City
SPOUSES FRANCISCO E.
CABRERA, JR. and PERLA
A. CABRERA,
Plaintiffs` CIVIL CASE No. 2622
- Versus - - For -
JUDICIAL AFFIDAVIT
[MRS. VILLAFANNE G. BALLADARES ]
I. PRELIMINARY INFORMATION.
II. OFFER.
1. The identity of the real property subject matter of this case under a lease
contract;
2. The identity of the terms and conditions offered to the lessee BABIER O.
BALLADARES with the said lessee to enjoy the right of first priority;
4. The antecedent facts showing BABIER O. BALLADARES as the lessee and upon
his death transfers his rights and obligations in the lease contract as lessee to
to his surviving wife and children who are now the lessees, in the same manner
that with the death of the original owner, Roberto F. Cabrera, whatever rights
and obligations he had over the property, including his obligation under the
lease contract, were also transmitted to his heirs by way of succession.
5. The unlawful detainer case filed against defendants herein is baseless, both in
law and in fact.
6. Other relevant matters germane to the purpose for which the testimony of
this witness is being offered.
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1.Q - Please state your name, age, residence, and other personal
circumstances.
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 defendants, Atty. LUCIO ORIO TAN, JR., is
conducting or supervising my examination now at his residence located at:
A – Yes.
6.Q - Let us now proceed to the above-entitled case. Do you know the
plaintiffs or the complainants in this case, namely:
b. PERLA A. CABRERA?
A – Yes. They are husband and wife and our neighbors at Purok Sampaloc
A, Balangasan District, Pagadian City where we have been residing since 1978 Up
to the present.
9.Q - By the way Mrs. Witness, you stated earlier that you are a widow, will
you please tell us the name of your husband?
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A – Babier O. Balladares
10.Q -Are you familiar with the real property subject matter of this case?
11.Q - Why do you say that that this residential lot or real property subject
matter of this case, was originally owned by the late Roberto F. Cabrera.
12.Q - What else, if any, can you say regarding this Lot No. 2311-PLS-119
owned by the late Roberto F. Cabrera?
16.Q - When did your husband start constructing your residential building on
the lot subject matter of the case, which was covered by that written lease
agreement?
iii). Building Permit No. 321 under Official Receipt (O.R.) No. 7867816 X-
as Annex “6” and Annex “6-A in our Answer to plaintiffs’ Complaint;
vii). Fire Safety Inspection Certificate dated July 2, 1980 - as Annex “10” in
our Answer to plaintiffs’ Complaint;
ix). Application of Babier O. Balladares with the Pagadian City Water District
for water service connection to his said residential building, dated December 4,
1978, under Official Receipt (O.R.) No. 1087-1088 therein indicated - as Annexes
“12” and “12-A” in our Answer to plaintiffs’ Complaint.
18.Q - What did your husband do then with respect to this residential
building that he erected on the leased lot?
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19.Q - Upon the death of your husband Babier O. Balladares, do you and
your son Roy Gabuan Balladares, to include his wife Lelibeth Pantorilla-Balladares,
continue to live in that residential building standing on the leased lot?
A – Yes, we continue to live there as lessees in the land that was leased
to my late husband, because we know for a fact that upon the death of my
husband, whatever rights and obligation he has over the subject lot as lessee, are
automatically transmitted to us by right of succession.
21.Q - So, what did the heirs of Roberto F. Cabrera do with respect to your
husband’s possession of the subject land as a lessee?
22.Q - What did the heirs of Roberto F. Cabrera do with the real property
subject matter of this case?
A – They caused the transfer of the entire Lot 2311-A-2 to them and thus
obtained title thereto under Transfer Certificate of Title (TCT) No. T-10,096 of the
Registry of Deeds for the City of Pagadian, duly registered in their names,
containing an area of NINETY EIGHT (98) SQUARE METERS. Said Transfer
Certificate of Title (TCT) No. T-10,096 is attached to, and marked as Annex “13”
for the first page and Annex “13-A” for the second page, in our Answer to the
plaintiffs’ Complaint.
A – During this time or on or about the year 1990 or thereabouts, while the
lease agreement aforementioned continue to subsist, exist, survive and keep
going by the continuous payments of monthly rental by my husband BABIER O.
BALLADARES, receipt of which were always expressly acknowledged by the co-
heir LUISA B. CABRERA, over the leased premises (subject matter of the case),
another co-heir FRANCISCO B. CABRERA, together with his wife Juanita P.
Edullantes went to our residential house, purposely to transact regarding the sale
of Lot 2311-A-2 to my husband BABIER O. BALLADARES. While it may be a
recognition on the part of co-heir FRANCISCO B. CABRERA of the right of my
husband, as lessee to exercise his pre-emptive right to purchase the subject
property, as embodied in the aforementioned Letter dated March 4, 1983 (Annex
“4-A” hereof), nevertheless, as my husband was then very much willing to buy the
property, he required the said spouses to produce the title to the property and
that they should also mutually agree on the price of the property subject matter
of the case. At that juncture, the said spouses promised to produce the title to the
property offered for sale and to return and confirm anew with my husband
regarding the price mutually agreeable to both of them. Unfortunately, however,
since then and even up to the death of my husband, the said spouses never
showed up. This particular transaction can be testified to and confirmed by Jose
O. Balladares (younger brother of my late husband BABIER O. BALLADARES) who,
being then present, was able to witness and observe the conversation between
said spouses and my husband Babier O. Balladares. With his Sworn Judicial
Affidavit to be marked, among others, at the appropriate time in connection to
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this case, Jose O. Balladares will be presented as one of the witnesses for all the
defendants in this case.
26.Q - Why do you say that this “JOINT SPECIAL POWER OF ATTORNEY
AUTHORIZING TO SALE” is a dubious document?
27.Q - What more else, if any, can you say regarding this matter?
A – Clothed with the said dubious and counterfeit joint special power of
attorney authorizing to sale (sic.) (Annexes “15” and “15-A”), and in wanton
disregard of our right as lessees to exercise our pre-emptive right over the real
property subject matter of the case, on February 15, 2006, while she used to
personally receive our monthly rental payments, LUISA B. CABRERA sold Lot No.
2311-A-2, Psd-09-016930, under the said title, TCT No. T-10,096 (Annexes “13” &
“13-A”), to include the leased premises subject matter of the case, to plaintiff
PERLA A. CABRERA for the sum of ONE HUNDRED SEVENTY ONE THOUSAND
PESOS (P171,000.00), Philippine currency, to our great damage and prejudice,
considering that we never waived our right to exercise our pre-emptive right,
even as the subject lot was eventually sold to the spouses-plaintiffs herein. A
machine copy of the Deed of Absolute Sale, executed by LUISA B. CABRERA and
PERLA A. CABRERA, in their capacity as Attorney-In-Fact and Vendee, respectively,
is attached to, and marked as Annexes “16” and “16-A” in our Answer to
plaintiffs’ Complaint.
31.Q - So, you would claim now that your possession over the land subject
matter of this case is lawful in your capacity as lessees?
32.Q - Now, are you not aware of the fact that plaintiffs’ title to the subject lot
was issued under the Torrens system and that Torrens title is indefeasible, not
being subject to collateral attack?
A – We are aware of that but by way of exception, the Supreme Court has
ruled that indefeasibility of title does not attach to titles secured by fraud and
misrepresentation; thus, plaintiffs’ title to the subject lot may be subject to
collateral attack for purposes of our defense/s in the instant action.
A – Yes. But before I proceed, Atty. Tan, may I please recount these
circumstances in sequential order?
35.Q - By the way, Mrs. Witness, where were you at that time in these two
separate occasions wherein the aforementioned persons went to see your
husband at your house?
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A – I was around then at our house but I did not just mind them, because I
was then busy cleaning our house, its surroundings and I also attended to some
chores at home. Although, afterward being myself his wife, my husband narrated
to me what actually transpired regarding their offer to sell the subject property to
my husband.
36.Q - Aside from their offer to sell the subject property to your husband,
what could be the reasons that impelled the aforementioned persons to do so.
A – Maybe they respect the terms of the lease contract, in our capacity as
lessees of the lot subject matter of this case, and a recognition on their part of
our right to exercise the pre-emptive right over the same real property, except
the spouses Francisco E. Cabrera, Jr. and Perla A. Cabrera who were moved by an
ulterior motive to sell the subject property to my husband Babier O. Balladares at
gargantuan amount of 1.4 million pesos.
37.Q – And because your husband did not agree to buy the subject lot from
the said spouses at such very huge amount, you were then asked to vacate the
premises by a demand letter?
A – No, we did not obey because that demand letter of the plaintiffs herein
was baseless and overbearing, tyrannical and oppressive, it being an afterthought
of their whims and caprices for the reason that we were unduly deprived of our
pre-emptive rights to purchase the subject property at a reasonable price.
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iii). So, another summons was issued on June 25, 2018, requiring the
parties herein to appear before the Lupon for the last time on June 26, 2018. A
machine copy of a summons dated June 25, 2018, is attached to, and marked as
Annex ”18”, in our Answer to plaintiffs’ Complaint.
v). Be that as it may, though Juanita Cabrera was willing to accept and quite
acquiescent to, our stance on the proposition to the exercise of our pre-emptive
rights to purchase the subject property at an affordable and reasonable price
prevailing in the current market value, Juanita Cabrera forthwith, through a
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mobile phone, called her son Francisco E. Cabrera, Jr. whom her said mother
auspiciously endorsed our proposal. Unfortunately, however, Francisco E.
Cabrera, Jr. strongly scolded his said mother by telling her not to abide by our
wish and, thereupon Francisco E. Cabrera, Jr. requested to have a talk through the
mobile phone with the Lupon official, because Francisco E. Cabrera, Jr. wanted
that a certificate to file action in court be issued at once. In the course of their
casual talk through the mobile phone, exchange of words ensued between them
because it would seem to appear that the Lupon official concerned expressed
annoyance by reason of the arrogance of Francisco E. Cabrera, Jr. To shed light on
this matter, in the higher interest of justice, it is best to request the appearance of
the Lupon official concerned when this case shall be called for hearing on its
merits.
40.Q - What then can you say regarding the issuance of the Certification to
File Action dated July 17, 2018 (Annex “E” of the plaintiffs’ complaint)?
Annex “1” in the Answer, the same to be marked as Exhibit “1” hereof –
Certification issued by Atty. Beverly O. Travero, Clerk of Court V, Office of the
Clerk of Court, Regional Trial Court, Ninth Judicial Region, Multi-Sala Station,
Pagadian City, showing that the late Roberto F. Cabrera, grandfather of herein
plaintiff FRANCISCO E. CABRERA, JR., during his lifetime, filed a cadastral answer
over Lot No. 2311-PLS-119, which was subsequently adjudicated to him on
October 24, 1969;
Annex “2” in the Answer, the same to be marked as Exhibit “2” hereof – A
piece of document evidencing that Roberto F. Cabrera caused the survey of
Lot No. 2311-A, Pls-119, containing an area of 365 Square Meters, more or less,
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which was adjudicated to him. The same was divided into two (2) lots, viz., Lot
2311-A-1 and Lot 2311-A-2. However, this Lot 2311-A-1 was sold by Roberto F.
Cabrera to a certain Ernesto R. Nuevarez while Lot 2311-A-2 remained with his
possession and ownership;
Annex “3” in the Answer, the same to be marked as Exhibit “3” hereof -
Absolute Deed of Sale (Portion), showing payments made by the buyer Ernesto R.
Nuevarez to the co-vendor Roberto F. Cabrera.
Annex “4” in the Answer, the same to be marked as Exhibit “4” hereof -
LOT RENTAL OF A PORTION OF RESIDENTIAL LOT, showing that on November 22,
1978, ROBERTO F. CABRERA and BABIER O. BALLADARES executed a lease
contract renting and occupying only an approximate area of 80 Square Meters,
more or less, of a portion of this Lot 2311-A-2, for a duration or term of two years
renewable for another term upon the expiration of the said contract. Under this
same contract, it was expressly stipulated that the LESSEE shall construct his
residential building on the leased premises. (marking supplied for emphasis)
Annex “4-A” in the Answer, the same to be marked as Exhibit “4-A” hereof -
Letter dated March 4, 1983, which was made an integral part of said LOT
RENTAL OF A PORTION OF RESIDENTIAL LOT, wherein in the said letter, it was duly
noted that “if the Lessee BABIER P. (sic.) BALLADARES is willing to buy at
reasonable price the portion subject of rental agreement xxxx, the lot Owner is
also willing for whatever legal intents or purposes that may serve in their favor
without prejudice to both parties.” (marking supplied for emphasis)
Annex “5” in the Answer, the same to be marked as Exhibit “5” hereof -
Proposed Residential Building of Babier O. Balladares;
Annex “6” and Annex “6-A in the Answer, the same to be marked as Exhibit
“6” and Exhibit 6-A” hereof - Building Permit No. 321 under Official Receipt (O.R.)
No. 7867816 X;
Annex “7” in the Answer, the same to be marked as Exhibit “7” hereof -
Certificate of Completion, showing that the residential building was finally and
actually completed on December 20, 1978;
Annexes “9” and “9-A in the Answer, the same to be marked as Exhibits “9”
and “9-A” hereof - Completion of Construction under Official Receipt (O.R.) No.
7273120 X;
Annex “10” in the Answer, the same to be marked as Exhibit “10” hereof -
Fire Safety Inspection Certificate dated July 2, 1980;
Annexes “11”, “11-A and “11-B” in the Answer, the same to be marked as
Exhibits “11”, “11-A and “11-B” hereof - Certificate of Zoning Compliance under
Official Receipt (O.R.) Nos. 3419086 V and 7273121 X;
Annexes “12” and “12-A” in the Answer, the same to be marked as Exhibits
“12” and “12-A” hereof - Application of Babier O. Balladares with the Pagadian
City Water District for water service connection to his said residential building,
dated December 4, 1978, under Official Receipt (O.R.) No. 1087-1088 therein
indicated;
Annex “13” and Annex “13-A” in the Answer, the same to be marked as
Exhibit “13” and Exhibit “13-A” hereof - Transfer Certificate of Title (TCT) No. T-
JUDICIAL AFFIDAVIT OF
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10,096 of the Registry of Deeds for the City of Pagadian, duly registered in the
name of the heirs of the late Roberto F. Cabrera, and containing an area of
NINETY EIGHT (98) SQUARE METERS;
Annex “15” and Annex “15-A” in the Answer, the same to be marked as
Exhibit “15” and Exhibit “15-A” hereof - “JOINT SPECIAL POWER OF ATTORNEY
AUTHORIZING TO SALE” executed on February 1, 2006 by the alleged heirs of
Roberto F. Cabrera in favor of Luisa B. Cabrera;
Annex 15-B in the Answer, the same to be marked as Exhibit “15-B” hereof -
Death Certificate of the deceased CELSO B. CABRERA, a co-heir, showing that it
was quite impossible for him beyond human imagination to have participated in,
and put his signature above his name on, the “JOINT SPECIAL POWER OF
ATTORNEY AUTHORIZING TO SALE” executed on February 1, 2006 by the alleged
heirs of Roberto F. Cabrera in favor of Luisa B. Cabrera when, as a matter of fact,
this CELSO B. CABRERA had long been dead, sometime in July 17, 1986, as
appearing on the said death certificate;
Annexes “16” and “16-A” in the Answer, the same to be marked as Exhibits
“16” and “16-A” hereof - Deed of Absolute Sale, executed by LUISA B. CABRERA
and PERLA A. CABRERA, in their capacity as Attorney-In-Fact and Vendee,
respectively;
Annex “17” in the Answer, the same to be marked as Exhibit “17” hereof –
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Summons dated June 13, 2018, issued by Punong Barangay Arienel J. Lim of
Barangay Balangasan, Pagadian City; and
Annex “18” in the Answer, the same to be marked as Exhibit “18” hereof –
Summons dated June 25, 2018, issued by Punong Barangay Arienel J. Lim of
Barangay Balangasan, Pagadian City.
A – Yes. I ask that this Judicial Affidavit of mine, consisting of twenty seven
(27) pages be marked as Exhibit “19”, and its sub-Exhibits “19-A” to “19-Z”.
Complaint and all the supporting documents annexed thereto, the same to form
part and parcel hereof.
As Exhibit “23” for the first page and its sub-Exhibit “23-A” for the back
page (attached as Annexes “A” and “A-1 to plaintiffs’ complaint) as our common
exhibits hereof – Transfer Certificate of Title No. T-30,588 (Lot 2311-A-2, Psd-09-
106930) issued in the name of Perla A. Cabrera - to prove that this title is derived
from a void Deed of Absolute Sale [Exhibits “16” and “16-A” hereof] executed by
LUISA B. CABRERA and PERLA A. CABRERA, in their capacity as Attorney-In-Fact
and Vendee, respectively; this deed of absolute sale is void because, except as to
her undivided share of aliquot part, LUISA B. CABRERA as agent/attorney-in-fact,
actually, did not have the written authority of the co-owners to sell the subject lot
to vendee PERLA A. CABRERA due to forgery and lack of consent, first, on the part
of FRANCISCO B. CABRERA because of the striking dissimilarity, obvious to the
eyes, of the signature of this co-heir FRANCISCO B. CABRERA (father of herein
plaintiff Francisco E. Cabrera, Jr) as appearing on the “Joint Special Power of
Attorney Authorizing to Sale (sic.) [Exhibits “15” and “15-A” hereof] compared to
his genuine signature as appearing on the said Letter dated March 4, 1983 (Exhibit
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VILLAFANNE G. BALLADARES - Page 24 -
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“4-A” hereof), in his capacity as witness therein. And second, it was quite
impossible beyond human imagination for the deceased CELSO B. CABRERA, also
a co-heir, to have participated in, and put his signature above his name on, the
said “JOINT SPECIAL POWER OF ATTORNEY AUTHORIZING TO SALE (sic.)” [Exhibits
“15” and “15-A” hereof], executed on February 1, 2006 by the alleged heirs of
Roberto F. Cabrera in favor of Luisa B. Cabrera when, as a matter of fact, this
CELSO B. CABRERA had long been dead, sometime in July 17, 1986, as appearing
on the said Death Certificate of the deceased CELSO B. CABRERA [Exhibit “15-B”
hereof]. It can then safely be concluded that his signature is also a forgery which
rendered the said Joint Special Power of Attorney Authorizing to Sale (sic.) void ab
initio and of no legal effect, as if it does not exist. Thus, Transfer Certificate of
Title No. T-30,588 (Lot 2311-A-2, Psd-09-106930) issued in the name of Perla A.
Cabrera [Exhibits “23” and “23-A”] was secured through fraud and
misrepresentation which may be subject to collateral attack, as an exception to
the rule on indefeasibility of Torrens title, for purposes of our defense that
unlawful detainer does not lie against us. In this connection, I hereby reserve the
right to present additional evidence of forgery and falsification of public
documents, as to the forged signatures therein of two more co-heirs, namely,
Felix B. Cabrera and Carmen B. Cabrera who also died earlier than on February 1,
2006, pending submission of their respective death certificates from the local civil
registry office concerned, and by way of re-iteration, should the evidence so
warrants under the circumstances, we shall not hesitate to institute criminal
actions for forgery and falsification of public documents against those who may
appear to be responsible therefor.
that the affectivity of assessment was made on the quarter of July, 2009 – This
will prove deception on the part of the plaintiffs herein in connivance with Luisa
B. Cabrera who nevertheless personally received rental payments from the lessee
Babier O. Balladares from 2001 to the whole year of 2009 (Exhibit “14” and its sub
Exhibits “14-A” to “14-I”), in order to give semblance of recognition on the right of
defendants herein as lessees, and on their impression of the latter’s right to pre-
emption to buy the subject lot, considering that on June, 2008, Luisa B. Cabrera,
together with her sisters-in-law, as already alluded to in the foregoing, offered to
sell the subject lot to Babier O. Balladares whom Luisa B. Cabrera promised to
show to him the corresponding title to the subject lot with mutual agreement on
the purchase price of the said lot. But it did not push through because Luisa B.
Cabrera did not show up to him anymore. However, subsequently on January,
2018, the plaintiff-spouses Francisco E. Cabrera, Jr. and Perla A. Cabrera appeared
to Babier O. Balladares to whom the subject lot was offered for sale by them at a
very huge price of 1.4 million pesos. It should be noted that for obvious reasons,
Luisa B. Cabrera did not collect rental payments from Babier O. Balladares
beginning 2010 to present but defendants herein just waited that rentals be
collected by her, considering that defendants herein never knew of the
transaction that took place between Luisa B. Cabrera and the said spouses until
lately when the same was discovered by defendants herein, and considering
further that the defendants herein never received any demand to vacate by the
Caberas until only lately in July 26, 2018 when they received a demand letter after
the plaintiff-spouses herein miserably failed in their malicious bid to sell to Babier
O. Balladares the subject property for a gargantuan price at 1.4 million pesos.
A – Yes.
JUDICIAL AFFIDAVIT OF
VILLAFANNE G. BALLADARES - Page 26 -
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I hereby manifest that during the main trial of the merits of this case, we,
the defedants, 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 Answer to plaintiffs’ Complaint.
Nothing Follows.
VILLAFANNE G. BALLADARES
Affiant/Co-Defendant
Community Tax Certificate (CTC) No. 28833633
Issued on January 14, 2019, at Pagadian City
The undersigned ATTY. LUCIO ORIO TAN, JR., of legal age, married, and
with postal office address at Phase I, Purok Mahigugmaon, Vettalea High Land
Homes Subdivision, Barangay Bulatok, Pagadian City, 7016, under oath, deposes
and states:
3. Neither he nor any other person then present or assisting him coached
the witness regarding the latter's answers; and
SUBSCRIBED AND SWORN to before me, this ____ day of January, 2019, at
the City of Pagadian, Philippines, the affiant personally appeared before me, he
being personally known to me to be the same person who conducted or
supervised in the execution of the above judicial affidavit and exhibited to me
competent proof of his identity as above indicated; and avows under penalty of
law to the whole truth of the contents of the attestation.