REPUBLIC OF THE PHILIPPINES

FOURTH JUDICIAL REGION

REGIONAL TRIAL COURT
BATANGAS CITY, BRANCH 54


SPS. CARLOS AND FELY LEOBRERA,
Doing business under the name and style of
CARFEL SHELL EXPORT,
Plaintiffs,

CASE NO. 8262
versus FOR: DAMAGES


BANK OF THE PHILIPPINE ISLANDS,
Defendant.
x ------------------------------------------ x


J UDI CI AL AF F I DAVI T OF
E RNE S TO V. P E RE Z

This Judicial Affidavit of ERNESTO V. PEREZ, witness for the
Defendant, is executed to serve as his direct testimony, or part
thereof, in the instant case.

This Judicial Affidavit is being offered to:

A) Prove witness lawful ownership of the subject Paraaque
City property in the abovementioned case;

B) Prove Malcolm E. Santiagos prior ownership of the said
property;

C) Prove that Malcolm E. Santiago acquired the said
property from Bank of the Philippine Islands;

D) Prove that the said property was repurchased by the
bank;
Page 2 of 7


E) Prove all other related matters, facts and circumstances
relevant and material to this case.

This Judicial Affidavit was taken at the residence of the witness
at #42 14
th
St., New Manila, Quezon City.

QUESTIONS were propounded by Atty. Vicente Jan O. Platon
III, in English, which affiant fully understands, while ANSWERS
were given/made by witness, ERNESTO V. PEREZ, in mixed English
and Filipino. These questions are numbered consecutively and each
question is followed by the answer of the witness.

1. Q: Do you swear to tell the truth and nothing but the
whole truth?
A: Yes.

2. Q: Do you know that any falsities in this sworn affidavit
will make you criminally liable for perjury?
A: Yes, I do.

3. Q: Please state your name and other personal
circumstances.
A: My name is Ernesto V. Perez, of legal age, married to Ma.
Lucila M. Perez, with residence at #42 14
th
St., New Manila,
Quezon City. I am a lawyer.

4. Q: Do you know that there is a pending case for damages
between Spouses Carlos and Fely Leobrera and Bank of
the Philippine Islands?
A: Yes.

5. Q: Do you have any participation or any connection in the
said case or relation to any of the parties in the said case?
A: Yes. I am the lawful owner and possessor of the subject
Paraaque City property in the said case which was my
residence since 3 August 1998.

6. Q: Do you still live in the said property?
A: No. The bank repurchased the property from me.

Page 3 of 7

7. Q: Do you have any evidence that would prove your
lawful ownership over the subject property prior to the
reconveyance?
A: Yes. I have a transfer certificate of title in my name
issued by the Registry of Deeds of Paraaque City.

8. Q: I am showing to you this Transfer Certificate of Title
with No. 136439. What is the relation of this to the title
you just mentioned?
A: This is the title that was issued to me by the Registry of
Deeds of Paraaque City.

Manifestation: TCT No. 136439 was handed to affiant to
examine.

9. Q: How did you acquire this property?
A: I acquired the subject property by virtue of a Deed of
Absolute Sale dated 29 July 1988 executed by Mr. Malcolm
E. Santiago.

10. Q: Do you have any evidence that would prove the
transfer of the subject property to you from Mr. Santiago?
A: Yes. I have the original Deed of Absolute Sale dated 29
July 1988 and a copy of the cancelled transfer certificate of
title in the name of Mr. Santiagos name issued by the same
Registry of Deeds.

11. Q: I am showing to you these Deed of Absolute Sale
dated 29 July 1988 and Transfer Certificate of Title with
No. 117999/T-590. What is the relation of these to the
documents you just mentioned?
A: These are the original Deed of Absolute Sale and the
cancelled title I was referring to in my previous statement.

Manifestation: Deed of Absolute Sale dated 29 July 1988 and TCT
No. 117999/T-590 were handed to affiant to examine.



Page 4 of 7

12. Q: You said that you acquired the property from Mr.
Santiago. Does he have any participation or any
connection in this case?
A: Yes. He acquired the same property from Bank of the
Philippine Islands, as the highest bidder in a foreclosure
sale.

13. Q: Do you have any evidence that would prove his
acquisition of the property from the said bank or any
proof of ownership of the latter?
A: Yes. I have procured a copy of the transfer certificate of
title in the name of the said bank issued by the same
Registry of Deeds before the same was cancelled in favour
of Mr. Santiago.

14. Q: I am showing to you this Transfer Certificate of Title
with No. 14958/T-75. What is the relation of this to the title
you just mentioned?
A: This is the copy of the title in the name of the bank issued
by the same Registry of Deeds.

Manifestation: TCT No. 14958/T-75 was handed to affiant to
examine.

15. Q: What can you say about the pending case to which you
are made to testify?
A: I am a buyer in good faith of the subject property because
I acquired the said property without any notice of lis
pendens on the TCTs, and therefore said property can no
longer be reconveyed to Carlos Leobrera.

16. Q: Did you execute any document or affidavit to attest to
the truth of your allegations?
A: Yes. I have executed an affidavit dated 26 September
2005.

17. Q: I am showing to you this Affidavit dated 26 September
2005 consisting of two (2) pages. What is the relation of
this to the affidavit you just mentioned?
A: This is the affidavit I executed on 26 September 2005.

Page 5 of 7

Manifestation: The Affidavit dated 26 September 2005 was
handed to affiant to examine.

18. Q: In Page No. 2 of the said Affidavit, there is a signature
above the name Ernesto V. Perez, whos signature is this?
A: It is my signature.

Manifestation: No further questions for this witness.

AFFIANT FURTHER SAYETH NAUGHT.


ERNESTO V. PEREZ
Affiant



SUBSCRIBED AND SWORN to before me this 8th day of
August, 2013 at Makati City, affiant exhibiting to me his Community
Tax Certificate No. 14667178 issued at Makati City on January 19,
2005.


SEAN ANDREW E. CURA
Notary Public, until 12/31/14
PTR. No. 12345B; Jan. 21, 2013, QC
IBP No. 452957; 2/20/13; QC
MCLE Compliance 12345
Roll No. 12345-95649: QC

Doc. No. 041;
Page No. 009;
Book no. II
Series of 2013







Page 6 of 7

ATTESTATION

I hereby state, under oath, that I faithfully recorded the
questions I asked and the corresponding answers that the witness
gave and that neither I nor any other person present or assisting me
has coached the witness regarding the latters statement.



VICENTE JAN O. PLATON III
PTR No. 12345A; 1/21/13; Makati
IBP No. 452957; 2/20/13; Makati
MCLE Compliance 12345
Roll No. 12345-987654: Makati


SUBSCRIBED AND SWORN TO BEFORE ME, a notary
public in and for the City of Makati, this 8th day of August 2013.
Affiant personally came and appeared with Passport ID issued by the
Department of Foreign Affairs on January 12, 2011 at Manila, bearing
his photograph and signature, known to me as the same person who
personally signed the foregoing instrument before me and avowed
under penalty of law to the whole truth of the contents of said
instrument.

SEAN ANDREW E. CURA
Notary Public, until 12/31/14
PTR. No. 12345B; Jan. 21, 2013, QC
IBP No. 452957; 2/20/13; QC
MCLE Compliance 12345
Roll No. 12345-95649: QC

Doc. No. 041;
Page No. 009;
Book no. II
Series of 2013





Page 7 of 7

Copy furnished:

ATTY. DOMINIC DE ALBAN
Counsel for Plaintiff



EXPLANATION

Copy of this Judicial Affidavit was served to the counsel for
plaintiff thru personal service.


LESLIE G. INTERIOR