JUDICIAL AFFIDAVIT

OF MR. ELDIE CALO-OY

I, ELDIE CALO-OY, 31 years old, single, residing at Barangay Lawis,

Davao City, after having been sworn to in accordance with the law do hereby
depose and state:
That

________________

is

the

counsel

who

conducted

and

supervised my examination as a witness at her office in Davao City;

That I am answering the questions herein fully conscious that I do so
under oath and that I may be criminally liable for false testimony or perjury;
The

following

are

the

Questions

propounded

by

___________________ and my answers in English language:

Q1:
A1:

Do you swear to tell the truth and nothing but the truth?
I do.

Q2:
A2:

What is your relationship with defendant Jerson Ibanez?

He is my cousin. My mother and his parent are siblings.

Q3:
A3:

How are you related to Casignan and Sawad Ibanez?

They are my grandparents, similar with Jerson Ibanez.

Q4:
A4:

Do you have any interest in the property in question?

Yes. There is basis for the defendants to include me in accepting the property
because I am also a direct descendant and heir of Casignan and Sawad
Ibanez.

Q5:
A5:

Do you have any basis to strengthen your claim?

Yes. The subject property was acquired by my grandparents by grant of
Homestead Patent. The records would show that in 1937, an Original
Certificate of Title, No. P-1830, was issued in the names of my grandparents,
Casignan and Sawad Ibanez. Later, OCT No. P-1830 was cancelled and
replaced by Transfer Certificate of Title No. T-3488, which was still under the
names of my grandparents.

In 1992, TCT No. T-3488 was cancelled and replaced with TCT No. T-3553,
issued in the names my grandparents children, including my mother, Victoria
Ibanez.
A6:
A6:

Are you aware when OCT No. P-1830 and TCT No. T-3553 were cancelled?
I am aware that the cancellation date of the titles was as early as May 22,
1953. However, it was only in 2007 that I found out that the titles were
cancelled and that TCT No. T-44013 was registered in favor of Juan dela
Cruz, Sr., dated June 6, 1974.
We have been staying on the property the entire time without knowing that
my grandparents title has already been cancelled.

Q7:
A7:

Are you questioning the title over the subject property issued in favor of
Natalia Escalanda and Luis Cruz?
Yes. There is no record of the Deed of Sale of the property in favor of
Escalanda and Cruz. Even assuming that such sale happened, such did not
have the approval of commission on National Integration or PANAMIN.
Furthermore, the alleged sale was also not valid because the alleged vendor,
Abudia Ibanez, belonged to the Cultural Community of Mandaya Tribe as
evidenced by the certification issued by Atty. Celsa Morales of the National
Commission on Indigenous People (NCIP), which is prohibited.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 7 th

day of March 2016 in Davao City, Philippines.

ELDIE CALO-OY
Witness

SUBSCRIBED AND SWORN to before me this 7 th day of March 2016 in

Davao City, Philippines.

CROSS-EXAMINATION
OF MR. ELDIE CALO-OY

Q1:
A1:

How long have you known Jerson Ibanez?

Since we were children.

Q2:
A2:

Do you know Mr. Juan dela Cruz, Jr.?

I have never met him in my life. I only knew about him for the first time
after I found out about this case from my cousin, Jerson Ibanez.

Q3: Were you aware of any transfer or sale made upon the subject property
before?
A3:
Never. We have been occupying the subject property for several years and
were never aware of any sale or transfer.
Q4:
A4:

Q5:
A5:

So you never checked the Register of Deeds about the title covering the
property you were staying in for a long time?
We never felt the need to. The land was acquired by my grandparents by
grant of Homestead Patent. We have also been peacefully and quietly
occupying the property without issue and it was passed from my
grandparents to my mother and then to me. It was only in 2007 when we
discovered that the titles of my grandparents and mother to the property
were cancelled.
So what then is your interest in the subject property?
As a direct descendant and heir of Casignan and Sawad Ibanez, I have to be
included with defendants Jerson Ibanez, and others, in accepting the
property. We have been occupying the said land for a long time and it is only
proper that a title registered in my name be issued to remove all doubts
about its ownership.
As I mentioned earlier, even if there was actually a sale that occurred, the
alleged vendor was prohibited from doing so and there was no approval by
the PANAMIN, making such sale void. Hence, we are the rightful owners of
the subject property.