Republic of the Philippines

Sixth Judicial Region

Province of Negros Occidental
Municipal Trial Court in Cities
City of Escalante
-o0oEmiliano B. Fernandez,
Plaintiff,
-versus-

Civil Case No. _____

For: Partition, Damages,
Attorneys Fees and Cost of
Suit.

Aida Gatchalian, et al,

Defendants,
x - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x
JUDICIAL AFFIDAVIT OF PLAINTIFF
The foregoing is the judicial affidavit of Marietta
Fernandez, of legal age, married, Filipino citizen and a
resident of ____________________________, in relation to
the case entitled, _________________________ now
pending before the Municipal Trial Court in Cities
of__________________ , Sixth Judicial Region.
The foregoing questions were propounded by
____________________, counsel for the Plaintiff in the
above-entitled
case,
in
his
law
office
at
__________________________. The questions were in the
Filipino Language, a language known and spoken by the
witness, who answered the questions in the same language
and of her personal knowledge.
PURPOSE/S:
The testimony of the above-named witness is being offered
to prove the following facts:

 ;
; and
.
QUESTIONS AND ANSWERS:
The above-named witness is answering questions asked
of her, fully conscious that she does so under oath and that
she may face criminal liability for false testimony or perjury,
in compliance with A.M. No. 13-8-8-SC.
1 ATTY. _________: Please state your name
and other personal circumstances for the
record.
WITNESS: My name is_________________, of legal
age,
married,
Filipino
citizen
and
a
resident
________________.
2

ATTY. _________:: Are you the same

Marietta Saldavia-Regalawho is one of the
plaintiffs in this case?
WITNESS: Yes, sir.
3 ATTY. _________:: Do you personally know
the Defendants in this case?
WITNESS: Yes, sir. I personally know the Defendants
in this case.
4 ATTY. _________: For the record, are you in
any way related to the Defendant?
WITNESS: Yes, Sir. The Defendants are my first
cousins, they being the children of my late uncle
______________, my late fathers brother.
5 ATTY. _________:: If the Defendants are
your cousins, what prompted you to file this
case against them?
WITNESS: What prompted me to file this case against
my first cousins was their illegal act of causing the Property
to be segregated and/or occupied for themselves without

my consent and that of my fellow Plaintiffs, who are also

entitled to portions of said property.
6 ATTY. _________: What property are we
referring to in this case?
WITNESS: The property subject of this case is the
parcel of land owned by our late parents
_______________, covered by Transfer Certificate of Title
No. _______________.
7 ATTY. _________: Do you have a copy of the
Transfer Certificate of Title?
WITNESS: Yes, Sir. I have here a photocopy of the
Certificate of Title.
(Witness handed over a photocopy of the Transfer of
Certificate of Title to counsel and the latter examined it.)
8. Atty. _________: I am marking this document as
EXHIBITS A, to form as part of the evidence for the
Plaintiffs, do you confirm my action?
Witness: Yes, Sir.
9. ATTY. _________: Is the subject property coowned by the Plaintiffs and Defendants
deceased parents?
WITNESS: Yes, Sir.
10. ATTY. _________: After the Parties
(Plaintiffs and Defendants) late parents passed
away on different occasions, was the property
ever subjected to any transfer?
WITNESS: No, Sir. None at all.
11. ATTY. _________: Did any of the heirs of
the deceased filed a partition case before the
court to have the property divided equally
among themselves?
WITNESS: No, Sir. No talk was ever initiated to clarify
the status as to the division/partition of the subject
property.
12.

ATTY. _________: What happened next?

WITNESS: Since no dialogue was ever initiated in

relation to the partition of said property, I was shocked
when I learned early last year that Defendants late mother
with their indispensable cooperation caused the property to
be partitioned among themselves without my consent
and/or against my will and those of the other Plaintiffs.
13. ATTY. _________: In what way did
Defendants and their late mother cause the
property to be segregated and/or occupied
among themselves?
WITNESS: Defendants presented a Deed of Sale of
Hereditary Shares, showing therein that the property
subject
of
this
case
was
sold
by
the
late
_________________ in favor of their late father sometime
on 12 July 1988.
14. ATTY. _________: For the record, are you
saying that the Deed of Sale of Hereditary
Rights in favor of the Defendants deceased
father is not authentic?
WITNESS: Yes, Sir.
15. ATTY. _________: Why?
WITNESS: Because my late uncles David, Santiago
and Emilio all relocated in the early part of the 1980s and
the three of them have never been able to travel back to
Escalante at any given time until their deaths on different
occasions.
16. ATTY. _________: Do you have anything
else to say regarding the Deed of Sale of
Hereditary Shares?
WITNESS: Yes, Sir. I am certain that the signatures
and thumb mark appearing on the face of the said Deed do
not belong to Santiago, Emilio and David, respectively,
because they were not in Escalante City on the year 1988,
the purported date of the Deed of Sale.
17. ATTY. _________:
Thank you, Ms.
Witness. How did you feel upon learning of the
said act of the Defendants and that of their late
mother?

WITNESS: I felt betrayed and denied of my rightful

claim over the property, being one of the heirs of the
deceased _________________.
18. ATTY. _________: Did you try to have a
talk with the Defendants regarding the subject
property?
WITNESS: Yes, Sir. However, Defendants continuously
refuse to honor my rightful claim over the property, thus,
my fellow Plaintiffs and I made a formal Demand on the
Defendants through our counsel on 06 July 2015.
19. ATTY. _________: Do you have a copy of
the Demand Letter?
WITNESS: Yes, Sir. I have here a copy of the Demand
Letter dated 06 July 2015.
(Witness handed over a Copy of the Demand Letter
Dated 06 July 2015 to counsel and the latter examined it.)
16. Atty. _________: I am marking this document as
EXHIBITS B, to form as part of the evidence for the
Plaintiffs, do you confirm my action?
Witness: Yes, Sir.
17.ATTY. _________: Prior to the filing of this
case before the Honorable Court, did you exert
more effort to try to settle the matter first
among yourselves?
WITNESS: Yes, Sir. My fellow Plaintiffs and I tried
talking to Defendants to amicably settle the matter,
however, our efforts were to no avail.
18.ATTY. _________: What happened next?
WITNESS: Other than the Demand Letter, I was left
with no other recourse but to initiate an action before the
Office of the Lupong Tagapamayapa of Brgy. Old Poblacion
in Escalante City.
19.ATTY. _________: What transpired during
the proceedings before the Office of the
LupongTagapamayapa?
WITNESS: The Defendants are not open to settling
the matter agreeably, thus, we failed to reach a settlement.
5

20.ATTY. _________: Do you have any

document to support your claim that this case
was filed firstbrought before the Office of the
LupongTagapamayapa in your respective
barangay?
WITNESS: Yes, Sir. I have here a Copy of the
Certification to File Action dated 30 June 2015 when we
failed to reach a settlement, said Certification is duly
signed by the Pangkat Secretary in the person of Ptr.
Lemuel T. Binolirao and are attested by Ptr. Vicente Artajo,
Pangkat Chairman and Ptr. LadieGantalao, Pangkat Member
(Witness handed over a Copy of the Certification to file
Action to counsel and the latter examined it.)
21. ATTY. _________: I am marking this document
as EXHIBIT C to form as part of the evidence for the
Plaintiffs, do you confirm my action?
WITNESS: Yes, Sir.
22. ATTY. _________: I have no further questions to ask you.
Do you still have anything else to say?
WITNESS: No more, Attorney.
23. ATTY. _________: Thank you very much for your
time, Ms. Witness.
WITNESS: Youre welcome, Attorney.
IN TRUTH AND WITNESS WHEREOF, I have hereunto
affixed my signature this __________________ in Bacolod
City, Philippines.

______________________
MARIETTA FERNANDEZ
Affiant
ID No. ____________________
Subscribed and sworn to before me this ___________,
2016 in Bacolod City, Philippines.

Witness my hand and seal.

Doc. No. ___;

Page No. ___;
Book No.___;
Series of 2016.

ATTESTATION CLAUSE
I, _________________, of legal age, married,
Filipino and a resident of _______________________, as
counsel for the Defendant in the above-entitled case, hereby
attest under oath the following:
1. That I faithfully recorded or caused to be recorded
the questions I asked and the corresponding
answers the witness has given; and
2. Neither I nor any other person then present or
assisting me coached the witness regarding the
answers given by the latter.
_________________
Roll No. _________
Subscribed and sworn to before me this __ day of
____________ in the City of Bacolod, Philippines, by the
affiant whom I personally know.
Witness my hand and seal.
Doc. No. ___;
Page No. ___;
Book No. ___;
Series of 2016.