Republic of the Philippines

8th Judicial Region

MUNICIPAL CIRCUIT TRAIL COURT
Branch ___
Pambujan, N. Samar
-o0o-

ARLYN C. CLERIGO CIVIL CASE NO. 123456

Plaintiff,
-versus- for

AIZA C. MERCADER Recovery of Possession

Defendant, With Prayer for
Preliminary Mandatory Injunction
X-----------------------------X

JUDICIAL AFFIDAVIT
(Pursuant to SC A.M. No. 12-8-8-SC)

I, ARLYN C. CLERIGO, of legal age, married, Filipino, and with

residence address at Brgy. Cababtoan, Pambujan, N. Samar after having
been duly sworn to in accordance with law in answer to the questions
asked of me by Atty. Diana Flor Divina in her office at Brgy.North, San
Jose, N. Samar, on October 20, 2019 at 10:00 A.M. fully conscious that I
do so under oath and that I may face criminal liability for false
testimony or perjury hereby depose and state:

Q-1: How are you related to ARLYN C. CLERIGO, the Plaintiff in

Civil Case No. 123456 before the Municipal Trial Court of Pambujan, N.
Samar for Recovery of Possession with prayer for Preliminary
Mandatory Injunction against AIZA C. MERCADER?

A. I am the same.

Q-2: Do you know the defendant AIZA C. MERCADER?

A. Yes ma’am, AIZA C. MERCADER is the one occupying the

subject property I own covered under Tax Declaration No.
2K9-002930 located in sitio Burabod, Brgy. Cababtoan,
Pambujan, N. Samar. A Certified true copy of the Tax
Declaration under my name, which is as our Exhibit “A”.

Q-3: How did you acquire the subject property?

A. I purchased that property from Reynaldo Mercader on

September 9, 1996. A photocopy of Deed of Absolute Sale is here
presented as our Exhibit “B”.
 Q-4: How did the defendant occupy the subject parcel of land you
said you owned?

A. Since I have no immediate need for the subject parcel of land,

that time, I allowed Ms. Mercader and her family to occupy the
same with the condition that they would vacate the land after I
already made a demand to them to vacate. Mr. Salvador
Gloriane, our neighbor, was present then when our agreement
was made. A copy of affidavit of Mr. Salvador Gloriane as
witness to our agreement is our EXHIBIT “D” and “D-1”.

Q-5: When did you make the first demand to the defendant to
vacate the subject property?

A. It was on January 15, 2015 when I first made a demanded from

the Ms. Mercader and her family to vacate the said subject
property but the latter refused and still continue to occupy the
property.

Q-6: What did you do after that?

A. I did not follow up on my demand because we went abroad on

that time with my family.

Q-7: What happened on September 6, 2016 in that subject parcel

of land?

A. On September 6, 2016, the subject lot was gutted by fire

including the house erected by Ms. Mercader and her family. As
a result, I decided to cordon the area and demanded Ms.
Mercader and her family to vacate the premises, however the
latter refused to turnover the property and instead started to
construct a new house. The pictures of the wreckage of the
property after the fire incident are as our EXHIBIT “D”, “D-1”,
“D-2”, “D-3”, “D-4”, and “D-5”.

Q-8: What did you do when you learned that the defendant
constructed a new house on the subject property after the fire?

A. I went to the Office of the Municipal Engineer to secure a

Notice of Illegal Construction against Mrs. Mercader to stop the
illegal construction of their house. A copy of Notice of Illegal
Construction is as our EXHIBIT “E”.
 Q-9: Did the defendant adhere the Notice of Illegal
Construction issued by the Municipal Building Official?

A. No, ma’am.

Q-10: What did you do then?

A. On, July 18, 2017, I went to a lawyer to demand Ms. Mercader to

cease and desist from further constructing a house in the said
subject property for they continued the construction of their
house in my property. The demand letter was delivered thru the
Office of the Barangay Captain of Brgy. Cababtuan, Pambujan, N.
Samar. The demand letter was delivered by the Brgy. Messenger
to Ms. Mercader. A copy of the demand letter, pictures depicting
the construction of the house, and the affidavit of the Brgy.
Messenger are our EXHIBIT “G”, “H” (“H-1” “H-2”, “H-3”, “H-4”)
and “I” respectively.

Q-11: Did you make any demands to the defendant aside from
what you already stated?

A. Yes ma’am. I made several oral demands to the defendants but

despite those numerous demands for her and her family to
vacate, Ms. Mercader has remained in illegal possession of the
said land up to the present and still retain such possession

Q-10: Did you subject yourselves through Barangay

Conciliation?

A. Yes, ma’am.

Q-11: When was that and what was the result of the Barangay
Conciliation?

A. It was On February 20, 2018 that I, with the help of my lawyer,

filed a complaint against the Ms. Mercader with the Office of
the Barangay Chairman of Brgy. Cababtoan, Pambujan, N.
Samar. But despite the effort of the Brgy. Officials, we failed to
come up to an agreement.

Q-12: What did you after the failure of the Barangay

Conciliation?

A. I secured a Certificate to File Action from the Brgy. Chairman

of Brgy. Cababtoan. A copy of the certificate is our EXHIBIT
“J”.
 Q-13: After the refusal of the defendant to vacate the
property despite demand, what step did you take, if any?

A. I filed this action against the defendant in this case for

recovery of possession with prayer of preliminary mandatory
injunction before the Municipal Circuit Trial Court of
Pambujan.

Q-14: Finally, do you know why are executing the foregoing

sworn statement in this case?

A. Yes, ma’am. I am executing this sworn statement to be adapted

as my direct examination in this case to prove my causes of
action for recovery of possession with prayer for preliminary
mandatory injunction against the defendant in the above
entitled case.

IN WITNESS WHEREOF, I hereby affix my signature this 25 th day

of October 2019, in San Jose, N. Samar.

ARLYN C. CLERIGO
Affiant

ATTESTATION
I hereby attest that on this 25th day of October 2019, I have
personally examined the plaintiff ARLYN C. CLERIGO, and that I have
faithfully recorded or caused to be recorded the questions asked and the
corresponding answers thereto made by her. I further attest that I nor
any other person herein present, or assisting me, never coached ARLYN
C. CLERIGO regarding his answers.

San Jose, N. Samar, October 25, 2019.

DIANA FLOR L. DIVINA

Lawyer – Affiant
Counsel for Plaintiff
Brgy. North, San Jose
Northern, Samar
Roll of Attorneys No. 86281
IBP No. 315537/8-30-19/N. Samar
MCLE Compliance No. IV-00000830-15-19
Email: dianaflordivina4@gmail.com/
Cell. No. (0928) 991-2195
 SUBSCRIBED AND SWORN to before me this 25 th day of October
2019 in San Jose, N. Samar. Affiants exhibited to me their identification
cards bearing their photograph and signature, as follows:

Name Issued by/ID No.:

ARLYN C. CLERIGO BIR – TIN NO. 123-456-890-000
DIANA FLOR L. DIVINA IBP No - 315537/8-30-19

known to me to be the same persons who executed the foregoing

document.

WITNESS MY HAND AND SEAL on the date and the place first
above written.

Doc. No. _____

Page No. _____ NOTARY PUBLIC
Book No. ____
Series of 2019