REPUBLIC OF THE PHILIPPINES )

Bansalan, Davao del Sur ) SS.

x----------------------------------------------------x

JUDICIAL AFFIDAVIT OF Margaret bartolome

I, MARGARET BARTOLOME, of legal age, married, and

currently residing at Bansalan, Davao del Sur, do hereby depose and
say THAT:

PRELIMINARY STATEMENT

1. This Judicial Affidavit is prepared in accordance with the rules

set forth in A.M. No. 12-8-8-SC, which prescribes the use of
judicial affidavits to serve as the direct examination testimony
of the witness, on the basis of which the adverse party may
conduct their cross-examination on such a witness, I hereby
execute this Judicial Affidavit in a question and answer format.

2. This Judicial Affidavit is prepared in a language and dialect

known to me which are English, Filipino, and Cebuano.

3. It was Atty. Joaquin Tuazon of Tuazon and Partners, located at

Room 17, Probinsyano Building, Maayos Road, Bansalan,
Davao del Sur, who conducted my examination as the
undersigned affiant.

4. I hereby state under the pain of perjury that in answering the

questions asked of me, as appearing herein below, I am fully
conscious that I did so under oath, and that I may face criminal
liabilities for false testimony or perjury.

PURPOSE

This Judicial Affidavit is executed for the purpose of supporting

the material allegations of PLAINTIFF RICARDO DALISAY stated in
his Complaint for Unlawful Detainer against DEFENDANT DON
EMILIO.

1
 And under oath, avers the following:

1. Question: Do you swear to tell the truth and nothing but the
truth in this examination?
Answer: Yes, I do.

2. Question: How did you know the Plaintiff Ricardo Dalisay?

Answer: He is my cousin. I was the one who took care of the
property while he was in the United States.

3. Question: How did Ricardo Dalisay obtained ownership over

the property?
Answer: He was able to register the property in his own
name by virtue of the Torrens System. He was the
assignee of the Homestead Patent awarded in
favor of Alvin Domingo. Upon complying the
requirements, he was able to register his ownership
over the property.

4. Question: How did the Plaintiff Ricardo Dalisay executed his

acts of ownership over the property?
Answer: He frequently monitors the status and condition of
the property. He even visits the property often if he
is in the Philippines. He even planted Coconut and
Cacao on the unoccupied portion of the property.

5. Question: How did you know the Defendant Don Emilio?

Answer: The Defendant Don Emilio is our neighbor, an
owner of an adjacent property of the subject
property in this case.

I was there when he went to the house of the

Plaintiff Ricardo Dalisay to seek for approval of his
concern. He wanted to utilize a portion of the
property for the meantime while it is still barren
since he is expanding his meat shop business. He
promised the Plaintiff Ricardo Dalisay that he will
vacate the property upon demand.

6. Question: Did the Plaintiff Ricardo Dalisay demanded the

2
 Defendant Don Emilio to vacate the property?
Answer: Yes. The latest demand was sent to the Defendant
Don Emilio on June 15, 2019. I was even the one
who delivered it to their residence.

7. Question: Was the Defendant Don Emilio able to receive it?

Answer: He was not around, but his Secretary was the
one who received it.

PRAYER

IN VIEW OF THE FOREGOING, it is most respectfully

prayed of this Honorable Court that judgment be rendered against
Defendant Don Emilio, an illegal occupant of the property registered
in the name of the Plaintiff Ricardo Dalisay.

Other reliefs, just and equitable in the premises, are likewise

prayed for.

CONFIRMATION OF TRUTHFULNESS

3
 I HEREBY CONFIRM that the allegations and defenses are
true and in accordance with the best of my knowledge. Further, the
documents attached herein are the true and faithful reproduction of
their original and certified true copies, as the case may be, in my
possession.

IN WITNESS WHEREOF, I hereby affix my signature this 10th

day of November 2019, at Bansalan, Davao del Sur, Philippines.

MARGARET BARTOLOME
Affiant
SSS ID No. 09-1509930-02

SUBSCRIBED AND SWORN TO BEFORE ME, a Notary

Public in and for Bansalan, Davao del Sur, Philippines this 10 th day of
November 2019. Affiant personally came and appeared before me
and exhibited his government issued ID as competent proof of her
identity.

Doc. No. _____;

Page No. _____;
Book No. _____;
Series of 2019.

4
 ATTESTATION

I, ATTY. JOAQUIN TUAZON, of legal age, married, Filipino

and a resident of Davao City, after having been duly sworn to in
accordance with law, do hereby depose and say that I had personally
conducted the foregoing Judicial Affidavit of the Witness
MARGARET BARTOLOME.

IN WITNESS WHEREOF, I hereby affix my signature this 10th

day of November 2019, at Bansalan, Davao del Sur, Philippines.

ATTY. JOAQUIN TUAZON

Affiant
UMID CRN 0323-8739504-5

SUBSCRIBED AND SWORN TO BEFORE ME, a Notary

Public in and for Bansalan, Davao del Sur, Philippines this 10 th day of
November 2019. Affiant personally came and appeared before me
and exhibited his government issued ID as competent proof of her
identity.

Doc. No. _____;

Page No. _____;
Book No. _____;
Series of 2019.