REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

FIRST JUDICIAL REGION
BRANCH 40, DAGUPAN CITY

ESTATE OF JOAQUIN B AUSTRIA, JR.

AND POTENCIANA LIMOS – AUSTRIA,
Represented by its Administratrix
RENALIE REYES JANPROM,
Plaintiff,

-versus- Civil Case No. 2008 – 0250 - D

For: Declaration of Nullity of
SPOUSES ZOSIMO L. AUSTRIA AND Documents, Recovery of
VIRGINIA D. AUSTRIA, SPOUSES VITO Ownership and Possession
DOMAGAS HONORATA A. DOMAGAS and Damages.
AND FRANCISCO OTTO,
Defendants.

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JUDICIAL AFFIDAVIT OF SPOUSES VITO DOMAGAS AND HONORATA DOMAGAS

This judicial affidavit of spouses VITO DOMAGAS and HONORATA

DOMAGAS , the defendants, was executed to served as their direct testimony in the
instant case.

WITNESS: We, spouses VITO DOMAGAS and HONORATA DOMAGAS, of legal

age, married and a residents of Banaoang, Sta. Barbara, Pangasinan, hereby states;
That we are fully conscious of what we are going to say, and under oath we hereby
state that our answer to the following questions are true and correct under pain of
facing criminal liability for false testimony and perjury;

ATTY. AURORA E. VALLE, appearing as Counsel for the Defendant,respectfully

and formally

This judicial affidavit was taken at the office of ATTY. AURORA ESGUERRA
VALLE at 3rd floor Fil- Chines Chamber of Commerce Perez Market Site, Dagupan
City.

Questions were propounded by Atty. Aurora Esguerra Valle and these questions are
numbered consecutively and each question is followed by the answer of the witness.

1. Q: Do you have any knowledge of the personal circumstance and capacity of

Administratrix Renalie Reyes Janprom?

A: None madam.
 2. Q: Are you the Attorney – in – fact of Spouses Zosimo L. Austria and Virginia
D. Austria?

A: No madam, we are not the attorney – in – fact of spouses Zosimo L. Austria

and Virginia D. Austria.

3. Q: Do you have any knowledge regarding the death of Joaquin B. Austria and
Potenciana Limos – Austria?

A: We do not have any knowledge of the death of the said persons.

4. Q: Do you know who was the previous owner of the property with an area of
4285 square meter?

A: The previous owner of the property was spouses Joaquin and Potenciana
Austria.

5. Q: Do you have any idea regarding the two separate Deed of Absolute Sale
marked at Annexes “E” and “F” of the complaint executed on September 30,
1996 wherein the late Joaquin Austria sold to spouses Zosimo Austria and
Virginia Austria 4285 sq m and to you (Spouses Vito Domagas and Honorata
Domagas) a 500 sq. m lot ?

A: We have no knowledge of such Deed of Absolute Sale.

6. Q: After the property was told to you did you registered the portion of the
property in your own name and declared the same for taxation purposes?

A: Yes ma am, we registered and declared the property in our own name for
taxation purposes.

7. Q: Did you developed the property that you bought?

A: We developed the property and now it was the access road of ten families in
going to the highway of Sta Barbara, Banaoang.

8.Q: Did you have idea of paragraph 10 of the complaint regarding of your
allegedly unlawful possession of the property and that you will be held liable
for 50,000.00 PhP as reasonable rental thereof?

A: We do not have any idea of it.

9.Q: Do you have a property at the back of the contested lot?

A: We have property at the back of the subject property but because it was at
the back of the subject property we need to have an access to the National
Highway.

10. Q: Did the Zosimo Austria, son of Joaquin Austria approached you?
 A: Yes, maam and he asked us if we are interested to buy the subject property.
At that time, the said spouses Austria was already indebted to us. The
spouses Austria represented themselves to be the Attorney – in – fact of the
owners. ( A copy of their authority is attached as Annex “A”.)

11.Q: Are you really interested to buy the subject property?

A: We are only after a 3 meter right of way. We were led to believe that Zosimo
Austria, son of spouses Joaquin Austria and Potenciana Limos Austria is
indeed there attorney – in – fact.

12. Q: Who execut ed the deed of sale?

A; When the deed was delivered to us, all we know was that the same was
regularly executed since the one who delivered it was Zosimo Austria. We
honestly believed that the document of sale was regularly executed and it has
no flaw.

13. Q: Can you describe the lot that you bought?

A: The property that we bought had a width of 3 meters and we bought the
land for purposes of the path to the highway of Banaoang, Sta. Barbara. We
have a house at the interior part and in order to go to the highway, he to use
this lot. We have actually turned this portion of the lot as a feeder road where
all animals, vehicles and the ten families inside would pass.

IN WITNESS WHEREOF, Spouses Vito Domagas and Honorata Domagas have affixed
their signature this _______, in Dagupan City

Spouses Vito Domagas and Honorata Domagas

Defendants