REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT OF MATI

11TH JUDICIAL REGION
Mati City, Davao Oriental

SPS. BELINDA Y. LIU and

HSI PIN LIU, Plaintiffs,

- versus - CIVIL CASE NO. CV-_______

FOR: Unlawful Detainer

MARCELINA ESPINOSA, ET AL., Defendants.

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JUDICIAL AFFIDAVIT OF BELINDA Y. LIU

I, BELINDA Y. LIU, of legal age, married, Filipino, and with residence address at St.
Mary, Tagum City, Davao del Norte , the complainant of this case, state under oath as follows:

PRELIMINARY STATEMENT

The person examining me is Atty. Daisy Felizardo with address at St. Mary’s Ave.,
Tagum City, Davao del Norte. The examination is being held in the same address. I am
answering her questions in English, a language I understand, fully conscious that I do so under
oath, and may face criminal liability for any false testimony and perjury.

Purpose: This Judicial Affidavit of BELINDA Y. LIU, the Plaintiff is executed to serve as her
direct testimony in the instant case. It is being offered to prove:

A.) All the allegations in her complaint including all annexes appended thereto.

B.) All other related matters, facts and circumstances relevant and material to this case.

QUESTION 1 (Q1) : Before we start Ma’am, this counsel should

remind you that you are under oath, understand?

ANSWER 1 (A1) : Yes, Ma’am. I understand.

Q-2 : How are you related to HSI PIN LIU, one of the plaintiffs in this case?

A2 : He is my husband.

Q3 : How were you able to acquire the subject property?

A3 : We acquired the subject land from spouses Pedro Dagohoy and Petra
Dagohoy by virtue of a Deed of Absolute Sale executed in our favor
on July 1, 2000.

Q4 : Do you know defendants Marcelina Espinosa and the rest of the

occupants?

A4 : Yes, Ma’am. I know Marcelina Espinosa, Mary Ann Estrada, Archie

Asumbrado, Inesita Asumbrado, Loreto Tutor, Elias Penas, Benita
Abantao, Basiliza Martizano, Arman Paras, Miguelito Antega,
Joventino Cahulogan, and Tito Tubac, as I met them during our
 visits to our property.

Q5 : Could you tell the court how did the defendants Marcelina Espinosa
together with all persons were able to occupy your subject property
in this case?

A5 : The defendants in this case have possessed the property by mere

tolerance of our predecessor-in-interest spouses Pedro Dagohoy
and Petra Dagohoy.

Suggested answer:

when we bought that land, Maam, occupants blah blah were already there. We were told by the
owner Dagohoys about the presence of the occupants that their stay there was just tolerated and
they could vacate anytime when asked.

Q6 : When you acquired the property, what did you do?

A6 : We requested the occupants to vacate the area, but they requested

us that they’d be given enough time for a period of five (5) years for
them to prepare for their transfer to which we granted with the
understanding that defendants will peacefully vacate the land once
we need to use the same arises.

Suggestion idugang: we register the land with the office of the ROD and we have thia TCT No
blah to show proof that said property was regiatered in our name.

Q7 : When did you again start to request the occupants to vacate the area.

A7 : Around September 2012, we informed them verbally, Maam?

defendants that the five (5) year period given to them have already
elapsed and we finally decided to offer the land for rent to interested
parties.

Q8 : How did the defendants respond to your oral notification?

A8 : They just simply ignored it and remained in the area.

Q9 : After the refusal of the defendants to vacate your property, what

steps did you take, if any?

A9 : I’ve made repeated demands many times, together with my husband.

We would go to Mati City only to request the occupants to leave the area. Also,
every time me and my husband would visit Mati City for a quick relaxation, we
would visit our property and politely talk with the occupants and their family to
peacefully leave the area. We were patient in doing said acts because we wanted
to do it as humane as possible, so as not to aggravate the situation until we finally
decided to make an ultimatum because we are already losing our expected income
out of the said property. So, we sent them final notice to vacate the area on
February 12, 2013.

Q10 : How did the defendants respond to the final notice to vacate the
area?
A10 : The defendants remained in the area as if they did not receive the
 said demand.

Q11 : Then, what did you do next?

A11 : We sought the help of the Barangay for a settlement with them but
they did not respond to the summon of the Barangay Chairman.

Q12 : How many times were you called for a summon?

A12 : Three (3), Ma’am but the defendants did not appear. So, we were
issued with Certification to File Action by the Barangay.

Q13 : You said that you are going to rent your property, how much would
be the rental fee?

A13 : We will offer it for rent in the amount of FIVE THOUSAND

PESOS (P5,000.00) per month, Ma’am.

Q14 : What is the extent of damage caused by the refusal of the occupants
to vacate your property?

A14 : Due to their refusal to vacate the area, we were not able to realize
the expected income that we were supposed to earn that caused
anxiety and sleepless nights.

Q15 : What do you hope to achieve in this case?

A15 : I hope that the court will decide in our favor and that the occupants
will finally vacate the area, so that we can continue with our business
transactions.

EXAMINING LAWYER: Affiant further said nothing.

IN WITNESS WHEREOF, I hereby unto set my hand this 15 th day of July 2013 in St. Mary
Ave., Tagum City, Davao del Norte.

BELINDA Y. LIU
Affiant

SUBSCRIBED AND SWORN to before me this 15 th day of July 2013 in St. Mary Ave., Tagum
City, Davao del Norte. Affiant exhibited to me sufficient evidence of her identity.

ATTY. DAISY FELIZARDO

Counsel for the Plaintiffs
Balingao-Cabrera-Ramos-Carulla-Felisardo Law Office
St. Mary’s Ave., Tagum City, Davao del Norte
PTR No. 14344 – TAGUM CITY
IBP No. 062477, TAGUM CITY
Roll of Attorney’s No. 08012020
MCLE Compliance No. V-001, 08/01/19
TIN NO. 020-202-143
Contact Number (084)817-0367
Email address: daisy_bcrcflawoffice@yahoo.com

SWORN ATTESTATION
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Page No. _____;
Book No._____;
Series of _____.
 of Examining Lawyer

I, DAISY FELIZARDO, after having been duly sworn to in accordance with law, do
hereby attest:

That I conducted the examination of the witness who executed the foregoing judicial
affidavit; that I faithfully recorded the questions I asked and the corresponding answers that the
witness gave; that neither nor any other person then present coached the witness regarding her
answers.

Done this 15th day of July 2013 in St. Mary Ave., Tagum City, Davao del Norte,
Philippines.

DAISY FELIZARDO
Examining Lawyer

SUBSCRIBED AND SWORN to before me this 15 th day of July 2013 in St. Mary Ave., Tagum
City, Davao del Norte. Affiant exhibited to me sufficient evidence of her identity.

ATTY. RONYR B. RAMOS

Notary Public
Until December 31, 2013
PTR No. 15644 – TAGUM CITY
IBP No. 02347, TAGUM CITY
Roll of Attorney’s No. 08013220
MCLE Compliance No. V-001, 08/01/13
TIN NO. 020-305-143
Contact Number (084)817-0579
Email address: jenimayramos1126@gmail.com

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