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  • Republic of The Philippines Regional Trial Court: Temporary Restraining Order and Preliminary Injunction

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    Jayson Azura
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    This document is a judicial affidavit from Khloe Marielle de la Cruz in support of her case to quiet title over a disputed property. She states that the property was originally owned by her late mother Julia de la Cruz. She discovered that the title is now being transferred to Ashton Pamintuan due to an alleged deed of conditional sale, even though her mother had only lent the title to Pamintuan previously as collateral for loans. She is filing this case to validate her claim as the sole legal heir to the property.

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    Sample Judicial Affidavit

    Original Title

    JUDAF KHLOE

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    This document is a judicial affidavit from Khloe Marielle de la Cruz in support of her case to quiet title over a disputed property. She states that the property was originally owned by her late mother Julia de la Cruz. She discovered that the title is now being transferred to Ashton Pamintuan due to an alleged deed of conditional sale, even though her mother had only lent the title to Pamintuan previously as collateral for loans. She is filing this case to validate her claim as the sole legal heir to the property.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    30 views8 pages

    Republic of The Philippines Regional Trial Court: Temporary Restraining Order and Preliminary Injunction

    Uploaded by

    Jayson Azura
    This document is a judicial affidavit from Khloe Marielle de la Cruz in support of her case to quiet title over a disputed property. She states that the property was originally owned by her late mother Julia de la Cruz. She discovered that the title is now being transferred to Ashton Pamintuan due to an alleged deed of conditional sale, even though her mother had only lent the title to Pamintuan previously as collateral for loans. She is filing this case to validate her claim as the sole legal heir to the property.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 8

    REPUBLIC OF THE PHILIPPINES

    REGIONAL TRIAL COURT


    11th Judicial Region
    Branch ______
    City of Tacloban

    KHLOE MARIELLE DE LA CRUZ,


    Plaintiffs,

    -versus- CIVIL CASE No. _______


    FOR: Quieting of Title with
    Temporary Restraining Order
    and Preliminary Injunction

    ASHTON PAMINTUAN,
    Defendant.
    x-----------------------------------x

    JUDICIAL AFFIDAVIT

    I, KHLOE MARIELLE DE LA CRUZ, of legal age, single,


    Filipino, with address at Brgy. 62 A Sagkahan Tacloban City,
    after having been duly sworn to in accordance with law, hereby
    depose:

    That in accordance with A.M. No. 12-8-8-SC, which


    prescribes the use of judicial affidavit to serve as the direct
    examination testimony of a witness, on the basis of which the
    adverse party may conduct cross-examination on such a
    witness, I hereby execute this judicial affidavit in a question and
    answer format;

    That conformably with Section 3(b) of the said A.M. No.


    12-8-8-SC, I also state that it was Atty. Mary Ivy M. Pacala, who
    conducted the examination of the undersigned affiant at his
    office in Tacloban City.

    That also pursuant with Section 3(c) thereof, I hereby state


    under pain of perjury that in answering the questions asked of
    me as appearing herein below, I was fully conscious that I did
    Page 2 of 8

    so under oath, and that I may face criminal liability for false
    testimony or perjury;

    The witness is being presented to prove that;

    1. She is the sole heir of the late Julia de la Cruz who was
    the named owner of the subject property;
    2. By law on succession, she ipso facto become the lawful
    owners of the land in dispute.
    3. Efforts were made in order to remove the cloud that is
    casting the legal title possessed by the Plaintiff.
    4. She will testify to other relevant facts
    5. She will identify documents that are necessary and
    relevant to her testimony.

    Q1 Can you state your full name


    and your present address?

    A1 Yes. I am Khloe Marielle de la


    Cruz, residing at Brgy. 62 A
    Sagkahan Tacloban City.

    Q2 Showing to you an NSO Birth


    Certificate appearing your
    name on it, can you please
    identify if the same is yours?

    A2 Yes. This is my NSO Live Birth


    Certificate.

    Q3 Were you the one who caused


    the filing of this instant action?

    A3 Yes. I filed the civil case


    entitled For Quieting of Title
    and Issuance of the writ of
    Preliminary Injunction.
    Page 3 of 8

    Q4 Why did you cause the filing of


    the foregoing action?

    A4 In order to validate my legal


    claim to the subject land which
    has been casted with cloud
    due to the purported deed of
    conditional sale in favor of the
    Defendant.

    Q5 What is your basis in claiming


    for said land?

    A5 The existence of the Transfer


    Certificate of Title No. 10070
    under the name of Julia de la
    Cruz.

    Q6 I am showing to you a TCT No.


    10070 issued February 27,
    1984. How is this document
    related to what you have just
    described?

    A6 It is a copy of said document.

    Q7 How are you related to Julia de


    la Cruz?

    A7 She is my mother.

    Q8 Is she still alive?

    A8 No. She died December 3,


    2013. I have furnished a copy
    of the death certificate.
    Page 4 of 8

    Q9 Showing to you the Death


    Certificate appearing the name
    Julia de la Cruz, how is this
    related to the document you
    have now?

    A9 It is a copy of the death


    certificate issued by the
    hospital duly received by me.

    Q10 How did you discover that the


    subject property is on pending
    process for registration of
    anothers name?

    A10 After my mother died, I went to


    check on the Register of Deeds
    on the status of the subject
    land. To my surprise, the
    officer of the Register of Deeds
    informed me that it has been
    subject of transfer to the name
    of Ashton Pamintuan.

    Q11 Do you know Mr. Ashton


    Pamintuan

    A11 Yes. He happened to be a close


    friend of my mother.

    Q12 Do you know any fact which


    establishes his closeness to
    your mother?

    A12 Yes. For instance, in this case,


    it is true that he had in custody
    of the TCT of the property in
    Page 5 of 8

    question because my mother


    let him borrow the same for the
    latters guaranty of various
    loans.

    Q13 How did you know that the title


    of the property has been
    subject of loans?

    A13 Because Ashton Pamintuan


    has sent a letter to my mother
    which I have a copy, stating
    that he (Pamintuan) has no
    longer used the property for
    mortgage the loans were
    already paid. That would that
    the property was indeed
    subject to guaranty loans.

    Q14 Showing to you a letter from


    Ashton Pamintuan to Julia de
    la Cruz, how is this related to
    the one you have described?

    A14 It is the copy of the letter sent


    to my mother by Pamintuan.

    Q15 Were you present when your


    mother lent the title to Mr.
    Pamintuan?

    A15 No. I was at the USA.

    Q16 How did you know that your


    mother lent the title to Mr.
    Pamintuan in that
    arrangement?
    Page 6 of 8

    A16 My mother mentioned it to me


    when she was still alive.

    Q17 Did you know why the property


    now is being the subject of
    transfer of title to Ashton
    Pamintuan?

    A17 Yes. The officer of the ROD


    informed me that a deed of
    conditional sale has been
    executed between my mother
    as seller and Pamintuan as the
    buyer.

    Q18 Have you seen the purported


    deed of conditional sale?

    A18 Yes. Upon checking with the


    ROD, I was able to peruse at
    the alleged deed of conditional
    sale and it appears that the
    property has been transferred
    to Ashton Pamintuan by my
    mother, Julia de la Cruz.

    Q19 What did you do after


    discovering this transfer?

    A19 I tried to look for his


    whereabouts but to no avail.

    Q20 Below this Judicial Affidavit is


    your printed name. Are you
    willing to voluntary sign this
    document?
    Page 7 of 8

    A20 YES.

    IN WITNESS WHEREOF, I have hereunto set my hand on


    this 27TH of January 2016 at Brgy. 62A Sagkahan, Tacloban
    City.

    KHLOE MARIELLE DE LA CRUZ


    AFFIANT
    Page 8 of 8

    JURAT

    SUBSCRIBED AND SWORN to before me, this 27TH of January 2016, by the
    Affiant who is personally known to me and/or whom I have identified through
    competent evidence of identity and who exhibited his/her Community Tax
    Certificate No. 1145-45454issued at Tacloban City on January 2016.

    ATTY. GUILLERMO TAN


    NOTARY PUBLIC

    ATTESTATION CLAUSE

    I, ____, lawyer and notary public, on my oath as


    person who witnessed the conduct of the direct examination of
    the witness at Tacloban City, hereby attest to the following:

    (1) That I have faithfully recorded or caused to be recorded


    the questions that were asked and the corresponding
    answers that the witness gave; and

    (2) that neither I or any other person then present coached


    the witness regarding the latter's answers.

    Tacloban City, February ____ 2016.

    Doc No. ____


    Page No. _____
    Book No. _____
    Series of 2016

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