JA JEAN RODRIGUEZ Final

1
REPUBLIC OF THE PHILIPPINES

Sixth Judicial Region
Sixth Municipal Circuit Trial Court
Altavas-Balete
Balete, Aklan
RODELINO N. RODRIGUEZ,
Plaintiff,
-versus- Civil Case No. 311-B

For: FORCIBLE ENTRY WITH PRAYER FOR
TEMPORARY RESTRAINING ORDER
FELOMINA PASTOLERO y RODRIGUEZ,

BEBOT PASTOLERO, GIL OBRIQUE,
MYLENE OBRIQUE and ENGR. BORGIE RODRIGUEZ,
Defendants.
x-------------------------------------------------x
JUDICIAL AFFIDAVIT
(Rule on Judicial Affidavit,
A.M. No. 12-8-8-12, September 4, 2012)
I. PRELIMINARY INFORMATION.
NAME AND OTHER PERSONAL CIRCUMSTANCES OF THE WITNESS.
Name : JEAN O. RODRIGUEZ

Age :
Address : Vizcarra Subdivision, Kalibo, Aklan
Occupation : Housewife;
Language : English and Tagalog.
LAWYER WHO CONDUCTED OR SUPERVISED THE EXAMINATION OF

THE WITNESS.
Name : Atty. Melanie O. Guevarra

Address : Cos Guevarra and Associates Law Offices
Unit 201, Dona Eusebia Rodriguez Bldg.
0611 Quirino Avenue, Paranaque City.
Place of Examination: Barangay Estancia, Kalibo, Aklan
II. OFFER.
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The testimony of the witness JEAN O. RODRIGUEZ is being offered to

prove the:
1. That she is the administrator of the subject property from 1977 up to

1984.
3. The history of the tax declarations of the subject property.
3. The actual possession and cultivation of the subject property by the

predecessors-in-interest/decedents of the defendants.
4. The actual possession and cultivation of the subject property by

defendants.
III. JUDICIAL AFFIDAVIT PROPER.
I, JEAN O. RODRIGUEZ, of legal age, widow, Filipino, and residing at

Vizcarra Subd. Kalibo, Aklan, under oath, depose:
1. Q – Please state your name, age, residence, and occupation of the

witness.
A – I am JEAN O. RODRIGUEZ, of legal age, widow, Filipino, and
residing at Vizcarra Subd. Kalibo, Aklan.
2. Q- Why are you here now?

A – To give a sworn statement by way of a judicial affidavit, the same to
constitute as my direct testimony, in the above-captioned civil case.
3. Q- For the record, please state the name and address of the Lawyer
who is now conducting or supervising your examination and the place
where the examination is being held now?
A – The legal counsel for the defendants, Atty. Melanie O. Guevarra is
conducting or supervising my examination now at Brgy. Estancia,
Kalibo, Aklan.
4. Q – In what language do you want your examination to be conducted?

A – This judicial affidavit is prepared in English.
5. Q – Do you undertake to answer the questions to be asked of you, fully

conscious that you will do so under oath, and that you may face criminal
liability for false testimony or perjury?
A - Yes.
6. Q– Do you know the plaintiff in this case?

A – Yes. I know him as a former policeman and son of Marcelino
Rodriguez. I also know Marcelino Rodriguez as the son of the former
3
house helper of my mother-in-law, Felomina Rodriguez, known by the

nickname, Tali, who was also a native of Balete. Tali was impregnated at
the time she was working for my mother-in-law without disclosing to the
latter the father of her child. Then, few years later, we were just surprised
when we learned that Tali surnamed her son, Marcelino, as Rodriguez
also. She was confronted by the eldest brother of my husband, Rizal
Rodriguez why she surnamed her son, as Rodriguez, but Rizal could not
do anything about it anymore as the surname Rodriguez was already
placed in the birth certificate of Marcelino.
7. Q – Do you know the defendants in this case of this case?

A- Yes. Borjie Rodriguez is my son, Mylene and Gil Obrique are the
niece and nephew, respectively, of my late husband, Bernardo Rodriguez
while Felomina Pastolero is also the niece of my late husband and Efren
Pastolero is the husband of Felomina.
8. Q - Why are your testifying in this case?

A – I am testifying in this case as the administrator of the subject property
from 1976 up to 1985, and sister –in-law of the previous owner and
possessor of the subject property, Lovell Rodriguez-Obrique, who has the
personal knowledge of the actual possessors and tillers of the subject
property from the time it was inherited by the sister of my late husband,
deceased Lovell Rodriguez Obrique, from their mother, Felomina
Rodriguez up to the present.
9. Q- Do you have proofs that you were the administrator of the subject
property from 1976 up to 1985?
A- Yes, Ma’am. I have here with me a copy of the Tax Declaration
covering the subject property Lot 1442, with entry that states that I certify
the true value of the property of which I am the administrator is, to the best
of my knowledge and belief.
10. Q- I am showing to you Tax Declaration covering Lot 1442 under the name
Robin Abello with an entry stating that Jean Rodriguez is the
administrator of the subject property, is this the same entry in the Tax
Declaration you were referring to?
A- Yes.
Manifestation:
Atty. Guevarra: Your Honor, I am requesting that the Entry in the Tax
Declaration in the name of Robin Abello which states that Jean Rodriguez
certifies the true value of the property of which she is the administrator is,
to the best of her knowledge and belief be marked as Exhibit “17”.
11. Q - Are you familiar with the real property subject matter of this
case?
A - Yes. As the administrator from 1976 up to 1985, I always visited the
subject property.
4
12. Q - Can you describe the subject property?

A - Yes. The subject property is a parcel of land with Lot No. 1442 located
in Morales, Balete, Aklan. Before it was sold to DBP in 1984, it was covered
by Tax Declaration No. 2779 in the name of Lovell Obrique and Tax
Declaration in the name of Ruben Abello from 1977 to 1985.
13. Q - Are you familiar with the history of the tax declarations of the subject
property?
A – Yes, I am familiar being the administrator of the subject property from
1976 up to 1985, and sister –in-law of the previous owner and possessor of
the subject property, Lovell Obrique. I have the personal knowledge of the
actual possessors and tillers of the subject property from the time it was
inherited by my sister-in-law, deceased Lovell Rodriguez Obrique, from
their mother, Felomina Rodriguez up to the present.
14. Q –Can you tell us the history of the Tax Declarations, which you
earlier identified?
A – Yes. The Tax Declaration No. 2779 is in the name of Lovell Obrique
being owner and possessor of the subject property until she died in 1973.
She inherited the ownership and possession of said property from her
mother, Jimena Rodriguez. As I said earlier, Lovell was the younger sister of
my late husband, Bernardo Rodriguez.
In 1976, Lovell’s husband, Josue Obrique, sold the subject property to and
transferred its Tax Declaration in the name of Robin Abello.
In 1984, the subject property was transferred from Robin Abello to DBP by
virtue of Deed and Affidavit of Consolidation of Ownership as evidenced by
Tax Declaration No. 3731.
15. Q- Do you have a proof to this?

A- Yes. In Tax declaration No. 3731, there is an entry stating that, to quote
“Formerly declared and assessed in the name of Rubin Abello and now in
the name of the Development Bank of the Philippines by virtue of Deed and
Affidavit of Consolidation of Ownership executed before Notary Public I.
Martelino for Aklan and entered in his Notarial registry as Doc No. Page No.
27, Book No. IX, Series of 1984.”
Manifestation:
Atty. Guevarra: Your Honor, I am requesting that the Entry in the Tax
Declaration No. 3731 in the name of Development Bank of the Philippines
(DBP), which states that, to quote “Formerly declared and assessed in the
name of Rubin Abello and now in the name of the Development Bank of the
Philippines by virtue of Deed and Affidavit of Consolidation of Ownership
executed before Notary Public I. Martelino for Aklan and entered in his
Notarial registry as Doc No. Page No. 27, Book No. IX, Series of
1984.”Robin Abello which states that Jean Rodriguez certifies the true value
5
of the property of which she is the administrator is, to the best of her
knowledge and belief be marked as Exhibit “18”.
16. Q-Are you familiar with the history of the actual possessors and tillers of the
subject property?
A- Yes.
17. Q – Can you tell us about the same?

A- Yes. It was Lovell Rodriguez who was the actual possessor of the
property from the time she inherited it from her uncle who died without
issue, Inocentes Jimera, upon the death of the latter sometime in _____.
When Lovell died in 1973, her sister Concejo Rodriguez replaced her in the
possession and cultivation of the property. In 1976, Lovell’s husband sold it
to Robin Abello but with an agreement that Concejo Rodriguez would still
actually cultivate or till the property until her death in 1995. That even
though it was already consolidated in the name of DBP, the possession had
never been taken away from our family. When Concejo died in 1995, she
was replaced by my son, Bernardo Rodriguez, who was also replaced
eventually by my grandson, Jan Karlo Rodriguez; by Joel Obrique, son of
the late Lovell; and Felomina Pastolero, daughter of the eldest brother of my
late husband and Lovell, also deceased Rizal Rodriguez. That since time
immemorial up to the present, our family has enjoyed continuous, peaceful
and uninterrupted possession and ownership over the subject property until
Rodelino Rodriguez started to threaten them.
18. Q – Do you have proof of the history of the actual possessors and tillers of
the subject property?
A- Yes, I have here the certified true copies of the Tax Declarations of the
following:
1) Tax Declaration No. _______in the name of _________
19. Q- Do you have anything else to say?

A - Not at the moment.
19. Q - Do you confirm and affirm the veracity of your statement?

A -Yes Ma’am.
Nothing Follows.
JEAN O. RODRIGUEZ
Affiant
SUBSCRIBED and sworn to before me in Kalibo, Aklan on

_____________affiant showing his/her competent proof of identity, to wit:
Notary Public
Doc. No. __
6
Page No. __
Book No. __
Series of 2018.
IV. SWORN ATTESTATION OF THE LAWYER WHO CONDUCTED

OR SUPERVISED THE EXAMINATION OF THE WITNESS.
I, Melanie Obrique-Guevarra, member of Philippine Bar in good standing,

under oath, depose and state that:
1. I conducted the question and answer examination of the witness on

July ___2018 at Brgy. Estancia, Kalibo, Aklan.
2. I faithfully recorded or caused to be recorded the questions I asked

and the corresponding answers that the affiant/witness gave thereof;
3. The witness gave her testimony and answers fully conscious that she
does so under oath and that she may face criminal liability for false testimony or
perjury;
4. The documents attached to this affidavit are the faithful reproduction

of the originals; and
5. Neither I nor any person present during the conduct of examination

coached the witness regarding her answers or any information given by the
witness.
IN WITNESS WHEREOF, I have hereunto set my hand this at

____________________Paranaque City.
ATTY. MELANIE OBRIQUE-GUEVARRA

Affiant
SUBSCRIBED AND SWORN to before me this ___________________.

Affiants Jean O. Rodriguez and Atty. Melanie Obrique Guevarra exhibited to me
their Identification No. _________ issued by the __________and IBP I.D. Roll of
Attorneys No. 56511, respectively, of which I was able to ascertain their identities.
Doc. No. ______;

Page. No. ______;
Book No. ______;
Series of 2018.
7

JA JEAN RODRIGUEZ Final

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1

REPUBLIC OF THE PHILIPPINES

-versus- Civil Case No. 311-B

FELOMINA PASTOLERO y RODRIGUEZ,

NAME AND OTHER PERSONAL CIRCUMSTANCES OF THE WITNESS.

Name : JEAN O. RODRIGUEZ

LAWYER WHO CONDUCTED OR SUPERVISED THE EXAMINATION OF

Name : Atty. Melanie O. Guevarra

Place of Examination: Barangay Estancia, Kalibo, Aklan

The testimony of the witness JEAN O. RODRIGUEZ is being offered to

1. That she is the administrator of the subject property from 1977 up to

3. The history of the tax declarations of the subject property.

3. The actual possession and cultivation of the subject property by the

4. The actual possession and cultivation of the subject property by

III. JUDICIAL AFFIDAVIT PROPER.

I, JEAN O. RODRIGUEZ, of legal age, widow, Filipino, and residing at

1. Q – Please state your name, age, residence, and occupation of the

2. Q- Why are you here now?

4. Q – In what language do you want your examination to be conducted?

5. Q – Do you undertake to answer the questions to be asked of you, fully

6. Q– Do you know the plaintiff in this case?

house helper of my mother-in-law, Felomina Rodriguez, known by the

7. Q – Do you know the defendants in this case of this case?

8. Q - Why are your testifying in this case?

12. Q - Can you describe the subject property?

15. Q- Do you have a proof to this?

17. Q – Can you tell us about the same?

1) Tax Declaration No. _______in the name of _________

19. Q- Do you have anything else to say?

19. Q - Do you confirm and affirm the veracity of your statement?

SUBSCRIBED and sworn to before me in Kalibo, Aklan on

IV. SWORN ATTESTATION OF THE LAWYER WHO CONDUCTED

I, Melanie Obrique-Guevarra, member of Philippine Bar in good standing,

1. I conducted the question and answer examination of the witness on

2. I faithfully recorded or caused to be recorded the questions I asked

4. The documents attached to this affidavit are the faithful reproduction

5. Neither I nor any person present during the conduct of examination

IN WITNESS WHEREOF, I have hereunto set my hand this at

ATTY. MELANIE OBRIQUE-GUEVARRA

SUBSCRIBED AND SWORN to before me this ___________________.

Doc. No. ______;

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1) Tax Declaration No. _in the name of ___