REPUBLIC OF THE PHILIPPINES

MUNICIPAL CIRCUIT TRIAL COURT

Taal-San Nicolas, Batangas

SUSAN ROXAS,
     Plaintiff,
                                                                                CIVIL CASE No. 98765
                         -versus-                                            FOR: Unlawful Detainer

SPS. JUAN BERNABE and

ESTELLA BERNABE,
      DefendantS.

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

JUDICIAL AFFIDAVIT
(Pursuant to SC A.M. No. 12-8-8-SC)

I, SUSAN ROXAS, of legal age, single, Filipino, and residing at Cuta Looban,
Barangay Cuta, Batangas City, petitioner in this case, state under oath as follows:

PRELIMINANARY STATEMENT

The person examining me is Atty. Mark Regidor M. Colegio, with address at Barangay Cuta,
Batangas City. The examination is being held at the same address. I am answering her
questions fully conscious that I do so under oath and may face criminal liability far false
testimony and perjury.

OFFER

The testimony of SUSAN ROXAS is being offered to prove:

A. All the allegations in the complaint including all annexes appended thereto and which
were already marked as exhibits in this case;
B. All other related matters, facts and circumstances relevant and material to this case.

JUDICIAL AFFIDAVIT PROPER

This Judicial Affidavit was taken at the office of Atty. MARK REGIDOR M. COLEGIO at Room
212, Injap Building, Cuta Looban, Barangay Cuta, Batangas City.

Questions were propounded and questions are numbered consecutively and each question
is followed by an answer of the witness.

Question 1. State you name and your personal circumstances.

Anwer: My name is SUSAN ROXAS and I am 50 years old, Single, and Filipino. I am a
resident of Barangay Cuta, Batangas City. I am a Bank Employee.

Question 2. Do you swear to tell the truth and nothing but the truth being aware you can
face criminal liability for false testimony or perjury if you will not tell the truth?
Answer: Yes. I do swear.

Question 3. Do you know the spouses Juan Bernanbe and Estella Bernabe?

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Anwer. Yes

Question 4. How do you know them?

Anwer: They are the ones who are presently residing and occupying a portion of my
residential property by tolerance.

Question 5. I am showing you this document, herein referred to as Annex 1. Do you know
this document?
Answer: Yes, I do.

Question 6. What is this document?

Answer: It is the Transfer Certificate of Title entitled TCT No. T-114802 of the 500 square
meter lot located at Butong, Taal, Batangas, with my name as owner.

Question 7. What occurred in the year 2012 regarding this lot?

Answer: Juan and his wife Estella Bernabe came to me and asked if they can continue
occupying a portion of my lot with a small house built on it in Butong, Taal, Batangas which I
had just purchased during that time from Spouses Jose and Maria Castillo.

Question 8. What did they build on the said lot?

Answer: A house made of light materials only.

Question 9. Was there a written contract made when you allowed the Spouses Bernabe to
occupy said lot?
Answer: There was no contract, I just allowed them to occupy the lot and I had nothing in
mind during that time for anything that would require the use of said lot.

Question 10. Were there any conditions made regarding the allowance of occupation of the
Spouses Belita in the said lot?
Answer: No condition, except that if I would be needing the said lot they should vacate the
premises.

Question 11. Did you demand payment of rentals to such occupation?

Answer: No. I just let them occupy said lot temporarily.

Question 12. What happened on February 28, 2020?

Answer:. I told the Spouses Bernabe to vacate the lot within two (2) months from February
28, 2019 to April 28, 2019 since I will be needing the lot to build an apartment.
Question 13. When you demanded the spouses Bernabe to vacate the lot, what was their
response?
Answer: They said that they cannot vacate the lot because they do not have any house to
transfer to.

Question 14. What did you say to the spouses Bernabe?

Answer: I told them that they have two months to look for a house where they can transfer
and that they can comeback once the apartment is finished but they have to pay for the
rental.

Question 15. On May 1, 2020, few days after the grace period of two months to vacate the
lot, what did you see on your lot?
Answer: The spouses Bernabe made no effort to vacate the premises. They still occupy the
lot.

Question 16. What course of action did you take afterwards?

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Answer: I sent them demand letter to vacate the lot within 15 days from receipt of the
letter.

Question 17. This second document I am now showing you, herein referred to as
Annex 2, what is this document?
Answer: This is the demand letter I sent on May 4, 2020.

Question 18. How was this demand letter sent and received by the Spouses Belita?
Answer: It was sent by registered mail and it was received by them the same way.

Question 19. This third document I am showing you, herein referred to as Annex 3, what is
this document?
Anwer: It is the return registry card. It shows they received my letter of demand to vacate
on May 07, 2020.

Question 20. After 15 days, on May 19, 2020, who were at your lot?
Answer. The Spouses Bernabe were still in my lot despite my demands.

Question 21. After they refused to vacate, what did you do next?
Answer: I filed a complaint with the Barangay Chair of Butong, Taal, Batangas for
conciliation and mediation between myself and the spouses Belita.

Question 22.What was the result of the conciliation and mediation with Barangay
Chair?
Answer: We could not find an agreement for they are insistent that they have nowhere to
go to.

Question 23. I am now showing you a fourth document, herein referred to as Annex 4.
What is this document?
Answer: It is a Certification to File Action. The certificate was issued to me by the Secretary
of the Pangkat after we could not settle during the conference.

Question 24. What other attempts did the spouses Belita do to help settle the matter?
Answer: None, we have not talked or communicated with each other since the last
conciliation conference.

Further Affiant Sayeth Naught.

IN WITNESS WHEREOF, I have hereunto set my had this 6th day of October, 2015,
Iloilo City.

SUSAN ROXAS
Affiant

SUBSCRIBED AND SWORN TO before me this 6th day of October, 2015, in Iloilo City,
Philippines, affiant showing to me his competent evidence of identity being his Driver’s
License Identification No. 56789 through which he was identified.

Q: How are you related to ALVIN MARQUEZ, the plaintiff in Civil Case No. 10-0729
before the Metropolitan Trial Court of Manila for Unlawful Detainer against AB Corporation
and Roven Trias?

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A: I am the same.

Q: Do you know defendant AB Corporation?

A: Yes. ACM Corporation is the lessee occupying the subject property since April 1, 2012
which I own described under TCT No. 729610 of the Registry of Deeds of Quezon City. A
certified true copy of the said TCT is Exhibit -“A”.

Q: Do you know defendant Roven Trias ?

A: Yes, defendant Roven Trias subleased the same property being leased by ACM
Corporation with my consent.

Q: How did the defendant ACM Corporation was able to occupy your subject property?
A: ACM Corporation leased my property for a period of 2 years from April 1, 2012 to March
31, 2014 which is Exhibit B.

Q: How did the defendant Roven Trias was able to occupy your subject property?
A: Defendant Trias have possessed my property as a sub-lessee.

Q: What did you do after defendants’ failure to voluntarily vacate the occupied property upon
expiration of the agreed lease period?
A: I visited and informed both the defendants that they must vacate my property because I
would use it for my business and both defendants promised that they would leave the
premises on the expiration of the contract. For their failure to comply with the promise, I
have posted a Demand to Vacate on April 15, 2014, in conspicuous places within the leased
premises as a notice to defendants to vacate said premises.

Q: What is your proof that you posted a notice to vacate on April 15, 2014 upon the
defendants?
A: I have here a copy of the Notice to vacate which is Exhibit “C”.

Q: What was the action of defendants after posting the notice to vacate?
A: None. The defendants refused to vacate and surrender possession of my property.

Q: What step did you take after the refusal of the defendants to vacate the subject property
despite demand?
A: I filed this action against the defendant in this case for Unlawful Detainer before the
MTC Manila.

Q: In your complaint you are asking for rental for the use and occupation of the defendants in
this case, how much is your claim for said rentals?
A: The agreed rental per month which is 20,000 for the use and occupation of my property
starting from April 1, 2014 until the possession of the subject property is turned over by the
defendants.

Q: Finally, do you know why you are executing foregoing sworn statement in this case?
A: Yes. I am executing this sworn statement to be adapted as my direct examination in this
case to prove my causes of action for unlawful detainer against the defendants in the above
entitled case, and this Judicial Affidavit be marked as Exhibit –“E”.

IN WITNESS WHEREOF, I hereby affix my signature this 30 th day of July 2014, in

the Quezon City.

ALVIN MARQUEZ
Affiant

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 ATTESTATION
I hereby attest that on this 30th day of April 2014, I have personally examined the
plaintiff ALVIN MARQUEZ; and that I have faithfully recorded or caused to be recorded
the questions asked and the corresponding answers thereto made by him. I further attest that I
nor any other person herein present, or assisting me, never coached ALVIN MARQUEZ
regarding his answers.

Quezon City for the City of Manila. April 30, 2014.

CELESTINE MARCIAL
Lawyer- affiant
Counsel for Plaintiffs
34 Balingasa St., Balintawak, Quezon City
Contact No. 3696891
ROLL No. 03270228
P.T.R. NO. A-07100715-1/3-8-2014 Q.C

SUBSCRIBED AND SWORN to before me this 30 th day of April 2014 in Quezon

City. Affiant exhibited to me their identification cards bearing their photograph and
signature, as follows:

Name: Issued by/ID No.:

ALVIN MARQUEZ SSS ID – No 12-1845
CELESTINE MARCIAL IBP No. – 1107015
known to me to be the same persons who executed the foregoing document.

WITNESS MY HAND AND SEAL on the date and at the place first above-written.

Doc. No. _____; Notary Public

Page No. _____;
Book No._____;
SERIES of 2014.

Copy Furnished:

ATTY. DANIEL GORIN Personal Service

Counsel for Defendant ACM Corporation and Roven Trias
GORIN AND ASSOCIATES LAW OFFICE
38 MAlagasang II-A, Imus, Cavite
Contact No.09258772453

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