Plaintiff, CIVIL CASE No. 98765 - Versus-For: Unlawful Detainer
Plaintiff, CIVIL CASE No. 98765 - Versus-For: Unlawful Detainer
SUSAN ROXAS,
Plaintiff,
CIVIL CASE No. 98765
-versus- FOR: Unlawful Detainer
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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
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.
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 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 5. I am showing you this document, herein referred to as Annex 1. Do you know
this document?
Answer: Yes, I do.
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 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.
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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.
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: 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”.
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.
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
WITNESS MY HAND AND SEAL on the date and at the place first above-written.
Copy Furnished:
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