SAMPLE JA ADMIN Republic of the Philippines REGIONAL TRIAL COURT Second Judicial Region Branch II Tuao, Cagayan IN RE: PETITION FOR THE ISSUANCE OF ANOTHER OWNER’S DUPLICATE COPY OF ORIGINAL CERTIFICATE OF TITLE NO. ___________. ADM.CASE NO.________ JUAN DELA CRUZ, Petitioner, x--------------------------------------------x JUDICIAL AFFIDAVIT This is an examination of Tomas Florenino conducted by the undersigned counsel in the latter’s Law Office located at Di Mahanap Street, Tuguegarao City, Cagayan. Further, the undersigned counsel, unto this Honorable Court, respectfully submits this Judicial Affidavit of the above-named witness. PREFATORY STATEMENT I, JUAN DELA CRUZ, of legal age, married, Filipino citizen and a resident of ZonaKwatro, Liko-Liko Street, Di MatanawBrgy., Cagayan. I am fully aware that I am under oath and that I could be held criminally and civilly liable for any false statement that I would make. I am willing to proceed with my testimony in this Judicial Affidavit. 1
Transcript
SAMPLE JA ADMINRepublic of the Philippines
REGIONAL TRIAL COURTSecond Judicial Region
Branch IITuao, Cagayan
IN RE: PETITION FOR THE ISSUANCE OF ANOTHER OWNER’S DUPLICATE COPY OF ORIGINAL CERTIFICATE OF TITLE NO. ___________.
This is an examination of Tomas Florenino conducted by the undersigned counsel in the latter’s Law Office located at Di Mahanap Street, Tuguegarao City, Cagayan. Further, the undersigned counsel, unto this Honorable Court, respectfully submits this Judicial Affidavit of the above-named witness.
PREFATORY STATEMENT
I, JUAN DELA CRUZ, of legal age, married, Filipino citizen and a resident of ZonaKwatro, Liko-Liko Street, Di MatanawBrgy., Cagayan. I am fully aware that I am under oath and that I could be held criminally and civilly liable for any false statement that I would make. I am willing to proceed with my testimony in this Judicial Affidavit.
JUAN DELA CRUZ
PROFFER OF ORAL TESTIMONY
The testimony of JUAN DELA CRUZ is offered to prove the following: (1) that he is the brother of MARIA DELA CRUZ; (2) that MARIA DELA CRUZ is the lawful owner of a parcel of land covered under Original Certificate of Title No. P-___________ which is marked as EXHIBIT “A”; (3) that MARIA
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DELA CRUZ had lawfully acquired the same from JUANA DE KO ALAM through Extrajudicial Settlement with Deed of Absolute Sale which is marked as EXHIBIT “G”; (4) that the Original Certificate of Title No. _____ is lost in MARIA DELA CRUZ’S possession which prompts her to execute an Affidavit of Loss which is marked as EXHIBIT “H”; (5) that he will identify relevant documents; and (6) that he will testify on other matters pertaining to surrounding circumstances in the instant petition.
DIRECT TESTIMONY OF TOMAS FLORENTINO
Q01: How are you related with the petitioner in the instant petition?
A01: She is my sister, sir.
Q02: Do you know the nature of the instant petition she had filed?
A02: Yes, sir. This case is for the issuance of another owner’s duplicate copy of Original Certificate of Title No. _____, sir.
Q03: Who is the owner of the parcel of land covered under Original Certificate of Title No.P______?
A03: My sister Maria dela Cruz, sir.
Q04: How big is the parcel of land?A04: It contains an area of Four Thousand Five Hundred and
Ninety One (4,591) square meters, sir.
Q05: Who is the registered owner of that parcel of land covered under Original Certificate of Title No._____?
A05: It was registered in the name of Pedro dela Cruz, sir.
Q06: If I show to you the Original Certificate of Title No. _______, will you be able to identify the same?
A06: Yes, sir.
Q07: I am showing to you this Original Certificate of Title No. _____, what can you say about this title?
A07: This is the one I am referring earlier, sir.
ATTY. _____________:Your honor, I am making on record that I showed and
handed to Juan dela Cruz the copy of the Original Certificate of Title No. ______, and that he identified the same. The
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Original Certificate of Title No. P-5044 is marked as EXHIBIT “A”.
Q08: Do you know who is this Pedro dela Cruz?A08: Yes, sir.
Q09: Why do you know him?A09: He is the grandfather of CARING TODO MAX from
whom my sister bought the parcel of land, sir.
Q10: Who are the parents of Caring dela Cruz, if you know any?
A10: Mariano dela Cruz and Ildefonsadela Cruz, sir.
Q11: How did Caring Todo Max acquired the parcel of land that is covered under Original Certificate of Title No. _______?
A11: She inherited it from her father, Mariano dela Cruz, because the latter is the sole son of Pedro dela Cruz, sir.
Q12: Do you have any proof of your claim that Mariano dela Cruz is the sole son of Pedro dela Cruz?
A12: Yes, sir.
Q13: What is your proof?A13: The Negative Certification of Birth issued by the
National Statistics Office, sir.
Q14: If I show to you a copy of Negative Certification of Birth of Mariano dela Cruz issued by the National Statistics Office, will you be able to identify the same?
A14: Yes, sir.
Q15: I am showing to you a copy of Negative Certification of Birth issued by the National Statistics Office, what can you say about this document, if there is any?
A15: This is the Negative Certification of Birth issued by the National Statistics Office that I was referring to earlier, sir.
ATTY. _____________:Your honor, I am making on record that I showed and
handed to Juan dela Cruz the copy of Negative Certification of Birth, and that he identified the same. The Original Negative Certification of Birth is marked as EXHIBIT “B”.
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Q16: You have said earlier that Caring dela Cruz is the daughter of Mariano dela Cruz, do you have any proof to your claim?
A16: Yes, sir.
Q17: What is your proof?A17: The Marriage Certificate between Mariano dela Cruz
and Ildefonsadela Cruz and the Birth Certificate of Caringdela Cruz, sir.
Q18: If I show to you the Marriage Certificate between Mariano dela Cruz and Ildefonsadela Cruz and the Birth Certificate of Caring dela Cruz, will you be able to identify the same?
A18: Yes, sir.
Q19: I am showing to you a copy of Marriage Certificate between Mariano Florentino and Ildefonsa Valencia and the Birth Certificate of Eva Florentino, what can you say about this document, if there is any?
A19: This is the Marriage Certificate and Birth Certificate that I was referring to earlier, sir.
ATTY. LOUIE A. SOCRATES:Your honor, I am making on record that I showed and
handed to Tomas Juan dela Cruz the copy of the Certificate between Mariano dela Cruz and Ildefonsadela Cruz and the Birth Certificate of Caring dela Cruz, and that he identified the same. The Marriage Certificate and Birth Certificate are marked as EXHIBIT “C” and EXHIBIT “D”.
Q20: You also said that Caring dela Cruz inherited the parcel of land covered under Original Certificate of Title No. _______, is it safe to say that the parents of Caring dela Cruz were already deceased?
A20: Yes, sir. They were already departed.
Q21: What is your proof?A21: The Death Certificates of Mariano dela Cruz and
Ildefonsadela Cruz and itself, sir.
Q22: If I show to you the Death Certificates of Mariano dela Cruz and Ildefonsadela Cruz, will you be able to identify the same?
A22: Yes, sir.
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Q23: I am showing to you the copies of Death Certificates of Mariano dela Cruz and Ildefonsadela Cruz, what can you say about this document, if there is any?
A23: These are the Death Certificates of Mariano dela Cruz and Ildefonsadela Cruz, sir.
ATTY. __________________:Your honor, I am making on record that I showed and
handed to Tomas Florentino the copy of the Death Certificates of Mariano dela Cruz and Ildefonsadela Cruz, and that he identified the same. The Death Certificates of Mariano dela Cruz and Ildefonsadela Cruz are marked as EXHIBIT “E” and EXHIBIT “F”.
Q24: Can you tell me how you acquired the parcel of land covered under Original Certificate of Title No. ________fromCaring dela Cruz?
A24: Sometime in year 2010, Caring dela Cruzwith the conformity of her mother, Ildefonsadela Cruz, verbally offered to sell the parcel of land covered under Original Certificate of Title No. _______, sir.
Q25: What happened next, if there is any?A25: Caring dela Cruz handed to Maria dela Cruz the
Original Certificate of Title No. _________to serve as a guaranty, sir.
Q26: After she handed the Original Certificate of Title No. ______, what happened next?
A26: I place it in a organizing folder that contains different kinds of important documents, sir.
Q27: What did they do after, if there is any?A27: To fully perfect their agreement, Maria dela Cruz and
Caring dela Cruz executed an Extrajudicial Settlement with Deed of Absolute Sale, sir.
Q28: Do you have proof to that effect?A28: Yes, sir.
Q29: What is your proof?A29: The Extrajudicial Settlement with Deed of Absolute
Sale, sir.
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Q30: If I show to you the copy of Extrajudicial Settlement with Deed of Absolute Sale, will you be able to identify the same?
A30: Yes, sir.
Q31: I am showing to you the copy of Extrajudicial Settlement with Deed of Absolute Sale, what can you say about this document, if there is any?
A31: This is the Extrajudicial Settlement with Deed of Absolute Sale that they executed, sir.
ATTY. __________:Your honor, I am making on record that I showed and
handed to Juan dela Cruz the copy of the Extrajudicial Settlement with Deed of Absolute Sale, and that he identified the same. The Extrajudicial Settlement with Deed of Absolute Sale is marked as EXHIBIT “G”.
Q32: What happened next, if there is any?A32: We came to know only that the organizing folder
where she placed the Original Certificate of Title No. _______ including other important documents went missing.
Q33: What did you after, if there is any?A33: We diligently search and made an effort to locate the
organizing folder, sir.
Q34: Did you find the organizing folder containing among others the Original Certificate of Title No. _______?
A34: No, sir.
Q35: What did you do after, if there is any?A35: My sister, Maria dela Cruz, executed an Affidavit of
Loss, sir.
Q36: If I show to you the copy of Affidavit of Loss executed by Maria dela Cruz, will you be able to identify the same?
A36: Yes, sir.
Q37: I am showing to you the copy of Affidavit of Loss executed by Maria dela Cruz, what can you say about this document, if there is any?
A37: This is the Affidavit of Loss executed by Maria dela Cruz, sir. I can identify the same because this is her signature.
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ATTY. _________________:Your honor, I am making on record that I showed and
handed to Juan dela Cruz the copy of the Affidavit of Loss, and that he identified the same. The Affidavit of Loss is marked as EXHIBIT “H”.
Q38: By the way Juan dela Cruz, do you have any authority to appear and testify on behalf of the petitioner?
A38: Yes, sir.
Q39: What is your proof, if there is any?A39: This Special Power of Attorney, sir
ATTY. LOUIE A. SOCRATES:Your honor, I am making on record that Juan dela Cruz
showed and handed to me the copy of the Special Power of Attorney. The Special Power of Attorney is marked as EXHIBIT “I”.
Q40: With all the disclosure that you have made, my question is that why do you have such relevant information in regards to this instant case?
A40: I have first hand information because I am with my sister for all the dealings/transactions that she made, sir.
Q41: I have nothing more to ask, do you want to add more to your testimony?
A41: No more, sir.
Q42: Peruse the foregoing questions and answers and examine your own statements in this Judicial Affidavit before you sign it. Do you confirm and affirm to the truthfulness and veracity of all the foregoing?
A42: Yes, I confirm and affirm that the foregoing statements in my Judicial Affidavit are true and correct according to my personal knowledge of the surrounding circumstances. The same shall serve as my direct testimony in the above-captioned case.
Q43: Are you willing to sign your judicial affidavit?A43: Yes, sir.
Affiant further sayeth naught.
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IN WITNESS WHEREOF, I have hereunto set my hand this __________________ at Tuguegarao city, Cagayan.
JUAN DELA CRUZAffiant
SUBSCRIBED AND SWORN to before me this _____________________ at Tuguegarao City, Cagayan after the affiant has exhibited to me his __________________________ as competent proof of his identity.
Doc. No. :_____;Page No. :_____;Book No. :_____;Series of 2014
ATTESTATION
In compliance with A.M. No. 12-8-8-SC, otherwise known as the Judicial Affidavit Rule, I, ___________________________, hereby certify that I have conducted/supervised the examination of the above-named witness, and that:
1. I have faithfully caused to be recorded the questions asked of, and the corresponding answers given by the witness; and
2. Neither I nor any other person then present or assisting me coached the witness regarding the latter’s answers.
ATTY. ________________________
SUBSCIBED AND SWORNbefore me this ____________________, in Tuguegarao City, Cagayan, and affiant presented and shown to me his Roll no. _________as proof of his identity.
Doc. No. :_____;Page No. :_____;Book No. :_____;Series of 2014
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PRE TRIAL BRIEF
Republic of the PhilippinesNational Capital Judicial Region
REGIONAL TRIAL COURTMakati City, Branch 168
EUNICE CRUZ-SANTIAGO, Civil Case No.: 12-168168
Petitioner, For: Declaration of Nullity of
Marriage under Art. 36 of the
Family Code of the Philippines
- versus -
MICHAEL SANTIAGO,
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Respondent.
x -----------------------------------------------------------------------------x
PRE-TRIAL BRIEF OF THE PETITIONER
The Petitioner, represented by the undersigned counsels as her
attorneys-in-law, respectfully submits to this Honorable Court this Pre-
Trial Brief, to wit:
I.
POSSIBILITY OF AMICABLE SETTLEMENT OR ALTERNATIVE MODES OF DISPUTE RESOLUTION
The Petitioner is not willing to consider any amicable settlement
or undergo alternative modes of dispute resolution with respect to the
primary prayer ofthis petition. However, the Petitioner is open to the
possibility of amicable settlement in relation to the partition and
accounting of the conjugal properties and assets of her union with the
Respondent.
II.
PROPOSED STIPULATION OF FACTS
The Petitioner proposes the following stipulation of facts:
1. Petitioner met Respondent sometime in May 2000 at Power
Plant Mall, Makati, where she worked part-time as a Sales
Personnel at Fully Booked. Respondent was one of the
customers of said bookstore whom she served and who
took an immediate attraction to her.
2. Respondent relentlessly wooed Petitioner for six (6)
months by showering her with flowers and gifts, visiting
her frequently at the bookstore and in her school,
Assumption Makati, and bringing her home.
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3. During the courtship, Petitioner often asked Respondent
where he worked and what his job was, but Respondent
always replied that he was still looking for a suitable job
that his mother would approve of.
4. Petitioner also asked Respondent where he gets his money
whenever they went out on dates since the latter was
unemployed while he was courting Petitioner. Respondent
replied that his parents always gave him an allowance for
“gimmicks,” dates, and out-of-town trips.
5. During their dates, Petitioner observed that Respondent’s
mother would call him every two hours and ask him where
he was. Petitioner also observed that every time she went
out on a date with the Respondent, he always bought his
mother a bouquet of flowers before heading home.
6. Petitioner eventually committed to a relationship with
Respondent after about six (6) months of courtship when
Respondent told her that he would stop courting her if she
would not commit to a relationship with him.
7. About a month into the relationship, Petitioner attempted
to break up with Respondent because she found out that
the Respondent lied to her about looking for a job.
Petitioner discovered that Respondent, since graduating
from college, never sought employment.
8. Respondent later found employment in Villa Socorro
Farm,a company owned by his family where his mother
was the Chief Executive Officer, as an Sales Assistant.
9. Later, Respondent pleaded with the Petitioner to prove her
love to him by asking her to have pre-marital sex with him
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and when she refused, Respondent attempted to commit
suicide.
10. Fearing that Respondent would again attempt suicide,
Petitioner engaged in pre-marital sex with him, resulting in
her feelings of guilt and remorse.
11. Soon after this, Respondent proposed marriage to
Petitioner because he sensed the feelings of constant guilt
and remorse exhibited by Petitioner.
12. Petitioner and Respondent were married to each other at
the Manila Cathedral on 10 January 2002 before a certain
Rev. dela Cruz, as evidenced by their Certificate of
Marriage dated 10 January 2002. The wedding ceremony
and reception at the Manila Hotel was attended by both
parties' friends and family.
13. After the marriage ceremony, the spouses returned to their
respective parents' homes and lived separately since they
had not yet established a conjugal home.
14. Respondent visited Petitioner in her house in North Forbes
Park daily.However, Respondent’s mother would always
call him up and ask him to go home. Respondent’s mother
would ask their family driver to drive her to North Forbes
Park to pick up her son in the wee hours of the morning.
15. In 2002, as a result of Respondent's request, Petitioner
moved in to the house of Respondents' parents believing it
would only be temporary until the couple has enough
money of their own to rent or purchase their own
residence.
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16. In the same year, the couple established an Internet café
business along Makati Avenue, Makati which was mostly
funded by Respondent’s parents with the exception of the
funds invested by the Petitioner.
17. The Internet café business closed down about after a year
due to the fact that it was not earning enough profit with
Petitioner promising the Respondents' parents that they
would reimburse them for the capital they gave to start the
business. Respondents' mother on the other hand told her
reimbursement was not necessary because she never
expected the same.
18. Sometime in 2002, since the couple’s savings were still
insufficient to purchase a house and lot, Petitioner applied
for and was employed as a Management Trainee at Hong
Kong Shanghai Bank (HSBC).
19. While working at HSBC, there were times that Petitioner
would come home late from work only to discover that
Respondent was out of the house or with his friends.
20. Also, there were a few occasions when Respondent was
unable to fetch Petitioner from HSBC as a result of the
prohibition of the former’s mother. In addition to this, there
were several times where Respondent would fetch
Petitioner from the office with his mother.
21. In February 2003, Petitioner and Respondent were finally
able to move out of Respondents' parents home. They
moved to a housepurchased by Respondents' mother on
No. 32 Maya St., which was a block away from
Respondents' parents home.
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22. Respondent’s mother visited them every day, brought
them food for breakfast, lunch, and dinner. Respondent’s
mother also volunteered to pay for the house utilities.
23. Sometime in March 2003, Respondent was relieved of his
position at Santiago Corporation when it was dissolved.
Respondent did not seek employment elsewhere.
24. Respondent’s motherbegan giving her son allowances to
defray his personal and familial expenses. Respondent’s
mother asked Petitioner what expenses were not being
covered by her salary and even volunteered to subsidize
their other household expenses.
25. During this period of unemployment, Respondent
consistently tried to convince Petitioner to move back into
the home of Respondent’s parents, because he stayed
there anyway almost the entire day since he had no work.
26. The couple moved back to Respondent's parents' house
after Petitioner lost her position at HSBC when the bank
experienced a bank run.
27. When the couple returned to the home of Respondent’s
parents, Respondent constantly reminded the Petitioner
that they can live off his parents who can afford to support
them anyway and that Petitioner should just abandon the
idea of moving into their own family home.
28. In a last ditch effort to save her marriage, the Petitioner
convinced the Respondent to undergo marriage counseling
sometime during the month of November 2003.
29. Petitioner brought him to Dr. Jimmy Tan, a psychologist,
who not only counseled the couple until July of 2004 but
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also made a psychological evaluation and assessment of
the Respondent at the request of the Petitioner and with
the knowledge and consent of the former that his wife
would receive a copy of the doctor’s findings.
30. The psychological evaluation and assessment issued by Dr.
Tan on 21 June 2004, revealed that the Respondent is
suffering from a dependent personality disorder which is
serious, incurable and existing prior to the union between
the two, rendering him incapable of performing the
essential marital obligations, the features of which are (1)
difficulty making everyday decisions without an excessive
amount of advice and reassurance from others, especially
Respondent’s mother, (2) needs others to assume
responsibility for the major areas of his life (3) has difficulty
initiating work or doing things on his or her own, (4) feels
uncomfortable or helpless when alone because of
exaggerated fears of being unable to care for himself or
herself, (5) is unrealistically preoccupied with fears of
being left to take care of himself or herself, and (6) an
overwhelming lack of interest to take responsibility for his
actions and his life.
31. As Petitioner could no longer bear the emotional and
psychological stress brought about by Respondent’s
mentality and behavior, she left the home of her parents-
in-law to live on her own sometime in September 2004.
32. As found even by the National Appellate Matrimonial
Tribunal of the Catholic Church in a decision they released
concerning the so-called union between the Petitioner and
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the Respondent on 9 March 2006 penned by a Fr. Rodolfo
Dacanay, S.J., the Respondent manifested a simple but
deep-seated aversion to performing his marital obligations
as he failed to provide the Petitioner with the
companionship, respect, mutual help, support, and care
required by law as he decided to provide the same to his
mother. The said decision goes on to state that the inability
of the Respondent to discharge the essential obligations of
marriage is grave and incurable, as the acts constituting
the same are habitual, persistent, unchanging and of
enduring nature.
III.
ISSUES TO BE TRIED AND RESOLVED
The Petitioner proposes the following issues to be tried and
resolved by this Honorable Court:
1. Whether or not the Respondent has failed to comply with
the essential marital obligations stated in Article 68 of the
Family Code;
2. If the Respondent has failed to comply with the essential
marital obligations stated in Article 68 of the Family Code,
whether or not such failure was due to psychological
incapacity which is grave, serious and incurable and
existing at the time of the marriage, though only
manifesting itself during the marriage.
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IV.
DOCUMENTS TO BE PRESENTED
The Petitioner will present the following documents
1. Marriage Certificate between Eunice Cruz-Santiago and
Michael Santiago made on 10 January 2002.
2. Certificate of Employmentof Michael Santiago from
Santiago Corporation issued on 4 September 2001.
3. Certificate of Employmentof Eunice-Cruz Santiago
from HSBC issued in 2002.
4. Deed of Sale over No. 32 Maya St., Corinthian Gardens,
Quezon City purchased by Michael Santiago's mother on 8
January 2003.
5. Psychological Evaluation and Assessment of Michael
Santiago made by Dr. Jimmy Tan on 21 June 2004.
6. Decision of National Appellate Matrimonial Tribunal
penned by Fr. Rodolfo Dacanay, S.J. on 9 March 2006.
7. Other documents as may be determined to be relevant to
the case during the course of trial.
V.
WITNESSES TO BE PRESENTED
The Petitioner will present the following witnesses:
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1. Eunice Cruz-Santiago will testify as to truthfulness of her
allegations in the petition, particularly the breakdown of
her union with Michael Santiago because of the latter's
psychological incapacity.
2. Dr. Jimmy Tan will testify as to the truthfulness of his
Psychological Evaluation and Assessment of Michael
Santiago made on 21 June 2004. He will also testify as to
how serious Michael Santiago's psychological condition is,
what he believes is the root cause of such condition and
how it has manifested itself in the union between Michael
Santiago and Eunice Cruz-Santiago.
3. Corazon Ayala-Santiago, mother of Respondent, will
testify as to the methods, schemes, and ways in which she
helped her son before and during the marriage. She will
also testify as to the nature of her relationship with her son
and how the latter was brought up in order to show the
root cause of Respondent’s psychological condition.
4. Other witnesses as may be determined to be relevant to
the case during the course of trial.
VI.
AVAILABLE DATES FOR TRIAL
The Petitioner respectfully requests that the trial dates be agreed
upon in open court at such dates and time convenient to the parties
and the calendar of this Honorable Court.
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WHEREFORE, premises considered, it is respectfully prayed unto
this Honorable Court that the foregoing Pre-Trial Brief be duly noted.
Roll No. 32184PTR No. 0951242; 10/8/08; Makati City
IBP No. 478521; 11/7/09; Makati Chapter
Copy furnished:SAMSON MANGCO FERNANDO CRUZ GARCIA & ASSOCIATESCounsel for RespondentAddress: 10/F Commerce Centre, Valero St., Salcedo Village, Makati
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Contact Nos.: (081) 874-1478 to 90
EXPLANATION
Service of this petition is by registered mail instead of personal service because of lack of messengerial aide to make personal service.
(SGD.) ALISON KAW
(SGD.) MATTHEW ONG
(SGD.) SERGIO PINLAC
(SGD.) MARTIN UY
(SGD.) DIANNA WILWAYCOCounsels for Petitioner
AFFIDAVIT OF SERVICE BY REGISTERED MAIL
I, RodelArdales, of legal age and having been duly sworn depose and say:
That I am the messenger of Attys. Kaw, Ong, Pinlac, Uy and Wilwayco, counsels for petitioner in the case entitled “Cruz-Santiago v. Santiago”, Civil Case No. 168168, and as such messenger I served upon the counsels of the adverse party, the petition filed in said case:
By depositing the copy in the post office in sealed envelope, plainly addressed to the counsels at their office, with postage fully prepaid, and with instruction to the postmaster to return the mail to the sender after ten days if undelivered, this 12th day of November 2012, as shown by Registry No. 12345 dated 12 November 2012 of the post office of Makati City.
IN WITNESS WHEREOF, I have signed this affidavit this 12th day of November 2012 at Makati City.
(SGD.) RODEL ARDALESAffiant
SUBSCRIBED AND SWORN to before me on this 12th day of November 2012 at Makati City, affiant exhibiting to me her Driver's License No. 12345852515 which will expire on April 26, 2014.
(SGD.) MICHAEL DELA CRUZNotary Public
Makati City
Doc. No. _______;Page No. _______;Book No. _______;Series of 2012.
20
JA CRIM
Republic of the PhilippinesREGIONAL TRIAL COURT
10TH Judicial RegionBranch 1
Butuan City, Agusan del Norte
PEOPLE OF THE PHILIPPINES,
Plaintiff, CRIM. CASE No. 80688-00
-versus- FOR: PHYSICAL ABUSE IN
RELATION TO R.A.7610
MARCELO BAYAMBAGO Y BULANON,
Accused.
X- - - - - - - - - - - - - - - - - - - - - - - /
JUDICIAL AFFIDAVIT
OF MR. ROMMEL M. SALES
I, ROMMEL M. SALES, 16 years old, single , residing at Purok-3
Libertad, Butuan City, after having been sworn to in accordance with
the law do hereby depose and state:
That Fiscal PRINCESS S. DALINGAY is the counsel who conducted and
supervised my examination as a witness at her office at Provincial
Prosecutor’s Office, Butuan City, Agusan del Norte;
That I am answering the questions herein fully conscious that I do so
under oath and that I may be criminally liable for false testimony or perjury;
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The following are the Questions propounded by Fiscal Princess S.
Dalingay and my answers in English language:
Q1: Do you swear to tell the truth and nothing but the truth?
A1: Yes Ma’am.
Q2: Are you the same Rommel M. Sales, the private complainant in this
case for Physical Abuse in Relation to R.A. 7610 now pending before
the Regional Trial Court, Branch 1 of Butuan City, Agusan del Norte?
A2: Yes Ma’am
Q3: What is your highest educational attainment?
A3: 3rd year High School at Libertad National High School.
Q4: Do you personally know the accused in this case, Mr. Marcelo
Bayambago?
A4: Yes Ma’am.
Q5: Can you tell us why you personally know Mr. Bayambago?
A5: He also lives in Purok 3 Libertad. He is our neighbor and their
house is just beside our house. We are friendssince I was a child.
Q6: Where were you on January 3, 2013 at about 10:00 o’clock in the
morning?
A6: I was walking home at that time after I had visited my friend Paolo
Balesteros at Purok 1 Libertad, Butuan City.
Q7: Who was with you during that time you were walking home?
A7: I was with my other friend, Racine Monsteclaros.
Q8: What transpired during that time?
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A8: I was walking with my friend Racine Montesclaros. When we
reached in front of Bayambago’s house Marcelo Bayambago who
was looking very angry came out and told me in visayan words
to quote “ Mosugatgyudkaha” unquote. Then he punched my
right portion of my body.
Q9: When he punched you, what did you do?
A9: I didn’t do anything Ma’am. I could not do anything.
Q10: What did your friend Racine Montesclaros do?
A10: He did nothing too. We both could do nothing.
Q11: Why do you say that you couldn’t do anything?
A11: Because Marcelo Bayambago is bigger and stronger than the two
of us. No one dared to fight with him Ma’am.
Q12: Why do you say that he was angry during that time?
A12: Because when he got out of their house, he was swearing and he
seemed to be pissed off of something inside their house.
Q13: Was Marcelo Bayambago drunk at that time?
A13: No Ma’am. He didn’t smell or look like he was drunk.
Q14: Can you tell us how big Marcelo is?
A14: He is 5”6 tall. His body structure is firm and has strong muscles
because he works out sometimes. He acts like he can beat all of
us smaller than him. We are actually terrified by his presence
because of his unpleasant behavior.
Q15: Why do you say unpleasant behavior?
A15: Because whenever me and my friends are joking and laughing,
he just suddenly interrupts shouting at us and telling us to shut
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our mouths. He then threatens us that if we are taking about
him, we surely would get a prize from him.
Q16: What prize would this be?
A16: Maybe a punch or a kick.
Q17: Aside from the incident that happened last January 3,2013,
was there any other incident of punching you?
A17: Yes Ma’am.
Q18: Can you tell us what happened and when it happened?
A18: On January 5, 2013 more or less 3:00 o’ clock in the afternoon,
in front of Cyber Jazzer, Purok-3 Libertad, Butuan City. While I
was passing by the Internet Café, I saw Marcelo Bayambago, Jr.
came out from the Cyber Jazzer Internet Café. He ran towards
me and punched me twice hitting on the right shoulder thus
causing pain on it.
Q19: When he punched you, what did you do?
A19: I tried to retaliate after he punched me. However, he grabbed
my arms and twisted it over my back and he said in visayan
words to quote “Ay mosukolnaka ha” unquote. Then he
punched me again on my right portion of the body and kicked
my left leg. I fell down the ground after that strong punch and
kicked. It was really painful that it made me cried.
Q20: Did anybody see the incident?
A20: Yes Ma’am. Our friend Julius DumanonHellardes, the owner of the
Internet Cafe was there.
Q21: What did Julius Dumanon do?
A21: He shouted at Marcelo Bayambago and told him to stop.
Q22: What did Marcelo do when Julius Dumanon told him to stop?
A22: He just laughed and said in visayan words again to quote
“MosukolnamangyudBai, maayonangpitolon”. Then he left.
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Q23: What did you do then?
A23: I stood up and Julius Dumanon helped as I hardly can walk. Then
he accompanied me back home.
Q24: And then, what happened next?
A24: When I got home I told my mother about the incident and then
we reported the incident to police Station3 in Libertad, Butuan
City.
Q25: Do you have any proof of all your allegations?
A25: I have my witnesses Ma’am, my friend Racine Montesclaros and Julius
Dumanon.
Q26: Do you have any medical certificate to support your allegations?
A26: Yes, Ma’am, I have.
Attached to this Judicial Affidavit is an original copy of the medical
certificate marked as Exhibit “A”.
Q27: Based on this medical certificate you are showing to us that the
injuries would have incapacitated you for a period of 7 to 10 days?
A27: Yes, Ma’am, I was actually incapable to join my classes at Libertad
National High School for more than a week due to the pain that I
suffered. The next day after the incident I had bruises and it was
absolutely difficult for me to stand.
Q28: Who issued this medical certificate?
A28: It was DrRocelda L Mirasol Ma’am, Medical Officer III at Butuan Medical
Center
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Q29: Who’s signature is this in the medical certificate?
A29: My doctor, Ma’am, Dr. Rocelda L. Mirasol.
Q30: Why did you say that it was Dr. Mirasol who signed it?
A30: Because I was in front of her when she signed the medical certificate.
Q31: Do you have anything to say, Mr. Sales?
A31: No more, Ma’am.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 7th
day of February 2013 at Butuan City, Philippines.
ROMMEL M. SALES
Private Complainant
SUBSCRIBED AND SWORN to before me this 7th day of February 2013 at Butuan City, Philippines.
PRINCESS S. DALINGAY
Asst. Provincial Prosecutor
Detailed PPO-Butuan City
Agusan del Norte
MCLE Compliance No. IV 000000
26
Officer-in-Charge
ATTESTATION OF LEGAL COUNSEL
I, PRINCESS S. DALINGAY, Asst. Provincial Prosecutor, Detailed PPO-Butuan City, Agusan del Norte, after having been sworn to in accordance with the law do hereby depose and say:
1. That I have faithfully recorded or caused to be recorded the questions I asked and the corresponding answers that witness, Victoria L. Soledad, gave;
2. That I have not, nor any other person present or assisting coached the witness regarding the witness’ answers; and
3. That I fully understand that any false attestation shall subject me to disciplinary action, including disbarment.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 7th
day of February 2013 at Butuan City, Philippines.
PRINCESS S. DALINGAY
Counsel for the State
27
SUBSCRIBED AND SWORN to before me this 7th day of February 2013 at Butuan City, Philippines.
ATTY. PRINCE S. MORAL
Public Attorney IV
Public Attorney’s Office
Butuan City, Agusan del Norte
MCLE Compliance No. IV 000000
Officer-in-Charge
JA CIVIL
Republic of the Philippines
MUNICIPAL TRIAL COURT IN CITIES7th Judicial Region
Branch 7, Cebu City
28
LUZ FLORA LAURON YAP, CIVIL CASE NO. R-57643
Plaintiff, FOR: UNLAWFUL DETAINER,
DAMAGES & ATTY.’S FEES
- versus -
EDGAR AND JOAN
VILLACORTA & MAXIMO VILLACORTA
Defendants.
x-----------------------------------/
OFFER OF TESTIMONY:
The testimony of the witness is offered to prove the following:
1. That she is the plaintiff in this instant complaint;2. That she is the owner of a parcel of land subject in this instant case;3. That defendants were lessors of subject property;4. That she will testify that defendant ceased to pay monthly rental yet continued to
occupy subject property;5. That she sued defendants for ejectment for their refusal to pay rentals and vacate the
property yet the defendants continued their vehement refusal to do so;6. That she sent a demand letter to the defendants and despite doing so, defendants
adamantly continued to stay in the property and not paying rentals thereon;7. That she will testify on the damages incurred by the plaintiff corporation due to the
unlawful acts of the defendant;8. That she will identify certain documentary exhibits;9. That she will also testify on other related and relevant matters.
Republic of the Philippines}
City of Cebu - - - - - - - - - } S.S.
X------------------------------/
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JUDICIAL AFFIDAVIT
I, DR. LUZ FLORA L. YAP, Filipino, of legal age, married and with residence and postal address at 861 C. Padilla St., Mambaling, Cebu City, after having been sworn in accordance with law, depose and say that:
1. Are you aware and conscious that this is under oath, and that any falsity of this Affidavit would subject you to prosecution for false testimony or perjury?
A: Yes sir, I am.
2. Are you the same DR. LUZ FLORA L. YAP, the plaintiff in this case?A: Yes, sir. I am Dr. Luz Flora Lauron Yap, the plaintiff in this case.
3. Do you know Edgar and Joan Villacorta, the defendants in this instant case?A: Yes, sir. Edgar and Joan are brother and sister. Their father is MaximoVillacorta.
They are presently residing in my property in Pahina, San Nicolas, Cebu City.
4. What particular property are they presently occupying right now?A: They are presently occupying my residential house located in the accretion of Lot 1036.
5. How did they acquire the subject property?A: I acquired the house and lot as my inheritance from my parents PrimitivoLauronDionisiaLauron.
6. How come that the Villacortas are now occupying your residential house?A: Their predecessor-in-interest PastoraAngMosqueda leased this property from my father PrimitivoLauron
7. When did PastoraAngMosqueda start leasing this residential property?A: Sometime in 1959.
8. Where is PastoraAngMosqueda now?A: She is already dead.
9. After her death, who continued to occupy the subject residential house?A: Lucresia “Lucring” Ang the daughter of PastoraAng and her husband MaximoVillacorta.
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10. What was the mode of payment of the rental by Lucring to your father?A: Based on our record, Lucring paid P 800.00 per month until June 1995.
11. How are Edward and Joan related to Lucring?A: Lucring is the mother of Edgar and Joan and Maximo is the husband.
12. When was the last payment of the rental by the defendants?A: January 2012.
13. Why did they stop paying the rental?A: They stopped paying the rental when I asked them to vacate from my property because I was planning to develop the said property.
14. Where was Lucringnow.A: She is already dead.
15. Who are presently living in the said residential property after the death of Lucring?
A: Maximo their father and Edgar and Joan.
15. How much was the last monthly rental?A: 1,000.00
16. What did you do when they stopped paying rental?A: I sued them in the barangay.
17. Could you describe the residential lot and parcel of land on which it is situated?A: My residential house is constructed on my parcel of land denominated as Lot 1036 with an area of 307 square meters and located along Tres de Abril St., Pahina San Nicolas, Cebu City.
18. Do you have any proof of ownership of that parcel of land?
A: Yes, sir. I have a Transfer Certificate of Title and a Tax Declaration as proof of my ownership over said parcel of land. I also caused the survey and preparation of a sketch plan over said property.
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19. If I show to you such documents, would you be able to identify it?
A: Yes.
20. I am now showing to you a certified true copy of Transfer Certificate of Title No. 100298 of the Registry of Deeds, Cebu City, issued in the name of Luz Flora Lauron Yap. Kindly go over this document and please tell this Honorable Court if this is the same transfer certificate of title you are referring to?
A: Yes, sir. That is the one, my certificate of title showing my ownership over Lot 1036 where my residential house is constructed. (Request for marking of Transfer Certificate of Title No. 100298 as Exhibit “A”)
21. I am also showing to you a certified true copy of Tax Declaration No. 97GR-09-065-00032 of the Office of the City Assessor, Cebu City and issued in the name of Sps. LauronPrimitivo. Kindly go over this document as well and please tell this Honorable Court if this is the same tax declaration you are referring to?
A: Yes, sir, this is my tax declaration over the same parcel of land. (Request for marking of Tax Declaration No. 97GR-09-065-00032 as Exhibit “B”)
22. I am also showing to you an original copy of the Sketch Plan of Lot No. 1036 as surveyed for Dionesia R. Lauron and prepared by Geodetic Engineer Cesar V. Tecson. Is this the same sketch plan you are referring to?
A: Yes, sir. That is my sketch plan depicting the survey of the said property. (Request for marking of Sketch Plan as Exhibit “C”)
23. This sketch plan is prepared and surveyed for Dionesia R. Lauron. How are you related to her?
A: She was my late mother.
24. How then did you acquire such property? A: I inherited the same from my late mother, who acquired the same during her lifetime.
25. You said that herein defendants were lessees of your Lot 1036 situated in Pahina San Nicolas, Cebu City as they constructed their residential house thereon. In this sketch plan, can you indicate to us and to this Honorable Court which portion in particular the house constructed by the defendants is situated?
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A: The house where the defendants constructed their house is at this portion in the sketch plan. (Request for marking of the Specific portion of the sketch plan as Exhibit “C-1”)
26. When did the defendants commence the lease of your property?A: They started leasing the property on ___________________.
27. How much was the monthly rental for the use of the property?A: The monthly rental for the use of the house was at P________________.
28. How much was the arrears?A: The arrears was at P________________.
29. Do you have proof of receipt of such rentals?A: Yes, sir. These are the receipts. (Request for marking of Rental receipts as Exhibit “D”)
30. When did defendants stop paying their monthly rentals? A: They stopped paying their monthly rentals on ___________________.
31. When defendants stopped paying their monthly rentals, what did you do then? A: I orally demanded from the defendant spouses to pay their due rentals and arrears and vacate the premises.
32. What was their reply to your demand?
A: They stubbornly refused to pay monthly rentals and arrears as well as to vacate the premises despite my several oral demands for them to do so.
33. What then did you do in the light of their stubborn refusal?A: I then sued them for ejectment before the Office of the Barangay Chairman of Pahina San Nicolas.
34. What was the result of such barangay proceeding?A: Despite the efforts for amicable settlement by the members of the
LupongTagapamayapa, defendants continued their vehement refusal to pay rentals and arrears and vacate the premises.
33
35. Do you have proof of such barangay proceeding?
A: Yes, sir. I was issued a Certification to File Action from the Office of the LupongTagapamayapa of Barangay Pahina San Nicolas.
36. I have here an original copy of the Certificate to File Action in Barangay Case No. 10-1023 for Ejectment entitled Dr. Luz Flora Yap, complainant, versus Joan Villacorta/Edgar Villacorta, respondents issued on October 10, 2012. Is this the same certification that you are referring to?
A: Yes, sir. That is the one. (Request for marking of Certification to File Action as Exhibit “E”)
37. Following the issuance of such certification, what did you do next?A: As a matter of last chance to settle the matter out of court, I sought the assistance of
a lawyer to send the defendant spouses a demand letter giving them a final opportunity to pay back rentals and to peacefully vacate from the premises in order to spare them from costly court litigation.
38. I have an original copy of the demand letter dated January 31, 2013 addressed to Sps. Edgar and Joan Villacorta, signed by Paulino B. Labrado, handling counsel, with the conformity of Dr. Luz Flora L. Yap. Is this the same demand letter that you are referring to?
A: Yes, sir. This is the demand letter I caused to be sent to them. (Request for marking of Demand Letter as Exhibit “F”)
39. Due to the actions of the defendant spouses, did you incur damages or losses?
A: Yes, sir. I spent P10,000.00 for the engagement of a lawyer to prepare the demand letter and to file this case in court. I will also incur P1,500.00 as appearance fee and P5,000.00 as litigation expenses.
40. What do you now pray of this Honorable Court?
A: I earnestly pray to this Honorable Court that it render a decision in my favor, ordering defendants to immediately vacate the premises of Lot No. 1036 and/or pay the appropriate and accumulated rentals thereon to be determined until the final resolution of the case. I also humbly beg the Honorable Court to order defendants to pay the amount of P10,000.00 as attorney’s fees, P5,000.00 as litigation fees and P1,500.00 for every court appearance of my lawyer.
34
IN WITNESS WHEREOF, I have hereunto set my hand this ______ day of January 2013, in Cebu City, Philippines.
DR. LUZ FLORA L. YAP
Affiant
_______________________________
_______________________________
_______________________________
SUBSCRIBED AND SWORN to before me, in the on the _____ day of January 2013, affiant exhibited to me her competent evidence of identity with the details shown above. I hereby certify that I personally know herein affiant being my client, and after having personally examined him I am fully convinced that he has personally read and understood the foregoing judicial affidavit and the allegations herein.
Doc. No. ______;
Page No. ______;
Book No. ______;
Series of 2013.
REPUBLIC OF THE PHILIPINES}
CITY OF CEBU . . . . . . . . . . . . . . }S.S.
AFFIDAVIT OF ATTESTATION
35
I, PAULINO B. LABRADO, of legal age, Filipino, married and holding office at Rm. 202, Aniceta Bldg., Osmeña Blvd., Cebu City, Philippines, after having been duly sworn to in accordance with law, do hereby depose and state:
1. That I was the lawyer who conducted/supervised the Affiant DR. LUZ FLORA L. YAP in the execution of her judicial affidavit;
2. That the execution of said Judicial Affidavit was done in my office at Rm. 202, Aniceta Bldg., Osmeña Blvd., Cebu City, Philippines on the _____ day of January 2013;
3. That I faithfully recorded the questions and the corresponding answers that she gave;
4. That neither did I coach her nor were there any other person doing the same regarding her answers to the questions;
5. That I execute the foregoing affidavit to attest to the veracity of the foregoing facts and for whatever legal purpose this may serve.
IN WITNESS WHEREOF, I have hereunto affixed my hand this ______ day of January 2013 in the City of Cebu, Philippines.
PAULINO B. LABRADO
Affiant
SUBSCRIBED AND SWORN to before me on the date and place above mentioned, affiant having exhibited to me his Integrated Bar of the Philippines ID No. 46534. I also hereby certify that I personally know herein affiant, him being a partner in the law office.
WITNESS MY HAND AND NOTARIAL SEAL.
Doc. No. _____;
36
Page No. _____;
Book No. ____;
Series of 2013.
LEGAL OPINION
Legal Opinion
December 10, 2010
37
Mr. Peter Banag16 Annapolis St.Cubao, Quezon City
Dear Mr. Banag:
Here is the opinion you requested.The facts, gathered from you and your documents, are as follows:
Your daughter, Mary Banag, about six years old, went to Arthur Sison’s house to buy ice-candy on September 12 at about 3 PM. Mary knocked on the gate, but having gotten no response from Arthur who was napping then, she tested the gate by pushing it. Upon doing so, the gate yielded and Arthur’s dog jumped out, went after Mary and attacked her from behind, biting her on the leg and arms as she fell to the ground. She was saved by Fred Puzon, a neighbor, who kicked the dog away and protected her. Awakened by the commotion and having heard shouts that his dog had attacked a child, Arthur went out, sent the dog back to his yard and bought Mary to a nearby clinic for treatment, paying the medical bill thereafter.You asked Arthur to pay Mary P20,000 in damages for the ordeal but all you got was a letter saying that he cannot grant yourdemand because he was not at fault. Hebased his stand on the following:
1. That there was a sign at the gate warning about the presence of the dog, in effect implying that if Mary heeded what the sign says, the attack wouldn’t have happened
2. That at the time of the attack she was not accompanied by an adult, impliedly putting the blame on you as her parent for letting her roam outside unattended and therefore exposing her to danger; and
3. That he already paid the bill for Mary’s medication.
The issue here is clear:it’s whether or not Arthur is liable to Mary for damages.In my opinion, Arthur is liable for damages notwithstanding his defenses.First and foremost, what happened to Mary is classified as a quasi-delict, as defined by Article 2176 of the Civil Code:
Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. Such fault or negligence, if there is no pre-existing contractual relation between the parties, is called a quasi-delict and is governed by the provisions of this Chapter.
As for the nature of Arthur’s liability, the provision that governs is Article 2183 of the Civil Code. It provides that:
The possessor of an animal or whoever may make use of the same is responsible for the damage which it may cause, although it may escape or be lost. This responsibility shall cease only in case the damages should come from force majeure from the fault of the person who has suffered damage.
The Supreme Court explained said provision in the case of Vestil v. Intermediate Appellate Court (G.R. No. 74431, 179 SCRA 47), saying that:
According to Manresa, the obligation imposed by Article 2183 of the Civil Code is not based on the negligence or on the presumed lack of vigilance of the possessor or user of the animal causing the damage. It is based on natural equity and on the principle of social interest that he who possesses animals for his utility, pleasure or service must answer for the damage which such animal may cause.
38
Now, Arthur may say that what happenedwas brought about by contributory negligence on Mary’s partas the former implied in his letter, or he may claim that letting Mary roam the vicinity unaccompanied is negligence on your part and constitutes the proximate cause of her injuries, notwithstanding his own negligence in leaving the gate unlocked before napping. Both scenariosare governed by Article 2179 of the Civil Code that provides:
When the plaintiff’s own negligence was the immediate and proximate cause of his injury, he cannot recover damages. But if his negligence was only contributory, the immediate and proximate cause of the injury being the defendant’s lack of due care, the plaintiff may recover damages, but the courts shall mitigate the damages to be awarded.
In the first scenario, the Supreme Court’s ruling in Jarco Marketing Corporation v. Court of Appeals (G.R. No. 129792, 321 SCRA 375) that “a child under nine years of age must be conclusively presumed incapable of contributory negligence as a matter of law” covers Mary, hence throwing the notion of contributory negligence on her part out the window.As for the second scenario, the ruling in Umali v. Bacani (G.R. No. L-40570, 69 SCRA 263)provides that parental negligence in allowing a young child to go out of the house alone may at most qualify as contributory negligence and as such would be covered by the second sentence of Article 2179.
Arthur, being the owner of the dog that attacked Mary, is liable for damages, with all possible defenses taken into consideration.If Arthur didn’t leave the gate unlocked before taking a nap – an act showing a lack of due care – there would have been no way the dog could have attacked Mary. Mary could test the gate all day long and she wouldn’t be attacked by Arthur’s dog had the gate been closed. Of course, he may say that paying Mary’s medical bill should be enough, but that does not cover the moral damages that Mary is entitled to under Article 2219 (2) of the Civil Code, which specifically pertains to quasi-delicts causing physical injuries. As mentioned earlier, the only reprieve due him would be a mitigation of his liability.
One thing: my opinion is based on the laws and the jurisprudence applicable to your situation. If by any circumstance you take your plight to court, I am confident that the case will be decided in your favor.
