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    Judicial Affidavit - Sample

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    Aiken Alagban Ladines
    This document is a judicial affidavit from Percival Araneta, one of the defendants in a civil case regarding property titles to Lots 400 and 404. In the affidavit, Araneta identifies himself as one of the defendants and explains that he filed the case because he learned that the other defendants had reached a compromise agreement in a related Court of Appeals case without including him and the other heirs. He provides documents to establish his relationship to the original owners of the properties and questions the defendants about the compromise agreement.

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    © All Rights Reserved
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    Judicial Affidavit - Sample

    Uploaded by

    Aiken Alagban Ladines
    2K views7 pages
    This document is a judicial affidavit from Percival Araneta, one of the defendants in a civil case regarding property titles to Lots 400 and 404. In the affidavit, Araneta identifies himself as one of the defendants and explains that he filed the case because he learned that the other defendants had reached a compromise agreement in a related Court of Appeals case without including him and the other heirs. He provides documents to establish his relationship to the original owners of the properties and questions the defendants about the compromise agreement.

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    This document is a judicial affidavit from Percival Araneta, one of the defendants in a civil case regarding property titles to Lots 400 and 404. In the affidavit, Araneta identifies himself as one of the defendants and explains that he filed the case because he learned that the other defendants had reached a compromise agreement in a related Court of Appeals case without including him and the other heirs. He provides documents to establish his relationship to the original owners of the properties and questions the defendants about the compromise agreement.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    2K views7 pages

    Judicial Affidavit - Sample

    Uploaded by

    Aiken Alagban Ladines
    This document is a judicial affidavit from Percival Araneta, one of the defendants in a civil case regarding property titles to Lots 400 and 404. In the affidavit, Araneta identifies himself as one of the defendants and explains that he filed the case because he learned that the other defendants had reached a compromise agreement in a related Court of Appeals case without including him and the other heirs. He provides documents to establish his relationship to the original owners of the properties and questions the defendants about the compromise agreement.

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    © All Rights Reserved
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    The case involves a dispute over land ownership between the heirs of Juan Dela Cruz and the heirs of Pedro Araneta. Percival Araneta, one of the defendants, is providing testimony in the form of a judicial affidavit.

    The case is about the claims of the heirs of Juan Dela Cruz and the heirs of Pedro Araneta to Lots 400 and 404 of the Bacolod Cadastre. The plaintiffs are seeking cancellation of various land titles covering these lots.

    The plaintiff filed the case after learning about a compromise agreement signed by the defendants in another case dividing Lots 400 and 404. This agreement prompted a land clearing operation by the province.

    Republic of the Philippines

    Regional Trial Court


    6th Judicial Region
    Branch 62-Bago City
    -o0o-

    HEIRS OF JUAN DELA CRUZ,


    Plaintiffs,

    -versus- CIVIL CASE NO. 111

    HEIRS OF PEDRO ARANETA, ET. AL.,


    Defendants.
    x- - - - - - - - - - - - - - - - - - - - x

    JUDICIAL AFFIDAVIT

    I am PERCIVAL ARANETA of legal age,


    _________, Filipino citizen, resident
    of________________. I am one of the Defendants in
    this case, I hereby state under oath as follows:

    PRELIMINARY STATEMENT

    The Person Examining me is ATTY. NICOLAS


    VILLAFLOR, with address at ___________, Bacolod
    City. The examination is being held in the same
    address. I am answering this question fully conscious
    that I do so under oath and may face criminal liability
    for false testimony and perjury.

    EXAMINATION PROPER

    1. Atty. Villaflor: Are you the very same


    Percival Araneta who is one of the Defendants in this
    case?
    Witness: Yes.

    2. Atty. Villaflor: Do you know the reason


    for this interview?
    Witness: Yes. To give my testimony in
    relation to the complaint filed against me and my other
    co-defendants in the case entitled
    “______________________________.” docketed as
    Civil Case No. 111 pending in Branch 62 of the Regional
    Trial Court in Bago City?

    3. Atty. Villaflor: Have you read a copy of the


    Complaint against you and the other heirs of Pedro
    Araneta?
    Witness: Yes, I have personally read the
    Complaint.

    3. Atty. Villaflor: How are you related to the


    other co-defendants?
    Witness:
    ____________________________________________
    ____________________________________________
    ___________________________

    4. Atty. Villaflor: Do you know the persons


    who filed the said case against you and the other
    Defendants?
    Witness:
    ________________________________________
    ________________________________________
    ________________

    5. Atty. Villaflor: How are you related to


    Juan Dela Cruz and the Plaintiffs?
    Witness:
    ________________________________________
    ________________________________________
    ________________

    4. Atty. Villaflor: Why are you impleaded


    as Defendant in this case?
    Witness:

    ____________________________________________
    ____________________________________________
    ____________________________________________
    ____________________________________________
    ____________________________________________
    ___________________

    2. Atty. Villaflor: What does the Defendants


    seek from the Hon. Court?
    Witness: They are seeking the cancellation and
    annulment of Claimed Decree No. 34963, Claimed OCT
    No. 5990, TCT No. RT-3162 (19966), TCT No. 16843,
    TCT No. T-31782, TCT No. T-11925 (1970), TCT No. T-
    7721 and TCT No. T-23344, covering the whole or a
    portion of the then Lot 2223 and all their derivative
    titles. The case was also one for reconveyance,
    accounting and damages.

    5. Atty. Villaflor:
    Witness:
    ________________________________________
    ________________________________________
    ________________

    3. Atty. Villaflor: I am marking this Order


    as Exhibit “A”, and will be attached to this Judicial
    Affidavit to form as part of the evidence for the
    Plaintiff. Do you confirm my action?
    Witness: Yes, sir.

    4. Atty. Villaflor: Have you read a copy of the


    Complaint? Can you tell us who caused the preparation
    and filing of the complaint in this case?
    Witness: Yes, I have read the Complaint and it
    was I who caused the preparation and filing of the
    complaint.

    5. Atty. Villaflor: Is this the same complaint


    you are referring to?

    (Atty. Villaflor handed over the document to


    witness and witness examined it.)

    Witness: Yes.

    6. Atty. Villaflor: I am marking this


    Complaint with all its Annexes as Exhibit “B”, and will
    be attached to this Judicial Affidavit to form as part of
    the evidence for the Plaintiff. Do you confirm my
    action?
    Witness: Yes, sir.
    7. Atty. Villaflor: Since it is you who
    caused the complaint, did you sign the verification and
    certification of non-forum shopping attached thereto?
    Witness: Yes, I did.

    8. Atty. Villaflor: I am showing to you the


    verification and certification of non-forum shopping
    attached to the compliant;
    Witness: Yes, that is my own signature.

    9. Atty. Villaflor: I am marking this


    verification as Exhibit “B-1”, and will be attached to
    this Judicial Affidavit to form as part of the evidence for
    the Plaintiff. Do you confirm my action?
    Witness: Yes, sir.

    10. Atty. Villaflor: How did you know the


    Defendants?
    Witness: I knew Defendant
    ____________________________________________
    _______________________, being my relative and a
    corporation owned by my relatives.

    These relatives together with Defendant Philippine


    National Bank, Register of Deeds of Bacolod City and
    the Province of Negros Occidental are parties to a civil
    case for reconveyance involving lots 400 and 404 of the
    Bacolod Cadastre, filed before the Regional Trial Court,
    Branch 44 on October 24, 1982 docketed as Civil Case
    No. 6817 to which I and the other heirs were
    disenfranchised of our inheritance.

    You may want to see a copy of the Complaint in


    the said case.

    (Witness handed over some documents to


    Atty. Villaflor and Atty. Villaflor examined it.)

    11. Atty. Villaflor: I am marking the


    Amended Complaint and the Second Amended
    Complaint in Civil case No. 6817, as Exhibit “C” and
    “D”, and will be attached to this Judicial Affidavit to
    form as part of the evidence for the Plaintiff. Do you
    confirm my action?
    Witness: Yes, sir.
    12. Atty. Villaflor: Can you tell us how are
    you related to the Defendants in this case?
    Witness: I am the son of
    ________________________.

    I am one of the heirs through the collateral lines


    considering that the three single sisters namely
    Magdalena, Carmen and Vicenta who are the original
    registered owners of Lots 400 and 404, subject matter
    of this case.

    13. Atty. Villaflor: Do you have any document to


    establish your identity as an Araneta and your
    relationship with the Defendants in this case?
    Witness: Yes, Sir. I have my Baptismal and
    Marriage Certificate. For a clearer picture, I also would
    like to give you the Table of the Araneta Clan showing
    the heirs of Consolacion, Concepcion and Ricardo
    Araneta who are the siblings of Magdalena, Carmen
    and Vicenta Araneta, the owners of lot 400 and 404.

    (Witness handed over some documents to Atty.


    Villaflor and Atty. Villaflor examined it.)
    14. Atty. Villaflor: I am marking this
    Marriage Certificate and Table of Araneta heirs as
    Exhibits “E” and “F”, and will be attached to this
    Judicial Affidavit to form as part of the evidence for
    Plaintiff. Do you confirm my action?
    Witness: Yes Sir.

    15. Atty. Villaflor: Where did you get the copy of


    the Table of the Araneta Clan?
    Witness: The said table was prepared and given by
    Dra. Violeta Araneta, who traced the roots of the
    Araneta Family based on birth, baptismal, marriage and
    death records from the San Sebastian Cathedral as well
    as other sources.

    16. Atty. Villaflor: Who is Dr. Violeta Araneta?


    Witness: Dr. Violeta Araneta is a noted social
    scientist and anthropologist in the country. She is also
    the wife of Mario Autahay Araneta, the natural son of
    Hilarion Araneta, as well as the adopted son of Fernando
    Araneta. Both Hilarion and Fernando are sons of
    Consolacion Araneta, one of the siblings of Magdalena,
    Carmen and Vicenta Araneta.
    17. Atty. Villaflor: Why did you file this
    case against the Defendants?
    Witness: I decided to file the case when I
    first knew about the execution of a Partial Compromise
    Agreement in a certain Court of Appeals case among
    the Defendants who amicably settled among
    themselves, the division of Lots 400 and 404 of the
    Bacolod Cadastre.

    18. Atty. Villaflor: What is the said case in


    the Court of Appeals all about?
    Witness: It is an appeal from Civil Case No.
    6817, a copy of the complaint of which I was able to
    give you a while ago. The
    Plaintiff-Appellant was the Province of Negros
    Occidental and the Defendant-Appellees were the rest
    of the Defendants in this case. It is all about their
    claims to Lots 400 and 404 of the Bacolod Cadastre

    19. Atty. Villaflor: How did you come to


    know about the compromise agreement in the Court of
    Appeals?

    Witness: I came to know about the


    agreement when Defendant Province of Negros
    Occidental, sometime in 2004, undertook a massive
    clearing operation of more than 1,000 informal settlers
    in Lot 400 and 404 along Gatuslao Street, Bacolod City
    which became a subject of media, hype and
    controversy in the city.

    20. Atty. Villaflor: Can you please tell me


    what the agreement was about or do you have a copy
    of the said Partial Compromise Agreement?

    3. Atty. Villaflor: Is this same petition you are


    referring to?

    (Atty. Villaflor handed over the document to


    witness and witness examined it.)

    Witness: Yes.

    4. Atty. Villaflor: I am marking this


    Petition as Exhibit “A”, and will be attached to this
    Judicial Affidavit to form as part of the evidence for the
    Petitioner. Do you confirm my action?

    Witness: Yes, sir.

    COPY FURNISHED:

    HON. CLERK OF COURT


    Regional Trial Court
    Branch 62, Bago City
    RR No. ___________
    Date:____________

    ATTY. ROMEO S. JULIETO


    2nd Floor ABCD Building
    Gatuslao-Araneta Streets
    Bacolod City
    RR No. ____________
    Date:_____________

    NOTICE

    THE HONRABLE CLERK OF COURT

    Greeting! Kindly submit the foregoing Motion for the kind action and
    resolution of the Honorable Court on ____________ at 8:30 in the morning.
    Thank you.

    NICOLAS VILLAFLOR
    ATTY. ROMEO S. JULIETO

    Please take notice that the undersigned is filing the foregoing Motion
    for the kind action and resolution of the Honorable Court on ____________
    at 8:30 in the morning. Thank you.

    NICOLAS VILLAFLOR

    EXPLANATION

    Copy of this Motion to Dismiss was filed with this Honorable Court and
    furnished the counsel for Plaintiff by registered mail only and not by personal
    service due to the prohibitive distance between Bacolod and Bago City, Negros
    Occidental.

    NICOLAS VILLAFLOR

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