Republic of the Philippines8th Judicial Region

MUNICIPAL TRIAL COURTBabatngon, Leyte

HEIRS OF ROMAN CABADA, represented CIVIL CASE NO. 111by ORLANDO O. CABADA

Plaintiffs, For:

-versus- UNLAWFUL DETAINER

Spouses RICARDO RAFOLS and WITH DAMAGESMIRIAM DEL VALLE, Defendants. X - - - - - - - - - - - - - - - - - - - - - - - - - - - - - X

JUDICIAL AFFIDAVIT(of Orlando O. Cabada)

I, ORLANDO O. CABADA, of legal age, Filipino, married, and a

resident of Brgy. Dist. II, Babatngon, Leyte, after having been duly sworn to

in accordance with law, fully conscious that I am answering following

questions under oath, and that I may face criminal liability for false

testimony or perjury hereby deposes and states as follows:

Question 1: Are you the same Orlando O. Cabada who is the attorney in fact

of the plaintiffs in this case?

Answer: Yes.

Question 2: Do you have an authority to represent the plaintiffs in this case?

Answer: Yes, I have a Special Power of Attorney from my other co-heirs

which is appended on the record as Exhibit “A”;

Question 3: What is this case all about?

Answer: This refers to the unlawful detainer of defendants in our parcel of

land which is Lot 548-P located at Brgy. Dist II, Babatngon, Leyte.

Question 4: When you said your parcel of land which is Lot 548-P, do you

have evidence that you are the owner and prior possessor of this lot?

Page No. 2

Answer: Yes, I have here the Tax Declaration of Lot 548-P which is

appended on the record as Exhibit “B”;

Question 5: Where did you get this tax declaration?

Answer: I got it from the records on file at the Municipal Assessor’s Office

of Babatngon, Leyte;

Question 6: In the tax declaration of Lot 548-P kindly read for the record the

area and boundaries of this lot?

Answer: Area is 95 square meters and it is bounded on the North, by Capt.

Cello St.; East, by Lot No. 547, 546, 547/Ass. Lot No. 018; South, by Lot

No. 549/Ass. Lot No. 021 and West, by Creek.

Question 7: Kindly read for the record who is the declared owner of Lot

548-P?

Answer: Fermin Tingzon.

Question 8: Who is this Fermin Tingzon?

Answer: My great grandfather as the latter is the grandfather of Roman

Cabada, our deceased father who was the prior possessor of Lot 548-P.

Question 9: You said a while ago that you’re father was the prior possessor

of this lot, what documentary evidences could you show?

Answer: I have here the Technical Description of Lot 548-P in the name of

my father Roman Cabada showing that my father was the survey claimant of

Lot 548 which is attached on the record as exhibit “C”;

Question 10: Where did you get this technical description?

Answer: It was issued by the DENR;

Question 11: What other documents could you present?

Page No. 3

Answer: I have here the Sketch Plan in the name of my father Roman

Cabada attached as Exhibit ”D”;

Question 12: Where did you got this document?

Answer: From the owner’s copy on file in my own custody;

Question 13: What other documents could you present?

Answer: I have here the History/Tracer of Lot 548-P;

Question 14: You said that your property is being withheld unlawfully by

the defendants, what evidence could you show of this fact?

Answer: I have here the Pictures showing our house and the hut of the

defendants which are attached on the records as Exhibit “F” and series.

Question 15: Where did you get this pictures?

Answer: I took the pictures and had the same developed in a photo shop in

Tacloban City;

Question 16: What other evidence could you show showing prior possession

of this lot, if any?

Answer: I have here a copy of Tax Receipt No. 0600683 for the year 2011

up to 2012 which is hereto attached as Exhibit “G”, Tax Receipt No.

0600682 for the year 2012, hereto attached as Exhibit “G-1” and Tax

Receipt No. 0600681 for the year 2008, 2009 and 2011, hereto attached as

Exhibit “G-2”

Question 17: What else did you do after the subject property was illegally

withheld by defendants, if any?

Answer: I summoned the defendants for a confrontation in the barangay but

we could not agree on a settlement, hence a Certificate To File Action was

issued which is hereto attached as Exhibit “H”;

Page No. 4

Question 1: Where did you get this document?

Answer: I got it from the Office of the Lupong Tagapamayapa of Brgy. Dist.

II, Babatngon, Leyte.

Question 18: What else happened after your confrontation at the barangay, if

any?

Answer: I sent a Demand Letter through my legal counsel to the defendants

for them to vacate the subject property, copy of which is hereto attached

Exhibit “I”;

Question 19: Where did you get this document?

Answer: I got it from my legal counsel who sent the demand letter;

Question 20: What other evidence could you show that indeed you are the

owner and prior possessor of this lot?

Answer: I have here the Survey Notification Card Lot 548-P issued by the

DENR showing that our father was the possessor of the lot when the

cadastral survey was conducted during the year 1976 which is hereto

attached as Exhibit “J”;

Question 21: Where did you get this document?

Answer: The Survey Notification Card was taken from our own file in my

custody;

Question 22: What else, if any are there other documents showing your

ownership of the subject lot?

Answer: I have here a copy of an Extrajudicial Partition with Absolute Sale

of Lot No. 548 showing that Lot 548 was adjudicated to our late

grandmother, copy of which is hereto attached as Exhibit “K”;

Page No. 5

Question 23: In filing this case what damages did you incurred, if any?

Answer: We spent actual damages in the amount of P50,000.00, copies of

the receipts are hereto attached plus moral damages which can be quantified

into an amount of P50,000.00.

Question 24: What else would you say about this case?

Answer: So far that could be all.

IN WITNESS WHEREOF, fully conscious that I have answered the

foregoing questions under oath, and that I may face criminal liability for

false testimony or perjury, I have hereunto affixed my signature this ____

day of May, 2013 at Tacloban City, Philippines.

ORLANDO O. CABADA Affiant

SUBSCRIBED AND SWORN to before me this ____ day of May,

2013 at Tacloban City, Philippines, after I have personally examined the

affiant and that I am convinced that he voluntarily executed this affidavit

and understood the contents thereof.

Doc No. _____ Page No. _____ Book No._____ Series of 2013.

Page No. 6

ATTESTATION

I, ATTY. ASTERIO A. VILLERO, with office address at 39 Juan

Luna St., Tacloban City, hereby attest that I have conducted and supervised

the examination of the above-named affiant/witness at 39 Juan Luna St.,

Tacloban City, and further declared that:

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

and the corresponding answers the affiant/witness gave; and

2. Neither I nor any other person then present or assisting me coached

the affiant/witness regarding the latter’s answers.

IN WITNESS WHEREOF, I have hereunto affixed my signature this

_____ day of May, 2013 at Tacloban City, Philippines.

ATTY. ASTERIO A. VILLERO

Affiant

SUBSCRIBED AND SWORN to before me this ____ day of May,

2013 at Tacloban City, Philippines.