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    Judicial Affidavit: Republic of The Philippines Municipal Trial Court

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    Zyreen Kate Cataquis
    1. Maura Santos filed a case against Dante Santiago for unlawful detainer and damages regarding a parcel of land in Batangas City. 2. Maura and her late husband Arsenio Santos were the registered owners of the land, but it was transferred to Dante Santiago through a fraudulent deed of sale. 3. Maura did not sign the deed of sale and her husband could not have signed it since he passed away before the date of signing. She demanded Santiago reconvey the property but he refused.

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    Judicial Affidavit: Republic of The Philippines Municipal Trial Court

    Uploaded by

    Zyreen Kate Cataquis
    120 views7 pages
    1. Maura Santos filed a case against Dante Santiago for unlawful detainer and damages regarding a parcel of land in Batangas City. 2. Maura and her late husband Arsenio Santos were the registered owners of the land, but it was transferred to Dante Santiago through a fraudulent deed of sale. 3. Maura did not sign the deed of sale and her husband could not have signed it since he passed away before the date of signing. She demanded Santiago reconvey the property but he refused.

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    Judicial Affidavit

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    1. Maura Santos filed a case against Dante Santiago for unlawful detainer and damages regarding a parcel of land in Batangas City. 2. Maura and her late husband Arsenio Santos were the registered owners of the land, but it was transferred to Dante Santiago through a fraudulent deed of sale. 3. Maura did not sign the deed of sale and her husband could not have signed it since he passed away before the date of signing. She demanded Santiago reconvey the property but he refused.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    120 views7 pages

    Judicial Affidavit: Republic of The Philippines Municipal Trial Court

    Uploaded by

    Zyreen Kate Cataquis
    1. Maura Santos filed a case against Dante Santiago for unlawful detainer and damages regarding a parcel of land in Batangas City. 2. Maura and her late husband Arsenio Santos were the registered owners of the land, but it was transferred to Dante Santiago through a fraudulent deed of sale. 3. Maura did not sign the deed of sale and her husband could not have signed it since he passed away before the date of signing. She demanded Santiago reconvey the property but he refused.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 7

    REPUBLIC OF THE PHILIPPINES

    FOURTH JUDICIAL REGION


    MUNICIPAL TRIAL COURT
    Batangas City

    MAURA SANTOS y MORENO


    LAURA SANTOS y MORENO, CIVIL CASE NO. CV-1019
    Plaintiffs,
    -versus- - for-

    ISKO DOMAGOSO y TOLONGGES UNLAWFUL DETAINER


    Defendant. WITH DAMAGES

    x-----------------------------------------------------------------------------------------x
    JUDICIAL AFFIDAVIT
    (MAURA M. SANTOS)

    I, Maura M. Santos, of legal age, Filipino Citizen, with residence at


    Brgy. Bolbok, Batangas City, after having been sworn to in accordance with
    law, deposes;

    Atty. _______________ (hereinafter ________) took my judicial


    affidavit on ________ at ______________, Batangas City. This Judicial
    Affidavit is in English, a language known to me.

    Atty. _______ offers my testimony to prove the following:

    1. I am the plaintiff of the above entitled case;

    2. That I am the legal wife of Arsenio Santos evidenced by herein


    attached Marriage Contract (Annex A);

    3. That as wife of Arsenio Santos, I am his legal heir, together with our
    children Lorna M. Santos and Dante Santos;

    4. That Arsenio Santos and I am the registered owner of the parcel of


    land located in Brgy. Bolbok, Batangas City with an area of 529
    square meters as evidenced by Transfer Certificate Title 1234 and
    declared for taxation purposes in the Office of the City Assessor of
    Batangas City under Tax Declaration No. 11-11-20121440 (Annex B);

    5. That upon inquiry with the Register of Deeds of Batangas City on


    January 2, 2019 for the Extrajudicial Settlement among the heirs, the
    said Transfer Certificate Title has already been cancelled and a new
    title, herein attached, has been issued in favor of one Dante Santiago
    (Annex C);
    6. That the parcel of land has been transferred to Dante Santiago by
    virtue of a Deed of Sale dated December 2, 2011 in a transaction
    undertaken between Dante Santos and the former in the amount of
    One Million Pesos (PhP1,000,000.00) (Annex D);

    7. That the Deed of Sale was purportedly signed by Spouses Arsenia


    and Maura Santos and was executed on March 15, 2012 notarized by
    Atty. Edwin M. Fortun;

    8. That the I did not sign any Deed of Sale involving the subject property
    nor was privy to any transactions between my son Dante Santos and
    Dante Santiago;

    9. That my husband Arsenio Santos already died on December 1, 2010


    evidenced by herein attached death certificate making it utterly
    impossible for him to sign the Deed of Sale (Annex E);

    10. That I have confirmed with Ferdinand Robredo and Leni Marcos
    whose signatures appeared allegedly as witnesses to the execution of
    Deed of Sale that they have not, in any way, witnessed the execution of
    the said document nor have affixed their signatures in any document
    pertaining to the transactions between Dante Santos and Dante
    Santiago;

    11. That in order to examine and prove the falsity of the signatures
    appearing in the Deed of Sale, I secured the services of NBI Agent
    Firma D. Checker, a forensic handwriting expert, of the Forgery
    Division who identified the signatures of Arsenio Santos, Ferdinand
    Robredo and Leni Marcos to be fake and forged and the signature of
    Dante Santiago to be the only true and authentic signature in the
    document as reflected in Agent Checker’s report (Annex F);

    12. That my daughter and I approached the defendant Dante Santiago


    and demanded him to reconvey or cause the reconveyance of the
    subject property;

    13. That despite repeated demands, Dante Santiago did not reconvey
    nor caused the reconveyance of the subject property;

    14. That the subject complaint has gone through barangay conciliation
    proceedings, however no settlement was reached;

    15. That I secured services of a counsel for the sole purpose of this
    litigation in the amount of Two Hundred Thousand Pesos
    (PhP200,000.00) representing the acceptance and preparation fees
    and Ten Thousand Pesos (PhP10,000.00) as court appearance fee.
    I shall further testify on other matters, material and relevant to my
    action and identify and cause the marking of documentary exhibits.

    Below is my judicial affidavit proper:

    Question 1 (hereinafter “Q”): What is your name and other


    circumstances of identity:
    Answer 1 (hereinafter “A”): I am Maura M. Santos, of legal age, Filipino
    Citizen, single and with residence at Brgy. Bolbok, Batangas City.

    Q2: What is your occupation?


    A2: I am a retired government employee of the Municipal Administrator’s
    Office of the Municipal Government of Bauan, Batangas.

    Q3: Are you the legal wife of Arsenio Santos?


    A3: Yes, Atty.

    Q4: Do you have any proof showing that you are the wife of Arsenio
    Santos?
    A4: Yes, Atty.

    Q5: What is your proof?


    A5: I have a copy of our Marriage Certificate to prove that we have been
    married.

    Q6: Are you the registered owner of the parcel of land located in Brgy.
    Bolbok, Batangas City with an area of 529 square meters
    A6: Yes, Atty. My husband and I owns the land.

    Q7: Do you have any proof of said ownership?


    A7: Yes, Atty. Transfer Certificate Title 1234 and declared for taxation
    purposes in the Office of the City Assessor of Batangas City under
    Tax Declaration No. 11-11-20121440.

    Q8: When did you learn that the said property has been sold to a certain
    Dante Santiago?
    A8: Last January 2, 2019, my daughter Lorna and I inquired in the
    Register of Deeds of Batangas City for the Extrajudicial Settlement
    of Arsenio estate among the heirs. We found out that the said
    Transfer Certificate Title has already been cancelled and a new
    title, herein attached, has been issued in favor of one Dante
    Santiago.

    Q9: How was the said property transferred to Dante Santiago?


    A9: It was transferred through the execution of a Deed of Sale in favor of
    Dante Santiago as buyer and Arsenio Santos and Maura Santos
    as seller in the amount of One Million Pesos (PhP1,000,000.00).
    Q10: Were you aware of the execution of this Deed of Sale?
    A10: No, Atty. I was not aware. I did not sign any Deed of Sale involving
    the subject property nor was privy to any transactions between my
    son Dante Santos and Dante Santiago.

    Q11: Who are the witnesses of the said Deed of Sale?


    A11: It was purportedly signed by Spouses Arsenia and Maura Santos
    on March 15, 2012 and notarized by Atty. Edwin M. Fortun with
    witnesses Ferdinand Robredo and Leni Marcos.

    Q12: Did your husband Arsenio Santos sign the Deed of sale?
    A12: No Atty. It is impossible for my husband to sign the Deed of Sale
    because he already died of cardiac arrest on December 1, 2010
    evidenced by a death certificate.

    Q13: Where you able to verify the veracity and authenticity of the
    signatures affixed in the Deed of Sale?
    A13: Yes, Atty. I secured the services of NBI Agent Firma D. Checker, a
    forensic handwriting expert, of the Forgery Division. She identified
    the signatures of the Arsenio Santos, Ferdinand Robredo and Leni
    Marcos as fake while the signature of the buyer Dante Santos as
    authentic.

    Q14: After learning these circumstances, what did you do?


    A14: My daughter and I went to the house of Dante Santiago and
    explained to him the situation. We demanded him to reconvey or
    cause the reconveyance of the subject property.

    Q15: How did Dante Santiago respond to your demand?


    A15: Despite our repeated demands, Dante Santiago did not reconvey
    nor caused the reconveyance of the subject property. He did not
    cooperate nor conversed with us regarding the problem.

    Q16: So when he was adamant in reconveying the property to you, what


    did you do?
    A16: I approached a lawyer, Atty. I approached you so I can know what
    further legal steps to take.

    Q17: Then what happened?


    A17: I brought the matter to the Barangay as per your advise Atty.

    Q18: Was there a conciliation proceeding at the barangay?


    A18: Yes Atty. He was summoned together with my son Dantes Sanros
    and the Punongbarangay mediated between us, however, no
    settlement was reached.

    Q19: Then what happened?


    A19: Punongbarangay ___________ issued and signed a Certificate to
    File Action and advise us to bring the matter to court.
    Q20: When you decided to litigate and bring this matter to the court, did
    you acquire the services of a lawyer?
    A20: Yes, I secured your services Atty.

    Q21: Do you have proof that you acquired my services?


    A21: An Official Receipt in the amount of Two Hundred Thousand Pesos
    (PhP200,000.00) for acceptance fee, and a contract signed by me
    stating that I have to pay Ten Thousand Pesos (P10,000.00) per
    your appearance.

    Q35: I am showing to you Official Receipt No. 112211 in the amount of


    Ninety Thousand Pesos (P90,000.00) marked as Annex D. Is this
    the receipt you are referring to?
    A35: Yes Atty.

    Q36: Now, I am showing to you a document entitled Contract of


    Engagement marked as Annex D-1, is this the contract you are
    referring to?
    A36: Yes Atty.

    Q37: Final question, Ma’am, were you forced, threatened or promised a


    reward for this testimony?
    A37: No Atty.

    NO FURTHER QUESTION.

    MAURA M. SANTOS
    Affiant
    SUBSCRIBED and sworn to before me in Batangas City on
    September 20, 2021, affiant showing her competent proof of identity, to
    wit: Drivers License. 543210.

    ZYREEN KATE B. CATAQUIS


    Counsel for the Plaintiff
    IBP No. 101993, Oriental Mindoro
    PTR No. 123456-2021, Calapan City
    Roll of Attorneys No. 1019
    MCLE COMPLIANCE NO. 987654321
    June 2, 2021
    SWORN ATTESTATION OF THE LAWYER WHO CONDUCTED OR
    SUPERVISED THE EXAMINATION OF THE WITNESS.

    The undersigned ATTY. ZYREEN KATE B. CATAQUIS, of legal age,


    married, and with law office address at Cuta, Batangas City, under oath,
    deposes and states:

    1. She is the Legal Counsel for the plaintiff in the above-entitled case;

    2. She  faithfully  recorded  or  caused  to  be  recorded  the questions 
    she  asked  and  the corresponding  answers  that  the above-named
    witness gave;

    3. Neither she nor any other person then present or assisting her
    coached the witness regarding the latter's answers; and

    4. She conducted the examination of the witness at her law office


    located at Cataquis Law Office, Cucat Building, Cuta, Batangas City.

    Batangas City, September 20, 2021.

    ZYREEN KATE B. CATAQUIS


    Counsel for the Plaintiff
    IBP No. 101993, Oriental Mindoro
    PTR No. 123456-2021, Calapan City
    Roll of Attorneys No. 1019
    MCLE COMPLIANCE NO. 987654321
    June 2, 2021

                SUBSCRIBED and sworn to before me in Batangas City on


    September 20, 2020, affiant showing his/her competent proof of identity, to
    wit: IBP ID NO. 101993.

    STEVEN SEAGAL BROSNAN


    Notary Public
    IBP No. 1516216, Batangas
    PTR No. 4467564-2020, Batangas City
    Roll of Attorneys No. 8758
    MCLE COMPLIANCE NO. 875843793/
    June 12, 2021     

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