Republic of the Philippines

REGIONAL TRIAL COURT

SIXTH JUDICIAL REGION
BRANCH __
ILOILO CITY

MARIE ANTONETTE L. SALCEDO,

MARIE ROSA L. SALCEDO - GROSSMAN,
AND KARLA MARIE L. SALCEDO -
CABCALUM.
Plaintiffs,

Civil Case No.______

-versus- For: ACCION PUBLICIANA

EUFEMIA SALCEDO, AND WINSTON

CASEY Z. SALCEDO.
Defendants.

X---------------------------------X

JUDICIAL AFFIDAVIT

I MYRENE GANZON ESTARES, of legal age, Filipino citizen, married, and a

resident of 183 Lopez Jaena Street, Jaro, Iloilo City, Philippines, personally appearing
before ATTY. MEL PHILDRICH D. GANUHAY who conducted this examination at
Third Floor, Tibiao Bakery Building, Jalandoni St., corner Ma. Clara Avenue, Iloilo
City, after having sworn, hereby answer the following questions that were propounded
in english a language known and understood by the witness:

1. Question (Q): Can you tell us why you are here at our law office today?

Answer (A): I am here to execute a judicial affidavit and to give my testimony in this
case that was filed by the daughters of Susan L. Salcedo against Eufemia Salcedo.

2. (Q): What do you have to say regarding this case?

(A): Because sometime in the morning of 20 July 2021, Eufemia, with the assistance
of several men, destroyed the old wooden fence erected by the late Carlos Salcedo
Jr. the father of the Marie Antonette L. Salcedo, Marie Rosa L. Salcedo-Grossman
and Karla Marie L. Salcedo-Cabalum and commenced the construction of the
concrete wall which encroached on their property.

3. (Q): After Eufemia commenced the construction of the concrete wall, what
happened next?

(A): Susan immediately complained about the incident of destruction of the old
wooden fence and the commencement of the construction of the concrete wall on
their property which was duly recorded before the Barangay.

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4. (Q): You mentioned that the incident was recorded before the Barangay, how were
you able to know that there was a complaint before the barangay regarding this
incident?

(A): I was able to know it because I was the witness to the incident as recorded in the
barangay.

5. (Q): If a copy of the barangay record is shown to you, will you be able to recognize
it?

(A): Yes, I will be able to recognize it.

6. (Q): I am showing to you a copy of the barangay record, are you referring to this
document?

(A): Yes, I am referring to that document.

7. (Q): On the lower left portion of the barangay record, there is a signature on top of
the name Myrene Estares, whose signature is that?

(A): That is mine.

Manifestation of counsel: The barangay record is attached and marked as Exhibit “H”,
The signature of the witness on the lower left portion of the Barangay record is Exhibit
“H-1”.

8. (Q): You mentioned earlier that the property belongs to the daughters of Susan L.
Salcedo how were you able to know that the property belongs to the daughters of
Susan L. Salcedo?

(A): It is covered under the Transfer Certificate of Title no. T-71034, though appears
to be in the name of Carlos Salcedo Jr., the daughters of Susan L. Salcedo have
already executed a Deed of Extrajudicial Adjudication in their favor.

9. (Q): How were you able to know that a there is a Deed of Extrajudicial Adjudication
executed by the daughters of Susan.

(A): Because I was present when the Deed of Extrajudicial Adjudication was
executed.

10. (Q): If a copy of the Deed of Extrajudicial Adjudication is shown to you, will you be
able to identify it?

(A): Yes.

11. (Q): I am showing to you a copy of the Deed of Extrajudicial Adjudication, is this
the document that you are referring to?

(A): Yes, I am referring to that document.

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Manifestation of counsel: The Deed of Extrajudicial Adjudication is attached and
marked as Exhibit “E”.

12. (Q): You mentioned earlier that the property is covered under the Transfer
Certificate of Title no. T-71034 under the name of Carlos Salcedo Jr. is the property
subject of the Deed of Extrajudicial Adjudication, how were you able to know that it is
the property subject of the Deed of Extrajudicial Adjudication?

(A): Because I was present during the execution of the Deed of Extrajudicial
Adjudication and I personally saw that the subject of the Deed of Extrajudicial
Adjudication was the Transfer Certificate of Title no. T-71034.

13. (Q): If a copy of the Transfer Certificate of Title no. T-71034 shown to you, will you
be able to identify it?

(A): Yes.

14. (Q): I am showing to you a copy of the Transfer Certificate of Title no. T-71034,
are you referring to this document?

(A): Yes, I’m referring to that document.

Manifestation of counsel: The Transfer Certificate of Title is attached and marked as

Exhibit “D”.

15. (Q): You mentioned earlier that the Susan complained about the destruction of the
old wooden fence and the erection of the concrete wall on their property before the
Barangay, after that, what happened next?

(A): After that Eufemia assured them that she will remove the structures that she
constructed on the property of the daughters of Susan, which she has yet to fulfill until
now.

16. (Q): Then what happened next if any?

(A): After due time that the Eufemia still failed to remove the structures that she
constructed, Susan decided to consult a lawyer to which I accompanied her, and
through her lawyer a letter dated 21 February 2022 was sent before the Punong
Barangay of Sambag Jaro Iloilo City demanding that she remove structures that she
constructed on their property and restore the possession in favor of the daughters of
Susan and to ultimately settle the matter.

17. (Q): If a copy of the letter dated 21 February 2022 that was sent to the lupon is
shown to you, will you be able to identify it?

(A): Yes.

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18. (Q): I am showing you a copy of the letter, dated 21 February 2022, that was sent
to the lupon are you referring to this letter?

Manifestation of counsel: This copy of the letter, dated 21 February 2022, is attached
and marked as Exhibit “I”.

19. (Q): After the letter, dated 21 February 2022 was sent before the barangay lupon
of Brgy. Sambag, Jaro, Iloilo City, what happened after that?

(A): An agreement was reached that Eufemia will stop the construction of the
concrete wall and have it removed. However, until now she has failed to comply,
because the construction of the wall was continued and she has failed to remove it
from their property.

20. (Q): After that, what happened next?

(A): I was then asked again by Susan to accompany her to her lawyer, and on 28
February 2022, a demand letter was sent, dated 21 February 2022 demanding from
Eufemia to vacate the portion that she forcibly took from the daughters of Susan.
Despite receipt of the letter, Eufemia still failed to vacate the area that she took

21. (Q): If a copy of the demand letter is shown to you will you be able to identify it?

(A): Yes, I will be able to identify it.

22. (Q): I am showing to you a copy of the demand letter, are you referring to this
document?

(A): Yes, I am referring to that document.

Manifestation of counsel: The copy of this demand letter is attached and marked as
Annex “J”.

23. (Q): You mentioned that the structures constructed encroached on the property
owned by the daughters of Susan Salcedo, how were you able to determine that the
structures encroached on property that belongs to the daughters of Susan Salcedo?

(A): Jose S. Mañosa a geodetic engineer was hired to conduct a survey and to
determine if the wall encroached on their property, After the survey and the area was
plotted on a survey plan by Jose S. Ma ñosa, it was discovered that the wall
encroached their property, the area of which is about 10 square meters more or less

24. (Q): If that survey plan prepared by Jose S. Ma ñosa is shown to you, will you be
able to identify it?

(A): Yes, I will be able to identify it.

25. (Q): I am showing you a copy of the survey plan that was prepared by Jose S.
Mañosa is this the survey plan that you are referring to?

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(A): Yes, that is the survey plan that I am referring to.

Manifestation of counsel: This survey plan is attached and marked as Exhibit “G”.

26. (Q): Are all your answers based on your personal knowledge?

(A): Yes.

27. (Q): Do you have anything else to add?

(A): None as of the moment.

28. (Q): In answering the questions herein, do you swear to the truth thereof, and you
are fully aware that you are under oath, and may face criminal liability for false
testimony or perjury?

(A): Yes, I swear to the truth hereof, and that I affirm that I am fully aware that I am
under oath and may face criminal liability for false testimony or perjury.

29. (Q): Are you willing to affix your signature in this judicial affidavit?

(A): Yes.

IN WITNESS WHEREOF I have hereunto set my hand this ___ day of September
2022 in Iloilo City, Philippines.

MYRENE GANZON ESTARES

AFFIANT

SUBSCRIBED AND SWORN TO BEFORE ME this ___ day of September 2022

in Iloilo City, Philippines, by the affiant, whose identity I have confirmed through her
______ numbered _________ bearing her photograph and signature, and who signed
said Judicial Affidavit in my presence and swore that she understood the contents
thereof and that the same was her free and voluntary act and deed.

Doc. No. _____;

Page No. _____;
Book No. _____;
Series of 2022

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 SWORN ATTESTATION

I, ATTY. MEL PHILDRICH D. GANUHAY, of legal age, Filipino citizen, single and with
postal address at Third Floor, Tibiao Bakery Bldg., Jalandoni Street, Corner Ma. Clara
Avenue, Iloilo City, Philippines, after having sworn hereby state that:

1.) I was the lawyer who conducted and supervised the examination of MYRENE
GANZON ESTARES in relation to her judicial affidavit in the above - captioned case;

2.) I faithfully recorded or caused to be recorded the questions I asked Mrs. Estares
and the corresponding answers she gave me;

3.) Neither I nor any other person present coached Mrs. Estares regarding her
answers;

4.) I swear to the truth hereof, and that I affirm that I am fully conscious that I am
under oath, and may face disciplinary action, including disbarment, for false
attestation.

IN WITNESS WHEREOF, I hereunto set my hand this ______ day of September,

2022, in Iloilo City, Philippines.

ATTY. MEL PHILDRICH D. GANUHAY

Affiant

SUBSCRIBED AND SWORN to before me this ____ day of September 2022, in

Iloilo City, Philippines, and the principal, person on the date and at the place above-
written, presented the foregoing integrally complete instrument, signed the same in
my presence, and affirmed or swore under oath to the truth and correctness of the
contents or allegations of the same. I certify that the affiant is personally known to me
and he exhibited a competent proof of identity - IBP (Iloilo) I.D. No. 80299.

Doc. No.____;
Page No.____;
Book No.____;
Series of 2022.

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