REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH 256
MUNTINLUPA CITY

NINO PRESCO and JACKIE PRESCO

Plaintiffs,

CIVIL CASE NO. 01234

-versus-
FOR: Accion Reivindicatoria
and Damages

PRINCESS DIANA VILLADOLID

Defendant.

x--------------------------------------------------------x

JUDICIAL AFFIDAVIT

I. PRELIMINARY INFORMATION

A. NAMES AND PERSONAL CIRCUMSTANCES OF THE

WITNESSES

Name: Jackie Presco

Address: Lot 1, Block 2, Hukom Street, Justice Village
Poblacion, Muntinlupa City.

Occupation: Nurse
Age: 35
Language: English and Filipino

B. LAWYER WHO CONDUCTED OR SUPERVISED THE

EXAMINATION OF THE WITNESS
Name: Atty. Juan Dela Cruz
 Address: 212 San Guillermo Street,
Muntinlupa City

Place of Examination: 212 San Guillermo Street,

Muntinlupa City

II. OFFER

The testimony of the witness, JACKIE PRESCO, is being offered to

prove that:

1. The defendant, PRINCESS DIANA VILLADOLID has shown

willful possession of the encroached area owned by the herein
plaintiffs.

2. That VILLADOLID unlawfully encroached upon the property

owned by the herein plaintiffs.

3. The legal bases for the claims and prayers of the private
complainant.

III. JUDICIAL AFFIDAVIT PROPER.

I, JACKIE PRESCO, of legal age, Filipino Citizen, married and a

resident of Lot 1, Block 2, Hukom Street, Justice Village Poblacion,
Muntinlupa City, under oath, depose:

1. Counsel/Examiner: Ms. Witness, I will be asking you questions

and you will answer them accordingly. The questions and the
answers will be reduced in a form of a judicial affidavit that serve
as your direct testimony in connection with the case you filed
against PRINCESS DIANA VILLADOLID for Accion
Reivindicatoria, at the Regional Trial Court of Muntinlupa City
and docketed as Civil Case No. 01234. You shall only tell the
truth and nothing but the truth. Please state your full name and
address.

Witness: I am JACKIE PRESCO, of legal age, married and a

resident of Lot 1, Block 2, Hukom Street, Justice Village
Poblacion, Muntinlupa City.

2. Counsel/Examiner: Would you please state my name and my

address, as the lawyer conducting this examination, and the
place where this examination is being conducted?
 Witness: You are ATTY. JUAN DELA CRUZ, your office is at
212 San Guillermo Street, Muntinlupa City, the same place
where this examination is being conducted.

3. Counsel/Examiner: Would you also please state the process

which we are undertaking at present?

Witness: You are going to ask me questions, and I am going to

answer them.

4. Counsel/Examiner: Ms. Witness, after this examination, you will

be required to bring with you a written judicial affidavit (which will
embody the questions and answers I have asked and you have
answered, respectively) to a Notary Public before whom and in
his presence, you will subscribe and swear the Judicial Affidavit.
Will you do this?

Witness: Yes, Sir.

5. Counsel/Examiner: Are you fully conscious that in answering

the questions being asked of you now, it will later on be made
under oath once you appear before a Notary Public where the
Judicial Affidavit will be subscribed and sworn to before him?

Witness: Yes, Sir.

6. Counsel/Examiner: Are you aware that in answering the

questions, once you have subscribed and sworn to before a
Notary Public, you may face criminal liability should you give a
false testimony or perjure yourself?

Witness: Yes, Sir.

7. Counsel/Examiner: Ms. Witness, do you know the party to this

case?

Witness: Yes, Sir.

8. Counsel/Examiner: How did you know her?

Witness: I am the plaintiff in this case; whereas, PRINCESS is

the defendant, who I charge for Accion Reivindicatoria.

9. Counsel/Examiner: Do you personally know the defendant in

this case, Ms. Princess Diana Villadolid?
 Witness: Yes, Sir.

10. Counsel/Examiner: Ms. Witness, can you tell us why you

personally know her?

Witness: Ms. Villadolid is my neighbor in Justice Village.

11. Counsel: Why are your testifying in this case?

Witness: I am testifying because I am the plaintiff in this case.

This case is for:

a. Accion Reivindicatoria or recovery of the ownership of the

subject property from defendant Princess;

b. Recovery of the possession of the subject property from

defendant Princess;

c. Damages based on the provisions of ACCION

REIVINDICATORIA (pursuant to Article 428 and Article 434 of
the New Civil Code).

12. Counsel/Examiner: Can you describe the subject property?

Witness: Yes. It is a parcel of land registered in my name

under Transfer of Certificate of Title (TCT) No. T- 12345, issued
by the Registry of Deeds of the City of Muntinlupa. I acquired it
through a Deed of Absolute Sale with a fair market value of P1,
250, 000.00 and an assessed value of P750, 000.00. It has an
area of 500 SQUARE METERS.

13. Counsel/Examiner: When did you found out that your lot has
been encroached by Lot 2 preferably owned by defendant
Princess?

Witness: On July 01, 2017, Sir. Upon the relocation survey

conducted by Engr. Madolin Carag evidenced by a Survey
Report.

14. Counsel/Examiner: What did the Survey Report revealed?

Witness: The Survey Report revealed that Lot 2 owned by

defendant Princess encroached my lot by 2.88 meter, forming an
overlap of 36 square meter, Sir.
15. Counsel/Examiner: How did you know that Lot 2 is owned by
Princess?

Witness: Through the Transfer Certificate Title No. T- 67890 and

a Tax Declaration of Real Property, Sir. It is stipulated there that
Princess is the owner of Lot 2.

16. Counsel/Examiner: What did you do upon knowing the

overlapping of Lot 1 and Lot 2.

Witness: I sent a Demand Letter dated November 30, 2017 to

the defendant ordering her to vacate the same.

17. Counsel/Examiner: What was her response then?

Witness: There was no respond to the said letter. The

defendant ignored the same.

18. Counsel/Examiner: What action did you take after your

Demand Letter was ignored by the defendant?

Witness: We brought the matter to the Lupon ng

Tagapamayapa, Sir.

19. Counsel/Examiner: What happened before the Lupon ng

Tagapamayapa?

Witness: There was no settlement reached, Sir.

20. Counsel/Examiner: What did you do after that?

Witness: We obtained a Certificate to File Action from Barangay

Poblacion, Muntinlupa City, Sir.

21. Counsel/Examiner: What reliefs do you seek from the Court?

Witness: We seek the following reliefs:

1. The recovery of the possession (Accion Reivindicatoria) of the

subject property from defendant Princess.

2. Ordering the defendant to vacate the subject property

3. Moral damages in the amount of P60,000.00

4. Attorneys fees in the amount of P60,000.00

 22. Counsel/Examiner: What documents you wish to submit to the
Court?

Witness: I wish to submit to the Court the following

documents:

a. As Exhibit “A”- Transfer Certificate of Tile No. T- 12345;

b. As Exhibit “B’- Deed of Absolute Sale executed between

me and Ryza Mae Lee Kum Kee;

c. As Exhibit “C”- Transfer Certificate Title No. T- 67890;

d. As Exhibit “D”- Tax Declaration of Property;

e. As Exhibit “E”- Survey Report;

f. As Exhibit “F”- Demand Letter;

g. As Exhibit “G”- Certificate to File Action

23. Counsel/Examiner: Do you attest that what you have said is

true and correct, either based on your personal knowledge or based
on the records or documents?

Witness: Yes, Sir.

IN WITNESS WHEREOF, I have hereunto set my hands

th
this 7 day of April 2018 in Muntinlupa City.

JACKIE PRESCO
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME this7th day

of April 2018 in Muntinlupa City, affiant having exhibited to me
his Licence No. ______ in Muntinlupa City.

NOTARY PUBLIC

Doc No: __;

Page No: __;
Book No: __;
Series of 2018.
 ATTESTATION

I, ATTY. JUAN DELA CRUZ, with office address at 212 San

Guillermo Street, Muntinlupa City, attest under oath as follows:

i. That I conducted and supervised the

examination of the above-named witness;

ii. That I faithfully recorded or caused to be

recorded the questions asked and the
corresponding answers the witness gave;
and

iii. That no other person had assisted or

coached the witness regarding her answers
to the foregoing questions profound on her.

ATTY. JUAN DELA CRUZ

SUBSCRIBED AND SWORN TO before me this 7th day of April

2018 in Muntinlupa City affiant having exhibited to me his IBP No.
00000.

NOTARY PUBLIC

Doc No: __;

Page No: __;
Book No: __;
Series of 2018.

COPY FURNISHED
ATTY. ________