Republic of the Philippines

REGIONAL TRIAL COURT

National Capital Judicial Region
Branc 1, Manila

KRISTINAPANALO and JACK DANIEL PANALO,

Plaintiffs,
-versus-

AURORA PANALO, HEIRS OF

MAURICIO PANALO and LUCIO Case No. R-MNL-18-1235-CV
PANALO,
Defendants.
.
xx----------------------------------------xx

REPUBLIC OF THE PHILIPPINES)

CITY OF ANGELES ) S.S.

JUDICIAL AFFIDAVIT
(OF KRISTINA PANALO
TO SERVE AS HIS DIRECT TESTIMONY)

PRELIMINARY STATEMENT

I, KRISTINA PANALO, Filipino, married to PABLO PANALO (deceased), of legal

age, with address at the 7100 SAN MIGUEL MANILA, METRO MANILA, after being
sworn to in accordance with law, hereby depose and state that I am fully aware that I
execute this affidavit under oath and that I may face criminal liability for false testimony or
perjury; that this affidavit, being prepared in English, is in a language known to me; and
that the name and address of the lawyer who conducted or supervised my examination is
Atty. KRISTEN S. GORGOZOLA and the place where this examination is being held is in
Manila City.

OFFER OF TESTIMONY: The testimony of the witness is being offered to prove the
following:

a. That the witness is the legal wife of Pablo Panalo and is in possession of the
original copies of marriage contract;

b. That the witness is the partner of Pablo Panalo in their Realty Business;

c. That the marriage between the witness and Pablo Panalo is considered to be
conjugal in nature;

d. That the fact of being in conjugal in nature, the property donated by Pablo without
the consent of witness is conjugal property which makes the donation void;

e. That the property must be recovered by the witness as the rightful and real owner;

f. Other material allegations to substantiate the petition.

1. Question: Mrs. Witness, do you swear to tell the truth, the whole truth and nothing
but the truth?

Answer : Yes, sir.

2. Question: Can you kindly state your name and personal circumstances?

Answer : I, KRISTINA PANALO, Filipino, married to PABLO PANALO (deceased),

of legal age, with address at 7100 SAN MIGUEL MANILA, METRO
MANILA and a partner to our Realty Business.

3. Question: You mentioned that you were married to Pablo Panalo who is now
deceased? What is your evidence that you were married?

Answer : I have a copy of our Marriage Certificate issued by Philippine Statistic

Office.

4. Question: As a partner of the Realty business, what are your duties and
responsibilities?

Answer : My duties and responsibilities are as follows:

-. Functionally, I am the one in charge of examining all documents

required for the issuance of titles of real properties within our areas
of coverage

- Likewise, I assist Pablo within the area supervising the personnel

in charge of transferring all the titles.

-. I may also represent the office in attending meetings and proceedings

which involves the Office of the Register of Deeds.

5. Question: Mrs. Witness, are you familiar with Transfer Certificate of Title No. 045-
2012006753, subject title of this case?

Answer : Yes, Sir.

6. Question: Why are you familiar with said title?

Answer : I, together with my deceased husband is the real owner of the said title

7. Question: I am showing you the Certified Electronic Print-out of TCT No. 045-
2012006753 previously marked as Exhibits “B”, “B-1” & “B-2” in the
answer of the defendants. Can you inform us if this document was
owned by conjugal properties?

Answer : Yes Sir, that’s the same document owned by our conjugal properties, the
Register of Deeds of Manila City.

8. Question: Do you want this marked in evidence adapting the markings of the same
as Exhibits “E”, “E-1” & “E-2” from the judicial affidavit and attaching
it to your judicial affidavit to form part of it?
 Answer : Yes Sir.

9. Question: As the Attorney-In-Fact and co-owner of the property covered by TCT No.
045-2012006753, Mr. Pablo Panalo as contained in the petition donated
such property without your legal consent?

Answer : Yes, Sir.

10. Question: I am showing you a copy of the Deed of Donation executed and signed
by a certain Pablo Panalo and Constancia which was already marked as
Exhibit “B”.

Answer : Yes Sir.

11. Question: Do you want this Deed of Donation marked in evidence adapting the
markings of the same as Exhibit “B” and attaching it to your judicial
affidavit to form part of it?

Answer : Yes Sir.

12. Question: Is there any annotation of this Deed of Donation either in the original
and/or the additional electronic copy (page 2) of TCT No. 045-
2012006753 under the new computerized system in your Office, among
others?

Answer : Yes Sir, there is an annotation of an Deed of Donation in the electronic

copy (page 2) of TCT No. 045-2012006753, among others.

13. Question: Mr. Witness, I am showing you the annotation of the Deed of Donation
on the additional electronic copy (page 2) of TCT No. 045-2012006753
with entry No. 2014004232 already marked as Exhibit “____”.

Answer : Yes, Sir.

14. Question: Do you want this annotation marked in evidence adapting the markings
of the same as Exhibits “___” and attaching it to your judicial affidavit
to form part of it?

Answer : Yes Sir.

15. Question: As the wife of Pablo and now of the owner of the original copy of TCT No.
045-2012006753 and you are privy to it, are there any other entries of
encumbrances or annotations on said title?

Answer : Yes Sir.

16. Question: What are they?

Answer : Entry No. 2012007500 dated September 28, 2012 representing Liabilities
under Sec. 4, Rule 74: To creditors, heirs and other persons unlawfully
deprived of participation in the estate of the deceased Spouses Delfin
Espiritu and Camila Flores as extra-judicially settled for a period of two
 (2) years pursuant to Section 4 Rule 74 of the Rules of Court.

17. Question: Are there other entries annotated in the said title?

Answer : No more, Sir.

18. Question: Do you affirm and confirm that the original copy of TCT No. 045-
2012006753 is still intact and existing in the title?

Answer : Yes, Sir.

19. Question: Do you affirm and confirm that the photocopies attached in your judicial
affidavit are faithful reproduction of the original and/or the certified true
electronic copies?

Answer : Yes, Sir.

20. Question: As to the legal content of the deed of donation, you are not a party and
you never ever give your consent to donate it.

Answer : Yes, Sir.

21. Question: As of this moment, you want to recover the said property which is part of
your conjugal funds

Answer : Yes, Sir.

20. Question: And it is the reason why this case exists today?

Answer : Yes, Sir.

20. Question: As of this moment, I have no more question to ask and clarify, do you
want to add something in your statements?

Answer : No more, Sir.

21. Question: As a final question, are you willing to affix your signature under oath to
attest to the truth of what you have stated in all the pages of this judicial
affidavit which constitute as your direct testimony?

Answer : Yes, Sir.

Signed at Manila City this 7th day of May, 2019.

Kristina Panalo
Affiant

SUBSCRIBED AND SWORN TO before me this 7th day of May, 2019 at Manila
City, Philippines by affiant who has submitted competent proof of his identity; that he is
the same person who signed the foregoing affidavit and acknowledged that he voluntarily
executed the same.

NOTARY PUBLIC

Doc. No. _______

Page No. _______
Book No. _______ ATTY. SHEENA T. GUTIERREZ
Series of 2019._ PTR No. 124568-Manila City-1/02/17
IBP No. 654321- Manila City-1/02/17
Roll of Attorneys No. 22233
MCLE Compliance No. IV– 0025412
May 5, 2017

Sworn Attestation of Lawyer

I, KRISTEN S. GORGONZOLA, of legal age, Filipino and with business address at

C-7, Nepo Mart 1, Angeles City, after having been duly sworn to in accordance with law,
depose and state that:

(a) I conducted or supervised the examination of KRISTINA PANALO;

(b) I faithfully recorded or caused to be recorded the questions I asked and the
answers given by the witness; AND

(c) neither I nor any other person present or assisting coached the witness
regarding the answers.

ATTY. KRISTEN S. GORGONZOLA,

SUBSCRIBED AND SWORN TO before me this 7th day of May, 2019 at Manila
City, Philippines by affiant who has submitted competent proof of his identity; that he is
the same person who signed the foregoing attestation and acknowledged that he
voluntarily executed the same.

NOTARY PUBLIC

Doc. No. _______

Page No. _______ ATTY. SHEENA T. GUTIERREZ
Book No. _______ PTR No. 124568-Manila City-1/02/17
Series of 2019._ IBP No. 654321- Manila City-1/02/17
Roll of Attorneys No. 22233
MCLE Compliance No. IV– 0025412
May 5, 2017