Republic of the Philippines

REGIONAL TRIAL COURT

Branch __
City of _____________

HOME DEVELOPMENT
MUTUAL FUND,
Plaintiff,

-versus- CIVIL CASE NO. ___________

FOR: Accion Reinvindicatoria

__________________
Defendants.
x-----------------------------------------X

JUDICIAL AFFIDAVIT
(Question and Answer form)

QUESTIONS were propounded by Defendant’s counsel, Atty.

_____________ with office address at __________________,
in English, which the affiant fully understands, while
ANSWERS were given by witness in English and the
corresponding translation of his answer is provided after each
question,

We are offering the Testimony of the witness to prove the

following matters:

1. The Defendants is the lawful owner of the property

subject of litigation.
2. The Defendants did not receive the Notice of
Cancellation of the Plaintiff.
3. The complaint of the plaintiff is defective that warrants
the dismissal of the case.
4. To prove other relevant matters pertinent to the
allegations mentioned in the petition.

With the kind permission of the Honorable Court

DIRECT EXAMINATION

Page 1 of 5
Q1: Mr. Witness please be reminded that you are answering
questions under oath and that you may face criminal
liability for false testimony or perjury. What do you
say?
Answer: Yes sir. I know the consequence of telling a lie.

Q2: Please state your name, age, residence address, and

occupation.
Answer: ______________, of legal age, married, Filipino,
with address at _________________________, after having
been sworn to in accordance with law, hereby depose and
state THAT:

Q3: Mr. Witness in relation to this case do you remember

having executed any sworn affidavit?
A: Yes

Q4: If shown you this Affidavit will you be able to identify

the same?
A: Yes

Q5: I am showing to you a document denominated as

“JUDICIAL AFFIDAVIT” executed by one
_______________, and on the last page thereof, a
signature on top of the printed name
___________________, is this your Affidavit and
Signature?
A: Yes

Q6: And do you affirm and confirm and understand the

contents of your affidavit?
A: Yes

Manifestation of ___________________: May we have this

JUDICIAL AFFIDAVIT marked as our Exhibit “A” and the
signature of the witness as “A-1”

Q7: Mr. Witness are you the same ___________________,

one of the defendants in this case?
A: Yes sir.
Q8: Do you know the Plaintiff Home Development Mutual
Fund (HDMF)?
A. Yes. I and my spouse, Mrs. ___________________
applied for a housing loan with HDMF.

Page 2 of 5
Q9: How much is the value of the loan?
A. It is 750,000.00.

Q10: How much is your monthly amortization for the housing

loan with HDMF?
A. It is PhP 7,581.81 per month.

Q11: Are you updated in paying your monthly amortization?

A. No.

Q12: Have you receive any notice of default of payment

coming from HDMF.
A. Yes. Only one. The Final Demand Letter dated 18 June
2012.

Q13: If shown you a copy of the Final Demand Letter dated

18 June 2012 would you be able to identify the same?
A. Yes Sir.

Manifestation of ___________________: The Final Demand

Letter dated 18 June 2012 was already pre-marked as
Exhibit “B” during the presentation.

Q14: Have you received anymore letters coming from the

HDMF?
A. None anymore.

Q15: Do you remember receiving a Notice of Cancellation

(NOC) dated 08 August 2013 issued by Pag-IBIG
FUND?
A. I have not received any Notice of Cancellation issued by
Pag-IBIG FUND.

Q16. Have you received any Notice to Vacate dated 08

December 2015 issued by Pag-IBIG FUND demanding
you to vacate and surrender the subject property?
A. I have not received anything.

NOTHING FURTHER.

IN WITNESS WHEREOF I have placed my hand this ___

day of July 2018.

Page 3 of 5
 ________________
Affiant

SUBSCRIBED AND SWORN to before me this ______

day of July 2017 in the ____________ City, Philippines,

Doc. No: _____;

Page No: _____;
Book No:_____;
Series of 2018

SWORN ATTESTATION

I, ___________________, of legal age, Filipino and

with office address at Room
________________________________________________
______ do hereby state under oath that:

1. I personally conducted the direct examination of the

witness;

2. I faithfully recorded the questions that we asked on

said affiant and her corresponding answers; and

3. Neither I nor any person then present coached said

witness regarding the aforementioned answers.

IN WITNESS HEREOF, we have hereunto affixed our

signatures this ___ day of July 2018 at
_________________.

___________________
Affiant

SUBSCRIBED AND SWORN to before me this ____ day

of July at ______________ affiant showed to me his IBP
Identification Card with Roll Nos. 42381.

Page 4 of 5
 WITNESS MY HAND AND SEAL.

Doc No. ____;

Page No.____;
Book No.____;
Series of 2018.

Page 5 of 5