REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
National Capital Region
BRANCH 50, Manila
ENGR. SHEREEN DELA
CRUZ,
Plaintiff,
Civil Case No. 08-3636
-versus- For: EJECTMENT
MARCO REYES,
Defendant.
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JUDICIAL AFFIDAVIT
(OF DEFENDANT WITNESS MARCO REYES)
OFFER OF EVIDENCE
MARCO REYES, unto this Honourable Court, most
respectfully submits his Judicial Affidavit, which shall constitute his
testimony on direct examination and which is hereby being offered to
prove the following:
1) That on September 20, 2015, the plaintiff and the defendant
executed a Deed of Absolute Sale;
2) That by virtue of the said Deed, the plaintiff sold to the
defendant the same property covered by the Lease Contract
between the same parties;
3) That the as a result of the Deed of Sale, the defendant is now the
owner of the disputed property; and
4) Such other matters relevant to the instant proceedings and to
identify documents.
QUESTIONS AND ANSWERS
I, MARCO REYES, of legal age, single, Filipino and a resident of
1172-5A E.Quintos Sr. Street, corner Dapitan, Sampaloc, Metro
Manila, after having been duly sworn to in accordance with law,
hereby depose and state that the following is a faithful record of how I
was examined by Atty. ROUSE STEPHEN G. CEBREROS, on 3
February 2017, at his office at the 8 th floor, ABD Tower, Magsaysay
St., Quezon City, Philippines and that I responded fully conscious that
I was under oath and may face criminal liability for false testimony or
perjury:
Q1: Witness, please state your name, age, civil
status, residence and other personal
circumstances.
A1: I am MARCO REYES, of legal age, single,
Filipino and a resident of 1172-5A E.Quintos
Sr. Street, corner Dapitan, Sampaloc, Metro
Manila.
Q2: Do you confirm and affirm that you are
testifying fully conscious and aware that your
testimony is under oath and any falsity
herewith could result in criminal liabilities for
giving false testimony or for perjury?
A2: Yes, sir.
Q3: For the record, kindly state the name and
address of the counsel conducting this
examination and the place where it is being
conducted?
A3: The examining lawyer is Atty. Rouse Stephen
G. Cebreros at his office at the 8th floor, ABD
Tower, Magsaysay St., Quezon City, which is
the same place where the present examination
is taking place, sir.
Q4: What is your role in the instant case?
A4: I am the defendant in this case.
Q5: Why were you made the defendant in this
case?
A5: I was one of the parties to the execution of the
Contract of Lease and the Deed of Absolute
Sale, specifically as the lessee and the buyer,
respectively.
Q6: I am showing to you a Contract of Lease dated
02 September 2013, consisting of four pages.
Please examine the same and tell this
Honorable Court the relation of these
document to the one you were referring to a
while ago?
A6: Yes, that was the Contract of Lease I was
referring to.
Q7: Where is the property covered by the said
Contract exactly located?
A7: 1172-5A E.Quintos Sr. Street, corner Dapitan,
Sampaloc, Metro Manila, sir.
Q8: Who is the lessor in the said Contract?
A8: The plaintiff, Engr. Shereen Dela Cruz.
Q9: What is the period of the Contract of Lease?
A9: The period of the lease is from September 2,
2013 until September 2, 2016.
Q10: Were you able to finish the period provided in
the lease contract?
A10: No, sir.
Q11: Why?
A11: I bought the property before the end of the
period of the lease.
Q12: When?
A12: September 20, 2015, sir.
Q13: I am showing to you a Deed of Absolute Sale
dated 20 September 2015, consisting of two
pages. Please examine the same and tell this
Honorable Court the relation of these
documents to the one you were referring to a
while ago?
Q13: Yes, that was the Deed of Absolute Sale I was
referring to.
Q14: What was the consideration for the said
property?
A14: Money, sir.
Q15: How much?
A15: 2,500,000.00, sir.
Q16: Who received the money?
A16: The plaintiff himself, sir.
Q17: Who gave it to her?
A17: I did.
Q18: When?
A18: The same day the deed was executed.
Q19: Was there any other person present during the
execution of the deed?
A19: Yes, sir.
Q20: Who?
A20: Darwin P. Merrera and Emmanuela C.
Constancia
Q21: Why were they present during the execution of
the Deed of Absolute Sale?
A21: They acted as witnesses to the execution of the
deed, sir.
I have executed this Judicial Affidavit and affixed my signature
to attest to the truth and the veracity of all the foregoing facts for all
legal intents and purposes.
IN WITNESS WHEREOF, I have hereunto signed this
affidavit this 3rd day of February 2017 Quezon City, Philippines.
MARCO REYES
Affiant
SUBSCRIBED AND SWORN to before me this 3r d day of
February 2017 in Quezon City, Philippines.
ROUSE STEPHEN G. CEBREROS
Roll of Attorneys No. 55555
MCLE Compliance No. IV-67890
ATTESTATION
I, ROUSE STEPHEN G. CEBREROS, hereby attest under oath
as follows:
1. I am the lawyer who personally conducted the
examination of the witness Darwin Merrera.
2. I faithfully recorded the questions I asked and
the corresponding answers that the witness gave me; and
3. Nobody then present during the conduct of
this examination coached the witness in giving his
answers.
IN WITNESS WHEREOF, I hereby affix my signature this 3 rd
day of February 2017 at Quezon City, Philippines.
ROUSE STEPHEN G. CEBREROS
Roll of Attorneys No. 55555
MCLE Compliance No. IV-67890
SUBSCRIBED AND SWORN to before me this 3rd day of
February 2017 in Quezon City, Philippines.
ATTY. MARIA TERESA M. LAMPA
Counsel for Defendant
Copy furnished by personal service:
ATTY. DEE HAJJI HERRERA
5th Floor, Dominga Bldg. III,
2113 Chino Roces Ave. cor. Dela Rosa St., Makati City
