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REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT IN CITIES


Second Judicial Region
Cauayan City, Isabela
NILO LOCO
Plaintiff,
CIVIL CASE No. 12345
FOR: EJECTMENT (FORCIBLE
ENTRY)

-versusMANDO RUGAS
Defendant.
x----------------------------------------------x

JUDICIAL AFFIDAVIT

I, NILO LOCO, of legal age, widower and a resident of No. 0823,


Mapukpukaw St., Alinam, Cauayan City, Isabela, Philippines, after being
sworn to in accordance with law, depose and state:

PRELIMINARY STATEMENT
The person interrogating me is Atty. Aiza G. Ordoo, the counsel
handling this case, with office address at Minante-1, Cauayan City, Isabela.
The interrogation is being held at the same address.
I am answering her questions in English fully conscious that I do so
under oath and may face criminal liability for false testimony and perjury.

QUESTIONS AND ANSWERS


Q1: Do you swear to tell the truth, the whole truth and nothing but
the truth in this judicial affidavit?
A1: Yes, I do.
Q2: What is your purpose in giving this sworn statement?
A2: To support the complaint I filed against MANDO RUGAS, of
legal age, Filipino and a resident of No. 823 Mabini Street,

District 1, Cauayan City, Isabela, for Ejectment for Forcible


Entry.
Q3: Do you know the defendant in this case?
A3: Yes, I do.
Q4: Why do you know him?
A4: He is the owner of the land adjacent to my corn land.
Q5: So, you have a corn land. Where is this corn land of yours
located?
A5: My cornland is located in the boundary of Cauayan City and
Alicia, Isabela. Specifically, it is a 2 hectares corn land, 1.3 of
which is located in Alinam, Cauayan City and 0.7 of which is in
the neighboring barangay, in Del Pilar, Alicia, Isabela.
Q6: Do you have any proof to show that such corn land is yours, if
any?
A6: Actually Attorney, the corn land is an unregistered land. But
since the time I took possession of it in 1973, I have been
regularly paying the real property tax thereon. As evidence, I
have here the Real Property Tax Receipts that I have kept since
1973 (handing over the receipts to Atty. Ordoo).
Counsel:

I am marking this Real Property Tax Receipts issued by


the local government of Cauayan as Exhibits A-1 to
Exhibit A-42.

Q7: Aside from this Real Property Tax Receipts, do you have any
other proof that such land is yours, if there is any?
A7: Yes Attorney. I have here the Tax Declaration issued by the City
Assessor of Cauayan stating that my corn land is unregisted
but was declared under my name (handing over the Tax
Declaration to counsel).
Counsel:

I am marking this Tax Declaration issued by the City


Assessor of Cauayan as Exhibit B.

Q8: Being unregistered, can you state the boundaries of your land?
A8: My corn land is bounded by the river on the northern area, the
national highway on the east, by two mango trees on the
southeastern area, by a narra tree on the southwestern part and
bamboo trees on the northwestern part near the river.

Q9: Why did you file a case for Ejectment for Forcible Entry the
defendant?
A9: Because defendant, Mando Rugas, through stealth and
strategy, cultivated my corn land without my permission.

Q10: When did this happen?


A10: On August 25, 2014 Attorney, when he again cultivated is corn
land after his return from Hongkong, he included my two (2)
hectares land, and planted it with corns.
Q11: Where was the corn land of the defendant located?
A11: It is located in Del Pilar, Alicia, Isabela Attorney, adjacent to my
land.
Q12: So what did you do knowing this, if there is any?
A12: I talked to him and asked him to vacate my land, Attorney,
Q13: Did he vacate the land?
A13: No, he did not. He refused to vacate.
Q14: So what did you do when he refused to vacate your land, if
there is any?
A14: I consulted my legal counsel who immediately sent a formal
demand letter through registered mail with return card on
October 23, 2014, which was received by the said Mando
Rugas on October 25, 2014.
Q15: Do you have any proof that such demand was really made and
whether it was received by the defendant?
A15: Yes Attorney. I have here a copy of the Demand Letter and
registry receipt to show that defendant really received my
demand letter to vacate (handling over the demand letter and
registry receipt to counsel).
Counsel:

I am marking this Demand Letter as Exhibit C and the


Registry Receipt as Exhibit D.

Q16: How much damage did you incur, if any, by reason of the
unauthorized cultivation by the defendant of your corn land, if
there is any?
A16: I sustained damages equal to the unrealized income I should
have earned from the harvest of my said corn land for the last
planting seasons as a result of the malicious occupation of the
defendant of my corn land. The institution of this case also
compelled me to incur damages consisting of attorneys fees in
the amount of thirty five thousand pesos (Php 35,000.00) and
filing fee, cost of transportation and other miscellaneous
accommodation of its lawyer and other personal expenses to
be incurred in attending the hearings of this case in the amount
of thirty thousand pesos (Php 30,000.00).

Q17: In relation to this case, do you remember having executed an


complaint?
A17: Yes, Attorney (handing over to counsel his complaint).
Counsel:

I am marking this Complaint as Exhibit E.

Q18: Below this Exhibit E is a signature above the name NILO


LOCO. Do you know whose signature is this?
A18: That is my signature, Attorney.
Counsel:

I am marking the signature at the bottom portion of


Exhibit E as Exhibit E-1.

Q19: Do you understand the questions asked of you and the answers
you have given in this judicial affidavit?
A19: Yes Attorney, I do.
Q20: Are you fully conscious that the answers you have given in this
judicial affidavit are done under oath?
A20: Yes Attorney, I do.
Q21: Do you understand that you may face criminal liability for false
testimony or perjury if proven that you have stated any falsity in
this judicial affidavit?
A21: Yes Attorney, I do.
Q22: Are you willing to sign this statement?
A22: Yes Attorney, I do.
IN WITNESS WHEREOF, I have hereunto affixed my signature
on this 31st day of July 2015 at Cauayan City, Isabela.

NILO LOCO
Affiant-Complainant

SUBSCRIBED AND SWORN to before me this 31st day of July


2015 at Cauayan City, Isabela.

ATTY. AIZA G. ORDOO


Counsel for the Plaintiff
Minante 1, Cauayan City, Isabela
Roll of Attorneys No. 1111111
IBP No. A-2222222
PTR No. 3333333
MCLE COMPLIANCE IV 4444444

ATTESTATION
I, ATTY. AIZA G. ORDOO, with office address at Minante-1,
Cauayan City, Isabela, hereby attest that I personally conducted the
interview of NILO LOCO at my office and he gave the corresponding
answers to the questions and that neither I nor other person present
coached said witness.

ATTY. JOSIE P. LAUREL

Counsel for the Plaintiff


SUBSCRIBED AND SWORN to before me this 31st day of July
2015 at Cauayan City, Isabela.

ATTY. KINA KAPOS


Notary Public
Until December 31, 2015
PTR No. 1234578
Issued at Cauayan City, Isabela
On January, 15, 2015
Doc. No. 584;
Page No. 85;
Book No. LXIII;
Series of 2015.