REPUBLIC OF THE PHILIPPINES

xxx Judicial Region

REGIONAL TRIAL COURT
xxx, Rizal
Branch No. xx
HEIRS OF SPS. SERAFIN xxx
AND LUZ xxx, SPS.
LUZ xxx AND
SERAFIN xxx; and
Xxx RESORT,
INCORPORATED,

Civil Case No. xxx

Plaintiffs,

versus
ment of Transfer

For:

Certificate of Title No.

LEONORA xxx,
Annulment of
And Those Acting Under
Her Authority; and the
REGISTER OF DEEDS OF
RIZAL

Annul

xxx; Etc.

Defendants.
x---------------------------------------------x

JUDICIAL AFFIDAVIT
(Rule on Judicial Affidavit,
A.M. No. 12-8-8-12, September 4, 2012)
I.

PRELIMINARY INFORMATION.

NAME AND OTHER PERSONAL CIRCUMSTANCES OF THE WITNESS.

Name
Age
Address
Occupation
Language

:
:
:
:
:

IRENE xxx
xxx;
xxx St., xxx, Rizal;
Housewife;
English and Tagalog.

LAWYER WHO CONDUCTED OR SUPERVISED THE EXAMINA TION OF THE WITNESS.

Name

Atty. MANUEL J. LASERNA JR.

Address
:
LASERNA CUEVA-MERCADER LAW
OFFICES, Unit 15, Star Arcade, C.V. Starr Ave., Philamlife Village, Las Pinas Ci
ty 1740.
Place of Examination: LASERNA CUEVA-MERCADER LAW OFFICES,
Law Offices, Unit 15, Star Arcade, C.V. Starr Ave., Philamlife Village, Las Pina
s City 1740.
II.

OFFER.

The testimony of the witness Irene Xxx-Xxx is being offered to prove the:
1.

The identity of the real property subject matter of this case;

2.
The questioned land title in the name of the defendant covering the subj
ect property;
3.
;

The antecedent land titles of the questioned land title of the defendant

4.
es;

The legal history of the antecedent and the current/questioned land titl

5.
ty;

The identities of the legal heirs/plaintiffs claiming the subject proper

6.
The identities of the predecesors-in-interest/decedents of the said lega
l heirs/plaintiffs;
7.
III.

The legal bases for the claim/prayers of the plaintiffs.

JUDICIAL AFFIDAVIT PROPER.

I, IRENE XXX, xxx years old, married, Filipino, and residing at xxx St., xxx, Ri
zal, under oath, depose:
Q

Please state your name, age, residence, and occupation of the witness.

A
I am IRENE XXX-XXX, 51 years old, married,
residing at xxx St., xxx, Rizal, and a Housewife.
Q- Why are you here now?
A To give a sworn statement by way of a judicial affidavit, the
same to constitute as my direct testimony, in the above-captioned
civil case.
QFor the record, please state the name and address of the
Lawyer who is now conducting or supervising your examination and the place
where the examination is being held now?
A The legal counsel for the plaintiffs, Atty. Manuel J. Laserna Jr.,
is conducting or supervising my examination now at his law office
(Laserna Cueva-Mercader Law Offices) located at:
Unit 15, Star Arcade, C.V. Starr Ave., Philamlife Village,
Las Pinas City 1740.
Q
A

In what language do you want your examination to be conducted?

This judicial affidavit is prepared in English.

But I prefer that my cross examination be conducted in

Tagalog for my convenience and for clarity.
Q Do you undertake to answer the questions to be asked of you, fully conscious t
hat you will do so under oath, and that you may face criminal liability for fals

e testimony or perjury?
A -Yes.
6.
Q
Let us now proceed to the Complaint. Do you know the
plaintiffs Heirs of (the deceased) Sps. Serafin Xxx and Luz Xxx-Xxx (Heirs of the
Sps. Xxx) , namely:
a.
b.

Josefina Xxx and

The children of Jose Manuel Xxx, namely:
i.

Ken Jeffer

son Xxx,
ii.

Kate Jennely

n Xxx,
iii.

Katty Jane Xx

iv.

Kris Jennifer

x, and
Xxx?
A

Yes. They are relatives of mine.

7.
Q
Do you the plaintiffs
Xxx-Xxx and Serafin Xxx , namely:
a.
b.

Heirs of (the deceased) Sps. Luz

Irene Xxx Xxx and

Yvette O. Xxx?

A -

Yes.

I am Irene A. Xxx. Yvette O. Xxx is my sister.

8.
Q Do you know the plaintiff xxx RESORT,
INCORPORATED , represented in this case by its President
xxx FLORANTE xxx?
A

Yes.

Xxx Resort Inc., thru its President, xxx Florante

Xxx, has bought from the plaintiffs the real property subject matter of this cas
e.
9.
XXX?
A

Q -

Do you know the defendant in this case, LEONORA

Yes. She is a relative of my mother s first husband.

My deceased mother was LUZ XXX VDA. DE XXX.

Her first husband was SERAFIN XXX (deceased).
10. Q - Why are your testifying in this case?
A
I am testifying in this case as an heir of the deceased Sps. Luz
Xxx-Xxx and Serafin Xxx.
I am a co-plaintiff in this case.
This case is for:

a.
Annulment of Transfer of Certificate of Title No. xxx registered in the
name of defendant LEONORA XXX ( Xxx ), and all persons acting under her authority,
covering a parcel of land located in Barrio Balimbing, Municipality of Xxx, Riz
al ( subject property );
b.
Accion Reivindicatoria or recovery of the ownership of the subject prope
rty from defendant XXX and persons acting under her authority in favor of XXX RE
SORT as the BUYER of the subject property from the plaintiffs;
c.
Recovery of the possession of the subject property from defendant XXX a
nd persons acting under her authority in favor of XXX RESORT as the BUYER of the
subject property from the plaintiffs;
d.
DAMAGES based on the provisions of ABUSE OF RIGHT (pursuant to Article
s 19 and 20 of the Civil Code) and TORT or QUASI DELICT and TORT/DAMAGES (pursu
ant to Article 2176 and the damages provisions of the Civil Code).
11. Q case?

Are you familiar with the real property subject matter of this

A Yes. I live in Xxx, Rizal, where the subject pr0perty is also

located and I always visit the subject property.
12. Q - Can you describe the subject property?
A Yes. The subject property is a parcel of land registered in the
name of the defendant XXX under Transfer of Certificate of Title (TCT) No. xxx,
issued by the Registry of Deeds of the Province of Rizal on xxx, 1981.
It is covered by Tax Declaration No. xxx in the name of defendant Xxx with an as
sessed value of Pxxx.
It has an area of xxx SQUARE METERS, more or less.
13. Q Are you familiar with the history of the land title of the
subject pr0pety registered in the name of the defendant
Xxx?
A
Yes.
I have researched and investigated the history of the
subject property before we filed this case.
I have also interviewed the living elders of our clan (heirs of Juez Manuel Xxx)
about the history of the subject property. I was assisted in the research and i
nvestigation by my husband, Jose J. Xxx, and the lawyers for the plaintiffs, the
Laserna Cueva-Mercader Law Offices.
14. Q

Who is the deceased Juez Manuel Xxx?

A The deceased Juez Manuel Xxx is the grandfather of the

plaintiffs and the defendant Xxx.
He was the original registered owner of a parcel of land under Certificate of Ti
tle No. xxx by the Register of Deeds of the Province of Rizal, pursuant to a Sal
es Patent No. xxx issued xxx, 1927, located in Xxx, Rizal with an area of fiftee
n (15) hectares.
15.

Who was the wife of Juez Manuel Xxx?

The wife of Juez Manuel Xxx was the deceased Pelagia R. Xxx.

The late Juez Manuel Xxx and the late Pelagia Xxx were lawfully married to each
other on xxx, 1924 in Xxx, Rizal.
16. Q
property?

What is the relation of Pelagia Xxx to the subject

A On xxx, 1922, the late Pelagia Xxx was issued

Certificate of Title No. xxx by the Register of Deeds of the Province of Rizal,
pursuant to Sales Patent No. xxx, for a parcel of land located in Xxx, Rizal wit
h an area of xxx hectares.
The property formed part of her conjugal partnership with her husband, the decea
sed Juez Manuel Xxx.
17.
A

When did Juez Manuel Xxx die?

Juez Manuel Xxx died on xxx, 1949.

18. Q
A -

When did Pelagia Xxx die?

Pelagia Xxx died on xxx, 1957.

19. Q Who were the heirs of the deceased Sps. Juez

Manuel Xxx and Pelagia Xxx?
A
The heirs of the deceased Spouses Juez Manuel Xxx and
Pelagia Xxx was their only surviving child and their only heir Serafin Y. Xxx.
As the only surviving child and the only heir of the deceased Sps. Juez Manuel X
xx and Pelagia Xxx, Serafin Xxx inherited the abovementioned parcels of land ow
ned by his deceased parents.
20. Q
What legal instrument did Serafin Xxx execute
to cause the transfer of the ownership of the estate of his deceased parents in
his name?
A In xxx 1958, Serafin Xxx executed an Affidavit of
Adjudication.
21. Q - What happened next?
A On November 10, 1958, Transfer Certificate of Title
(TCT) No. xxx was issued by the Registry of Deeds of the Province of Rizal in th
e name o Serafin Xxx.
22. Q

Do you know the wife of Serafin Xxx?

Yes. Serafin Xxx married Luz Xxx on xxx, 1952 in Cardona, Rizal.

23. Q - When did Serafin Xxx die?

A - Serafin Xxx died on xxx, 1958.
24. Q

Who were the legal heirs of Serafin Xxx?

A The legal heirs of Serafin Xxx heirs were his widow Luz Xxx Vda de Xxx
and their two (2) children Josefina Xxx and Jose Manuel Xxx.
25. Q
How did the legal heirs of the deceased Serafin Xxx
partition his estate?
A
The parcel of land covered by
registered in the name of Serafin Xxx,
quare meters, was subsequently divided
(3) titles, in the names of Luz Vda De
l Xxx
1/3, to wit:

TCT No. xxx

married to Luz Xxx, with an area of xxx s
into three parcels, with separate three
Xxx
1/3; Josefina Xxx
1/3; and Jose Manue

a.
Luz Vda. De Xxx - TCT No. xxx with an area of xxx square meters (represe
nting her conjugal share plus her legitime from the estate of her deceased husba
nd Serafin Xxx);
b.
Josefina Xxx - TCT No. xxx with an area of xxx square meters (representi
ng her legitime from the estate of her deceased father Sarafin Xxx); and
c.
Jose Manuel Xxx - TCT No. xxx with an area of xxx square meters (repres
enting his legitime from the estate of her deceased father Sarafin Xxx).
The Plan of Subdivision Survey made for the estate of the deceased Serafin Xxx (
TCT No.xxx) was made by Private Land Surveyor Julian B. Santos in 1959.
26. Q - Are you familiar with the parcel of land covered TCT
e name of Luz Vda. De Xxx, the widow of Serafin Xxx?

No. xxx in th

A
Yes. It is a parcel of land described as Lot 1 of the subdivision
plan (LRC), Psd-xxx; being a portion of the parcel of land described on plan Sixxx, LRC (GLRO) Rec. No. (Sales Patent), situated in the Barrio of Balimbing, Mu
nicipality of Xxx, Province of Rizal, with an area of xxx SQUARE METERS, more or
less.
27. Q
When Serafin Xxx died in 1958, how old were his
children Josefina Xxx and Jose Manuel Xxx.
A At the time of the death of Serafin Xxx in 1958, his two (2) surviving
children, namely, Josefina Xxx and Jose Manuel Xxx, were still both minors.
Josefina Xxx was born on xxx, 1954 and she was only over three (3) years old whe
n her Father Serafin Xxx died.
Jose Manuel Xxx was born on xxx, 1957 and he was only slightly over one (1) year
old when his father Serafin Xxx died.
28. Q - Do you know the deceased Gregoria Xxx?
A Yes. Gregoria Xxx Xxx was an aunt of Josefina
Xxx and Jose Manuel Xxx.
29. Q
What is the relation of Gregoria Xxx Xxx to the
subject property subject matter of this case?
A During the lifetime of the deceased Gregoria Xxx Xxx
she caused the execution of three (3) simulated and void
Deeds of Absolute Sale covering the parcel of land registered
under TCT No. xxx with an area of xxx square

meters, to wit:
a.
Deed of Absolute Sale, dated xxx, 1974, allegedly executed by Luz Xxx Vd
a De Xxx in favor of Gregoria Xxx Xxx for Pxxx covering her one-third share on t
he parcel of land covered by TCT No. xxx.
b.
Deed of Absolute Sale, dated xxx, 1977, allegedly executed by Josefina X
xx in favor of Gregoria Xxx Xxx for Pxxx covering her one-third share on the pa
rcel of land covered by TCT No. xxx.
c.
Deed of Absolute Sale, dated xxx, 1979, allegedly executed by Jose Manu
el Xxx in favor of Gregoria Xxx Xxx for Pxxx covering his one-third share on the
parcel of land covered by TCT No. xxx.
30. Q
Why do you say that the said three (3) deeds of sale (c. 1974, 1977,
and 1979) were void and simulated?
A - The reasons are as follows based on our family records:
a.
The alleged signature of Luz Vda De Xxx on the alleged Deed of Absolute
Sale, dated XXX, 1974 was not the true signature of Luz Xxx Vda De Xxx.
Thus, the alleged signature of Luz Xxx Vda De Xxx was a forgery.
The said Deed of Absolute Sale is NULL and VOID ab initio and INEFFECTIVE for la
ck of consent.
b.
Moreover, the alleged consideration of Pxxx for the sale of the 1/3 shar
e of Luz Xxx Vda De Xxx on the parcel of land under TCT No. xxx was not paid by
Gregoria Xxx Xxx.
The said Deed of Absolute Sale is rendered NULL and VOID ab initio and INEFFECTI
VE for lack of consideration.
c.
The alleged signature of Jose Manuel Xxx on the alleged Deed of Absolut
e Sale, dated xxx, 1979 IS NOT the signature of Jose Manuel Xxx.
Thus, the said alleged signature of Jose Manuel Xxx was a forgery.
The said Deed of Absolute Sale is NULL and VOID ab initio and INEFFECTIVE for la
ck of consent.
d.
Further, the alleged consideration of Pxxx for the sale of the 1/3 share
of Jose Manuel Xxx in the land covered by TCT No. xxx was not paid by Gregoria
Xxx Xxx.
The said Deed of Absolute Sale is rendered NULL and VOID ab initio and INEFFECTI
VE for lack of consideration.
e.
The signature of Josefina Xxx on the Deed of Absolute Sale, dated xxx, 1
977 WAS NOT VOLUNTARILY AFFIXED by her as she was INFLUENCED (and was not in a p
osition to decline) to sign the same by her aunt Gregoria Xxx.
The said Deed of Absolute Sale is NULL and VOID ab initio and INEFFECTIVE for la
ck of consent.
f.
Moreover, the alleged consideration of Pxxx for the sale of the 1/3 sh
are of Josefina Xxx on the parcel of land under TCT No. xxx was not paid by Greg
oria Xxx Xxx.

The said Deed of Absolute Sale is rendered NULL and VOID ab initio and INEFFECTI
VE for lack of consideration.
31. Q

What happened next?

A
Based on the aforecited three (3) Deeds of Absolute Sale,
TCT No. xxx was issued in the name of Gregoria Xxx
Xxx by the Registry of Deeds of the Province of Rizal on
December 9, 1980.
Subsequently, the TCT No. M-xxx was issued on xxx, 1981 by the Registry of Deeds
of the Province of Rizal in the name of the defendant Leonora Xxx, a niece of
Gregoria Xxx Xxx, based on a deed of sale executed by Gregoria Xxx Xxx in favor
of the defendant Xxx on xxx, 1979.
It was annotated at the back of TCT No. xxx on xxx, 1981 as Entry No. xxx.
32. Q Why are you running after the defendant Xxx for
the subject property?
A
We, the plaintiffs, are running after the defendant Xxx in
this case because the legal defects in the title of Gregoria
Xxx Xxx under TCT No. xxx were transferred
to the defendant Xxx as the transferee of Gregoria
Xxx Xxx.
We believe that the parcel of land covered
by TCT No. xxx still belongs to Luz Xxx Vda De
Xxx, Josefina Xxx and Jose Manuel Xxx.
33. Q- Did Luz Xxx Vda Xxx (Luz Xxx) remarry?
A-

Yes. She entered into a second marriage with Serafin Xxx on xxx, 1960.

34. Q children?

Did the Sps. Luz Xxx and Serafin Xxx have

A
Yes. They had two (2) children, namely, myself, Irene O.
Xxx, married to Jose J. Xxx, and my sister Yvette O.
Xxx.
35. Q - Where is Jose Manuel Xxx now?
A

He died on xxx, 1989.

36. Q

Who are the legal heirs of the deceased Jose Manuel Xxx?

A The late Jose Manuel Xxx was survived by his four (4)
children, namely:
(1) Ken Jefferson Xxx,
(2) Kate Jennelyn
Xxx,
(3) Katty Jane Xxx, and
(4) Kris Jennifer Xxx. They
are co-plaintiffs in this case.

37. Q
A

Where is Luz Xxx-Xxx (Luz Vda. De Xxx) now:

She died on xxx, 1991.

38. Q

Who were the legal heirs of Luz Xxx-Xxx (Luz Vda. De Xxx)?

A.

He legal heirs were the following:

a.

Her second husband Serafin Xxx;

b.

Her children and grand children from her first marriage:

b.1. Josefina Xxx; and

b.2. The children of Jose Manuel Xxx:

Ken Jefferson Xxx;

Kate Jennelyn Xxx;
Katty Jane Xxx; and
Kris Jennifer Xxx.

c.
Her children from her second marriage: Myself, Irene Xxx-Xxx; and Yvett
e Xxx.
39. Q Where is Serafin Xxx (second husband of the widow Luz Xxx-Xxx [Luz Vda. De
Xxx])now?
A

He died on xxx, 2008.

40. Q- Who are his legal heirs?

A - The surviving legal heirs of the deceased Sps. Serafin Xxx and the deceased
Luz Xxx are:
a.
Josefina Xxx;
b.
The children of Jose Manuel Xxx; and
c.
The surviving legal heirs of the Sps. Luz Xxx and Serafin Xxx, i.e., my
self Irene Xxx-Xxx and my sister Yvette Xxx.
41. Q -What is your computation of the shares of the plaintiffs from the subje
ct property?
A

Their shares are as follows:

a.

Josefina Xxx - xxx square meters;

b.

Children of Jose Manuel Xxx, sharing equally among them:

Ken Jefferson Xxx,

Kate Jennelyn Xxx,
Katty Jane Xxx, and
Kris Jennifer Xxx

- xxx square meters;

c.
d.

Irene Xxx-Xxx - xxx square meters;

Yvette Xxx - xxx square meters.

The total of the above sharing is xxx square meters.

42. Q

What is the relation of Xxx Resort to the subject property?

A - The plaintiffs Heirs of Sps. Xxx have sold the subject

property to the XXX RESORT, INC., represented by its
President xxx FLORANTE XXX, as contained in the Deed
of Extrajudicial Partition; with Deed of Absolute Sale; Waiver of
Rights; and Special Power of Attorney, dated xxx, 2012.
In the said
of attorney
plaintiffs,
Mercader to
43. Q
A

deed, the plaintiffs have also executed a special power

in favor of xxx Xxx and the lawyers for the
Atty. Manuel Laserna Jr. and/or Atty. Myrna
represent them in all stages of this case.

What reliefs do you seek from the Court?

We seek the following reliefs:

a.

The annulment of TCT No. xxx registered in the name of defendant LEONORA
XXX.

b.
The recovery of the ownership (accion reinvindicatoria) of the subject p
roperty from defendant LEONORA XXX (and those acting under her authority) in fav
or of co-plaintiff XXX RESORT, INC. as the BUYER of the subject property from th
e plaintiffs Heirs of Sps. Serafin Xxx and Luz Xxx-Xxx.
c.
The recovery of the possession of the subject property from defendant L
EONORA XXX (and those acting under her authority) in favor of XXX RESORT, INC.
as the BUYER of the subject property from the plaintiffs Heirs of Sps. Serafin X
xx and Luz Xxx-Xxx.
d.
The award of the following damages based on the provisions of ABUSE OF
RIGHT and TORT or QUASI DELICT, pursuant to Articles 19 and 20 (abuse or right)
in relation to Articles 2176
(tort/quasi delict) and Title XVIII ( Damages ) of
the Civil Code, to wit:
d.1. Moral damages in the amount of P500,000.00 in favor of the lead plaintiffs
Heirs of the Sps. Xxx for their physical suffering, mental anguish, fright, seri
ous anxiety, besmirched reputation, wounded feelings, moral shock and social hu
miliation of the lead plaintiffs Heirs of the Sps. Xxx;
d.2. Exemplary damages in the amount of P500,000.00 in favor of the lead plaint
iffs Heirs of the Sps. Xxx by way of example or to serve as correction for the
public good.
d.3. Attorneys fees in the amount of Pxxx as acceptance fees for the legal servi
ces of the Laserna Cueva-Mercader & Associates Law Offices as the Legal Counsel
of XXX RESORT, INC., plus appearance fee per hearing in the amount of Pxxx per
hearing;
d.4. Litigation costs in the amount of P100,000.00;
d.5. Costs of suit.
44. Q

What documents do you wish to submit to the Court?

A
We hereby reiterate our EX PARTE MOTION TO INSTRUCT THE BRANCH CLERK OF COURT
TO MARK THE COMMON EXHIBITS , dated xxx, 2015, and support of our earlier EX PARTE
MANIFESTATION (ADOPTION OF SELECTED DEFENDANT S EXHIBITS AS PLAINTIFFS COMMON EXHIB
ITS) , dated xxx, 2015, we, by counsel, manifested to the Court that we were ADOPT
ING as COMMON EXHIBITS the following exhibits previously introduced by the defen
dant Xxx which were attached to the Judicial Affidavit of the first witness for
the defendant Xxx in the person of LIGAYA xxx, to wit:
X x x.

1.
As Exhs. A to A-5 for the plaintiffs - Exh. 1 to 1-E of the Xxx judicial a
vit, i.e., TCT No. M-xxx, with submarkings, including the last page entitled Mem
orandum of Encumbrances.

2.
As Exhs. B to B-4 for the plaintiffs - Exh. 2 to 2-B of the xxx judicial af
it, i.e., DEED OF ASSIGNMENT executed by GREGORIA XXX, with submarkings.
3.
As Exh. C to C-3 for the plaintiffs - Exh.
t, i.e., TCT NO. M-xxx, with submarkings.

to

3-C

of the Xxx judicial aff

4.
As Exh. D to D-1 for the plaintiffs - Exh.
ial affidavit, i.e., TCT NO. xxx, with submarkings.

to

4-(not legible)

of the Xxx

5.
As Exh. E for the plaintiffs - Exh. 5 of the Xxx judicial affidavit, i.e., D
EED OF ABSOLUTE SALE executed by LUZ XXX VDA. DE XXX, consisting of one (1) page
.
6.
As Exh. F for the plaintiffs - Exh. 6 of the Xxx judicial affidavit, i.e., D
EED OF ABSOLUTE SALE executed by JOSE MANUEL XXX, consisting of one (1) page.
7.
As Exh. G for the plaintiffs - Exh. 7 of the Xxx judicial affidavit, i.e., D
EED OF ABSOLUYE SALE executed by JOSEFINA XXX, consisting of one (1) page.
8.
As Exh. H for the plaintiffs - Exh. 8
of the Xxx judicial affidavit, i.e.,
CERTIFICATION dated xxx, 2014, of the National Archives of the Philippines, cons
isting of one (1) page.
9.
As Exh. I for the plaintiffs - Exh. 9
of the Xxx judicial affidavit, i.e.,
CERTIFICATION dated xxx, 2014, of the National Archives of the Philippines, con
sisting of one (1) page.
10. As Exh. J for the plaintiffs - Exh. 10
of the Xxx judicial affidavit, i.e., C
ERTIFICATION dated xxx, 2014, of the National Archives of the Philippines, consi
sting of one (1) page.
11. As Exh. K to K-11 for the plaintiffs - Exh. 16 to 16-FF of the Xxx judicial
avit, i.e., VARIOUS OFFICIAL RECEIPTS FOR PAYMENTS OF LOCAL REAL ESTATE TAXES is
sued to Defendant LEONORA V. XXX (marked as Exhs. 16 to 16-Z for the Defense) and is
sued to xxx DEV. CORP. (marked as Exhs. 16-AA to 16-FF for the Defense).
12. As Exh. L to L-1 for the plaintiffs - Exh. 16-GG to 16-JJ of the Xxx judicial
avit, i.e., TAX DECLARATION NO. xxx (Exh. 16-GG , etc.) and TAX DECLARATION NO. xxx
(Exh. 16-II , etc.), consisting of two (2) pages.
13. As Exh. M for the plaintiffs - Exh. 19 of the Xxx judicial affidavit, i.e., to
pographical map showing the location of LOT NO. 1 (LRC) PSD
xxx, A (area) = xxx
sq. m., M-xxx.

X x x.
45. Q

What else, if any?

A I hereby introduce, for marking purposes, the following exhibits which were al
ready attached to the Complaint as Annexes A to JJ thereof.
I ask that they be marked as Exhs. N
kings in the Complaint. To wit:

to

XX to correspond to their specific Annex Mar

Annex A in the Complaint, the same to be marked as Exh.

rated Board Resolution No. xxx, series of 2012;

hereof

Xxx Resort, Incorpo

Annex B in the Complaint, the same to be marked as Exh.

name of Leonora Xxx;

hereof

TCT No. xxx in the

Annex C in the Complaint, the same to be marked as Exh.

. xxx in the name of Leonora Xxx;

hereof

Tax Declaration No

Annex D in the Complaint, the same to be marked as Exh. Q

Title No. xxx in the name of Juez Manuel Xxx;
Annex E in the Complaint, the same to be marked as Exh.
itle No. 4 in the name of Pelagia Xxx;

Annex F in the Complaint, the same to be marked as Exh. S

ge Contract of Juez Manuel Xxx and Pelagia Xxx;

hereof - Certificate of
hereof - Certificate of T
hereof - Negative Marria

Annex G in the Complaint, the same to be marked as Exh.

th of Juez Manuel Xxx;

hereof

Certificate of Dea

Annex H in the Complaint, the same to be marked as Exh.

th of Pelagia Xxx;

hereof

Certificate of Dea

Annex I in the Complaint, the same to be marked as Exh.

ication of Birth of Serafin Xxx;

hereof - Negative Certif

Annex J in the Complaint, the same to be marked as Exh.

udication of Serafin Xxx;

hereof - Affidavit of Adj

Annex K in the Complaint, the same to be marked as Exh.

he Notarial Book of Notary Public xxx;

hereof

Notarial page of t

Annex L in the Complaint, the same to be marked as Exh.

name of Serafin Xxx;

hereof

TCT No. xxx in the

Annex M in the Complaint, the same to be marked as Exh.

between Serafin Xxx and Luz Xxx;

hereof

Marriage Contract

Annex N in the Complaint, the same to be marked as Exh.

eath of Serafin Xxx;

AA

Annex O in the Complaint, the same to be marked as Exh.

rth of Josefina Xxx;

BB hereof

Certificate of Bi

Annex P in the Complaint, the same to be marked as Exh.

e Birth of Jose Manuel Xxx;

CC hereof

Certificate of Liv

hereof

Certificate of D

Annex Q in the Complaint, the same to be marked as Exh. DD hereof

e name of Luz Vda De Xxx, Josefina Xxx and Jose Manuel Xxx;

TCT No. xxx in th

Annex R in the Complaint, the same to be marked as Exh. EE hereof

in the name of Luz Vda De Xxx, Josefina Xxx and Jose Manuel Xxx;

TCT No. xxx196257

Annex S in the Complaint, the same to be marked as Exh. FF hereof

e name of Luz Vda De Xxx, Josefina Xxx and Jose Manuel Xxx;

TCT No. xxx in th

Annex T in the Complaint, the same to be marked as Exh. GG hereof

on Survey for Serafin Xxx for Si-xxx, described in TCT No. xxx;

Plan of Subdivisi

Annex U in the Complaint, the same to be marked as Exh. HH hereof

Alleged Deed of A
bsolute Sale of Luz Xxx, dated May 25, 1974, allegedly in favor of Gregoria Xx
x;
Annex V in the Complaint, the same to be marked as Exh. II hereof - Alleged Deed o
f Absolute Sale of Josefina Xxx, dated xxx, 1977, allegedly in favor of Gregori
a Y. Xxx;
Annex W in the Complaint, the same to be marked as Exh. JJ hereof - Alleged Deed of
Absolute Sale of Jose Manuel Xxx, dated xxx, 1979, allegedly in favor of Grego
ria Y. Xxx;
Annex X in the Complaint, the same to be marked as Exh.
e name of Gregoria Y. Xxx;

KK hereof

Annex Y in the Complaint, the same to be marked as Exh.

act between Luz Xxx and Serafin Xxx;

LL hereof - Marriage Contr

Annex Z in the Complaint, the same to be marked as Exh.

ve Birth of Irene Xxx;

MM hereof

Annex AA in the Complaint, the same to be marked as Exh.

ve Birth of Yvette Xxx;
Annex BB in the Complaint, the same to be marked as Exh.
Death of Jose Manuel Xxx;

OO

hereof

TCT No. xxx in th

Certificate of Li
Certificate of Li

PP hereof - Certificate of

Annex CC in the Complaint, the same to be marked as Exh.

ive Birth of Ken Jefferson Xxx;

QQ

hereof

Certificate of L

Annex DD in the Complaint, the same to be marked as Exh.

ve Birth of Kate Jennelyn Xxx;

RR

hereof

Certificate of Li

Annex EE in the Complaint, the same to be marked as Exh.

ive Birth of Katty Jane Xxx;

SS

hereof

Certificate of L

Annex FF in the Complaint, the same to be marked as Exh.

Live Birth of Kris Jennifer Xxx;

TT

Annex GG in the Complaint, the same to be marked as Exh.

cation of Death of Luz Xxx-Xxx;

UU

hereof

Negative Certifi

Annex HH in the Complaint, the same to be marked as Exh.

cation of Death of Serafin Xxx;

VV

hereof

Negative Certifi

hereof

Certificate of

Annex II in the Complaint, the same to be marked as Exh. WW hereof - Deed of Extraj
udicial Partition; with Deed of Absolute Sale; Waiver of Rights; and Special Po
wer of Attorney; dated xxx, 2012; between the Heirs of Sps. Serafin Xxx and Heir

s of Luz Xxx and

Serafin Xxx.

Annex JJ in the Complaint, the same to be marked as Exh. XX hereof - SPA of Josefi
na Xxx and Jose Xxx, as attorneys-in-fact of the above-named lead plaintiffs .
46. Q

Anything else?

I hereby introduce the following additional exhibits to prove the forgery, lack
of consideration, and lack of consent of Luz Xxx Vda. De Xxx, Jose Manuel Xxx, a
nd Josefina O. Xxx regarding the void and simulated 1974, 1977 and 1979 deeds of
sale that they executed in favor of Gregoria Xxx, to wit:

a)
Exh. YY
Kasulatan Ng Sanglaan Ng Labing Dalawang (12) Puno Ng Mangga , dated x
xx 1964, executed by Luz Xxx.
It shows the true signature of Luz Xxx.
b)

Exh. ZZ

Kasulatan Ng Sanglaan , dated xxx 1960, executed by Luz Xxx.

It shows the true signature of Luz Xxx.

c)
Exh. AAA
Signature of Jose Manuel Xxx on his Catholic Cursillo prayer guide
called Gabay Ng Manglalakbay , c. 1980s.
d)
As to the signature of Josefina O. Xxx in the questioned 1977 deed of sal
e, the same was true, but she signed it under the influence of Gregoria Xxx and
without any consideration.
At that time, she had just recovered from a 6-month coma at the intensive care u
nit of the old xxx Hospital, xxx City, after a serious head injury caused by a v
ehicular accident.
47. Q- Anything else?
A - Yes.
I hereby adopt into this judicial affidavit, by incorporation and reference, all
the allegations and arguments contained in our Complaint and all the supporting
documents annexed thereto, the same to form part and parcel hereof.
48. Q - Anything else?
A

Yes.

I hereby manifest that during the main trial of the merits of this case, we, the
plaintiffs, intend to file a motion for questioned document and handwriting exa
mination by the National Bureau of Investigation (NBI) of all questioned documen
ts and signatures involved in this case, as discussed above.
I further manifest that, during the trial on the merits of this case, we intend
to present additional corroborating witnesses to prove our claims and prayers i
n the Complaint.
49. Q

Why did it take you and your co-plaintiffs more than 30 years before you f

iled a case in court against the defendant Xxx to assert your rights in the subj
ect property?
A We did not have the financial resources and the clout to launch a legal fight
against the rich and influential Xxx Family to recover the subject property.
When we sold our rights and interest in the subject property to Xxx Resort, Inc.
three (3) years ago that was the only time we acquired the necessary resources
and courage to commence this action with the support.
Furthermore, the said delay should not be taken against us.
We believe that a void and simulated contract, as in this case, is invalid ab in
itio and that the action to nullify it is imprescriptible under the Civil Code a
nd existing jurisprudence, hence, as far as we are concerned, the defense of lac
hes is inapplicable.
Nothing Follows.
X x x City, xxx, 2015.
IRENE A. XXX
Affiant/Co-Plaintiff
SUBSCRIBED and sworn to before me in xxx City on xxx ____, 2015, aff
iant showing his/her competent proof of identity, to wit: Comelec VIN xxx.

Notary Public
Doc. No. __
Page No. __
Book No. __
Series of 2015.

IV.

EXHIBITS ATTACHED TO THE JUDICIAL AFFIDAVIT.

Exh.

to Exh.

AAA , supra.

V.
SWORN ATTESTATION OF THE LAWYER WHO CONDUCTED OR SUPERVISED TH
E EXAMINATION OF THE WITNESS.
The undersigned ATTY. MANUEL J. LASERNA JR., of legal age, married, and with law
office address are Laserna Cueva-Mercader Law Offices, Unit 15, Star Arcade, C.
V. Starr Ave., Philamlife Village, Las Pinas City 1740, under oath, deposes and
states:
1.

He is the Legal Counsel for the plaintiffs in the above-entitled case;

2.
He faithfully recorded or caused to be recorded the questions h
e asked and the corresponding answers that the above-named witness gave;
3.
Neither he nor any other person then present or assisting him coached th
e witness regarding the latter's answers; and

4.
He conducted the examination of the witness at his law office located at
Laserna Cueva-Mercader Law Offices, Unit 15, Star Arcade, C.V. Starr Ave., Phi
lamlife Village, Las Pinas City 1740.
xxx City, xxx, 2015.

Atty. MANUEL J. LASERNA JR.

Affiant
SUBSCRIBED and sworn to before me in xxx City on xxx _____, 2015, af
fiant showing his/her competent proof of identity, to wit: SSS Member ID No. xxx
.
Notary P
ublic
Doc. No. ___
Page No. ___
Book No. ___
Series of 2015.
Copt Furnished:
Xxx LAW OFFICES
Counsel for Defendant LEONORA XXX
xxx Floors
xxx CENTER
xxx Ave. corner xxx St.
xxx, xxx City
xxx City
Reg. Rec. No.
Date
PO
Register of Deeds of Rizal Province
Office of the Register of Deeds
Of Rizal Province
Binangonan, Rizal
Reg. Rec. No.
Date
PO
EXPLANATION
A copy of this Judicial Affidavit is served on the Court, the Counse
l for the Defendant Leonora Xxx, and the Register of Deeds of Rizal Province via
LBC Express Corp./registered mail due to the great distances of their respectiv
e addresses, due to the urgency of filing the same, and due to the lack of field
personnel of the undersigned counsel at this time.

Manuel Laserna Jr.