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 For: Annulment of

Transfer
Certificate of
Title No.
LEONORA xxx, xxx; Etc.
Annulment of
And Those Acting Under
Her Authority; and the
REGISTER OF DEEDS OF
RIZAL
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 : IRENE xxx

Age : xxx;
Address : xxx St., xxx, Rizal;
Occupation : Housewife;
Language : 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 City
1740.

Place of Examination: LASERNA CUEVA-MERCADER LAW OFFICES,

Law Offices, Unit 15, Star Arcade, C.V. Starr Ave., Philamlife Village, Las Pinas 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 subject
property;

3. The antecedent land titles of the questioned land title of the defendant;

4. The legal history of the antecedent and the current/questioned land titles;

5. The identities of the legal heirs/plaintiffs claiming the subject property;

6. The identities of the predecesors-in-interest/decedents of the said legal

heirs/plaintiffs;

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

III. JUDICIAL AFFIDAVIT PROPER.

I, IRENE XXX, xxx years old, married, Filipino, and residing at xxx St., xxx, Rizal,
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.

Q- For 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:

c. The recovery of the possession of the subject property from defendant

LEONORA 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 Xxx
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, serious
anxiety, besmirched reputation, wounded feelings, moral shock and social
humiliation 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 plaintiffs
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 services
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 DEFENDANTS
EXHIBITS AS PLAINTIFFS COMMON EXHIBITS), dated xxx, 2015, we, by counsel,
manifested to the Court that we were ADOPTING as COMMON EXHIBITS the
following exhibits previously introduced by the defendant 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
affidavit, i.e., TCT No. M-xxx, with submarkings, including the last page entitled
Memorandum of Encumbrances.
2. As Exhs. B to B-4 for the plaintiffs - Exh. 2 to 2-B of the xxx judicial
affidavit, i.e., DEED OF ASSIGNMENT executed by GREGORIA XXX, with
submarkings.

3. As Exh. C to C-3 for the plaintiffs - Exh. 3 to 3-C of the Xxx judicial
affidavit, i.e., TCT NO. M-xxx, with submarkings.

4. As Exh. D to D-1 for the plaintiffs - Exh. 4 to 4-(not legible) of the Xxx
judicial affidavit, i.e., TCT NO. xxx, with submarkings.

5. As Exh. E for the plaintiffs - Exh. 5 of the Xxx judicial affidavit, i.e., DEED
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., DEED
OF ABSOLUTE SALE executed by JOSE MANUEL XXX, consisting of one (1) page.

45. Q What else, if any?

A I hereby introduce, for marking purposes, the following exhibits which were
already attached to the Complaint as Annexes A to JJ thereof.

I ask that they be marked as Exhs. N to XX to correspond to their specific Annex

Markings in the Complaint. To wit:

Annex A in the Complaint, the same to be marked as Exh. N hereof Xxx Resort,
Incorporated Board Resolution No. xxx, series of 2012;

Annex B in the Complaint, the same to be marked as Exh. O hereof TCT No.
xxx in the name of Leonora Xxx;

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

Declaration No. xxx in the name of Leonora Xxx;

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

Certificate of Title No. xxx in the name of Juez Manuel Xxx;

Annex E in the Complaint, the same to be marked as Exh. R hereof - Certificate

of Title No. 4 in the name of Pelagia Xxx;

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

Marriage Contract of Juez Manuel Xxx and Pelagia Xxx;

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

of Death of Juez Manuel Xxx;
Annex H in the Complaint, the same to be marked as Exh. U hereof Certificate
of Death of Pelagia Xxx;

Annex I in the Complaint, the same to be marked as Exh. V hereof - Negative

Certification of Birth of Serafin Xxx;

Annex J in the Complaint, the same to be marked as Exh. W hereof - Affidavit of

Adjudication of Serafin Xxx;

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

Certificate of Live Birth of Yvette Xxx;

Annex BB in the Complaint, the same to be marked as Exh. PP hereof -

Certificate of Death of Jose Manuel Xxx;

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

Certificate of Live Birth of Ken Jefferson Xxx;

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, and
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 xxx 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 sale, 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 unit
of the old xxx Hospital, xxx City, after a serious head injury caused by a vehicular
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
examination by the National Bureau of Investigation (NBI) of all questioned
documents 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 in the
Complaint.

49. Q Why did it take you and your co-plaintiffs more than 30 years before you
filed a case in court against the defendant Xxx to assert your rights in the subject
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 initio and
that the action to nullify it is imprescriptible under the Civil Code and existing
jurisprudence, hence, as far as we are concerned, the defense of laches is
inapplicable.

Nothing Follows.

X x x City, xxx, 2015.

IRENE A. XXX
Affiant/Co-Plaintif
 SUBSCRIBED and sworn to before me in xxx City on xxx ____, 2015, affiant
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. A to Exh. AAA, supra.

V. SWORN ATTESTATION OF THE LAWYER WHO CONDUCTED OR

SUPERVISED THE 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 he asked

and the corresponding answers that the above-named witness gave;

3. Neither he nor any other person then present or assisting him coached the
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.,
Philamlife 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, affiant
showing his/her competent proof of identity, to wit: SSS Member ID No. xxx.
 Notary Public

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 Counsel 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 respective 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.