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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


7TH JUDICIAL REGION
BRANCH 1, CEBU CITY

GREGGY KAHAYAG
Plaintiff,

-versus- CIVIL CASE NO. 123456


FOR: INJUNCTION AND DAMAGES
RUDY PALITO
Respondent.

JUDICIAL AFFIDAVIT

PLAINTIFF, thru counsel, respectfully submits this Judicial


Affidavit and states that:

PRELIMINARY STATEMENT

The person examining me is ATTY. VERNON CRAIG M.


COLASITO with office address at COLASITO & ESBRA LAW OFFICE,
1/F Apple One Building, Cebu Business Park, Cebu City, 6000. The
judicial affidavit is being taken at Colasito & Esbra Law Office.

DIRECT EXAMINATION

Q1. Please state your name, age, residence,


occupation and other personal circumstances.
A.1. I am Reggie Kahayag, forty-one (41) years old, and
residing in Unit 143, Phase 1, Villa del Rio, Brgy. Pit-os,
Cebu City. I am a businessman. I am one of the sons of
Macho and Mutya Kahayag and a brother of Greggy
Kahayag and Jeffrey Kahayag.

Q.2. Are you related to Greggy Kahayag and Jeffrey


Kahayag?
A.2. Yes. I am one of the sons of Macho and Mutya
Kahayag. Greggy Kahayag and Jeffrey Kahayag are my
brothers.

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Q.3. Do you know Sp. Proc. No. 123456?
A.3. Yes. Sp. Proc No. 123456 was a case for the judicial
settlement of the estate of my father, Macho Kahayag. I
was one of the parties in that. My brothers, Greggy
Kahayag and Jeffrey Kahayag, were also parties in that
case.

Q.4. What happened in that case?


A.4. The court rendered a final judgment which Jeffrey very
much disliked. He wanted to have the parcel of land
covered by TCT 123456. This is clear in his Manifestation
and Motion for Reconsideration. Attached herewith are
Jeffrey Kahayags Manifestation in Sp. Proc No. 123456 as
Annex A and his Motion for Reconsideration in Sp. Proc
No. 123456 as Annex B.

Q.5. Why did Jeffrey want to have the parcel of land


covered by TCT 123456?
A.5. He wanted to get a greater share in the estate than me
and Greggy.

Q.6. Did your father ever give that lot to Jeffrey?


A.6. Never. During my fathers life, he retained the
property. He also did not execute a will to give the lot to
Jeffrey.

Q.7. Was the lot conveyed to Jeffrey in any way?


A.7. No. The lot was adjudged in favor of Greggy Kahayag
in Sp. Proc. No. 123456. Since my fathers ownership up
to Greggys, the lot was never conveyed to Jeffrey.

Q.8. Does Jeffrey have any other basis for a claim over
the lot, if any?
A.8. None. He does not participate in the lot in any way.

Q.9. Do you know Rudy Palito?


A.9. No, not before my brother, Greggy, informed me about
this case.

Q.10. Why do you come before this Court?


A.10. I come before this Honorable Court to attest to the
truth of all the foregoing and for the purposes of testifying

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that Rudy Palito does not have any right over the parcel of
land covered by TCT 123456 and that Greggy Kahayag is
the lawful owner of the subject lot.

Nothing follows.
Cebu City, June 17, 2017.

Reggie Kahayag
Affiant

Subscribed and sworn before me in Cebu City on June 17, 2017,


affiant showing his competent proof of identity, to wit: UMID 527293.

Notary Public
Doc. No. __
Page No. __
Book No. __
Series of 2017.

ATTESTATION

The undersigned ATTY. VERNON CRAIG M. COLASITO, of


legal age, married, and with law office address COLASITO & ESBRA
LAW OFFICE, 1/F Apple One Building, Cebu Business Park, Cebu
City, 6000, under oath, deposes and states:

1. He is the Legal Counsel for the plaintiff 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 latters
answers; and
4. He conducted the examination of the witness at her law
office located at COLASITO AND ESBRA LAW
OFFICE, 1/F Apple One Building, Cebu Business Park,
Cebu City, 6000.

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Cebu City, June 17, 2017.

Atty. Vernon Craig M. Colasito


Affiant

Subscribed and sworn before me in Cebu City on June 17, 2017,


affiant showing his/her competent proof of identity, to wit: SSS Member
ID No. 456.

Notary Public

Doc. No. ___


Page No. ___
Book No. ___
Series of 2017.

Copy Furnished:

JK LAW OFFICES
Counsel for Respondent RUDY PALITO
1/F, Skyrise Building 2
Cebu IT Park
Cebu City

EXPLANATION

A copy of this Judicial Affidavit is served on the Counsel for the


Respondent Rudy Palito, via LBC Express Corp. 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.

Atty. Vernon Craig M. Colasito

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