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,

[if !supportLists]- [endif]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)

[if !supportLists]I. [endif]PRELIMINARY INFORMATION.

A NAME AND OTHER PERSONAL CIRCUMSTANCES OF THE

WITNESS.

Name : IRENE xxx

Age : xxx;
Address : xxx St., xxx, Rizal;
Occupation : Housewife;
Language : English and Tagalog.

B 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.

[if !supportLists]II. [endif]OFFER.

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

the:
[if !supportLists]1. [endif]The identity of the real property subject
matter of this case;

[if !supportLists]2. [endif]The questioned land title in the name of the

defendant covering the subject property;

[if !supportLists]3. [endif]The antecedent land titles of the questioned

land title of the defendant;

[if !supportLists]4. [endif]The legal history of the antecedent and the

current/questioned land titles;

[if !supportLists]5. [endif]The identities of the legal heirs/plaintiffs

claiming the subject property;

[if !supportLists]6. [endif]The identities of the predecesors-in-

interest/decedents of the said legal heirs/plaintiffs;

[if !supportLists]7. [endif]The legal bases for the claim/prayers of the

plaintiffs.

[if !supportLists]III. [endif]JUDICIAL AFFIDAVIT PROPER.

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

1 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.

2 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.

3 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:

Unit 15, Star Arcade, C.V. Starr Ave., Philamlife Village,

Las Pinas City 1740.

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

A– This judicial affidavit is prepared in English.

But I prefer that my cross examination be conducted in

Tagalog for my convenience and for clarity.

5 Q – Do you undertake to answer the questions to be asked of you, fully

conscious that you will do so under oath, and that you may face
criminal liability for false testimony or perjury?
A -Yes.

[if !supportLists]6. [endif]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:

[if !supportLists]a. [endif]Josefina Xxx and

[if !supportLists]b. [endif]The children of Jose Manuel Xxx, namely:

[if !supportLists] i. [endif]Ken

Jefferson Xxx,
[if !supportLists] ii. [endif]Kate
Jennelyn Xxx,
[if !supportLists] iii. [endif]Katty Jane
Xxx, and
[if !supportLists] iv. [endif]Kris
Jennifer Xxx?

A – Yes. They are relatives of mine.

[if !supportLists]7. [endif]Q – Do you the plaintiffs “Heirs of (the

deceased) Sps. Luz
Xxx-Xxx and Serafin Xxx”, namely:

[if !supportLists]a. [endif]Irene Xxx Xxx and

[if !supportLists]b. [endif]Yvette O. Xxx?

A- Yes.

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

[if !supportLists]8. [endif]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 case.

[if !supportLists]9. [endif]Q - Do you know the defendant in this

case, LEONORA
XXX?

A – 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).

[if !supportLists]10. [endif]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:

[if !supportLists]a. [endif]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, Rizal (“subject
property”);

[if !supportLists]b. [endif]Accion Reivindicatoria or recovery of the

ownership of the subject property from defendant XXX and persons
acting under her authority in favor of XXX RESORT as the BUYER of
the subject property from the plaintiffs;

[if !supportLists]c. [endif]Recovery of the possession of the subject

property from defendant XXX and persons acting under her authority in
favor of XXX RESORT as the BUYER of the subject property from the
plaintiffs;

[if !supportLists]d. [endif]DAMAGES based on the provisions

of ABUSE OF RIGHT (pursuant to Articles 19 and 20 of the Civil Code)
and TORT or QUASI DELICT and TORT/DAMAGES (pursuant to
Article 2176 and the damages provisions of the Civil Code).

[if !supportLists]11. [endif]Q - Are you familiar with the real property
subject matter of this
case?

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

located and I always visit the subject property.

[if !supportLists]12. [endif]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 assessed value of Pxxx.

It has an area of xxx SQUARE METERS, more or less.

[if !supportLists]13. [endif]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 investigation by my husband, Jose J. Xxx, and the
lawyers for the plaintiffs, the Laserna Cueva-Mercader Law Offices.

[if !supportLists]14. [endif]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 Title No. xxx by the Register of Deeds of the Province of
Rizal, pursuant to a Sales Patent No. xxx issued xxx, 1927, located in
Xxx, Rizal with an area of fifteen (15) hectares.

[if !supportLists]15. [endif]Q – Who was the wife of Juez Manuel Xxx?

A– 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.

[if !supportLists]16. [endif] Q – What is the relation of Pelagia Xxx to

the subject
property?

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 with an area of xxx hectares.

The property formed part of her conjugal partnership with her husband,
the deceased Juez Manuel Xxx.

[if !supportLists]17. [endif]Q – When did Juez Manuel Xxx die?

A – Juez Manuel Xxx died on xxx, 1949.

[if !supportLists]18. [endif]Q – When did Pelagia Xxx die?

A- Pelagia Xxx died on xxx, 1957.

[if !supportLists]19. [endif]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 Xxx and Pelagia Xxx, Serafin Xxx inherited the
abovementioned parcels of land owned by his deceased parents.

[if !supportLists]20. [endif]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.

[if !supportLists]21. [endif]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 the name o Serafin Xxx.

[if !supportLists]22. [endif] Q – Do you know the wife of Serafin Xxx?

A– Yes. Serafin Xxx married Luz Xxx on xxx, 1952 in Cardona, Rizal.
[if !supportLists]23. [endif]Q - When did Serafin Xxx die?

A - Serafin Xxx died on xxx, 1958.

[if !supportLists]24. [endif]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.

[if !supportLists]25. [endif]Q – How did the legal heirs of the deceased
Serafin Xxx
partition his estate?

A– The parcel of land covered by TCT No. xxx

registered in the name of Serafin Xxx, married to Luz Xxx, with an area
of xxx square meters, was subsequently divided into three parcels, with
separate three (3) titles, in the names of Luz Vda De Xxx – 1/3; Josefina
Xxx – 1/3; and Jose Manuel Xxx – 1/3, to wit:

[if !supportLists]a. [endif]Luz Vda. De Xxx - TCT No. xxx with an area
of xxx square meters (representing her conjugal share plus her legitime
from the estate of her deceased husband Serafin Xxx);

[if !supportLists]b. [endif]Josefina Xxx - TCT No. xxx with an area of

xxx square meters (representing her legitime from the estate of her
deceased father Sarafin Xxx); and

[if !supportLists]c. [endif]Jose Manuel Xxx - TCT No. xxx with an area
of xxx square meters (representing 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.

[if !supportLists]26. [endif]Q - Are you familiar with the parcel of land
covered TCT No. xxx in the name of Luz Vda. De Xxx, the widow of
Serafin Xxx?

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 Si-xxx, LRC (GLRO) Rec. No. (Sales Patent), situated in the Barrio
of Balimbing, Municipality of Xxx, Province of Rizal, with an area of xxx
SQUARE METERS, more or less.

[if !supportLists]27. [endif]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 when 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.

[if !supportLists]28. [endif]Q - Do you know the deceased Gregoria Xxx?

A- Yes. Gregoria Xxx Xxx was an aunt of Josefina
Xxx and Jose Manuel Xxx.

[if !supportLists]29. [endif]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:

[if !supportLists]a. [endif]Deed of Absolute Sale, dated xxx, 1974,

allegedly executed by Luz Xxx Vda De Xxx in favor of Gregoria Xxx Xxx
for Pxxx covering her one-third share on the parcel of land covered by
TCT No. xxx.

[if !supportLists]b. [endif]Deed of Absolute Sale, dated xxx, 1977,

allegedly executed by Josefina Xxx in favor of Gregoria Xxx Xxx for
Pxxx covering her one-third share on the parcel of land covered by TCT
No. xxx.

[if !supportLists]c. [endif]Deed of Absolute Sale, dated xxx, 1979,

allegedly executed by Jose Manuel Xxx in favor of Gregoria Xxx Xxx for
Pxxx covering his one-third share on the parcel of land covered by TCT
No. xxx.

[if !supportLists]30. [endif]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:

[if !supportLists]a. [endif]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 lack of consent.

[if !supportLists]b. [endif]Moreover, the alleged consideration of Pxxx

for the sale of the 1/3 share 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 INEFFECTIVE for lack of consideration.

[if !supportLists]c. [endif]The alleged signature of Jose Manuel Xxx on

the alleged Deed of Absolute 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 lack of consent.

[if !supportLists]d. [endif]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 INEFFECTIVE for lack of consideration.

[if !supportLists]e. [endif]The signature of Josefina Xxx on the Deed of

Absolute Sale, dated xxx, 1977 WAS NOT VOLUNTARILY AFFIXED by
her as she was INFLUENCED (and was not in a position 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 lack of consent.

[if !supportLists]f. [endif]Moreover, the alleged consideration of Pxxx

for the sale of the 1/3 share of Josefina 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 INEFFECTIVE for lack of consideration.

[if !supportLists]31. [endif]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.

[if !supportLists]32. [endif]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.

[if !supportLists]33. [endif]Q- Did Luz Xxx Vda Xxx (Luz Xxx) remarry?

[if !supportLists]A- [endif]Yes. She entered into a second marriage with

Serafin Xxx on xxx, 1960.

[if !supportLists]34. [endif]Q - Did the Sps. Luz Xxx and Serafin Xxx
have
children?

A– Yes. They had two (2) children, namely, myself, Irene O.

Xxx, married to Jose J. Xxx, and my sister Yvette O.
Xxx.
[if !supportLists]35. [endif]Q - Where is Jose Manuel Xxx now?

A – He died on xxx, 1989.

[if !supportLists]36. [endif]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.

[if !supportLists]37. [endif]Q – Where is Luz Xxx-Xxx (Luz Vda. De Xxx)

now:

A – She died on xxx, 1991.

[if !supportLists]38. [endif]Q – Who were the legal heirs of Luz Xxx-Xxx
(Luz Vda. De Xxx)?

[if !supportLists]A. [endif]He legal heirs were the following:

[if !supportLists]a. [endif]Her second husband Serafin Xxx;

[if !supportLists]b. [endif]Her children and grand children from her

first marriage:

b.1. Josefina Xxx; and

b.2. The children of Jose Manuel Xxx:

[if !supportLists] [endif]Ken Jefferson Xxx;

[if !supportLists] [endif]Kate Jennelyn Xxx;
[if !supportLists] [endif]Katty Jane Xxx; and
[if !supportLists] [endif]Kris Jennifer Xxx.

[if !supportLists]c. [endif]Her children from her second marriage:

Myself, Irene Xxx-Xxx; and Yvette Xxx.

[if !supportLists]39. [endif]Q – Where is Serafin Xxx (second husband of

the widow Luz Xxx-Xxx [Luz Vda. De Xxx])now?

A – He died on xxx, 2008.

[if !supportLists]40. [endif]Q- Who are his legal heirs?

A - The surviving legal heirs of the deceased Sps. Serafin Xxx and the
deceased Luz Xxx are:

[if !supportLists]a. [endif]Josefina Xxx;

[if !supportLists]b. [endif]The children of Jose Manuel Xxx; and
[if !supportLists]c. [endif]The surviving legal heirs of the Sps. Luz Xxx
and Serafin Xxx, i.e., myself Irene Xxx-Xxx and my sister Yvette Xxx.
[if !supportLists]41. [endif]Q -What is your computation of the shares of
the plaintiffs from the subject property?

A – Their shares are as follows:

[if !supportLists]a. [endif]Josefina Xxx - xxx square meters;

[if !supportLists]b. [endif]Children of Jose Manuel Xxx, sharing

equally among them:

[if !supportLists] [endif]Ken Jefferson Xxx,

[if !supportLists] [endif]Kate Jennelyn Xxx,
[if !supportLists] [endif]Katty Jane Xxx, and
[if !supportLists] [endif]Kris Jennifer Xxx

- xxx square meters;

[if !supportLists]c. [endif]Irene Xxx-Xxx - xxx square meters;

[if !supportLists]d. [endif]Yvette Xxx - xxx square meters.

The total of the above sharing is xxx square meters.

[if !supportLists]42. [endif]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 deed, the plaintiffs have also executed a special power
of attorney in favor of xxx Xxx and the lawyers for the
plaintiffs, Atty. Manuel Laserna Jr. and/or Atty. Myrna
Mercader to represent them in all stages of this case.

[if !supportLists]43. [endif]Q – What reliefs do you seek from the Court?

A – We seek the following reliefs:

[if !supportLists]a. [endif]The annulment of TCT No. xxx registered in

the name of defendant LEONORA XXX.

[if !supportLists]b. [endif]The recovery of the ownership (accion

reinvindicatoria) of the subject property from defendant LEONORA
XXX (and those acting under her authority) in favor of co-plaintiff XXX
RESORT, INC. as the BUYER of the subject property from the plaintiffs
Heirs of Sps. Serafin Xxx and Luz Xxx-Xxx.

[if !supportLists]c. [endif]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.

[if !supportLists]d. [endif]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.

[if !supportLists]44. [endif]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 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.

[if !supportLists]1. [endif]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.

[if !supportLists]2. [endif]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.

[if !supportLists]3. [endif]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.

[if !supportLists]4. [endif]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.

[if !supportLists]5. [endif]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.

[if !supportLists]6. [endif]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.

[if !supportLists]7. [endif]As Exh. “G” for the plaintiffs - Exh. “7” of the
Xxx judicial affidavit, i.e., DEED OF ABSOLUYE SALE executed by
JOSEFINA XXX, consisting of one (1) page.

[if !supportLists]8. [endif]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, consisting of one (1) page.

[if !supportLists]9. [endif]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, consisting of one (1) page.

[if !supportLists]10. [endif]As Exh. “J” for the plaintiffs - Exh. “10” of the
Xxx judicial affidavit, i.e., CERTIFICATION dated xxx, 2014, of the
National Archives of the Philippines, consisting of one (1) page.

[if !supportLists]11. [endif]As Exh. “K” to “K-11” for the plaintiffs - Exh.
“16” to “16-FF” of the Xxx judicial affidavit, i.e., VARIOUS OFFICIAL
RECEIPTS FOR PAYMENTS OF LOCAL REAL ESTATE TAXES issued
to Defendant LEONORA V. XXX (marked as Exhs. “16” to “16-Z” for the
Defense) and issued to xxx DEV. CORP. (marked as Exhs. “16-AA” to
“16-FF” for the Defense).

[if !supportLists]12. [endif]As Exh. “L” to “L-1” for the plaintiffs - Exh.
“16-GG” to “16-JJ” of the Xxx judicial affidavit, i.e., TAX
DECLARATION NO. xxx (Exh. “16-GG”, etc.) and TAX DECLARATION
NO. xxx (Exh. “16-II”, etc.), consisting of two (2) pages.

[if !supportLists]13. [endif] As Exh. “M” for the plaintiffs - Exh. “19” of the
Xxx judicial affidavit, i.e., topographical map showing the location of
LOT NO. 1 (LRC) PSD – xxx, A (area) = xxx sq. m., M-xxx.

X x x.”

[if !supportLists]45. [endif]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 “K” in the Complaint, the same to be marked as Exh. “X”

hereof – Notarial page of the Notarial Book of Notary Public xxx;

Annex “L” in the Complaint, the same to be marked as Exh. “Y” hereof –
TCT No. xxx in the name of Serafin Xxx;

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

hereof – Marriage Contract between Serafin Xxx and Luz Xxx;

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

“AA” hereof – Certificate of Death of Serafin Xxx;

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

hereof – Certificate of Birth of Josefina Xxx;

Annex “P” in the Complaint, the same to be marked as Exh. “CC” hereof
– Certificate of Live Birth of Jose Manuel Xxx;

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

hereof – TCT No. xxx in the name of Luz Vda De Xxx, Josefina Xxx and
Jose Manuel Xxx;

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

hereof – TCT No. xxx196257 in the name of Luz Vda De Xxx, Josefina
Xxx and Jose Manuel Xxx;

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

hereof – TCT No. xxx in the name of Luz Vda De Xxx, Josefina Xxx
and Jose Manuel Xxx;

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

hereof – Plan of Subdivision Survey for Serafin Xxx for Si-xxx,
described in TCT No. xxx;

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

hereof – Alleged Deed of Absolute Sale of Luz Xxx, dated May 25, 1974,
allegedly in favor of Gregoria Xxx;

Annex “V” in the Complaint, the same to be marked as Exh. “II” hereof -
Alleged Deed of Absolute Sale of Josefina Xxx, dated xxx, 1977,
allegedly in favor of Gregoria 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 Gregoria Y. Xxx;

Annex “X” in the Complaint, the same to be marked as Exh. “KK”

hereof – TCT No. xxx in the name of Gregoria Y. Xxx;

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

hereof - Marriage Contract between Luz Xxx and Serafin Xxx;

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

hereof – Certificate of Live Birth of Irene 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;

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

hereof – Certificate of Live Birth of Kate Jennelyn Xxx;

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

hereof – Certificate of Live Birth of Katty Jane Xxx;

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

“TT” hereof – Certificate of Live Birth of Kris Jennifer Xxx;

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

hereof – Negative Certification of Death of Luz Xxx-Xxx;

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

hereof – Negative Certification of Death of Serafin Xxx;

Annex “II” in the Complaint, the same to be marked as Exh. “WW”

hereof - Deed of Extrajudicial Partition; with Deed of Absolute Sale;
Waiver of Rights; and Special Power of Attorney; dated xxx, 2012;
between the Heirs of Sps. Serafin Xxx and Heirs of Luz Xxx and Serafin
Xxx.

Annex “JJ” in the Complaint, the same to be marked as Exh. “XX”

hereof - SPA of Josefina Xxx and Jose Xxx, as attorneys-in-fact of the
above-named “lead plaintiffs”.

[if !supportLists]46. [endif]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:

[if !supportLists]a) [endif]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.

[if !supportLists]b) [endif]Exh. “ZZ” – “Kasulatan Ng Sanglaan”, dated

xxx 1960, executed by Luz Xxx.

It shows the true signature of Luz Xxx.

[if !supportLists]c) [endif]Exh. “AAA” – “Signature of Jose Manuel Xxx

on his Catholic Cursillo prayer guide called “Gabay Ng Manglalakbay”,
c. 1980s.

[if !supportLists]d) [endif]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.

[if !supportLists]47. [endif]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.

[if !supportLists]48. [endif]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.

[if !supportLists]49. [endif]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-Plaintiff

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.

[if !supportLists]IV. [endif]EXHIBITS ATTACHED TO THE

JUDICIAL AFFIDAVIT.

[if !supportLists] [endif]Exh. “A” to Exh. “AAA”, supra.

[if !supportLists]V. [endif]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:

[if !supportLists]1. [endif]He is the Legal Counsel for the plaintiffs in

the above-entitled case;

[if !supportLists]2. [endif]He faithfully recorded or caused to be rec

orded the questions he asked and the
corresponding answers that the above-named witness gave;

[if !supportLists]3. [endif]Neither he nor any other person then present

or assisting him coached the witness regarding the latter's answers; and

[if !supportLists]4. [endif]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.