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College of Law
FORCIBLE ENTRY:
Heirs of Luna Araw vs. Manuel Vantes, et. al.
Group 1 Members:
Submitted to:
Judge Maria Eloisa A. Maglana
23 March 2019
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Cast of Characters:
Script Writers:
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(The judge enters the room)
Clerk of Court: All rise. The court is now in session. Honorable Maria Eloisa A. Maglana presiding.
Almighty God, we stand in Your Holy Presence as our Supreme Judge. We humbly beseech You to bless and
inspire us so that what we think, say and do will be in accordance with Your will. Enlighten our minds,
strengthen our spirit and fill our hearts with fraternal love, wisdom and understanding, so that we can become
effective channels of truth, justice and peace. In our proceedings today, guide us in the path of righteousness for
the fulfillment of Your greater glory. Amen.
(everybody sits)
Clerk of Court: Our first case this afternoon is Civil Case No. 14344-19 for Forcible Entry.
Judge: Appearances.
Counsel Plaintiff (CP): Good afternoon, your Honor. I am Atty. Kamille Liza Buhay appearing for the
plaintiff.
Counsel Defendant (CD): Good afternoon, your Honor. I am Atty. Earvin Jay Alparaque appearing for the
defendant.
CP: Yes, your Honor. For the plaintiff’s evidence, we will be presenting two witnesses.
CD: As for the defendant, we will also be presenting two witnesses, your Honor.
CP: Your Honor, our first witness is the plaintiff herself, Sonrisa Araw. Her testimony is
offered to prove that she is the rightful owner and possessor of Lot No. 2911. The
witness expressed her desire to testify in English
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OATH AND DIRECT EXAMINATION OF FIRST WITNESS FOR PLAINTIFF: SONRISA ARAW
Court Interpreter: Please raise your right hand. Do you swear to tell the truth, the whole truth and
nothing but the truth before this Court?
Court Interpreter: State your name, age, residence, civil status, and occupation.
Sonrisa Araw (SA): My name is Sonrisa Araw, 40 years old, an entrepreneur, and I live in Ma-a, Davao
City.
CP: With the permission of the Honorable Court, the purpose of plaintiff’s testimony,
Your Honor, is to identify the Judicial Affidavit which she executed in relation to this
case; and to affirm or confirm the statements contained therein, your Honor, to
identify the documents attached to his Judicial Affidavit..
CP: Ms. Sonrisa Araw, are you the same Sonrisa Araw who is the plaintiff in this instant
case?
CP: Ms. Araw, do you remember executing a judicial affidavit for this case?
CP: I am showing you a document which is entitled as Judicial Affidavit, is this the same
judicial affidavit you executed?
CP: The Witness has positively identified the Judicial Affidavit marked as Exhibit “A”,
this serves as the direct testimony of Ms. ARAW.
CP: The Witness has positively identified his signature in the Judicial Affidavit marked
as Exhibit “A”.
CP: Can you review and confirm the contents of the Judicial Affidavit? Do you wish to
change anything?
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CP: That would be all for the direct examination, your Honor. Witness is now ready for
cross-examination.
CD: You mentioned in your Judicial Affidavit that you purchased the Lot 2199. However, why is it
that the sale is not recorded in the Registry of Deeds?
CP: Objection your honor, the question calls for an answer outside the parol. There is a valid
deed of sale, duly paid for and notarized. This has the presumption of regularity.
PLAINTIFF: We were not aware that the said sale was not registered by our ascendants.
Also, our ancestors were in possession of the property since 1964 and from that year up to
the present, nobody questioned our ownership and possession over the land until the
defendants entered the property.
CP: Objection your honor, this is a leading question suggesting an answer desired by the good
counsel.
PLAINTIFF: Yes sir, we do not have any knowledge of the registration of the subject lot, but when we
checked with the ROD the same was not also registered.
CD: Your Honor we would like to manifest that we put on record that the plaintiff affirmed that
the sale is not registered in the Registry of Deeds.
You mentioned in your judicial affidavit that you confronted Manuel Vantes regarding the
ownership of the same lot did you mention to him that you have in your possession the Deed
of Sale executed by Zoilo Vantes in favor of Luna Araw?
Plaintiff: No sir as I was already trembling in anger the time I made a phonecall to him.
CD: How bout at the time you and the defendant met at the Lupon Tagapamayapa? Did you show
any documents showing or proving to him that indeed you are the owner of the lot?
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Plaintiff: No sir.
CD: Ok, by what means were you able to prove to him somehow that indeed you are the rightful
owners? By what? By word of mouth?
Plaintiff: I just told Manuel Vantes that the Araws are the rightful owners and occupants of the same
lot as it is transferred under a valid deed of sale to Luna Araw.
CD: Without showing any documents you just said that you are the owners?
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OATH AND DIRECT EXAMINATION SECOND WITNESS FOR PLAINTIFF: DEMETRIA PUNO
CP: You’re Honor, we are presenting our second witness in the person of Demetria Puno. Her
testimony is offered to prove that she was present when the allege forcible entry was
committed. The witness expressed beforehand that she will testify in Bisaya.
CLERK: Please raise your right hand. Do you swear to tell the truth, the whole truth and
nothing but the truth before this Court?
DEMETRIA: Oo.
INTERPRETER: I do.
CLERK: State your name, age, residence, civil status, and occupation.
DEMETRIA: Ako si Demetria Puno, 36 anyos, mag-uuma, ug nagpuyo sa Padre Faura Davao City,
minyo.
CP: Ms. Puno, do you remember executing a judicial affidavit for this case?
CP: I am showing you a document which is entitled as Judicial Affidavit, is this the same
judicial affidavit you executed?
CP: The Witness has positively identified the Judicial Affidavit marked as Exhibit “B”,
this serves as the direct testimony of Ms. Puno.
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CP: The Witness has positively identified his signature in the Judicial Affidavit marked as Exhibit
“B-1”.
CP: Can you review and confirm the contents of the Judicial Affidavit? Do you wish to change
anything?
CP: That would be all for the direct examination, your Honor. Witness is now ready for cross-
examination.
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CROSS-EXAMINATION OF DEMETRIA PUNO
CD: Where were you when the defendant entered the property?
DEMETRIA: I was sleeping in my hut when I suddenly woke up to the sound of knocking on my door.
DEMETRIA: They informed me that they will put up fences and tarpaulins in the property because they
were ordered to do so.
CD: What did you do after they informed you about this?
DEMETRIA: I simply agreed and went back to sleep because I thought that the order came from my
employer Sonrisa.
CD: So they ask for your permission peacefully before putting up the structures?
DEMETRIA: Yes.
CP: Your honor, we have no more witnesses to present for today’s hearing.
Judge M: Very well, the defense will now present their witnesses.
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DIRECT EXAMINATION DEFENDANT MANUEL VANTES
CP: Your Honor, we are presenting our first witness for the defense in the person of Manuel
Vantes. His testimony is offered to prove that he is rightful owner and possessor of the
property.
CLERK: Please raise your right hand. Do you swear to tell the truth, the whole truth and
nothing but the truth before this Court?
MANUEL: I do.
CLERK: State your name, age, residence, civil status, and occupation.
MANUEL: I am Manual Vantes, of legal age, married and a resident of Calinan, Davao City,
Philippines.
CD: Mr. Vantes, do you remember executing a judicial affidavit for this case?
CD: The Witness has positively identified the Judicial Affidavit marked as
Exhibit “1”, this serves as the direct testimony of Mr. Vantes.
CD: The Witness has positively identified his signature in the Judicial Affidavit
marked as Exhibit “1”.
CD: Can you review and confirm the contents of the Judicial Affidavit? Do you
wish to change anything?
CD: That would be all for the direct examination, your Honor. Witness is now
ready for cross-examination.
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CD: Yes, your Honor.
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CROSS-EXAMINATION OF MANUEL VANTES
CP: You mentioned in your judicial affidavit that you first visited the property on Dec. 1,
2017, correct?
MANUEL: Yes. I was in Barangay Gumalang to check on the parcel of land. We were planning to
subdivide the land.
DC: Objection your honor, the good counsel is asking questions that are not relevant to
the disposition of the case.
CP: So, from May, 15 1965 to Dec. 1, 2017, what took you so long to visit the property
from the death of Louis Vantes?
CP: Can you tell to this court who were with you abroad during those times?
CP: During the period that you were in abroad, no one took care of that property?
CP: During the period that you were abroad, did anyone took care of the property?
MANUEL: No one.
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CP: You mentioned in your Judicial affidavit as answer to question # 21 that the land
was occupied by the other descendants of Luis Vantes from time to time yet you are
telling this court that no one occupied the lot during those time you were abroad.
Can you please explain further?
Manuel: When I made a phone call to my relatives here in the Philippines, I asked them about
the situation of the land. They sent to me photographs in the subject land.
CP: Is the photographs you are referring to are the same photographs attached in your
judicial affidavit?
Manuel: Yes
CP: So you are saying that you were just told by the other relatives of Luis Vantes about
the current situation of the land and by sending you photographs of the land?
Manuel: Yes
CP: So your knowledge about the current situation of the land was based on what was
told to you by the other relatives of Luis Vantes and on the photographs they sent
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you? You do not have any personal knowledge about the current situation of the
subject lot?
Manuel: Yes
CP: When you entered the property, did you notice any structure in the area same as
those structures in the photographs attached in your judicial affidavit?
MANUEL: No Ma’am.
CP: What was in the area when you visited? Why did you say that it was different from
the photographs sent to you?
Manuel: I saw a hut in the area, the photographs sent to me has three houses in it built in
lightweight materials.
CP: You are saying that they are substantially different structures?
MANUEL: Yes.
CP: So were you not surprised that there was an inhabited hut in the area when you
previously mentioned that no one is taking care of the property from 1965 to 2017?
CD: objection your honor, the question propounded by the counsel is a misleading
question, as it is contrary to what the witness said in his judicial affidavit. The land
was occupied by the other heirs of Luis Vantes from 1965 to 2017.
(judge, either she will overrule kasi cross examination or she will rule on the objection and will not
allow rephrasing of the question)
(IF OVER-RULED)
MANUEL: Yes, I was. So I told one of my workers to inform the occupant of the hut that we will
be building fences around the property, put up a tarpaulin and harvest coconuts.
CP: At the time you saw the occupants of the Hut, can you identify them as one of the
relatives of Luis Vantes?
Manuel: No.
CP: Have you not asked the occupants themselves why and how were they able to
occupy the lot and who were they?
MANUEL: No, as I assumed that they are care takers left by the other heirs of Luis Vantes.
CP: So you are saying that you’re first visit is on December 01, 2017 and you already
brought with you tarpaulins, hammers, and harvested coconuts, correct?
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MANUEL: Yes.
CP: And all this was done in the early morning of 5, correct?
MANUEL: Yes.
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DIRECT EXAMINATION OF ROD JUNE CEBALLOS
CP: Your Honor, we are presenting our second witness in the person of Miles Buhay, the Register
of Deeds. Her testimony is offered to prove no record sale is annotated in the title of Lot
2199.
CLERK: Please raise your right hand. Do you swear to tell the truth, the whole truth and
nothing but the truth before this Court?
MILES: I do.
CLERK: State your name, age, residence, civil status, and occupation.
MILES: I am Jerson JM, 52 years old, married, and residing at Km. 3 Hospital Road,
Buhangin, Davao City. I am engaged in trucking business.
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DIRECT EXAMINATION OF MILES BUHAY
CD: Ms. Buhay, do you remember executing a judicial affidavit for this case?
CD: The Witness has positively identified the Judicial Affidavit marked as
Exhibit “A”, this serves as the direct testimony of Ms. ARAW.
CD: The Witness has positively identified his signature in the Judicial Affidavit
marked as Exhibit “A”.
CD: Can you review and confirm the contents of the Judicial Affidavit? Do you
wish to change anything?
CD: That would be all for the direct examination, your Honor. Witness is now
ready for cross-examination.
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JUDGE: Is there any cross?
JUDGE: Let it be noted that the defense has rested its case, and trial is now terminated. The
case is now submitted for decision. Parties shall be notified as to the date of the
promulgation of judgment. So ordered.
PROMULGATION OF JUDGMENT
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