REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
QUEZON CITY, BRANCH 100

CHONA SANTOS-MACADANGDANG,
Petitioner,

- versus - CIVIL CASE NO. R-QZN-17-12506

For: Annulment of Deed of Sale and
TCT with Nos. RT-8682 (26426) and
RT-44697

SPS. ARACELI SANTOS-BANIQUED,

ERNESTO BANIQUED AND THE
REGISTRY OF DEEDS,
Respondents.
x-------------------------------------------------------x

JUDICIAL AFFIDAVIT
OF ERNESTO BANIQUED

I, ERNESTO BANIQUED, of legal age, businessman, residing

at 5388 Countryview Drive, Richmond, California, U.S.A. 94803,
depose and state that my direct examination was conducted by
ATTY. VICENTE C. CRUZ at his office at 003 M. H. del Pilar St.
Parang, Marikina City while I was in my residence in the United
States, through electronic gadget using Facetime, that I am
answering the following questions fully aware that I do so under
oath, and that I may face criminal liability for false testimony or
perjury.

1. Q. Are you the same Ernesto Baniqued, one of the

respondents in this case?
A. Yes sir.

2. Q. Do you know the petitioner Chona Macadangdang?

A. She is my sister-in-law, Sir.

3. Q. What is your citizenship?

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 A. I have dual citizenship, Filipino and American.

4. Q. Do you have proof that you are a Filipino citizen?

A. Yes sir, I have a photocopy of my Identification Certificate

issued by the Philippine Consulate in San Francisco,
California.

5. Q. I am marking the photocopy of this Identification

Certificate as Exhibit “11” and attaching it to your
judicial affidavit to form part of it, do you confirm my
action?

A. Yes Sir.

6. Q. Where is the original copy of this Identification Certificate?

A. It is with me for safekeeping.

7. Q. Do you warrant that the photocopy of your Identification

Certificate as Filipino citizen attached to your judicial
affidavit is a faithful reproduction of the original?

A. Yes sir.

8. Q. Your sister-in-law claimed in her petition that the title

of the two lots subject matter of this case are with you
and your wife Araceli Baniqued, what do you say to this
allegation?

A. The truth is that my parents-in-law Cesar Santos and

Lourdes Santos sold to my wife three (3) parcels of land,
two of which are covered by those titles in 2007.

9. Q. Do you have proof of sale of these properties?

A. Yes sir. I have the photocopies of the three (3) notarized

Deeds of Absolute Sale consisting of about six (6) to
seven (7) pages each including the Notarization and
Authentication for the subject property executed by my
parents-in-law spouses Cesar Santos and Lourdes
Santos in my wife’s favor. Two of those deeds of sale are
attached to the amended petition as Annexes “D” and
“E”.

10. Q. I am marking these Deeds of Sale as Exhibits “2”, “3”,

and “4” and attaching them to your judicial affidavit to
form part of it, do you confirm my action?

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 A. Yes Sir.

11. Q. Do you warrant that the photocopy of those deeds of sale

are faithful reproduction of the original?

A. Yes sir.

12. Q. Where and when were these Deed of Absolute Sale

executed?

A. In the United States of America, particularly in

Richmond, California on April 30, 2007.

13. Q. Why were your parents-in-law in the United States of

America then?

A. They were on vacation then thru our invitation.

14. Q. There are signatures which I hereby mark as Exh. “2-A”,

“2-B”, “3-A”, “3-B”, “4-A”, and “4-B” on these Deeds of
Absolute Sale atop the typewritten name Cesar G. Santos
and Lourdes G. Santos, respectively, whose signatures
are they?
A. They are the signatures of my parents-in-law.

15. Q. How did you know they are the signatures of your parents-
in-law?

A. I was present when they signed the documents.

16. Q. There are signatures in these Deeds of Absolute Sale

atop the name Araceli S. Baniqued which I hereby
mark as Exhibits “2-C”, “3-C”, and “4-C”, whose
signatures are these?

A. My wife, sir.

17. Q. There are also signatures on these deeds of sale which I

hereby mark as Exh. “2-D”, “3-D”, and “4-D”, atop the
name Ernesto Baniqued and two other signatures which I
hereby mark as Exh. “2-E”, “3-E”, “4-E”, “2-F”, “3-F”, and
“4-F” below the printed words SIGNED IN THE
PRESENCE OF, whose signatures are these?
A. The signature above the name Ernesto Baniqued is my
signature (Exhs. “2-D”, “3-D”, “4-D”) and the other
signatures are that of our witnesses Luz Fernandez

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 (Exhibits “2-E”,“3-E”,“4-E”), and Conrad Viceral (Exhibits
“2-F”, ”3-F”, “4-F”)

18. Q. How did you know they are the signatures of your wife
and that of Luz Fernandez and Conrad Viceral?

A. I was present when they signed the three (3) Deeds of

Absolute Sale.

19. Q. After signing these documents, what if any did you do?

A. We had them notarized by Notary Public Rudy Fernandez

and later had them authenticated before the Office of the
Consulate General of the Philippines in San Francisco,
California.

20. Q. Do you have proof of such notarization and

authentication?

A. Yes sir, they are attached to the Deed of Absolute Sale.

21. Q. I am showing to you from these Deeds of Sale this

Notarization of Rudy L. Fernandez which I hereby mark as
Exh. “2-G”, “3-G”, “4-G” and “2-H”, “3-H”, “4-H”, and
Authentication which I hereby mark as “2-J”, “3-J”, “4-J” of
Consul Reginald S. Bernabe, are these the Notarization and
Authentication that you are referring to?
A. Yes sir.

22. Q. Do you have proof that Rudy L. Fernandez was duly

commissioned as Notary Public and authorized to
notarize the said Deeds of Absolute Sale on the subject
dates?

A. Yes Sir, I have the Certificates by the County Clerk of the

County of Contra Costa, State Of California certifying
that Rudy Fernandez was duly commissioned as Notary
Public and authorized to acknowledge the subject deeds
of sale on pertinent dates.

23. Q. I am showing to you from these Deeds of Sale these

Certificates by the County Clerk of the County of Contra
Costa, State Of California certifying that Rudy Fernandez
was duly commissioned as Notary Public and authorized
to acknowledge the subject deeds of sale on pertinent
dates, which certificates I hereby mark as Exhibits “2-I”,

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 “3-I”, “4-I”, are these the Certificates that you are
referring to?

A. Yes Sir.

24. Q. Why were the Deeds Of Absolute Sale renotarized by

Notary Public Public Rudy Fernandez on May 15, 2013
when they were already notarized by him on April 30,
2007?

A. That was an act of validation of the documents required

by the Philippine Consulate General Office for
Authentication.

25. Q. I noticed that the three (3) Deed of Absolute Sale for the
three (3) parcels of land were authenticated only on May
23, 2013, why did you have the documents authenticated
only on May 23, 2013?

A. We were required by the Office of the Register Of Deeds of

Quezon City to have them authenticated when we
decided to transfer the titles in our name in 2013.

26. Q. Your sister Chona Macadangdang has filed a petition to

declare two of the abovementioned deeds of absolute sale
and the two (2) titles issued by the Registry of Deeds of
Quezon City as a result of the said sale, what can you
say about this?

A. My sister-in-law Chona Macadangdang have no right to

ask the said relief because we are already the lawful
owner thereof by virtue of the Deeds of Absolute Sale
validly executed by my parents-in-law in our favor.

27. Q. You presented three (3) deeds of absolute sale executed by

your parents-in-law Cesar Santos and Lourdes Santos as
proof of your ownership over the three (3) parcels of land
mentioned in the said deeds, please tell us the cause or
consideration for the execution of those deeds of absolute
sale by your parents-in-law in your wife’s favor.

A. My parents-in-law executed the said deeds of sale in

favor of my wife in consideration for all the monies that
my wife had given them to build the improvement at the
lot located at 124 Judge Juan Luna St., San Francisco
del Monte, Quezon City covered by TCT No. 44697
(155063) for the monies that my wife gave them in saving
from foreclosure action by mortgagee banks their family

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 home at 22 Zamora cor. 72 Tolentino St. and for all the
monies that my wife had given them every month from
January 1, 1976 until April 30, 2007.

28. Q. Do you have proof that your parents-in-law indeed

executed the said deeds of sale because of the reasons
that you have just stated?

A. Yes sir, I have with me a copy of a notarized Declaration

of my parents-in-law Cesar Santos and Lourdes Santos
stating all the reasons or consideration I mentioned on
why they hand over to us the three (3) titles at 22
Zamora, 72 Tolentino and 124 Judge Juan Luna and
why they executed the deeds of sale I presented.

29. Q. I am marking such Declaration as Exhibit “5”,

and attaching the same to your judicial affidavit to form
part of it, do you confirm my action?

A. Yes Sir.

30. Q. Where is the original copy of this Declaration?

A. It is with me for safekeeping.

31. Q. Do you warrant that the photocopy of this Declaration

is a faithful reproduction of the original?

A. Yes sir.

32. Q. Could you point to me in this Declaration of your

parents-in-law the reasons or cause why your parents-in-
law sold to you the properties subject matter of this case?

A. It’s in the first two sentences of the Declaration.

33. Q. I’m showing to you the first two sentences of your

parents-in-law’s Declaration which I hereby bracket and
mark as Exh. “5- A”, and which says and I quote:

“That as of this date, 4/30/2007 we herein hand 3

transfer certificate titles for 22 Zamora, 72 Tolentino and
124 Judge Juan Luna to our daughter Araceli Baniqued.

This is being done to compensate her of all the monies

that she has given us to build 124 Judge Juan Luna, for
the monies that she has given us in saving our home 22
Zamora cor. Tolentino from foreclosure action and for

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 all the monies that she has given us every month from
January 1, 1976 to now. (April 30, 2007).”
Is this the specific portion that you are referring to as the
cause or consideration for the sale of your parents-in-
laws’ properties in your favor?

A. Yes sir.

34. Q. Where and when was this Declaration executed by your

parents-in-law?

A. In the United States of America, particularly in

Richmond, California on April 30, 2007.

35. Q. Why were your parents-in-law in the United States then?

A. They were on vacation thru our invitation.

36. Q. There is a signature in this Declaration atop the

typewritten name Cesar Santos which I hereby mark as
Exhibit “5-B”, whose signature is this?

A. That is the signature of my father-in-law Cesar Santos.

37. Q. How did you know that it is the signature of your

Father-in-law,
A. I was present when he signed the document.

38. Q. There is another signature in this Declaration atop the

name Lourdes Santos which I hereby mark as Exhibit
“5-C”, whose signature is this?

A. That is the signature of my mother-in-law Lourdes

Santos.

39. Q. How did you know that it is the signature of your mother-
in-law Lourdes Santos, I was present when she signed
the Declaration.

40. Q. After the Declaration was signed by your parents, what,

if any, did you do?

A. We had it notarized by Notary Public Rudy L. Fernandez.

41. Q. I am showing to you from this Declaration the

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 notarization or Acknowledgment of Notary Public Rudy L.
Fernandez which I hereby mark as Exhibit “5-D”, is this
the notarization you are referring to?

A. Yes sir.

42. Q. There is a signature at the bottom portion of this

Declaration atop the name Rudy L. Fernandez, Notary
Public which I hereby mark as Exhibit “5-E”, do you
recognize this signature?

A. Yes sir, that is the signature of Notary Public Rudy L.

Fernandez.

43. Q. How did you know that it is the signature of Notary

Public Rudy Fernandez?

A. I was present when he affixed his signature.

44. Q. It is mentioned in the Declaration of Cesar Santos and

Lourdes that your wife save their ancestral home at 22
Zamora cor. Tolentino St. from foreclosure action, why
did your wife save their home from foreclosure action, if
you know?

A. The property at 22 Zamora cor. Tolentino Sts. was

mortgaged by my parents-in-law at Metrobank and Phil.
Trust Co. to secure or guarantee loan obligations
obtained by my parents-in-law from 1974 to 1986 and
my wife paid the loan to these banks because she does
not want to lose that property.

45. Q. Do you have proof that your father-in-law mortgaged the

Property at Metrobank and Phil. Trust Co. to guarantee
certain loan obligations?

A. Yes sir, it is annotated at the back of TCT No. RT-8682

(26426) and TCT No. RT-8683 (182123).

46. Q. I am showing to you TCT No. RT-8682 (26426) and

and TCT No. RT-8683 (102123), are these the same TCT
No. RT-8682 (26426) and TCT No. RT-8683 (102123) that
you are referring to?

A. Yes sir.

47. Q. I am marking these titles as Exhibits “6”, and “7” and

attaching them to your judicial affidavit to form part of it.
Do you confirm my action?
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 A. Yes Sir.

48. Q. Do you warrant that the photocopy of those titles

are faithful reproduction of the original?

A. Yes sir.

49. Q. There is an annotation of mortgage at Metrobank under

Entry No. 516/T-26426 in TCT No. 8682 (26426) which I
hereby mark as Exhibit “6-A” and annotations of
mortgage at Phil. Trust Co. in TCT-RT 8683 (102123)
under Entry No. 7526/T-102123 which I hereby mark as
Exhibit “7-A”, Entry No. 8154/T-102123, and Entry No.
2628/T-102123 which I hereby mark as Exhibits “7-B”
and “7-C”, respectively, are these the annotations of
mortgage that you are referring to?

A. Yes sir.

50. Q. You said that your wife paid your parents-in-law’s

loan at Metrobank and Phil. Trust Co., do you have proof
that your wife indeed paid the loan of your parents-in-law
with Metrobank and Phil. Trust Co.?

A. Yes sir, aside from my parents-in-laws’ Declaration there

is the annotation of Cancellation of Mortgage on the
titles.

51. Q. There is an annotation of Cancellation of Mortgage in

TCT No. 8682 (26426) under Entry No. 2885 which I
hereby mark as Exh. “6-B” and annotation of
Cancellation of Mortgage under Entry No. 2989 which I
hereby mark as Exh. “7-D” in TCT 8683 (102123) are
these the annotations you are referring to?

A. Yes sir.

52. Q. Your parents-in-laws’ Declaration also states that

your wife gave your parents-in-laws money every month
from January 1, 1976 to April 30, 2007, how much in
total have you sent them?

A. About THREE HUNDRED SIXTY THOUSAND U.S.

DOLLARS ($360,000.00) at ONE THOUSAND U.S.
DOLLARS ($1,000.00) per month for 360 months from
1976 to 2007.

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53. Q. How did yor wife send these money to your parents-in-
laws, if you know?

A. She sent them through checks, debit cards, savings

account, and telegraphic transfers.

54. Q. Do you have proof that your wife did, in fact, send
money to your parents-in-laws?

A. Yes sir, we used to keep these records such as bank

statements in our files but since these are already old
documents we lost most of them, but somehow we were
able to retrieve a two (2) page letter of my father-in-law
dated March 28, 1981, addressed to my wife and myself
and our children which would show that my wife was, in
fact, sending money to my parents-in-laws.

55. Q. I am marking this letter of your father-in-law dated

March 28, 1981 consisting of two pages as Exhibits “8”
and “8-A”, and attaching the same to your judicial
affidavit to form part of it, do you confirm my action?

A. Yes Sir.

56. Q. Where is the original copy of your father-in-law’s

letter?

A. It is with us for safekeeping.

57. Q. Do you warrant that the photocopy of the letter

is a faithful reproduction of the original?
A. Yes sir.

58. Q. Your father-in-law closed out or ended the letter with

the parting words “Love to all and the kids”, “Daddy”, do
you recognize this handwriting?

A. Yes sir, that is the handwriting of my father-in-law.

59. Q. How did you know that it is the handwriting of your

father-in-law?

A. I am familiar with the handwriting of my father-in-law

because he is my father-in-law and he used to send us
letters for many years from 1975 to 1984 or about 9
years. I also see him write other documents.

60. Q. I am showing to you the letter (Exh. “8” and “8-A”)

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 of your father-in-law, could you please point to this
letter the specific portion attesting to the fact that your
wife was indeed sending him money?

A. I’m referring to the portion of my father-in-law’s letter

which says, and I quote: “I wrote you before to send me
only $2,500.00 on April 15, thru my Savings Account as
follows, CESAR SANTOS c/o Philippine Trust Co., Plaza
Lacson, Manila SA # 22105-N” and the balance of
$2,500. – send it on May 15 thru the same process.

61. Q. I am marking the said portion as Exhibit “8-B”, do you

confirm my action?

A. Yes Sir.

62. Q. The Declaration (Exh. “5”) of your parents-in-law also

states that you gave them money to build 124 Judge
Luna, what was it that was built in 124 Judge Juan
Luna?

A. My parents-in-law were referring to the improvements

there which are residential building and concrete
industrial building.

63. Q. How much money did your wife give your parents-in-
law to build those improvements in 124 Judge Juan
Luna, if you know?

A. My wife gave them FORTY THOUSAND U.S. DOLLARS

($40,000.00) for the house and THREE HUNDRED
THOUSAND PESOS (P300,000.00) for the industrial
building that they borrowed from Metrobank which we
paid monthly from 1984 to 1997.

64. Q. You said that your parents-in-law borrowed THREE

HUNDRED THOUSAND PESOS (P300,000.00) loan from
Metrobank for the construction of the industrial office
improvement in Juan Luna property, do you have proof
that your parents-in-law borrowed such amount?

A. Yes sir, there are annotations of mortgages to guarantee

loan obligations with Metrobank at the back of TCT No.
RT-44697 (155063) which covers the Juan Luna St,
Quezon City property.

65. Q. I’m showing to you a copy of TCT No. RT-44697 (155063)

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 attached to the amended petition as Annex “B” is this the
same TCT No. RT-44697 (155063) that you are referring
to?

A. Yes sir.

66. Q. I am marking this title as Exhibit “9”, and attaching the

same to your judicial affidavit to form part of it. Do you
confirm my action?

A. Yes Sir.

67. Q. There are annotations of mortgages at the back of TCT

No. 44697 (155063) under P.E. No. 7713 which I hereby
mark as Exhibit “9-A”, P.E. No. 3993 which I hereby
mark as Exhibit “9-B”, and P.E. No. 1821 which I hereby
mark as Exhibit “9-C”, are these the annotations you are
referring to?

A. Yes sir.

68. Q. You said that your wife paid your parents-in-law’s

loan of THREE HUNDRED THOUSAND PESOS
(P300,000.00) to Metrobank to construct the
improvement you mentioned, do you have proof that your
wife indeed paid your parents-in-laws’ loan to
Metrobank?

A. Yes sir, aside from my parents-in-laws’ own Declaration,

Metrobank issued a Cancellation of Mortgage which
would prove payment or settlement of the THREE
HUNDRED THOUSAND PESOS (P300,000.00) loan by my
parents-in-law.

69. Q. I am marking this Cancellation of Mortgage as Exhibit

“10”, and attaching the same to your judicial affidavit to
form part of it, do you confirm my action?

A. Yes Sir.

70. Q. Where is the original copy of the Cancellation of

Mortgage issued by Metrobank,?

A. It is with us for safekeeping.

71. Q. How did you come to know all these information and
documents?

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 A. I was a signatory in some of those documents like the
deeds of absolute sale, and also I was with my wife in all
these transactions and she confides and confers with me
all her actions on these matters.

72. Q. Why did you execute this judicial affidavit?

A. I executed this judicial affidavit to attest to the foregoing

and in lieu of my direct testimony.

IN WITNESS WHEREOF, I have hereunto set my hand this

________ day of ___________________, 2019 in California, U.S.A.

ERNESTO BANIQUED
Affiant

SUBSCRIBED AND SWORN to before me this _______ day of

___________________, 2019 affiant exhibiting to me his Philippine
Citizenship I.D. Certificate No. _____________________________.

Notary Public

Doc. No. ;
Page No. ;
Book No. ;
Series of 2019.

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