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    Judicial Affidavit - Mr. Three Rifle For Complaint For Quieting of Title

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    Paula Bariuan
    This judicial affidavit provides testimony from Three Abandonado Rifle in the case of Juan Rifle et al. vs. Five Rifle et al. regarding a disputed property. Three testifies that: (1) the property was inherited by him and his siblings from their deceased parents; (2) his brother Five sold the entire property without consent to defendant Six Todantes III; and (3) Six then leased the property to defendant AIM Global, who constructed a building on the land. Three is seeking a court order to nullify the sale by Five and return ownership and possession of the property to him and his siblings.

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    Judicial Affidavit - Mr. Three Rifle For Complaint For Quieting of Title

    Uploaded by

    Paula Bariuan
    2K views6 pages
    This judicial affidavit provides testimony from Three Abandonado Rifle in the case of Juan Rifle et al. vs. Five Rifle et al. regarding a disputed property. Three testifies that: (1) the property was inherited by him and his siblings from their deceased parents; (2) his brother Five sold the entire property without consent to defendant Six Todantes III; and (3) Six then leased the property to defendant AIM Global, who constructed a building on the land. Three is seeking a court order to nullify the sale by Five and return ownership and possession of the property to him and his siblings.

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    Sample judicial affidavit as practice writing for Practice Court

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    Judicial Affidavit - Mr. Three Rifle for Complaint for Quieting of Title

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    This judicial affidavit provides testimony from Three Abandonado Rifle in the case of Juan Rifle et al. vs. Five Rifle et al. regarding a disputed property. Three testifies that: (1) the property was inherited by him and his siblings from their deceased parents; (2) his brother Five sold the entire property without consent to defendant Six Todantes III; and (3) Six then leased the property to defendant AIM Global, who constructed a building on the land. Three is seeking a court order to nullify the sale by Five and return ownership and possession of the property to him and his siblings.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    2K views6 pages

    Judicial Affidavit - Mr. Three Rifle For Complaint For Quieting of Title

    Uploaded by

    Paula Bariuan
    This judicial affidavit provides testimony from Three Abandonado Rifle in the case of Juan Rifle et al. vs. Five Rifle et al. regarding a disputed property. Three testifies that: (1) the property was inherited by him and his siblings from their deceased parents; (2) his brother Five sold the entire property without consent to defendant Six Todantes III; and (3) Six then leased the property to defendant AIM Global, who constructed a building on the land. Three is seeking a court order to nullify the sale by Five and return ownership and possession of the property to him and his siblings.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 6
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    The case involves a dispute over a property inherited by siblings that one sibling sold without the consent of the others.

    The case is about a property in Cabagan, Cagayan that is co-owned by siblings. One sibling, Five Abandonado Rifle, sold the entire property to his neighbor Six Todantes III without the consent of his other siblings.

    The property being disputed is located in Cabagan, Cagayan that was inherited by the Abandonado Rifle siblings from their deceased parents.

    Page 1 of 6

    Republic of the Philippines


    Second Judicial Region
    REGIONAL TRIAL COURT
    Branch 126
    Tuguegarao, Cagayan

    JUAN RIFLE, TWO RIFLE, THREE RIFLE Civil Case No. L-20-1008
    & FOUR RIFLE (Representing Himself,
    & His Siblings Juan Rifle & Two Rifle)
    Plaintiffs, FOR:

    -vs- QUIETING OF TITLE,


    NULLIFICATION OF DEED OF
    FIVE RIFLE, SIX TODANTES III SELF-ADJUDICATION &
    & AIM GLOBAL INCORPORATED DEED OF SALE, AND DAMAGES
    Defendants.

    JUDICIAL AFFIDAVIT

    (Rule on Judicial Affidavit,


    A.M. No. 12-8-8-12, September 4, 2012)

    I. PRELIMINARY INFORMATION.

    A. NAME AND OTHER PERSONAL CIRCUMSTANCES OF THE WITNESS.


    Name : THREE ABANDONADO RIFLE
    Age : 40 YEARS OLD
    Address : 01 NATIONAL HIGHWAY, NGARAG, CABAGAN
    Occupation : TEACHER
    Language : ENGLISH, FILIPINO

    B. LAWYER WHO CONDUCTED OR SUPERVISED THE EXAMINATION OF THE


    WITNESS.
    Name : PAULA FRANCESCA AQUINO BARIUAN
    Address : 13 PROVINCIAL ROAD, TUGUEGARAO, CAGAYAN
    Place of
    Examination: 13 PROVINCIAL ROAD, TUGUEGARAO, CAGAYAN

    II. OFFER.
    The testimony of the CO-PLAINTIFF & WITNESS is being offered to
    prove the following:
    a. The identity of the real property subject matter of this case;
    b. The title of the real property subject matter of this case;
    c. The identities of the rightful co-owners of the real property
    subject matter of this case; and
    Page 2 of 6

    d. The identities of the parties unlawfully occupying the


    property subject matter of this case.

    III. JUDICIAL AFFIDAVIT PROPER.


    I, PAULA FRANCESCA A. BARIUAN, 37 years old, single, Filipino, and
    residing at 13 Provincial Road, Bagay, Tuguegarao City, Cagayan, under
    oath, depose:

    Q1 – Witness, please state your name, age, residence, and


    occupation.
    A1 – I am FOUR ABANDONADO RIFLE, 38 years old, resident of 1
    National Highway, Ngarag, Cabagan. I am gainfully employed as a High
    School Teacher at St. Paul College, Quezon City Campus.

    Q2 – Why are you here now?


    A2 – 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.

    Q3 – 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?
    A3 – The legal counsel for the plaintiffs, Atty. PAULA FRANCESCA A.
    BARIUAN, is conducting or supervising my examination now at her law
    office, The Legal Eagle Law Office, located at 13 Provincial Road, Bagay,
    Tuguegarao City, Cagayan.

    Q4 – In what language do you want your examination to be


    conducted?
    A4 – This judicial affidavit is prepared in English. My cross
    examination be conducted in both English and Filipino.

    Q5 – 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?
    A5 -Yes.

    Q6 – Let us now proceed to the Complaint. Do you know the other


    plaintiffs, Juan Abandonado Rifle, Two Abandonado Rifle, and Three
    Abandonado Rifle?
    A6 – Yes. They are all my siblings and are my co-owners in the
    property subject matter of this case. Four will be representing my other
    siblings in the suit – Juan will be going abroad and Two has to go home to
    Davao City.

    Q7 - Do you know the defendant Five Abandonado Rifle?


    A7 – Yes. He is my sibling and also co-owner to the property but he
    sold the entire lot to his co-defendant Six Todantes III without our consent
    and knowledge last February 01, 2017.
    Page 3 of 6

    Q8 - Do you know the defendant Six Todantes III?


    A8 – Yes. He has been a long time neighbour in Cabagan and he
    bought the property I co-own with my siblings.

    Q9 – Do you know the defendant Aim Global, Incorporated?


    A9- Yes. They are renting the property subject matter of this case
    from Six Todantes III.

    Q10 - Why are your testifying in this case?


    A10 – I am testifying in this case to protect my interest and share in
    the property I inherited from my deceased parents together with my other
    siblings.

    Q11 – What is this case for?


    A11 - This case is for the Declaration of Nullity of the Self-
    Adjudication with Deed of Sale executed by defendant Five Abandonado
    Rifle in favour of co-defendant Six Todantes III over the property subject
    matter of this case and for recovery of possession and ownership of the
    property subject matter of this case from co-defendants Six Todantes III and
    Aim Global, Incorporated with demand for DAMAGES.

    Q12 - Are you familiar with the real property subject matter of this
    case?
    A12 - Yes. It is a parcel of land which we inherited as siblings when
    our parents died in 2005.

    Q13 - Can you describe the subject property?


    A13 - Yes. The property is Lot No. 1196, Pls-76 and registered in the
    names of my deceased parents under Transfer Certificate of Title No. T-
    154847. It has an area of about 9,490 square meters.

    Q14 – When did you find out that AIM Global Incorporated was
    occupying your property and had already constructed a building thereon?
    A14 – I only came to know about it last December 20, 2019 when I
    came home for Christmas vacation.

    Q15 – What did you do when you saw the building?


    A15 – I went to the building and asked who owns the building. The
    person we talked to said that the land was being leased by AIM Global from
    Six Todantes III.

    Q16 – Did you talk to Six Todantes when you found this out?
    A16 – Me and my siblings went to their house to ask him why is he
    leasing our property to AIM Global.

    Q17 – When you went to the house of Six, what happened?


    A17– I accompanied my siblings there and Six told us that Five had
    already sold the lot to him on February 01, 2017 and that he accepted the
    Page 4 of 6

    payment of P2,500,000.00 when he signed the Deed of Sale and gave him
    the Deed of Self-Adjudication.

    Q18 – What did you do when Six informed you that he bought the lot
    from Five?
    A18 – Of course, that made me angry. How could he sell the property
    without our consent and knowledge. I asked him what did he do with the
    money.

    Q19 – Was there anything else that you said to Six and Five when you
    were at the house of Six?
    A19 – I asked Six for a copy of the Deed of Self-Adjudication and Deed
    of Sale but he refused. I also told him to tell AIM Global to get off our
    property. I am in disbelief as to how he and Five can do this to us when he
    knows for a fact that all of us siblings own that property together.

    Q20 – What happened next after the confrontation at the house of


    Six?
    A20 – My siblings and I went home and we talked about what we
    could do. I asked my brother Five to return the money to Six and to get the
    deeds he executed from Six.

    Q21 – Did Five do what you asked him to do?


    A21 – No. He said that he was afraid of Six that’s why he signed the
    papers and that he could not return the money because he already spent it.
    After, Five quickly left our house. We haven’t been on speaking terms since
    that incident on December 20, 2019.

    Q22 – What did you do when Five stopped talking to you?


    A22 – I asked my other siblings what shall we do. We agreed to ask
    AIM Global to vacate the property and for possible filing of a case against
    Six and Five also.

    Q23 – What happened next after your siblings agreed to this plan?
    A23 – The next day, I accompanied my sister Two to this office to
    execute an Affidavit of Adverse Claim.

    Q24 – Did Six and AIM Global vacate the property as you requested?
    A24 – No, they did not so we sent demand letters for them to vacate
    the property dated February 15, 2020 and March 15, 2020 via registered
    mail with return card.

    Q25 - What reliefs do you seek from the Court?


    A25 – I would like the court to declare null and void the Deed of Self-
    Adjudication and Deed of Sale executed by my brother Five in favour of Six
    Todantes III. I would also like the Court to give us back the ownership and
    possession of the property and for Six and AIM Global to vacate the
    property. We are also claiming actual damages, moral damages, exemplary
    damages, as well as attorney’s fees, litigation costs, and cost of suit.
    Page 5 of 6

    Nothing Follows.
    Tuguegarao City, 01 October 2020.

    Three Abandonado Rifle


    Affiant/ Co-Plaintiff

    SUBSCRIBED AND SWORN to before me in Tuguegarao City on 01 October


    2020, affiant showing his competent proof of identity, to wit: PRC ID
    Teacher’s License No. T00-577-612-365.

    ATTY. SEBASTIAN GABRIEL


    Notary Public

    Doc. No. ______


    Page No. ______
    Book No. ______
    Series of 20____.

    IV. EXHIBITS ATTACHED TO THE JUDICIAL AFFIDAVIT.


    - None

    V. SWORN ATTESTATION OF THE LAWYER WHO CONDUCTED OR


    SUPERVISED THE EXAMINATION OF THE WITNESS.
    Page 6 of 6

    The undersigned ATTY. PAULA FRANCESCA A. BARIUAN, of legal


    age, single, and with law office address at The Legal Eagle Law Office, 13
    Provincial Road, Bagay, Tuguegarao City, Cagayan, under oath, deposes and
    states:

    I am the Legal Counsel for the plaintiffs in the above-entitled case;

    I faithfully recorded or caused to be recorded the questions I asked


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

    Neither I nor any other person then present or assisting him coached
    the witness regarding the latter's answers; and

    I personally conducted the examination of the witness at my law


    office with address at 13 Provincial Road, Bagay, Tuguegarao City, Cagayan
    on 01 October 2020.

    Atty. Paula Francesca A. Bariuan


    Affiant

    SUBSCRIBED AND SWORN to before me in Tuguegarao City, Cagayan on 01


    October 2020, affiant showing her competent proof of identity, to wit: LTO
    Driver’s License No. B03-112233-4567-89.

    ATTY. SEBASTIAN GABRIEL


    Notary Public

    Doc. No. ______


    Page No. ______
    Book No. ______
    Series of 20____.

    Copy Furnished:

    Five Abandonado Rifle


    Six Todants III
    AIM Global, Inc.

    EXPLANATION

    A copy of this Judicial Affidavit is served on the Court and the defendants
    via registered mail due to the pandemic whereby personal service cannot
    be safely effected.

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