Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

7th Judicial Region
Branch 7, Cebu City

LUZ FLORA LAURON YAP,

Plaintiff,

- versus CIVIL CASE NO. R-57643

FOR: UNLAWFUL DETAINER,
DAMAGES & ATTY.’S FEES
EDGAR AND JOAN VILLACORTA
& MAXIMO VILLACORTA, Defendants.
x-----------------------------------x
OFFER OF TESTIMONY:
The testimony of the witness is offered to prove the following: 1. 2. 3. 4. 5. 6. 7. 8. 9.

That she is the plaintiff in this instant complaint;

That she is the owner of a parcel of land subject in this instant case;
That defendants were lessors of subject property;
That she will testify that defendant ceased to pay monthly rental yet continued to occupy
subject property;
That she sued defendants for ejectment for their refusal to pay rentals and vacate the property
yet the defendants continued their vehement refusal to do so;
That she sent a demand letter to the defendants and despite doing so, defendants adamantly
continued to stay in the property and not paying rentals thereon;
That she will testify on the damages incurred by the plaintiff corporation due to the unlawful
acts of the defendant;
That she will identify certain documentary exhibits;
That she will also testify on other related and relevant matters.

Republic of the Philippines}

City of Cebu - - - - - - - - - } S.S.
X------------------------------X
JUDICIAL AFFIDAVIT
I, DR. LUZ FLORA L. YAP, Filipino, of legal age, married and with residence and postal
address at 861 C. Padilla St., Mambaling, Cebu City, after having been sworn in accordance
with law, depose and say that:

1. Are you aware and conscious that this is under oath, and that any falsity of this Affidavit
would subject you to prosecution for false testimony or perjury?
A: Yes sir, I am.
2. Are you the same DR. LUZ FLORA L. YAP, the plaintiff in this case?
A: Yes, sir. I am Dr. Luz Flora Lauron Yap, the plaintiff in this case.
3. Do you know Edgar and Joan Villacorta, the defendants in this instant case?
A: Yes, sir. Edgar and Joan are brother and sister. Their father is Maximo Villacorta. They are
presently residing in my property in Pahina, San Nicolas, Cebu City.
4. What particular property are they presently occupying right now?
A: They are presently occupying my residential house located in the accretion of Lot 1036.
5. How did they acquire the subject property?
A: I acquired the house and lot as my inheritance from my parents Primitivo Lauron Dionisia
Lauron.
6. How come that the Villacortas are now occupying your residential house?
A: Their predecessor-in-interest Pastora Ang Mosqueda leased this property from my father
Primitivo Lauron
7. When did Pastora Ang Mosqueda start leasing this residential property? A: Sometime in
1959.
8. Where is Pastora Ang Mosqueda now?
A: She is already dead.
9. After her death, who continued to occupy the subject residential house? A: Lucresia
“Lucring” Ang the daughter of Pastora Ang and her husband Maximo Villacorta.
10. What was the mode of payment of the rental by Lucring to your father? A: Based on our
record, Lucring paid P 800.00 per month until June 1995.
11. How are Edward and Joan related to Lucring?
A: Lucring is the mother of Edgar and Joan and Maximo is the husband.
12.When was the last payment of the rental by the defendants?
A: January 2012.
13.Why did they stop paying the rental?

A: They stopped paying the rental when I asked them to vacate from my property because I
was planning to develop the said property.
14.Where was Lucring now.
A: She is already dead.

15. Who are presently living in the said residential property after the death of Lucring?
A: Maximo their father and Edgar and Joan.
15.How much was the last monthly rental?
A: 1,000.00
16.What did you do when they stopped paying rental?
A: I sued them in the barangay.
17. Could you describe the residential lot and parcel of land on which it is situated?
A: My residential house is constructed on my parcel of land denominated as Lot 1036 with an
area of 307 square meters and located along Tres de Abril St., Pahina San Nicolas, Cebu City.
18.Do you have any proof of ownership of that parcel of land?
A: Yes, sir. I have a Transfer Certificate of Title and a Tax Declaration as proof of my
ownership over said parcel of land. I also caused the survey and preparation of a sketch plan
over said property.
19.If I show to you such documents, would you be able to identify it?
A: Yes.
20. I am now showing to you a certified true copy of Transfer Certificate of Title No. 100298
of the Registry of Deeds, Cebu City, issued in the name of Luz Flora Lauron Yap. Kindly go
over this document and please tell this Honorable Court if this is the same transfer certificate
of title you are referring to?
A: Yes, sir. That is the one, my certificate of title showing my ownership over Lot 1036
where my residential house is constructed. (Request for marking of Transfer Certificate of
Title No. 100298 as Exhibit “A”)
21.I am also showing to you a certified true copy of Tax Declaration No. 97GR-09-065-
00032 of the Office of the City Assessor, Cebu City and issued in the name of Sps. Lauron
Primitivo. Kindly go over this document as well and please tell this Honorable Court if this is
the same tax declaration you are referring to?

A: Yes, sir, this is my tax declaration over the same parcel of land. (Request for marking of
Tax Declaration No. 97GR-09-065-00032 as Exhibit “B”)
22.I am also showing to you an original copy of the Sketch Plan of Lot No. 1036 as surveyed
for Dionesia R. Lauron and prepared by Geodetic Engineer Cesar V. Tecson. Is this the same
sketch plan you are referring to? A: Yes, sir. That is my sketch plan depicting the survey of
the said property. (Request for marking of Sketch Plan as Exhibit “C”)
23.This sketch plan is prepared and surveyed for Dionesia R. Lauron. How are you related to
her?
A: She was my late mother.
24.How then did you acquire such property?
A: I inherited the same from my late mother, who acquired the same during her lifetime.
25.You said that herein defendants were lessees of your Lot 1036 situated in Pahina San
Nicolas, Cebu City as they constructed their residential house thereon. In this sketch plan, can
you indicate to us and to this Honorable Court which portion in particular the house
constructed by the defendants is situated?
A: The house where the defendants constructed their house is at this portion in the sketch
plan. (Request for marking of the Specific portion of the sketch plan as Exhibit “C-1”)
26.When did the defendants commence the lease of your property?
A: They started leasing the property on ___________________.
27.How much was the monthly rental for the use of the property?
A: The monthly rental for the use of the house P________________.

was at

28.How much was the arrears?

A: The arrears was at P________________.
29.Do you have proof of receipt of such rentals?
A: Yes, sir. These are the receipts. (Request for marking of Rental receipts as Exhibit “D”)
30.When did defendants stop paying their monthly rentals?
A: They stopped paying their monthly rentals on ___________________.
31.When defendants stopped paying their monthly rentals, what did you do then?
A: I orally demanded from the defendant spouses to pay their due rentals and arrears and
vacate the premises.
32.What was their reply to your demand?
A: They stubbornly refused to pay monthly rentals and arrears as well as to vacate the
premises despite my several oral demands for them to do so.
33.What then did you do in the light of their stubborn refusal?
A: I then sued them for ejectment before the Office of the Barangay Chairman of Pahina San
Nicolas.
34.What was the result of such barangay proceeding?
A: Despite the efforts for amicable settlement by the members of the Lupong Tagapamayapa,
defendants continued their vehement refusal to pay rentals and arrears and vacate the
premises.
35.Do you have proof of such barangay proceeding?
A: Yes, sir. I was issued a Certification to File Action from the Office of the Lupong
Tagapamayapa of Barangay Pahina San Nicolas.
36.I have here an original copy of the Certificate to File Action in Barangay Case No. 10-
1023 for Ejectment entitled Dr. Luz Flora Yap, complainant, versus Joan Villacorta/Edgar
Villacorta, respondents issued on October 10, 2012. Is this the same certification that you are
referring to?
A: Yes, sir. That is the one. (Request for marking of Certification to File Action as Exhibit
“E”)
37.Following the issuance of such certification, what did you do next?
A: As a matter of last chance to settle the matter out of court, I sought the assistance of a
lawyer to send the defendant spouses a demand letter giving them a final opportunity to pay
back rentals and to peacefully vacate from the premises in order to spare them from costly
court litigation.
38.I have an original copy of the demand letter dated January 31, 2013 addressed to Sps.
Edgar and Joan Villacorta, signed by Paulino B. Labrado, handling counsel, with the
conformity of Dr. Luz Flora L. Yap. Is this the same demand letter that you are referring to?
A: Yes, sir. This is the demand letter I caused to be sent to them. (Request for marking of
Demand Letter as Exhibit “F”)
39.Due to the actions of the defendant spouses, did you incur damages or losses?

A: Yes, sir. I spent P10,000.00 for the engagement of a lawyer to prepare the demand letter
and to file this case in court. I will also incur P1,500.00 as appearance fee and P5,000.00 as
litigation expenses.
40.What do you now pray of this Honorable Court?
A: I earnestly pray to this Honorable Court that it render a decision in my favor, ordering
defendants to immediately vacate the premises of Lot No. 1036 and/or pay the appropriate
and accumulated rentals thereon to be determined until the final resolution of the case.
I also humbly beg the Honorable Court to order defendants to pay the amount of P10,000.00
as attorney’s fees, P5,000.00 as litigation fees and P1,500.00 for every court appearance of
my lawyer.
IN WITNESS WHEREOF, I have hereunto set my hand this ______ day of January 2013, in
Cebu City, Philippines.

DR. LUZ FLORA L. YAP

Affiant
_______________________________ _______________________________
_______________________________

SUBSCRIBED AND SWORN to before me, in the on the _____ day of January 2013, affiant
exhibited to me her competent evidence of identity with the details shown above.
I hereby certify that I personally know herein affiant being my client, and after having
personally examined him I am fully convinced that he has personally read and understood the
foregoing judicial affidavit and the allegations herein.

Doc. No. ______;

Page No. ______;
Book No. ______;
Series of 2013.

REPUBLIC OF THE PHILIPINES}

CITY OF CEBU . . . . . . . . . . . . . . }S.S.

AFFIDAVIT OF ATTESTATION
I, PAULINO B. LABRADO, of legal age, Filipino, married and holding office at Rm. 202,
Aniceta Bldg., Osmeña Blvd., Cebu City, Philippines, after having been duly sworn to in
accordance with law, do hereby depose and state:
1. That I was the lawyer who conducted/supervised the Affiant DR. LUZ FLORA L. YAP in
the execution of her judicial affidavit;
2. That the execution of said Judicial Affidavit was done in my office at Rm. 202, Aniceta
Bldg., Osmeña Blvd., Cebu City, Philippines on the _____ day of January 2013;
3. That I faithfully recorded the questions and the corresponding answers that she gave;
4. That neither did I coach her nor were there any other person doing the same regarding her
answers to the questions;
5. That I execute the foregoing affidavit to attest to the veracity of the foregoing facts and for
whatever legal purpose this may serve.
IN WITNESS WHEREOF, I have hereunto affixed my hand this ______ day of January 2013
in the City of Cebu, Philippines.

PAULINO B. LABRADO
Affiant

SUBSCRIBED AND SWORN to before me on the date and place above mentioned, affiant
having exhibited to me his Integrated Bar of the Philippines ID No. 46534.
I also hereby certify that I personally know herein affiant, him being a partner in the law
office.
WITNESS MY HAND AND NOTARIAL SEAL.
Doc. No. _____;
Page No. _____;
Book No. ____;
Series of 2013.