sample judicial affidavit

Republic of the PhilippinesREGIONAL TRIAL COURTRegion VII Judicial Region

Branch 24 Cebu City

ELISABETH SIMOUNA,Complainant,

-versus- I.S. No. 20000For: Estafa

JOY B. LOPEZ,Respondent.

JUDICIAL AFFIDAVIT OF THE WITNESSELIABETH SIMOUNA

I, ELISABETH SIMOUNA, 52 years old, widow, and living at Cebu City, witness in this case, state under oath as follows;

PRELIMINARY STATEMENT

The person examining me is Atty. Pedro Tan with address at Talamban, Cebu City. The examination is being held at the same address. I am answering his questions fully conscious that I do so under oath and may face criminal liability for false testimony and perjury.

PURPOSE: This affidavit/testimony of ELISABETH SIMOUNA is being offered to prove that the defendant committed fraud and misappropriated the money amounting to almost P500,000.00.

1. Q. Please state your name and other personal circumstances for the record.

A. I am ELISABETH SIMOUNA, 52 years old, widow, and a resident of Cebu City.

2. Q. Do you know personally Ms. Joy B. Lopez?

A. Yes, sir.

3. Q. How did you know Ms. Lopez?

A. She was introduced to me by my former classmate in college and former Mayor of Talisay, Basilio Mercado.

4. Q. Why was she introduced to you by your former classmate in college?

A. I bought several lots in the outskirts of Cebu City which are not yet titled so I went to my former classmate Mercado if he knows anyone who can help me apply for a title for the said lots under my name. Mercado referred Joy B. Lopez, whom he claims to be an old associate and the one who processed the transfer of the properties he bought.

5. Q. When was the first time you met her?

A. I first met her last February 12, 2015 when we agreed that she will process the titling and transfer of titles.

6. Q. What happened after your first meeting?

A. She would usually ask for cash from me for the payment of capital gains tax, documentary stamp tax and other fees due to the government.

7. Q. Do you have any proof for these transactions?

A. Yes, sir. I have acknowledgment receipts duly signed by her. (Photocopy the acknowledgment receipts are hereunto attached as Exhibit A).

8. Q. How much is the total amount that you already gave her?

A. Based on my personal accounting, I already gave her almost P500,000.00

9. Q. After receiving the said amount, was she able to produce receipts for the payment of taxes and other fees due to the government? A. No sir. In fact, after six months I already demanded from

her the title.

10. Q. After the demands you made from her, was she able to deliver the titles?

A. At first she said that the title was still with the regional director of the register of deeds for signature. So I waited for 2 weeks before she finally delivered the 3 titles of the properties under my name.

11. Q. What did you do after you received the title?

A. I felt that something was amiss so I went to the Register of Deeds of Cebu City and asked for the certified true copy of the titles.

12. Q. What is the result of the verification from the Register of Deeds?

A. The director of the Register of Deeds of Cebu City issued a certification that the 3 titles delivered to me Joy B. Lopez belongs to 3 other owners and covered by different title numbers.

13. Q. Do you have a copy of the said certification?

A. Yes sir, I have a copy of the certification issued by the director of the Register of Deeds.(Photocopy of the certification is hereunto attached as Exhibit B).

IN WITNESS WHEREOF, I hereunto set my hand this 24th day of September 2015 at Cebu City.

ELISABETH SIMOUNAAffiant

SUBSCRIBED AND SWORN TO BEFORE ME a notary public in and for Cebu City this 24th day of September 2015. Affiant personally came and appeared her Passport issued by the Department of Foreign Affairs, bearing his signature and photograph, known to me as the same person who personally signed the foregoing instrument before me and avowed under penalty of law to the whole truth of the contents of said instrument.

ATTY. PEDRO TANCINCO JR.Notary Public

Doc No. 11Page No. 131Book No. 2IBP Lifetime Roll No. 123456MCLE Compliance Certificate No. 100

I, PEDRO TAN, of legal age, Filipino, with postal address at No. 28 Hustisya St., Talamban, Cebu City, after duly been sworn depose and say that;

I was the one who conducted the examination of witness, ELISABETH SIMOUNA at my aforementioned office in Talamban, Cebu City.

I have faithfully recorded or caused to be recorded the questions I asked and the corresponding answers that the witness gave.

I, nor any other person then present or assisting her, coached the witness regarding her answers.

IN WITNESS WHEREOF, I have hereunto set my hand this 24th day of September 2015 at Cebu City

ATTY. PEDRO I. TANAffiant

SUBSCRIBED AND SWORN TO BEFORE ME a notary public in and for Cebu City this 24th day of September 2015. Affiant personally came and appeared his Driver’s License issued by Land Transportation Office, bearing his signature and photograph, known to me as the same person who personally signed the foregoing instrument before me and avowed under penalty of law to the whole truth of the contents of said instrument.



Republic of the PhilippinesREGIONAL TRIAL COURTRegion VII Judicial Region

Branch 24 Cebu City

ELISABETH SIMOUNA,Complainant,

-versus- I.S. No. 20000For: Estafa

JOY B. LOPEZ,Respondent.

JUDICIAL AFFIDAVIT OF THE WITNESSMARIA LUISA G. OSMENA

I, MARIA LUISA G. OSMENA, 65 years old, widow, and living at Cebu City, witness in this case, state under oath as follows;

PRELIMINARY STATEMENT

The person examining me is Atty. Pedro Tan with address at Talamban, Cebu City. The examination is being held at the same address. I am answering his questions fully conscious that I do so under oath and may face criminal liability for false testimony and perjury.

PURPOSE: This affidavit/testimony of MARIA LUISA G. OSMENA is being offered to prove that she was the registered owner of a parcel of land with TCT NOs. 12345, 34567, and 89102 and to prove that the title issued to ELISABETH SIMOUNA is falsified.

1. Q. Please state your name and other personal circumstances for the record.

A. I am MARIA LUISA G. OSMENA, 62 years old, widow, and a resident of Cebu City.

2. Q. Do you have any property?

A. Yes sir. I owned parcel of located at Brgy. Pit-os.

3. Q. How did you acquire that parcel of land?

A. I bought that land from Mr. Juan dela Cruz.

4. Q. When did you acquire that parcel of land?

A. I bought that from Mr. dela Cruz last May 8, 1998.

5. Q. Can you please read the TCT. Nos. And the location of the said lots?

A. TCT No. 34567, Brgy. Guba, Cebu City. TCT No. 12345, Brgy. Sirao, Cebu City.

6. Q. Can you please read the name of owner of the lots?

A. Maria Luisa Osmeña.

7. Q. Is this you?

A. Yes.

8. Q. Do you have a proof that you owned that land?

A. Yes sir. I have a photocopy of the Certificate of Title under my name.

9. Q. Do you know a person named Joy B. Lopez?

A. No sir.

10. Q. Are you aware that your certificate of title is also issued to another person?

A. No sir, because as far as I’m concerned, I have not alienated that said land and therefore I am still the registered owner of the property.

IN WITNESS WHEREOF, I hereunto set my hand this 24th day of September 2015 at Cebu City.

MARIA LUISA G. OSMENA Affiant

SUBSCRIBED AND SWORN TO BEFORE ME a notary public in and for Cebu City this 24th day of September 2015. Affiant personally came and appeared her Senior Citizen ID issued by the City of Cebu, bearing his signature and photograph, known to me as the same person who personally signed the foregoing instrument before me and avowed under penalty of law to the whole truth of the contents of said instrument.



I, PEDRO TAN, of legal age, Filipino, with postal address at No. 28 Hustisya St., Talamban, Cebu City, after duly been sworn depose and say that;

I was the one who conducted the examination of witness, ELISABETH SIMOUNA at my aforementioned office in Talamban, Cebu City.

I have faithfully recorded or caused to be recorded the questions I asked and the corresponding answers that the witness gave.

I, nor any other person then present or assisting her, coached the witness regarding her answers.

IN WITNESS WHEREOF, I have hereunto set my hand this 24th day of September 2015 at Cebu City

ATTY. PEDRO I. TANAffiant

SUBSCRIBED AND SWORN TO BEFORE ME a notary public in and for Cebu City this 24th day of September 2015. Affiant personally came and appeared his Driver’s License issued by Land Transportation Office , bearing his signature and photograph, known to me as the same person who personally signed the foregoing instrument before me and avowed under penalty of law to the whole truth of the contents of said instrument.



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