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Fernandez - PC II - Judicial Affidavit - Defendant

This judicial affidavit provides testimony from Gerardo Aquino Jr., the representative of Eversley Childs Sanitarium, one of the defendants in a civil case for unlawful detainer. The affidavit establishes that the Sanitarium has been in lawful possession of the subject property for over 70 years since 1932, when the property was reserved for the Sanitarium via Proclamation No. 507. The affidavit also argues that the plaintiff's title over the property is void and that they are guilty of laches.

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Paula Bianca Eguia
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143 views5 pages

Fernandez - PC II - Judicial Affidavit - Defendant

This judicial affidavit provides testimony from Gerardo Aquino Jr., the representative of Eversley Childs Sanitarium, one of the defendants in a civil case for unlawful detainer. The affidavit establishes that the Sanitarium has been in lawful possession of the subject property for over 70 years since 1932, when the property was reserved for the Sanitarium via Proclamation No. 507. The affidavit also argues that the plaintiff's title over the property is void and that they are guilty of laches.

Uploaded by

Paula Bianca Eguia
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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REPUBLIC OF THE PHILIPPINES

7th Judicial Region


Municipal Trial Court in Cities
Mandaue City
Branch 6

SPOUSES ANASTACIO and


PERLA BARBARONA,
Plaintiffs,

-versus- CIVIL CASE NO. 1234


For: Unlawful Detainer

EVERSLEY CHILDS SANITARIUM,


Represented by GERARDO M. AQUINO, JR,
Chief of Sanitorium, JAGOBIAO NATIONAL
HIGH SCHOOL, BUREAU OF FOODS AND
DRUGS AND OTHER OCCUPANTS.
Defendants.

x-----------------------------------------x

JUDICIAL AFFIDAVIT OF GERARDO M. AQUINO, JR.

I, GERARDO M. AQUINO, JR., Filipino, married, of legal age,


and with residence at No.68 South Road, Palandok, Mandaue City,
Cebu, representing EVERSLEY CHILDS SANITARIUM the defendant
in this case, state under oath as follows:

PRELIMINARY STATEMENT

The person examining us is Atty. Alvin Angelo Rufino, with


address at Unit 1624, Mandaue Residences Tower II, Mandaue City,
Cebu. 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.

OFFER OF TESTIMONY

The testimony of Gerardo M. Aquino Jr. is being offered to prove


that:
a. The defendant is in lawful possession and occupation of the
subject property;

b. The defendant had been in possession of the property for more


than 70 years , hence the case was one for recovery of
possession, which was beyond the jurisdiction of this Honorable
Court;

c. The Transfer Certificate of Title of the Plaintiffs was void.

d. The plaintiffs are guilty of laches since it took more than 60


years for them to seek the issuance of Torrens title over the
property;

e. All other related matters, facts and circumstances relevant and


materials to this case.

JUDICIAL AFFIDAVIT PROPER

I, GERARDO M. AQUINO, JR., under oath, hereby depose and


state:

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


the record.

A: I, GERARDO M. AQUINO, JR., Filipino, married, of legal


age, and with residence at No.68 South Road, Palandok,
Mandaue City, Cebu, representing EVERSLEY CHILDS
SANITARIUM the defendant in this case.

2. Q: Why are you here now?

A: To give a sworn statement by way of judicial affidavit, the


same to constitute as my direct testimony, in the aboved
captioned case.

3. Q: In what language do you want your examination to be


conducted?

A: In English sir.

4. Q: 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?

A: Yes.
5. Q: Let us now proceed to the Complaint. How are you related to
the defendant in Civil Case No. 1234 before the Metropolitan
Trial Court in Mandaue City for Unlawful Detainer against
Eversley Childs Sanitarium, Jagobiao National High School, the
Bureau of Food and Drugs, and some residents?

A: I am Gerardo Aquino Jr., the representative of Eversley


Childs Sanitarium, one of the defendants in this case.

6. Q: Why are you representing Eversley Childs Sanitarium?

A: I am representing Eversley Childs Sanitarium because I am


the present Chief there.

7. Q: How long have you been working with Eversley Childs


Sanitarium?

A: For about 10 years already.

8. Q: Do you have any idea how Eversley Childs Sanitarium acquired


possession over the subject property?

A: Yes, Sir.

9. How did the Sanitarium acquire possession over the property?

A: The Sanitarium acquired possession over the land by virtue


of Proclamation No. 507 series of 1932.

10. Q: What is this Proclamation No.507 series of 1932 all about?

A: This proclamation reserved certain parcels of land in


Jagobiao, Mandaue City, Cebu as additional leprosarium site for
the Eversley Childs Treatment Station.

11. Q: When was the Proclamation issued?

A: It was issued on October 21, 1932.

12. Q: Is the subject property included in the Proclamation?

A: Yes, the subject property was reserved specifically for


Eversley Childs Sanitarium.

13. Q: Do you have a copy of this Proclamation No. 507? A:

Yes , I have.

14. Q: I will mark the certified true copy of Proclamation No. 507 as
Exhibit “A” and attached it to your judicial affidavit to form part
of it. Do you conform to my action?
A: Yes, I do.

15. Q: So, how many years did the Sanitarium occupy the subject
property, if you have any idea?

A: About 70 years.

16. Q: Why did you say so?

A: Because the construction of the building started sometime on


May 1928 and was completed 2 years later. It was formally
turned over to the government and was opened on May 30,
1930.

17. Q: Do you have any idea of the Transfer Certificate of Title No.
53698?

A: Yes. It was the alleged TCT of the plaintiffs on the subject


property

18. Q: When did you learn or the Sanitarium about this Transfer
Certificate of Title?

A: The Sanitarium learned only about this TCT when the


complaint was filed.

19. Q: Finally, do you know why are executing foregoing sworn


statement in this case?

A: Yes. We are executing this sworn statement to be adapted


as our direct examination in this case to prove our causes of
action for unlawful detainer against the defendants in the above
entitled case, and this Judicial Affidavit be marked as Exhibit
“C”.

IN WITNESS WHEREOF, I hereby affix our signature this 15th


day of May 2005, in Mandaue City, Cebu.

GERARDO M. AQUINO, JR.


Affiant
ATTESTATION

I hereby attest that on May 15, 2005, I have personally


examined the defendant GERARDO M. AQUINO, JR. ; and that I
have faithfully recorded or caused to be recorded the questions
asked and the corresponding answers thereto made by them. I
further attest that, I nor any other person herein present, or assisting
me, never coached GERARDO M. AQUINO, JR.

In Mandaue City, Cebu. May 15, 2005.

ATTY. ALVIN ANGELO RUFINO


Counsel for DEFENDANT
Unit 1624, Mandaue Residences Tower II, Mandaue City
P.T.R. No. 23456 * Mandaue City * October 1,
2004
I.B.P No. 22222 * Mandaue City * July 16, 2004
MCLE No. III 7777 * Mandaue City * April 22, 2004
Roll No. 1234

SUBSCRIBED AND SWORN to before me this 15th day of May


2005 in Mandaue City. Affiant exhibited to me his identification card
bearing his photograph and signature, as follows:

Name Issued by/ID No.

1. GERARDO M. AQUINO, JR. SSS No. 119778

WITNESS MY HAND AND SEAL on the date and at the place


first above-written.

Doc. No. ___; Notary Public Page No. ___;


Book No.___;
Series of 2005.

Copy Furnished:

ATTY. AISHA MIE FAITH M. FERNANDEZ


Counsel for Plaintiff
Unit 123, Victoria Tower I, Rizal Avenue, Mandaue City,
Cebu Email: mie.aisha23@gmail.com
Telefax: (062)-244-9511 or 991-6265

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