Republic of the Philippines

MUNICIPAL TRIAL COURT

First Judicial Region
La Trinidad, Benguet
MARIVIC SAN JOSE,
Plaintiffs,
Civil Case No. R-12735
For: UNLAWFUL DETAINER
with DAMAGES

-versus-

ANTONIETA SALUNGASING,
Defendant.
x--------------------------------------------------x
JUDICIAL AFFIDAVIT
(On Direct Examination of GRACE LYN DAGDAGAN)
SUBSCRIBED AND SWORN TESTIMONY of GRACE LYN DAGDAGAN,
Filipino, of legal age, married and a resident of Km. 8 Camp Bado Dangwa, La Trinidad,
Benguet, on questions propounded by ATTY. LAWRENCE L TABCAO with office
address at Room 33 EDY Building, Km. 4, La Trinidad, Benguet. Atty. TABCAO
conducted the examination of the witness in English, and translated in Ilocano, a
language known and understood by her and that her answers were likewise translated
in English. She was informed that her answers are under oath and warned her that any
untruthful statement that she makes will be a ground to charge her of the criminal
offense for perjury or giving false testimony.
Q.
NO.
1
2
3

QUESTIONS
Madam Witness, are you familiar with the
property subject of this case?
Why do you say that you are familiar with the
property subject of this case?
Please tell the Honorable Court how and why
you became the owner of the property subject of
this case Madam Witness.

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ANSWERS
Yes, sir.
Because I own the property,
sir.
On July 14, 1990, before the
killer earth quake, the
plaintiffs
executed
an
agreement with my late
father, NAVALE LARUAN,
for the former to sell to the
latter a portion of their
above-described lot with an
area of about 40 square
meters pending the final
determination of the area
actually improved by my late
father. That the agreed total

Q.
NO.

10

11

QUESTIONS

ANSWERS

consideration
was
P70,000.00 to be paid in
installment
and
the
corresponding
Deed
of
Absolute Sale be executed
upon full payment.
Do You have any evidence to show that indeed Yes, sir.
there was agreement between your later father
with the plaintiffs and that he paid the amount of
P70,000.00?
If you will be shown the agreement signed by Yes, sir.
the plaintiffs and your late father, as well as the
Acknowledgment receipt that you mentioned,
will you be able to identify the same?
I am showing to you an Agreement dated July Yes,sir.
14, 1990 between Navale Laruan and Marivic
San Jose as well as an Acknowledgment
Receipt dated February 21, 1990, are these the
documents you are referring to?
The Agreement is hereto attached and
marked
as
Exhibit
1
and
the
Acknowledgement Receipt as Exhibit 2 for
the defendant.
You mentioned that you acquired the interest of Yes, sir. I have the Deed of
your father and in addition to that, you paid Sale of a portion of
another P70,00.00 so that the area will be Registered Land covered by
increased from 40 square meters to 65 square TCT No. T-19775 issued by
meters. Do you have any evidence to that?
the Register of Deeds of
Benguet.
If you will be shown a copy of the title of the Yes, sir.
plaintiffs where the 65 square meter portion was
sold to you, will you be able to identify the
same?
I am showing to you a copy of TCT No. T-19775 Yes, sir that is the one.
issued by the Register of Deeds of Benguet, is
this title from where the 65-square meter portion
was sold to you?
A copy of TCT No. T-19775 is hereto attached
and marked as Exhibit 3 for the defendant.
You mentioned a Deed of Sale executed in your Yes, sir.
favor for the 65-square meter portion as well as
an acknowledgement receipt which you said
where you paid another P70,000.00. If those
documents will be shown to you, will you be able
to recognize the same?
I am showing to you a Deed of Sale executed by Yes, sir.
the plaintiffs in favor of Rosemarie Agustin dated

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Q.
NO.

12

13

14

15

16

17

18

19

QUESTIONS

ANSWERS

February 21, 1990, is this the document you are

referring to?
The Deed of Sale dated February 21, 1990 is
hereto attached and marked as Exhibit 4
for the defendant.
I also have here an acknowledgement receipt Yes,sir.
dated February 21, 1990 in the amount of
P70,000.00 representing full and complete
payment for the 65 square meter portion sold to
you, is this the one you are referring to, Madam
Witness?
The acknowledgment receipt dated February
21, 1990 is hereto attached and marked as
Exhibit 5 for the defendant.
After the execution of the Deed of Sale on I paid the corresponding
February 21, 1990, what did you do?
capital
gains
tax
and
documentary stamps tax with
the BIR, preparatory to the
transferring my name, sir.
If you will be shown the Certificate Authorizing
Yes, sir.
Registration by the BIR, will you be able to
identify the same?
I am showing to you a Certificate Authorizing Yes, sir.
Registration, is this the one you are referring to?
The Certificate Authorizing Registration is
hereto attached and marked as Exhibit 6
for the defendant.
Were you able to transfer the title for the 65 No, sir because they did not
square meter portion since you have already give their title for the
paid the BIR the required taxes and there is subdivision to be approved
already a Certificate Authorizing Registration?
by the Bureau of lands so
that the 65 square meters
will be segregated from the
title and a title for the 65square meter portion be
issued to me.
Do you know whether the plaintiffs ever sold a Yes, sir. They sold a portion
portion of their lot to others?
Jewel Butigs that is why their
title was changed with a
smaller area after deducting
what was sold to Mrs. Butigs.
What did you do when you found out that they I filed an Affidavit of Adverse
allowed the subdivision of their so that a portion Claim before the Register of
sold to Mrs. Butigs will be segregated from their Deeds of Benguet, sir.
title while the one sold to you was not?
If you will be shown a copy of their new title after Yes, sir.
the portion sold to Mrs. Butigs was segregated,

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Q.
NO.
20

21

22

23

24

25

26
27

28

QUESTIONS
will you be able to identify the same?
I am showing to you TCT No. T-39305, is this
their new title after the portion sold by them to
another was segregated?
A copy of TCT No. T-39305 is hereto attached
and marked as Exhibit 7 for the defendant.
You mentioned about an Affidavit of Adverse
Claim that you filed with the Register of Deeds
of Benguet, if you will be shown the same, will
you be able to identify the same?
Is this the one you are referring to, an Affidavit of
Adverse Claim of Adverse Claim dated August
15, 2001?
The Affidavit of Adverse Claim is hereto
attached and marked as Exhibit 8 for the
defendant.
As a result of the plaintiffs refusal to give their
title so that a subdivision survey could be done
and that the 65-square meter portion sold to you
will be transferred into your name, what did you
do?

ANSWERS
Yes, sir.

Yes, sir.

Yes, sir.

I asked Atty. Tonsky Subido

to send a demand letter to
them for the transfer in my
name of the said portion or
else I will file criminal and
civil cases against them in
court.
If you will be shown said Demand Letter from Yes, sir.
Atty. Tonsky Subido, will you be able to identify
the same?
I am showing to you a Letter of Demand from Yes, sir.
Atty. Tonsky Subido to the plaintiffs dated
February 22, 2005, is this the one you are
referring to?
The Demand Letter is hereto attached and
marked as Exhibit 9 for the defendant.
Were the plaintiffs able to receive the demand Yes, sir.
letter mentioned to you?
What happened after they received it?
We met and they agreed that
there will be partition and
subdivision of their lot so the
area they sold to me will be
transferred in my name, sir.
But they asked me again to
pay
an
additional
P100,000.00.
Did you agree to pay an additional P100,000.00 Yes, sir in order to buy piece
despite having paid P70,00.00 in 1990 and with the condition that they
P70,000.00 by your father in 1997-98?
will immediately transfer
possession of the building
standing on the second lot

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Q.
NO.

29
30

31

32
33

34

35

36

QUESTIONS

ANSWERS

sold to me and that they will

immediately vacate the same
and that I will start collecting
rentals from those who are
renting therein, including the
stall now occupied by
Anthony Eda. The other titled
lot is where our house
stands.
Did they agree to your condition?
Yes, sir.
As a result of their agreement to your condition The
executed
several
for giving an additional P100,00000 despite documents and I also signed
having fully paid the amount of P120,000.00 a document with them.
earlier for the same property, what did you do
and the plaintiffs?
So what documents did they and you executed We
executed
a
so that there will be subdivision of their bigger Memorandum of Agreement
title in their names and new titles will be issued and Partition Agreement.
in your name for the portions that you brought?
Then, the plaintiffs executed
a Confirmatory Deed of Sale
in my favor for 65 square
meters.
If you will be shown those documents, will you Yes, sir.
be able to identify the same?
I am showing to you a Memorandum of Yes, sir.
Agreement,
Partition
Agreement
and
Confirmatory Deed of Sale, all dated March 4,
2005, are these documents you are referring to?
The Memorandum of Agreement, Partition
Agreement and Confirmatory Deed of Sale
are hereto attached and marked as Exhibit
10, 11, and 12 for the defendant.
Were you able to pay the additional Yes, sir. The plaintiffs and
P100,000.00 which they demanded though you their
children
different
have paid amount of P120,000.00 already for receipts evidencing receipt of
the said lot and improvement?
the P100,00.00.
I am showing to you an Acknowledgment Yes, sir.
Receipt signed by the plaintiffs and their three
(3) children, is this the one you are referring to?
The Acknowledgment Receipt signed by the
plaintiffs for P100,00.00 is hereto attached
and marked as Exhibit 13 for the
defendant.
As a result of the above documents that were Yes, sir. I was issued TCT
signed by the plaintiffs and also by you, were No. T-57352 with an area of
you able to transfer title in your name for the 57 18 square meters and TCT
square meters sold to you?
No. T-57353 with an area of

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Q.
NO.

37
38

39

40

41

42
43

QUESTIONS

ANSWERS

38 square meters or a total

of an only 56 square meters
which is less than 57 square
meters sold to me as
mentioned
in
all
the
documents signed be the
plaintiffs as having been sold
by them to me.
If you will be shown those titles, will you be able Yes, sir.
to identify the same?
I am showing to you TCT No. T-357352 and Yes, sir.
TCT No. T-57353, are these the titles in your
name for the 56-square meter portion finally
transferred to you?
Copies of TCT No. T-357352 and TCT No. T573653 are hereto attached and marked as
Exhibit 14 and 15 for the defendant.
After you were issued titles, did they comply in No, sir. They did not.
transferring possession of the lot and the
improvements that were sold to you and paid it
twice?
So what did you do?
I filed Civil Case No. 05-CV2125 for Transfer/Delivery of
Real Property with Damages
before the RTC of La
Trinidad, Benguet, sir.
How about the plaintiffs?
They also filed Civil case No.
05-CV-2124
for
the
Annulment of the above
documents
thate
were
executed on March 4, 2005
and for the annulment of our
titles.
Do you know what happened to those two (2) Yes, sir.
cases?
What was the decision of the RTC of La RTC 62 of La Trinidad,
Trinidad, Benguet in those two (2) cases?
Benguet
granted
my
complaint and dismissed the
plaintiffs complaint. The
plaintiffs were ordered to
deliver
and
transfer
possession of the property
sold to me as well as to pay
rentals in the amount of
P3,000.00 per month from
May 10, 2005 until the same
is actually delivered to me

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Q.
NO.

44
45

46
47

48

49

50

51

QUESTIONS

ANSWERS

and they were likewise

ordered to pay P40,000.00 in
attorneys fees.
If you will be shown a copy of the Decision of Yes, sir.
RTC 62, will you be able to identify the same?
I am showing to you a Decision dated August Yes, sir.
15, 2008 be the Honorable Danilo Camacho
consisting of 16 pages, is this the one you are
referring to?
The Decision of RTC 62 dated August 15,
2008 is hereto attached and marked as
Exhibit 14 and 15 for the defendant.
Do you know what happened to the said The plaintiffs appealed it to
Decision of RTC 62?
the Court of Appeals, sir.
Do you know what happened to their appeal?
Their appeal was denied by
the Court of Appeals and
their
Motion
for
Reconsideration was denied,
sir.
If you will be shown the Decision and Resolution Yes, sir.
of the Court of Appeals, will you be able to
identify the same?
I am showing to you a Decision and Resolution Yes, sir.
of the Court of Appeals in the case of MARIVIC
SAN JOSE, CA GR CV No. 92480, are these
the documents you are referring to?
The decision of the RTC and affirmed by the No, sir. Worse, they even
Court of Appeals directed the plaintiffs to pay want to collect rentals from
you rentals for the lot and improvement sold to those who are occupying the
you. Did they you rentals from the time the RTC same
though
they
directed them to pay you?
themselves
who
are
occupying my lot and the
improvement are not paying
to me.
I have no more questions to ask Madame Yes, sir.
Witness, are you voluntarily willing to sign your
Judicial Affidavit?

GRACE LYN DAGDAGAN

Witness for the Defendant
SUBSCRIBED AND SWORN to before me this 17th day of October, 2013, at La
Trinidad Benguet by affiant who exhibited her Drivers License Card, 3789967, which is
a competent evidence of her identity.

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ATTY. FERNANDO MARI

Municipal Prosecutor
La Trinidad, Benguet

LAWYERS ATTESTATION

I, ATTY. LAWRENCE L TABCAO, am the lawyer who conducted the

examination on direct testimony of Grace Lyn Dagdadan, hereby attests that I have
faithfully recorded or caused to be recorded the questions asked her and her
corresponding answers that she gave. Neither I nor any other person then present or
assisting her examination had ever coached him regarding her answers.

ATTY. FERNANDO MARI

Municipal Prosecutor
La Trinidad, Benguet

Copy furnished:
ATTY. JHAN BELLE MENDOZA
Room 21 Dap ayan Building
Km 6, La Trinidad, Benguet

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