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Republic of the Philippines

TH
5 MUNICIPAL CIRCUIT TRIAL COURT
FIRST JUDICIAL REGION
TUBA-SABLAN, BENGUET

THE HEIRS OF PANGUE BOS-OY


a.k.a. PANGWE BOS-OY and
BAGAYAN BUS-OY,
Plaintiffs,

-Versus- CIVIL CASE NO. 337

For:
RECOVERY OF OWNERSHIP OF
PARCEL OF LAND

LEONORA G. SACLA, ARTEMIO


GAYAO, ET AL.,
Defendants ,
X-------------------------------------------X

JUDICIAL AFFIDAVIT OF LEONORA G. SACLA

This Judicial Affidavit was taken on the 19 th of December 2013


in the Law Office of Atty. Leonardo L. Lawana at Rm. 334, Adivay
Building Bonifacio St., Baguio City. Atty. Lawana propounded
questions in English, a language which the witness, herein Defendant
speaks and understands.

By way of Formal Offer, the testimony of the witness is offered


in evidence for the purpose proving the allegations of the Defendant
that indeed she and her siblings father is Pangwe Bos-oy who is also
known as Daniel Gayao.

I, LEONORA G. SACLA, of legal age, married , Filipino citizen


and residing at Ampucao, Itogon, Benguet, after having been
sworn in accordance with law, under oath hereby answer the
following questions propounded by Atty. Leonardo L. Lawana to
form part of my direct testimony in the above entitled case. I am
answering the questions fully aware that I am under oath and that I
may face criminal liability for false testimony or perjury:

1. Madam witness, are you the same person who is one of the
Defendants in this case?
Answer: Yes, Sir.
2. Madam witness, how are you related to this Daniel Pangwe
Gayao who is also known as Pangwe Bos-oy?
Answer: He is my father sir.

3. Madam witness, why is your father known also as Pangwe Bos-


oy?
Answer: My father has lived with his uncle Bagayan Bus-oy
when he was still single and thus, he was given the name
Pangwe Bos-oy which was his popular name among his friends
and neighbors;

4. Madam witness, do you have proofs, if any, to show that


indeed your father Pangwe Bos-oy is also known as Daniel
Gayao?
Answer: Yes Sir.

5. What are these evidences madam witness?


Answer: My father is signing his name as Daniel Gayao or
Pangwi Bos-oy in his transactions.

6. Madam witness, what are these transactions?


Answer: Sir I have a copy of a Memorandum Of Agreement
which my father executed way back in 1997 which he signed as
Daniel Gayao over a name Pangwi Gayao . ( Exhibit 4 ) and a
copy of a Deed of Sale of Unregistered Lot executed by
Pangwe Bos-oy wherein my mother, Mary Gayao served as one
of the witnesses in said sale. (Exhibit 6 ;

7. What else do you have as proofs, if any? .


Answer: I have his Identification cards as Senior citizen ( to be
marked as Exhibit 9and series ) as DANIEL GAYAO and
PANGWE BOS-OY bearing identical pictures to prove that the
names belong to one and the same person. I also have his
Voters identification card ( exhibit 10) bearing the name Daniel
Gayao with the same information as his senior citizen card
bearing the name Pangwe Bos-oy;

8. Madam witness, do you know the father of the Petitioners?


Answer: Yes Sir, he is Bagayan Bus-oy;

9. Why is it then that the Petitioners claim that this Pangwe Bos-
oy is their father?
Answer: The reason behind this case is that my father has a lot
which was already been subjected to an extra judicial
settlement and is being eyed by Philex mining Corporation as a
site for their project and when the petitioners learned of this,
they now claim that their father, Bagayan Bus-oy is the owner;
10. So madam witness you are saying that it is only now that
the Petitioners are claiming the Property?
Answer. Yes Sir. There are other properties of our father
Pangwe Bos-oy which we already disposed of but they are only
interested in this particular property because of the deal with
Philex mines;

11. Under your present oath, do you attest to the contents of


your Judicial Affidavit and to be submitted as your direct
testimony?
Answer: Yes, sir because it is the truth.

12. Are you therefore voluntarily affixing your signature on


your affidavit to attest to the truth of its contents?
Answer: Yes sir. I am executing this affidavit to attest to the
truthfulness of the facts recited herein, fully aware that I will be
criminally liable for perjury if I made any false statement and for
all legal intents or purposes it may serve.

IN WITNESS WHEREOF, I have hereunto set my hand this


19TH day of December 2013, at Baguio City, Philippines.

LEONORA G. SACLA
Affiant
CTC NO. 33122551
1-28-2013/ Sablan, Benguet

SUBSCRIBED AND SWORN to before me this 5TH day of


September , 2013 at Baguio City, Philippines by the affiant who was
identified by me through competent evidence representing to me this
integrally complete document and declaring thereof that he has
voluntary affixed his signature and that he executed the document as
his voluntary act and deed.

Doc.No; 287 ATTY. LEONARDO L. LAWANA


PageNo. 58 NOTARY PUBLIC
Book No. XXII Until December 31, 2013
Series of 2013 PTR No. 3052209/IBP No.910559
1-02-2013/Baguio-Benguet

I HEREBY ATTEST that I asked the questions from the affiant


in English which he speaks and understands and faithfully caused the
same to be recorded including the answers the affiant gave in
response to my questions. The affiant was not coached nor assisted
by me or any other person when he gave his answers to the
questions asked.

Baguio City, for La Trinidad, Benguet, Philippines, September


5, 2013.

LEONARDO L. LAWANA
IBP NO. 910559/ 12-2013
Drivers Lic. No. A04-07-002544
2016-03-31

SUBSCRIBED AND SWORN TO before me this___ day of


September , 2013 at Baguio City, Philippines.