REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
Branch No. 37, Manila

IN THE MATTER OF THE

PETITION FOR ALLOWANCE
OF THE WILL OF THE
LATE NIEVES O. CARILLO

Spec Pro. Case No. 10124859.

Atty. Romualdo A. Din, Jr.

Petitioner.
x------------------------------x

JUDICIAL AFFIDAVIT OF WITNESS

ATTY. NELSON M. BRONDIAL

PURPOSE OF OFFER

To prove the material allegations in the petition more particularly his

role as the Notary Public before whom the testator Nieves o. Carillo
voluntarily executed her Last Will and Testament in question with all the
requirements and solemnities of the law in the presence of witnesses and
while of sound mind and cognizant of the objects of her bounty.

PRELIMINARY STATEMENT

I am executing this Judicial Affidavit in question and answer form

with me personally propounding the question and answering the same
which were done in my law office situated at 854 San Diego St., Sampaloc,
Manila.
I am fully aware that I am answering the questions under oath and
that should I answer the same falsely, I am liable to be charged with perjury
or false testimony.
 I am Atty. Nelson M. Brondial, 60 years of age, married, Filipino, a
practicing lawyer and resident of 962 Maceda St., Sampaloc, Manila, after
having been duly sworn to under oath, hereby depose and state that:

Q1: You stated that you are a practicing lawyer, besides being such, have
you held other positions?
A1: Yes, as Notary Public.

Q2: Since when you have been a lawyer?

A2: Since passing the bar examinations in 1987, and continuously up to
present.

Q3: When were you first appointed as Notary Public and in what place?
A3: Sometime in 1995. I was appointed as such for and within City of
Manila.

Q4: Where do you hold office as practicing lawyer and Notary Public?
A4: At 854 San Diego St., Sampaloc, Manila.

Q5: On February 16, 2007, were you already a Notary Public?

A5: Yes, sir.

Q6: What proof do you have that you were appointed or commissioned
as Notary Public for that year in City of Manila?
A6: My commission issued by the Executive Judge of the Regional Trial
Court of Manila.

Q7: I am showing this appointment or commission of Atty. Nelson M.

Brondial as Notary Public which I respectfully request to be marked
as Exh. U, what relation has this to your appointment or
commission as Notary Public for that year 2007 in City of
Manila?
A7: This is the commission issued to me.

Q8: Do you know a certain Nieves O. Carillo?

A8: Yes, sir.

Q9: Are you by any chance related to her by affinity to consanguinity?

A9: No, sir.

Q10: How did you happen to know her?

A10: She came to my office and asked me whether I can assist her in the
execution of her notarial last will and testament.

Q11: What was your respond?

A11: I said yes and then she asked the requirements for its execution.

Q12: What did you tell her?

A12: I told her that the testator must be of sound mind, personally knows
the property or properties he/she intends to bequeath or devise, the
proper object of his/her bounty and that he/she should be absolutely
free from making any disposition thereof without any force,
intimidation or undue influence from anybody.

Q13: What other things did you tell her, if any?

A13: I also told her the requirement of law that there should be at least
three instrumental witnesses to the will who should be signing
together with the testator and me on the same occasion and in the
presence of one another the said document. I also told her that the
testator and the witnesses should have competent evidence of
identity which are necessary to be reflected in the will.

Q14: What did Nieves O. Carillo tell you after that?

A14: She told me that she will call me up to have an appointment with me
for the execution of her last will and testament.

Q15: What else happened after that?

A15: She called me up after a few days and asked for an appointment on
February 23, 2007 for the execution of her last will and testament.

Q16: What happened on the said date, if there is any?

A16: She together with Laurence Joseph B. Reyes, Hope A. Reyes and Aleli
F. Fajutrao, came to my office for the said purpose.

Q17: Can you describe the testator Nieves O. Carillo when you saw her on
that occasion?
A17: She was already on her advanced age but nevertheless answered my
questions intelligently when I interviewed her.

Q18: What particular questions did you asked her?

A18: I asked her what brought her and the others to my office.

Q19: What was her answer?

A19: She spontaneously replied that she wanted to execute her last will
and testament.

Q20: What else did you asked her?

A20: I asked her what property/properties did she own that she wanted to
dispose in the her will.
Q21: What was her answer?
A21: She mentioned her house and lot located at 930 Don Quijote St.,
Sampaloc, Manila which she wanted to bequeath to her niece
Ederlina M. Villamayor.

Q22: What else did you asked her, if any?

A22: I asked her whose decision was it to bequeath the said house and lot
to her nephew.

Q23: What was her answer?

A23: She told me that it was her own decision and nobody else.

Q24: What was your assessment as to her mental condition at that time?
A24: I was pretty satisfied that she was of sound mind and personally
knew what he was doing without anybody telling her what to do.

Q25: What happened next after that?

A25: I drafted a two page last will and testament including the attestation
and acknowledgement and read and explained it to her.

Q26: What was the reaction of Nieves O. Carillo after that?

A26: She gave me her OK and asked her to sign the will in the presence of
the three witnesses that she brought in my office.

Q27: Then, what happened next?

A27: The three witnesses also signed the will and the attestation clause in
my presence, the testator and of one another.

Q28: What happened next?

A28: I notarized the will and gave a copy of the same to the testator and
the person named as executor.

Q29: I am showing to you a two page LAST WILL AND TESTAMENT OF

NIEVES O. CARRILLO dated February 23, 2007 which was marked
Exh. A, what relation has this to the last will and testament that
you mentioned?
A29: This is the one, sir.

Q30: I invite your attention to the signature over the printed name Nieves
O. Carillo in the will, whose signature is this?
A30: That is the signature of Nieves O. Carillo.

Q31: How do you know?

A31: I was present when she signed the will.
Q32: How about the signatures over the names of Laurence Joseph B.
Reyes, Hope A. Reyes and Aleli F. Fajutrao, whose signatures are
those?
A32: These are the respective signatures of the said persons.

Q33: How do you know?

A33: I was present when they signed the it.

Q34: How about the signatures over the name of Atty. Nelson M. Brondial,
Notary Public in the said document, whose signature is that?
A34: That is mine, sir.

Q35: Do you affirm and confirm the truth of everything you stated in this
Judicial Affidavit which I request to be marked as Exh. R and your
signature Exh. R- 1?
A35: Yes, sir.

City of Manila, February 9, 2018.

ATTY. NELSON M. BRONDIAL

Affiant
Senior Citizen ID No. 123454
Issued at City of Manila
On January 31, 2018

SUBSCRIBED AND SWORN to before me this 9th day of February,

2016 at City of Manila. Further, I certify that I personally examined the
herein affiant that he voluntarily executed and fully understood his
statements

Atty. Adrian N. Cojuangco

Notary Public

Doc. No. __
Page No. __
Book No. __
Series of 2018.
 ATTESTATION

I Atty. Irwin B. Marzan, with office address at 658 Antipolo St.,

Sampaloc, Manila hereby depose and states:
That I have personally conducted the foregoing examination to the
witness-affiant Atty. Nelson M. Brondial at 854 San Diego St., Sampaloc;
That I have faithfully recorded and translated into English language
the questions asked of him/her and the corresponding answers that he/she
gave in response to the questions asked;
Neither I nor any other person/s coached this witness-affiant
regarding the answers given by her.

IN WITNESS WHEREOF, I hereunto set my hand below this 9th day of

February, 2018 at City of Manila.

Atty. Irwin B. Marzan

Counsel for the Petitioner
Roll No. 44277
PTR No. 8263399
IBP No. 746118
MCLE Compliance No. III-0014830
Issued on January 3, 2018
Landline No. 297-4604

SUBSCRIBED AND SWORN to before me this 9th day of February,

2016 at City of Manila. Further, I certify that I personally examined the
herein affiant that he voluntarily executed and fully understood his
statements.

Atty. Adrian N. Cojuangco

Notary Public

Doc. No. __
Page No. __
Book No. __
Series of 2018.