Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

10th Judicial Region
---------
City of Malaybalay

RHEA RIZZA P. MELLIZA, Civil Case No. 2364

Represented by her Attorney-
in-fact RHONA LYN
MELLIZA-OCAB
Plaintiff,
-versus- -for-

SPOUSES CONCORDIO FORCIBLE ENTRY AND

PINOHAN AND EPPIE LIPAY- DAMAGES WITH PRAYER
PINOHAN, REX GABAT, FOR WRIT OF PRELIMINARY
members of their household, MANDATORY INJUNCTION
relatives, heirs, assigns, and AND TEMPORARY
several JOHN DOES who have RESTRAINING ORDER AND
entered the property belonging STATUS QUO ANTE
to the Plaintiff upon the instance
of the named Defendants or acting
in their behalf
Defendants.
x------------------------------------------------x

JUDICIAL AFFIDAVIT of PERFECTO S. DUNA

(In lieu of Direct Testimony)

OFFER OF EVIDENCE:

The testimony of Perfecto S. Duna is being offered to prove the

following:

1. That he is a neighbor and a close acquiantance of the

defendants;

2. That he was born and raised in Purok 4, Dalwangan, Malaybalay

City, Bukidnon, where the subject property is located;

3. That no forcible entry occurred on May 2, 2019; and

4. Other matters related to this case.

I, PERFECTO S. DUNA, of legal age, Filipino, widower, and a

resident of Purok 4, Dalwangan, Malaybalay City, Bukidnon, after
having been duly sworn to an oath in accordance with law, executes
this Judicial Affidavit, conducted by ATTY. DENCE CRIS L. RONDON
at Lagamon and Associates Law Office located at 2/F Jamstar
Building, Carillo-San Isidro Streets, Poblacion, Malaybalay, Bukidnon,
after the same was translated and explained to me in Visayan dialect,
in a question and answer form which shall constitute as my direct
testimony in Civil Case No. 2364, and fully aware that I am answering
the questions under oath and under pain of criminal liability in case
of any false or perjured testimony, to wit:

QUESTION AND ANSWER

Legend: Q – Question A – Answer

1. Q : Mr. Witness, will you please state your name,

age and personal circumstances?

A : I am PERFECTO S. DUNA, 71 years old, Filipino,

widower, a farmworker, and a resident of
Purok 4, Malaybalay City, Bukidnon.

2. Q : Why are you here in my office?

A : To testify in the case filed by one Rhea Rizza

P. Melliza represented by Rhona Lynn Melliza-
Ocab;

3. Q : Do you know who is this Rhea Rizza P. Melliza?

A : No, I do not know her;

4. Q : Have you ever seen or met Rhea Rizza P. Melliza?

A : I have not.

5. Q : How about Concordio Pinohan, do you know

him?

A : Yes, he is a long-time neighbor and friend;

6. Q : If you remember, how many years have been

neighbors and friends with Concordio Pinohan?

A : For more than fifty (50) years already;

7. Q : How about Eppie L. Pinohan?

A : I also know her because she is the wife of

Concordio and we are also friends;

8. Q : Where were you born, by the way?

A : I was born at Dalwangan;

9. Q : You also said awhile ago that you are a resident
of Purok 4, Dalwangan, Bukidnon, do you have a
house of your own on Purok 4?

A : Yes, I have my own house;

10. Q : And who owns the lot where your house is

located?

A : I own the land;

11. Q : Since you are neighbors with Concordio and

Eppie, is your lot included in the subject lot of
this case?

A : No, Sir.

12. Q : Since you are neighbors with Concordio and

Eppie, do they have their own house?

A : Yes, they have;

13. Q : And where is that house located?

A : Also in Purok 4, Dalwangan, just a few meters

from my house;

14. Q : And in whose lot, if you know, is the house of

Concordio built on?

A : It is owned by him;

15. Q : Why would you say so?

A : Because I have known him and his for at least

50 years and I could attest that he is the owner
of the same since he has been living there
since;

16. Q : In that span of at least 50 years, did Concordio

and his family leave the land you said that is
owned by Concordio?

A : No, they did not;

17. Q : And this same land, was this sold by Concordio?

A : No, he did not because he would never sell the

same since it is the source of his livelihood and
 he had been living in the land for so many
years;

18. Q : To continue, would you be able to see

Concordio’s house from your house?

A : Yes;

19. Q : And would you be able to notice if there are any

untoward incident in the house or in the area?

A : Yes, because my house is just near his;

16. Q : If you remember, where were you on May 2,

2019?

A : I am working at that time in a nearby farm;

20. Q : How is that nearby farm from the house of

Concordio?

A : It is just near and I could see his house from

where I work;

21. Q : Was there any untoward incident on that day of

May 2, 2019?

A : No, there was none;

21. Q : I no longer have any more questions, do you have

anything else to add, Mr. Witness?

A : None;

22. Q : Will you execute this Judicial Affidavit on your

own free will?

A : Yes, I will execute this Judicial Affidavit on my

own free will without any form of force,
violence or intimidation to attest to the truth of
the foregoing facts.

23. Q : Have you read and understood the contents of

this Judicial Affidavit?

A : Yes, I have read and have fully understood the

contents of this Judicial Affidavit.
 24. Q : Do you have anything more to add to your
testimony?

A : None as of the moment.

No further questions.

Affiant further sayeth naught.