REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

FIFTH JUDICIAL REGION
MASBATE CITY, BRANCH ___

RUSTICO MC GURK BALDOZ, SR.

Plaintiff,

- versus -

CIVIL CASE NO.____

MARLENE PECSON & ATTY. RUBEN

SONGCO,
Defendants.
x--------------------------------------------------x

JUDICIAL AFFIDAVIT OF
Atty. PABLO M. BAUTISA
-----------------------------------I, Atty. PABLO M. BAUTISTA, ___ years old, Filipino, widower,
residing at _________________________________ , after being
duly sworn in accordance with law, do hereby state under oath my
responses to the following questions propounded to me by Atty.
____________________ at _______________ Law office located at
________________________.
Atty. ______________
Q.

Do you know that the answers you are to give should

be true and correct to the best of your personal
knowledge and any false statement you give may
subject you to criminal prosecution for false
testimony?

A.

Yes, sir.

Offer
-

Judicial Affidavit 1-

Atty. ________________:
The testimony of Atty. Pablo M. Bautista is being offered to
prove that he is not the Notary Public who purportedly notarized
Exhibits E and F that the signatures appearing in the said
documents (Exhs. E and F) purporting to be his signatures are
not his, and it is not true that Mary Mc Gurk, whom he personally
knowss appeared before him on 08 March 1995 in the City of Manila
to acknowledge the said documents before him as a Notary Public.
Direct Examination
1.Q.
A.
2.Q.
A:
3.Q.

A.
4.Q.
A.
5.Q.

A.
6.Q.

Atty. Pablo M. Bautista, do you know a person by

the name of Mary Mc Gurk?
Yes, sir.
Why do you know her?
Both she and I hail from Masbate and we have
known each other for a long time.
How about Marlene D. Pecson who is the defendant
in this case filed by Rustico Baldoz, do you know
her?
Yes, sir.
Why do you know her?
Because she is also from Masbate City where I came
from.
In the year 1995, particularly in the month of March,
did you have a notarial commission from the City of
Manila?
Yes, sir.
Let me show you Exhs. E and F which are the
Affidavit of Adjudication of Sole Heir and the Deed of
Absolute Sale which are both dated 08 March 1995
and which on said date appeared to have been
notarized by a certain Atty. Pablo M. Bautista. Please
go over these documents and tell this Honorable
Court what can you say about these documents?
-

Judicial Affidavit 2-

A.

The signature appearing in both documents (Exh. E

and F) purporting to be my signatures are not my
signatures. They are very different from my usual
signatures during that year (1995).

7.Q.

What else can you say regarding the supposed

acknowledgment before you as a notary public by the
persons named in these documents.

A.

8.Q.

A.

This is a clear case of falsification because on this

particular date of March 1995 I do not remember
seeing Mary Mc Gurk whom I know very well, as well
as Marlene D. Pecson, personally at my office at
Intramuros, Manila.
Aside from your office at Intramuros, Manila, were you
maintaining any other office in Manila or elsewhere in
March of 1995 where you could have notarized these
documents?
No, sir. That was my only office during that time
because I was then employed at Traders Royal Bank.
No further question.

Pasig City, Philippines, 25 March 2013.

Atty. PABLO M. BAUTISA
Witness

Senior ID No.
Issued on
Issued at Las Pias City
SUBSCRIBED AND SWORN to before me this ___ day of March
2013 affiant exhibiting to me his competent evidence of identity
consisting of ________________ bearing his signature and photograph
as above-indicated
Doc. No.
Page No.
Book No.
Series of 2013.

Notary Pubic

Judicial Affidavit 3-

SWORN ATTESTATION
I, ____________________, of legal age, married, Filipino and
holding
office
at
______________________________________________, after being
duly sworn in accordance with law depose and state the following:
1.
I have faithfully recorded or caused to be recorded the
questions I asked and the corresponding answers of Atty. Pablo M.
Bautista;
2.
Neither I nor any person then present or assisting him
coached Atty. Pablo M. Bautista regarding the latters answers.
FURTHER AFFIANT SAYETH NAUGHT.
____________________
Passport No.
Issued at
Expire on
SUBSCRIBED AND SWORN to before me this ___ day of March
2013 affiant exhibiting to me his competent evidence of identity
consisting of passport number bearing his signature and photograph as
above-indicated
Doc. No.
Page No.
Book No.
Series of 2013.

Notary Pubic

Copy furnished:
Atty. Ruben A. Songco
Counsel for the Defendants
_____________________
EXPLANATION
Service of the above pleading was effected to the defendants
counsel by special courier (LBC) due to the distance of his office from the
office of the undersigned and lack of manpower to effect personal service.
Similarly, the filing of this pleading was made by special courier (LBC) due
to the distance of the Court from the office of the undersigned.
________________
-

Judicial Affidavit 4-

Judicial Affidavit 5-