Republic of the Philippines

REGIONAL TRIAL COURT

Region VII Judicial Region
Branch 24
Cebu City

ELISABETH SIMOUNA,
Complainant,
-versus-

I.S. No. 20000

For: Estafa

JOY B. LOPEZ,
Respondent.

JUDICIAL AFFIDAVIT OF THE WITNESS

ELIABETH SIMOUNA

I, ELISABETH SIMOUNA, 52 years old, widow, and living at Cebu

City, witness in this case, state under oath as follows;
PRELIMINARY STATEMENT
The person examining me is Atty. Pedro Tan with address at
Talamban, Cebu City. The examination is being held at the same
address. I am answering his questions fully conscious that I do so
under oath and may face criminal liability for false testimony and
perjury.
PURPOSE: This affidavit/testimony of ELISABETH SIMOUNA is
being offered to prove that the defendant committed fraud and
misappropriated the money amounting to almost P500,000.00.

1. Q. Please state your name and other personal circumstances

for the record.
A. I am ELISABETH SIMOUNA, 52 years old, widow, and a
resident of Cebu City.

2. Q. Do you know personally Ms. Joy B. Lopez?

A. Yes, sir.
3. Q. How did you know Ms. Lopez?
A. She was introduced to me by my former classmate in
college and former Mayor of Talisay, Basilio Mercado.
4. Q. Why was she introduced to you by your former classmate
in college?
A. I bought several lots in the outskirts of Cebu City which are
not yet titled so I went to my former classmate Mercado if he
knows anyone who can help me apply for a title for the said
lots under my name. Mercado referred Joy B. Lopez, whom
he claims to be an old associate and the one who processed
the transfer of the properties he bought.
5. Q. When was the first time you met her?
A. I first met her last February 12, 2015 when we agreed that
she will process the titling and transfer of titles.
6. Q. What happened after your first meeting?

A. She would usually ask for cash from me for the payment of
capital gains tax, documentary stamp tax and other fees
due to the government.
7. Q. Do you have any proof for these transactions?
A. Yes, sir. I have acknowledgment receipts duly signed by her.
(Photocopy the acknowledgment receipts are hereunto
attached as Exhibit A).
8. Q. How much is the total amount that you already gave her?
A. Based on my personal accounting, I already gave her
almost P500,000.00
9. Q. After receiving the said amount, was she able to produce
receipts for the payment of taxes and other fees due to the
government?
A. No sir. In fact, after six months I already demanded from
her the title.
10.
Q. After the demands you made from her, was she able
to deliver the titles?
A. At first she said that the title was still with the regional
director of the register of deeds for signature. So I waited
for 2 weeks before she finally delivered the 3 titles of the
properties under my name.
11.

Q. What did you do after you received the title?

A. I felt that something was amiss so I went to the Register of

Deeds of Cebu City and asked for the certified true copy of
the titles.
12.
Q. What is the result of the verification from the
Register of Deeds?
A. The director of the Register of Deeds of Cebu City issued a
certification that the 3 titles delivered to me Joy B. Lopez
belongs to 3 other owners and covered by different title
numbers.
13.

Q. Do you have a copy of the said certification?

A. Yes sir, I have a copy of the certification issued by the

director of the Register of Deeds.
(Photocopy of the certification is hereunto attached as
Exhibit B).

IN WITNESS WHEREOF, I hereunto set my hand this 24 th day of

September 2015 at Cebu City.

ELISABETH SIMOUNA
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME a notary public in and
for Cebu City this 24th day of September 2015. Affiant personally
came and appeared her Passport issued by the Department of
Foreign Affairs, bearing his signature and photograph, known to me
as the same person who personally signed the foregoing instrument
before me and avowed under penalty of law to the whole truth of the
contents of said instrument.

ATTY. PEDRO TANCINCO JR.

Notary Public
Doc No. 11
Page No. 131
Book No. 2
IBP Lifetime Roll No. 123456
MCLE Compliance Certificate No. 100

I, PEDRO TAN, of legal age, Filipino, with postal address at No. 28

Hustisya St., Talamban, Cebu City, after duly been sworn depose
and say that;
I was the one who conducted the examination of witness,
ELISABETH SIMOUNA at my aforementioned office in Talamban,
Cebu City.
I have faithfully recorded or caused to be recorded the questions I
asked and the corresponding answers that the witness gave.
I, nor any other person then present or assisting her, coached the
witness regarding her answers.
IN WITNESS WHEREOF, I have hereunto set my hand this 24 th day
of September 2015 at Cebu City

ATTY. PEDRO I. TAN

Affiant

SUBSCRIBED AND SWORN TO BEFORE ME a notary public in and

for Cebu City this 24th day of September 2015. Affiant personally
came and appeared
his Drivers License issued by Land
Transportation Office, bearing his signature and photograph,
known to me as the same person who personally signed the
foregoing instrument before me and avowed under penalty of law to
the whole truth of the contents of said instrument.

ATTY. PEDRO TANCINCO JR.

Notary Public

Doc No. 11
Page No. 131
Book No. 2
IBP Lifetime Roll No. 123456
MCLE Compliance Certificate No. 100

Republic of the Philippines

REGIONAL TRIAL COURT
Region VII Judicial Region
Branch 24
Cebu City

ELISABETH SIMOUNA,
Complainant,
-versus-

I.S. No. 20000

For: Estafa

JOY B. LOPEZ,
Respondent.
JUDICIAL AFFIDAVIT OF THE WITNESS
MARIA LUISA G. OSMENA
I, MARIA LUISA G. OSMENA, 65 years old, widow, and living at
Cebu City, witness in this case, state under oath as follows;
PRELIMINARY STATEMENT
The person examining me is Atty. Pedro Tan with address at
Talamban, Cebu City. The examination is being held at the same
address. I am answering his questions fully conscious that I do so
under oath and may face criminal liability for false testimony and
perjury.
PURPOSE: This affidavit/testimony of MARIA LUISA G. OSMENA is
being offered to prove that she was the registered owner of a parcel
of land with TCT NOs. 12345, 34567, and 89102 and to prove that
the title issued to ELISABETH SIMOUNA is falsified.
1. Q. Please state your name and other personal circumstances
for the record.
A.

I am MARIA LUISA G. OSMENA, 62 years old, widow, and

a resident of Cebu City.

2. Q. Do you have any property?

A. Yes sir. I owned parcel of located at Brgy. Pit-os.

3. Q. How did you acquire that parcel of land?
A. I bought that land from Mr. Juan dela Cruz.
4. Q. When did you acquire that parcel of land?
A. I bought that from Mr. dela Cruz last May 8, 1998.
5. Q. Can you please read the TCT. Nos. And the location of the
said lots?
A. TCT No. 34567, Brgy. Guba, Cebu City. TCT No. 12345,
Brgy. Sirao, Cebu City.
6. Q. Can you please read the name of owner of the lots?
A. Maria Luisa Osmea.
7. Q. Is this you?
A. Yes.
8. Q. Do you have a proof that you owned that land?
A. Yes sir. I have a photocopy of the Certificate of Title under
my name.
9. Q. Do you know a person named Joy B. Lopez?
A. No sir.

10.
Q. Are you aware that your certificate of title is also
issued to another person?
A.

No sir, because as far as Im concerned, I have not

alienated that said land and therefore I am still the
registered owner of the property.

IN WITNESS WHEREOF, I hereunto set my hand this 24 th day of

September 2015 at Cebu City.

MARIA LUISA G. OSMENA

Affiant
SUBSCRIBED AND SWORN TO BEFORE ME a notary public in and
for Cebu City this 24th day of September 2015. Affiant personally
came and appeared her Senior Citizen ID issued by the City of
Cebu, bearing his signature and photograph, known to me as the
same person who personally signed the foregoing instrument before
me and avowed under penalty of law to the whole truth of the
contents of said instrument.

ATTY. PEDRO TANCINCO JR.

Notary Public
Doc No. 11
Page No. 131
Book No. 2
IBP Lifetime Roll No. 123456
MCLE Compliance Certificate No. 100

I, PEDRO TAN, of legal age, Filipino, with postal address at No. 28

Hustisya St., Talamban, Cebu City, after duly been sworn depose
and say that;
I was the one who conducted the examination of witness,
ELISABETH SIMOUNA at my aforementioned office in Talamban,
Cebu City.
I have faithfully recorded or caused to be recorded the questions I
asked and the corresponding answers that the witness gave.
I, nor any other person then present or assisting her, coached the
witness regarding her answers.
IN WITNESS WHEREOF, I have hereunto set my hand this 24 th day
of September 2015 at Cebu City
ATTY. PEDRO I. TAN
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME a notary public in and
for Cebu City this 24th day of September 2015. Affiant personally
came and appeared
his Drivers License issued by Land
Transportation Office , bearing his signature and photograph,
known to me as the same person who personally signed the
foregoing instrument before me and avowed under penalty of law to
the whole truth of the contents of said instrument.

ATTY. PEDRO TANCINCO JR.

Notary Public

Doc No. 11
Page No. 131
Book No. 2
IBP Lifetime Roll No. 123456
MCLE Compliance Certificate No. 100