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Republic of the Philippines



Quezon City

Branch 11



- versus - CIVIL CASE NO. 2565








I, KAYE APUYAN, of legal age, Filipino, single, a resident of Quezon City,

am testifying as one of the witnesses for the defendant in the above entitled case,
and, fully conscious and aware that I answer the questions propounded under oath
and may thus be held criminally liable for false testimony or perjury, under oath,
hereby depose and state:

Q1 - Who is the lawyer conducting this examination and please state the place
where this examination is being conducted?

A - Atty._________________________, and the examination is being held at Ligao

Q2 - In what manner has Atty. ________________ conducted the examination, as
regards the questions asked and the answers you gave?

A - Atty. __________________ has encoded in their desktop computer the

questions they prepared, and, read them to me, and asked me to answer each and
every question they ask.

Q3 - Is there anyone else present while the examination is being conducted?

A - None maam.

Q4 - How are you related to Agri Corp., one of the defendants in this case?

A - I am presently the board secretary of Agri Corp. and likewise its authorized
representative to enter into a contract of sale with a certain Marce Lino.

Q5 - Do you have proof to show us that you are indeed the board secretary of Agri
Corp. as well as its duly authorized representative?

A - Yes Mam. I have with me the original copy of my employment contract with
Agri Corp. which took effect on January 4, 2017. I also have with me the original
copy of Board Resolution No. 01-2017 signed by the members of the board
specifically authorizing me to enter in its behalf into a contract of sale with Marce
Lino over a parcel of land with Lot no. 143.

Q6 - You have mentioned a certain Marce Lino. Who is she?

A - She is the seller of the property in question and also claims to be the owner of
the same.

Q7 - Do you believe that she is the owner of the subject property?

A - Initially, I believed so since she has with her the original copy of the title of the
property in her name. But now, I am having some doubts.
Q8 - So, you said that you are the authorized representative of Agri Corp. to enter
into a contract of sale with Marce Lino. Did you do what you are authorized to do?

A - Yes Mam, I entered into a contract of sale with Marce Lino and purchased the
property in the amount of _______________.

Q9 - When and where did this happen?

A - [states date and place]

Q10 - Before the sale was executed, are you aware of any controversy between
Marce Lino and the herein Plaintiffs?

A - No Mam. I only had knowledge about it upon the receipt of the demand letter
from the plaintiff to reconvey the property assailing that the contract of sale which
Agri contracted with Marce Lino is fraudulent.

Q11 - After receiving the demand letter what did you do?

A - We sent them a reply letter asking them how the fraud was committed and
giving them an assurance that Agra is not privy to any fraud being claimed. Agra
even went to the extent of offering reconveyance of the property provided that it
will be reimbursed of its expenses.

Q12 - Did the plaintiff replied to your queries?

A - No Mam. Instead of proving their allegations, they simply filed the instant

Q13 - What do you want to happen now, if any?

A - In behalf of the Agra Corp., I would like this case to be dismissed and to ask
the Plaintiff for damages.

Q14 - What damages are you talking about?

A - In order to protect and defend itself against the unwarranted and baseless
complaint filed by Plaintiff, Defendant had to retain the services of a legal counsel
for whose legal services to pay attorneys fees in the following amounts:
Retainer fee ------- P11, 500.00 per month for the duration of the case

Appearance fee --- P5,000.00 per appearance of counsel before any

court, tribunal or agency, or meeting with clients, witnesses, or others in
relation to this case.

Q15 - What else do you want to say in court?

A - I want to reiterate that Agra, for value, bought a clean title from Marce Lino and
even the Plaintiff fails to show evidence that will prove that Agra acquired the
property fraudulently. If there is any problem between the Marce Lino and his sisters,
the issues should be threshed out among themselves. If without admitting, Marce
Lino indeed committed fraud, then the Plaintiffs should recover their share of the
sale from Marce Lino.

Q16 - Do you have anything more to say?

A - None.

In witness whereof, I here sign my name this __ day of ________, 2017 at

Ligao City, Philippines.


SUBSCRIBED and SWORN to before me, this ___ day of _______, 2017 at
Ligao City, personally appeared KAYE APUYAN with LTO Drivers License No.
HE12345 to expire on 08 March 2019, known to me to be the same person who
executed this Judicial Affidavit and who acknowledged to me that the same as her
free act and deed.

Witness my hand and seal.

Doc. No. ___

Page No. ___
Book No.___
Series of 2017

I, ___________________________________, under my own oath as a

lawyer hereby attest that I conducted the examination of the witness, that I have
faithfully recorded the questions I asked and the corresponding answers that the
witness gave, and that neither I nor any other person, then present or assisting me
coached the witness regarding her answers.

In witness whereof, I here sign my name this ___ day of _________, 2017 at
Ligao City, Philippines.


SUBSCRIBED and SWORN to before me, this ___ day of _________, 2017
at Ligao City, personally appeared ____________________________________
with LTO Drivers License No. IR7890123 to expire on 27 January 2020. I further
certify that I personally examined the affiant and I am satisfied that she fully
understood and voluntarily executed the foregoing attestation.

Witness my hand and seal.

Doc. No. ___

Page No. ___
Book No.___
Series of 2017

Copy furnished: (by personal service)

ATTY. _______________________
Counsel for the Plaintiffs

Ligao City