Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

Ninth Judicial Region
Branch 4
Zamboanga City

SPS. VERMELLO DELOS REYES & Special Civil Action

AZULA DELOS REYS, No. 3333-3333-33
Plaintiff,

-versus- -FOR-

SPS. VERDE ODONES &

MARIELLU ODONES UNLAWFUL DETAINER
Defendant.
x - - - - - - - - - - - - - - - - - - - - - - -x

JUDICIAL AFFIDAVIT
(Pursuant to SC A.M. No. 12-8-8-SC)

I, VERMELLO DELOS REYES, of legal age, married, and living at

Tumaga, Zamboanga City, petitioner in this case, state under
oath as follows:

PRELIMINARY STATEMENT

The person examining me is Atty. A’EESA MAR’WA A. ALIHUDDIN,

with address at 123 Building, Normal Road, Baliwasan, Zamboanga
City. The examination is being held at the same address. I am
answering her questions fully conscious that I do so under oath
and may face criminal liability for false testimony and perjury.

OFFER

The testimony Of VERMELLO DELOS REYES is being offered to prove

that:
A.) All the allegations in the complaint including all annexes
appended thereto and which were already marked as exhibits in
this case;
B.) All other related matters, facts and circumstances relevant
and material to this case.

JUDICIAL AFFIDAVIT PROPER

I, VERMELLO DELOS REYES, under oath, hereby depose and state:

Q: Please state your name, age and residence.

A: I am VERMELLO DELOS REYES, 31 years old, married, and living
at Tumaga, Zamboanga City

Q: Why are you here now?

A: To give a sworn statement by way of judicial affidavit, the
same to constitute as my direct testimony, in the above-
captioned case.

Q: For the record, please state the name and address of the
Lawyer who is now conducting or supervising your examination and
the place where the examination is being held now?
A: The person examining me is Atty. A’EESA MAR’WA A. ALIHUDDIN,
with address at 123 Building, Normal Road, Baliwasan, Zamboanga
City. The examination is being held at the same address.

Q: In what language do you want your examination to be

conducted?
A: This judicial affidavit is prepared in English. But I prefer
that my cross examination be conducted in Tagalog for my
convenience and for clarity.

Q: Do you undertake to answer the questions to be asked of you,

fully conscious that you will do so under oath, and that you may
face criminal liability for false testimony or perjury?
A: Yes.

Q: Let us now proceed to the Complaint. How are you related to

the plaintiff in Civil Case No. 3333-3333-33 before the
Metropolitan Trial Court of Zamboanga for Unlawful Detainer
against SPS. VERDE ODONES & MARIELLU ODONES?
A: I am the same.

Q: Do you know defendant SPS. VERDE ODONES & MARIELLU ODONES?

A: Yes. The defendants are occupying the subject property which
I own described under TCT No. 392430 of the Registry of Deeds of
Zamboanga City. A certified true copy of the said TCT is Exhibit
-“A”.

Q: How did the defendant SPS. VERDE ODONES & MARIELLU ODONES
were able to occupy your subject property?
A: They are staying on the said property with a house /
improvements therein, with my mere tolerance of only without any
contract whatsoever and for which there is an implied
understanding to vacate upon the demand

Q: What did you do after defendants’ failure to voluntarily

vacate the occupied property upon upon notice of the termination
of the right of possession?
A: I visited and informed both the defendants that they must
vacate my property because I would use it for my business and
both defendants promised that they would leave the premises. For
their failure to comply with the promise, a written notice was
sent advising them to vacate said property within fifteen (15)
days from receipt of the letter to vacate. The said letter was
sent by registered mail on November 17, 2016, which was duly
received by the defendants; copy of the said demand letter which
was personally received on November 20 , 2016.

Q: What is your proof that you sent a demand letter upon the
defendants?
A: I have here a copy of the demand letter which is Exhibit “C”.

Q: What was the action of defendants after posting the notice to

vacate?
A: None. The defendants refused to vacate and surrender
possession of my property.

Q: What step did you take after the refusal of the defendants to
vacate the subject property despite demand?
A: I initiated a complaint against all occupants before the
Katarungan Pambarangay. For failure to reach a settlement with
the herein defendant, the Lupong Tagamayapa for the Barangay of
Tugbungan issued a Certificate to File Action. Thus, I filed
this action against the defendant in this case for Unlawful
Detainer before the MTC Manila.

Q: In your complaint you are asking for rental for the use and
occupation of the defendants in this case, how much is your
claim for said rentals?
 A: The agreed rental per month which is P 24,000 for the use and
occupation of my property, starting from occupation until the
possession of the subject property is turned over by the
defendants.

Q: Finally, do you know why you are executing foregoing sworn

statement in this case?
A: Yes. I am executing this sworn statement to be adapted as my
direct examination in this case to prove my causes of action for
unlawful detainer against the defendants in the above entitled
case, and this Judicial Affidavit be marked as Exhibit –“F”.

IN WITNESS WHEREOF, I hereby affix my signature this 6th

day of March 2017, in the Zamboanga City.

VERMELLO DELOS REYES

Affiant

EXHIBITS ATTACHED TO THE JUDICIAL AFFIDAVIT

· Exh. “A” to Exh." D”, supra.

ATTESTATION
I hereby attest that on this 6th day of March 2017, I have
personally examined the plaintiff VERMELLO DELOS REYES; and that
I have faithfully recorded or caused to be recorded the
questions asked and the corresponding answers thereto made by
him. I further attest that, I nor any other person herein
present, or assisting me, never coached VERMELLO DELOS REYES
regarding his answers.

In Zamboanga City. March 6, 2017.

ATTY. A’EESA MAR’WA A. ALIHUDDIN

Lawyer- Affiant
Roll of Attorneys No.12345; 5-9-15
IBP No. 123456; 01-10-2015; Zamboanga City
PTR No. 123456; 01-03-2015; Zamboanga City
MCLE Compliance No. V-0001234; 05-13-2015/Z.C
 SUBSCRIBED AND SWORN to before me this 6th day of March
2017 in Zamboanga City. Affiant exhibited to me their
identification cards bearing their photograph and signature, as
follows:

Name: Issued by/ID No.:

VERMELLO DELOS REYES SSS ID – No 12-3456789-0

WITNESS MY HAND AND SEAL on the date and at the place first
above-written.

Doc. No. _____; Notary Public

Page No. _____;
Book No._____;
SERIES of 2016.

Copy Furnished through Personal Service:

ATTY. FATIMA SHENZHEN J. UNGA

Counsel for Defendant
72093 Building, San Jose Gusu, Zamboanga City
Email: Group3CPLaw@google.com
Telefax: (062)-244-4666 or 991-6688