REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT OF MATI

11TH JUDICIAL REGION
Mati City, Davao Oriental

SPS. BELINDA Y. LIU and

HSI PIN LIU, Plaintiffs,

- versus - CIVIL CASE NO. CV-_______

FOR: Unlawful Detainer with Damages

MARCELINA ESPINOSA, ET AL., Defendants.

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JUDICIAL AFFIDAVIT OF BELINDA Y. LIU

I, BELINDA Y. LIU, of legal age, married, Filipino, and with residence address at St.
Mary, Tagum City, Davao del Norte , the complainant of this case, state under oath as follows:

PRELIMINARY STATEMENT

The person examining me is Atty. Daisy Felizardo with address at St. Mary’s Ave.,
Tagum City, Davao del Norte. The examination is being held in the same address. I am
answering her questions in English, a language I understand, fully conscious that I do so under
oath, and may face criminal liability for any false testimony and perjury.

Purpose: This Judicial Affidavit of BELINDA Y. LIU, the Plaintiff is executed to serve as her
direct testimony in the instant case. It is being offered to prove:

A.) All the allegations in her complaint including all annexes appended thereto.
B.) All other related matters, facts and circumstances relevant and material to this case.

QUESTION 1 (Q1) : Before we start Ma’am, this counsel should

remind you that you are under oath, understand?

ANSWER 1 (A1) : Yes, Ma’am. I understand.

Q-2 : How are you related to HSI PIN LIU, one of the plaintiffs in this case?

A2 : He is my husband.

Q2 : Do you know defendants Marcelina Espinosa and the rest of the

occupants?

A2 : Yes, Ma’am. I know Marcelina Espinosa, Mary Ann Estrada, Archie

Asumbrado, Inesita Asumbrado, Loreto Tutor, Elias Penas, Benita
Abantao, Basiliza Martizano, Arman Paras, Miguelito Antega,
Joventino Cahulogan, and Tito Tubac, as I met them during our
visits to our property.

Q3 : Could you tell the court how did the defendants Marcelina Espinosa
together with all persons were able to occupy your subject property
 in this case?

A3 : The defendants in this case have possessed the property by mere

tolerance of our predecessor-in-interest.

Q4 : When you acquired the property, did you not request the occupants
to vacate the area?

A4 : We did not request them to vacate the area, Ma’am because at that
time, we have not yet figure out as to the type of business to build
in the area.

Q5 : Are the occupants aware that you are the new owner of the property?

A5 : Yes, Ma’am as they recognized us as the new owners of the same,

especially during our visits to the area.

Q6 : When did you start to request the occupants to vacate the area.

A6 : Around five (5) years ago, Ma’am, when we finally decided to offer
the land for rent to interested parties?

Q7 : What was the reaction of the defendants?

A7 : None, Ma’am. They simply ignored and refused to peacefully vacate

and surrender possession of our property and continued to stay in
the area.

Q8 : After the refusal of the defendants to vacate your property, what

steps did you take, if any?

A8 : I’ve made repeated demands many times in the span of five (5) years.
I, together with my husband would go to Mati City only to request the occupants
to leave the area. Also, every time me and my husband would visit Mati City for a
quick relaxation, we would visit our property and politely talk with the occupants
and their family to peacefully leave the area. We were patient in doing said acts
because we wanted to do it as humane as possible, so as not to aggravate the
situation until we finally decided to make an ultimatum because we are already
losing our expected income out of the said property. So, we sent them final notice
to vacate the area on February 12, 2013.

Q9 : You said that you are going to rent your property, how much would
be the rental fee?

A9 : We will offer it for rent in the amount of FIVE THOUSAND

PESOS (P5,000.00) per month, Ma’am.

Q10 : What is the extent of damage caused by the refusal of the occupants
to vacate your property?

A10 : Due to their refusal to vacate the area, we were not able to realize
the expected income that we were supposed to earn that caused
anxiety and sleepless nights.

Q11 : What do you hope to achieve in this case?

A11 : I hope that the court will decide in our favor and that the occupants
 will finally vacate the area, so that we can continue with our business
transactions.

EXAMINING LAWYER: Affiant further said nothing.

IN WITNESS WHEREOF, I hereby unto set my hand this 15 th day of July 2013 in St. Mary
Ave., Tagum City, Davao del Norte.

BELINDA Y. LIU
Affiant

SUBSCRIBED AND SWORN to before me this 15 th day of July 2013 in St. Mary Ave., Tagum
City, Davao del Norte. Affiant exhibited to me sufficient evidence of her identity.

ATTY. DAISY FELIZARDO

Counsel for the Plaintiffs
Balingao-Cabrera-Ramos-Carulla-Felisardo Law Office
St. Mary’s Ave., Tagum City, Davao del Norte
PTR No. 14344 – TAGUM CITY
IBP No. 062477, TAGUM CITY
Roll of Attorney’s No. 08012020
MCLE Compliance No. V-001, 08/01/19
TIN NO. 020-202-143
Contact Number (084)817-0367
Email address: daisy_bcrcflawoffice@yahoo.com

Doc. No. _____;

Page No. _____;
Book No._____;
Series of _____.

SWORN ATTESTATION
of Examining Lawyer

I, DAISY FELIZARDO, after having been duly sworn to in accordance with law, do
hereby attest:

That I conducted the examination of the witness who executed the foregoing judicial
affidavit; that I faithfully recorded the questions I asked and the corresponding answers that the
witness gave; that neither nor any other person then present coached the witness regarding her
answers.

Done this 15th day of July 2013 in St. Mary Ave., Tagum City, Davao del Norte,
Philippines.

DAISY FELIZARDO
Examining Lawyer

SUBSCRIBED AND SWORN to before me this 15 th day of July 2013 in St. Mary Ave., Tagum
City, Davao del Norte. Affiant exhibited to me sufficient evidence of her identity.

ATTY. JENI MAY CABRAMOS

Notary Public
Until December 31, 2013
PTR No. 15644 – TAGUM CITY
IBP No. 02347, TAGUM CITY
Roll of Attorney’s No. 08013220
MCLE Compliance No. V-001, 08/01/13
TIN NO. 020-305-143
Contact Number (084)817-0579
Email address: jenimayramos1126@gmail.com

Doc. No. _____;

Page No. _____;
Book No._____;
Series of _____.