REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT

REGION VII
CEBU CITY, BRANCH 3

CONNIE MONTILLA
Plaintiff,
-Versus-
Civil Case No.11111
For: Unlawful Detainer

IMMA CONCEPION
Defendant,
x- - - - - - - - - - - - - - - - - - - - - - - - x

JUDICIAL AFFIDAVIT OF IMMA CONCEPCION

This Judicial Affidavit of CONNIE MONTILLA, who is the plaintiff,, is executed to serve as his direct
testimony in the instant case.

This Judicial Affidavit is being offered to prove the following:

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

This Judicial Affidavit was taken at the office of Atty. Carlo Gotidoc at 83 Don Jose Avila St., Cebu City
Questions were propounded by Atty. Carlo Gotidoc and questions are numbered consecutively and
each question is followed by an answer of the witness.

1. State you name and your personal circumstances.

A. My name is Connie Montilla and I am 50 years old, Filipino. I am a resident of 41-A Don Jose
Esguerra St., Cebu City

2. Do you swear to tell the truth and nothing but the truth being aware you can face criminal liability for
false testimony or perjury if you will not tell the truth?
A. Yes. I do swear.

3. Do you know Imma Concepcion?

A. Yes

4. How do you know her?

A. She is my distant relative

5. I am showing you this document, herein referred to as Annex 1. Do you know this document?
A. Yes, I do.

6. What is this document?

A.It is the Transfer Certificate of Title entitled TCT No. T-111111 of the 600 square meter lot located at
Cebu City, with my name as owner.

7. What occurred in the year 2008 regarding this lot?

A. Imma Concepcion came to me and asked if she can occupy a portion of my lot in Cebu City.

8. What will they build in the said lot?

A. A house made of light materials.

9. What did you say after she approached you with the request to build the house of light
materials?
A. I told her she can build the house.

10. Was there a written contract made when you allowed the Imma Concepcion to occupy said lot?
A. There was no contract, I just allowed her to occupy for she is my relative and that there was no one
who has occupying the lot. And she did say she was only to build light materials.

11. Were there any conditions made regarding the allowance of occupation of Imma Concepcion in the
said lot?
A. No conditions, except that if I will be needing the said lot they should vacate the premises.

12. Did you demand payment of rentals to such occupation?

A. None at all. I just allowed her to occupy temporarily.

12. When did she start constructing the house?

A. The same year that I agreed that she may occupy the lot.

13. What kind of materials did she used in building the said house?
A. The house I saw was built of bamboo, wood and nipa. They were the light materials she said she
would use to build her house. But after four (4) years, they renovated the same house into concrete
with galvanized iron roof.

14. What happened on or about January 23, 2014?

A. I told Imma Concepcion to vacate the lot.

15. Why did you ask her to vacate the lot?

A. My nephew needed the lot to build his house. At the time he just got married.

16. What was the date for Imma Concepcion to vacate the lot?
A. June 30 of the same year, 2014.

17. When you demanded Imma Concepcion to vacate the lot, what was her response?
A. She said she will vacate the lot only if she would be reimbursed for the house she built.

18. What did you say to Imma Concepcion?

A. I told her will not pay her, for she did not ask permission to build a concrete house.
19. On June 30, 2014, the date demanded for the Imma Concepcion to vacate, what did you see on your
lot?
A. Imma Concepcion made no effort to vacate the premises.

21. What course of action did you take afterwards?

A. I sent them demand letter to vacate the lot within 15 days from receipt of the letter.

22.This second document I am now showing you, herein referred to as

Annex 2, what is this document?
A. This is the demand letter I sent on July 1, 2014.

23. How was this demand letter sent and received by Imma Concepcion?
A. It was sent by registered mail and it was the received by her the same way.

24. This third document I am showing you, herein referred to as Annex 3, what is this document?
A. It is the return registry card. It shows they received my letter of demand to vacate on July 3, 2014.

25. After 15 days, on July 18, 2014, who was at your lot?
A. Imma Concepcion was still in my lot despite my demands.

26. After she refused to vacate, what did you do next?

A. I filed a complaint with the Barangay Chair of Capitol Brgy. Site for conciliation and mediation
between myself and Imma Concepcion

27.What was the result of the conciliation and mediation with Barangay
Chair?
A.We could not find an agreement.

28. After the conciliation and mediation, what occurred?

A.The Barangay Chair conducted another conciliation conference with us in the Pangkat Tagapamayapa.

29. What was the result in this subsequent conference?

A. Same as before. We could not settle anything.

30. I am now showing you a fourth document, herein referred to as Annex 4. What is this document?
A. It is a Certification to File Action. The certificate was issued to me by the Secretary of the Pangkat
after we could not settle during the conference.

31. What other attempts did Imma Concepcion do to help settle the matter?
A. None, we have not talked or communicated with each other since the last conciliation conference.

Further Affiant Sayeth Naught.

IN WITNESS WHEREOF, I have hereunto set my had this 7th day of October, 2015, Iloilo City.

Connie Montilla
Affiant
SUBSCRIBED AND SWORN TO before me this 6th day of October, 2015, in Cebu City, Philippines,
affiant showing to me his competent evidence of identity being his Driver’s License Identification No.
113345 through which he was identified.

Atty. Carlo Gotidoc

Notary Public Until December 31, 2015 PTR No:444444
IBP No: 222222
Roll No:333333

Doc No.______ ;
Page No.______;
Book No. _____ ;
Series of 2015.

SWORN ATTESTATION

The undersigned hereby attest, as counsels of the witness, we faithfully recorded the questions
asked and the corresponding answers that the witness gave and neither we nor any other person
then present or assisting us coached the witness regarding the latter’s answers.

Alyza Burdeos
Counsel for Plaintiff
PTR No. 444444
IBP No. 555555
Roll No. 666666
MCLE: 888888

Burdeos and Asscoiates Law Office

Room 333 Second Floor,
ABC Bldg., Fuente Osmeña St., Cebu City