Republic
of the Philippines
REGIONAL TRIAL COURT
5th
Judicial Region
Branch XX
Naga City
SPOUSES
JUAN AND JUANA SANTOS
Plaintiffs,
-
versus - Civil
Case No. L-0127
For: Declaration of Nullity of Real Estate Mortgage
ABC
BANKING CORPORATION
Defendant.
x-------------------------------------------------x
JUDICIAL AFFIDAVIT
I, ROSALINDA CRUZ, of legal age, Filipino,
single, a resident of and with post office address at 123 Sta. Cruz St. Naga
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 2/F ACE
Corporate Center, Naga City.
Q2
-
In what manner
has Atty. ________________ conducted the examination, as regards the questions asked
and the answers you gave?
A - Atty.
__________________ has encoded in her desktop computer the questions she
prepared, and, read them to me, and asked me to answer each and every question she
asks.
Q3
-
Is there anyone
else present while the examination is being conducted?
A - None ma’am.
Q4
-
Do you know the defendant
in this case?
A - Yes, ma’am.
Q5
-
Why do you know
the defendant ABC Banking Corporation?
A - I
am employed as the manager for its Naga City Office since 2010.
Q6
-
What are your
responsibilities as a manager?
A - I
am responsible for the management and operations of the bank.
Q7 -
How about the
plaintiffs in this case, do you know them?
A - Not personally ma’am. But I know that
they filed a complaint against ABC Banking Corporation regarding an alleged
void real estate mortgage executed in favor of the bank.
Q8
-
I am showing to
you a two-page certified true copy of a “Real Estate Mortgage” dated and notarized on January 2, 1992
previously marked as Exhibit “1”, are you referring to this?
A - Yes, ma’am.
Q9
-
Why did the
plaintiffs in this case execute a mortgage contract?
A - It is a security for payment because
the spouses Santos obtained a loan of one hundred and fifty thousand-peso (P
150,000) from ABC Bank.
Q10
-
What are the
properties mortgaged by the plaintiffs in this mortgage contract?
A - The plaintiffs mortgaged two parcels
of land located in Naga City, the first covered by Transfer Certificate Title
(TCT) No. 12345 and the second by Tax Declaration (TD) No. 678910 and
designated as Cadastral Lot No. 10.
Q11
-
Were the
plaintiffs able to pay their loan when it became due?
A - No, ma’am.
Q12
-
What did the bank
do, if any, when the plaintiffs defaulted on their loan obligation?
A - After
several demands, both oral and written, all of which were not heeded, the bank
finally decided to foreclose the mortgage extra judicially.
Q13
-
I am showing to
you a one-page certified true copy of a “Notice of Extra Judicial Foreclosure”
previously marked as Exhibit “2”, are you referring to this?
A - Yes, ma’am.
Q14
-
Who was the buyer
of the properties when the same were sold at the foreclosure sale?
A - ABC Banking Corporation, as lone
bidder, bought the properties for P400,000.
ABC was issued a Certificate of Extra-Judicial Sale.
Q15
-
Showing to you
this “Certificate of Extra-Judicial Sale” marked as Exhibit “3”, are you
referring to this?
A - Yes, ma’am.
Q16
-
What did ABC
Banking Corporation do after the issuance of the said certificate?
A - ABC secured a writ of possession
after it acquired the property as winning bidder.
Q17
-
Did the
plaintiffs redeem the properties during the redemption period allowed by law?
A - No, ma’am.
Q18
-
When the
plaintiffs failed to redeem the properties what did ABC Banking Corporation do,
if any?
A - ABC
Banking Corporation consolidated its ownership over the subject properties. ABC
also secured a new title over the property covered by TCT No. 12345 and new tax
declaration under its name for Lot No. 10
Q19
-
I here show you
to you an “Affidavit of Consolidation of Ownership”, a “Transfer Certificate
Title No. 111213” and a “Tax Declaration No. 141516”, all of which were
previously marked as Exhibits “4”, “5” and “6” respectively, are these the
documents you are referring to?
A - Yes, ma’am.
Q20 -
How did this case
come to your attention?
A - On 1 May 2015, ABC Banking
Corporation has received a copy of a complaint filed by spouses Santos seeking
the declaration of nullity of mortgage over Lot No. 10.
Q21
-
What is the basis
of the plaintiffs in arguing that the mortgage over Lot No. 10 is void?
A - The plaintiffs contended that a
mortgage could not have been validly constituted over Lot No. 10 because they
were not the owners of the property when the mortgage was created.
Q22 -
What can you say
about the plaintiffs’ contention?
A - Such allegation is baseless and is a
desperate attempt to nullify a valid mortgage.
Q23
-
Did you verify
the ownership of the plaintiffs of Lot No. 10 before the execution of mortgage
contract?
A - Yes, ma’am.
Q24
-
What evidence do
you have to prove that the plaintiffs were the owner of Lot No. 10 before and
during the execution of mortgage contract?
A - Prior
to the approval of the loan, our property appraiser and credit investigator
conducted an ocular inspection of the properties and verified that the spouses
were in fact the owners of the properties. Their residence is even constructed
on Lot No. 10 during the execution of the mortgage up to present.
Q25
-
I show to you an
“Ocular Inspection Report” previously marked as Exhibit “7”, is this the
document you are referring to?
A - Yes, ma’am.
Q31 - Are
there other evidence to prove their ownership of Lot No. 10?
A - The
former tax declaration of the subject lot, Tax Declaration No. 678910, clearly
reflects their ownership of the property as early as 12 September 1990 or a
little less than two years prior to the constitution of mortgage.
Q32 - I
show to you this “Tax Declaration No. 678910” marked as Exhibit “8”, is this
the same tax declaration which proves the plaintiffs’ ownership over Lot No.
10?
A - Yes, ma’am.
Q33 - Do you have anything to add?
A - None, ma’am.
In witness whereof, I here sign my name this 1st
day of September, 2015 at Naga City, Philippines.
ROSALINDA CRUZ
SUBSCRIBED and SWORN to before me, this 1st
day of September, 2015 at Naga City, personally appeared ROSALINDA CRUZ with LTO Driver’s License No. HE98765 to expire on 08
March 2016, 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 2015
LAWYER’S ATTESTATION
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 1st
day of September, 2015 at Naga City, Philippines.
___________________________________
SUBSCRIBED and SWORN to before me, this 1st
day of September, 2015 at Naga City, personally appeared ____________________________________ with LTO Driver’s License No.
IR7890123 to expire on 27 January 2016. 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 2015
Copy
furnished: (by personal service)
ATTY.
_______________________
Counsel for the Plaintiffs
123 Mayon Ave., Naga City
Thank you very much.It's really helpful.
TumugonBurahin