REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

FIRST JUDICIAL REGION
LA TRINIDAD, BENGUET
BRANCH 63

BELEN DELOS TRINOS,

Plaintiff,
Civil Case no: 14-CV-3025
-versus- For: Annulment of
Unilateral Deed of Sale
and Transfer Certificate of
Title No. 016-2014000879,
Reconveyance of Property
with Preliminary
Prohibitory Injunction and
Damages

ADRIAN C. DOCAYSO,
THE REGISTER OF DEEDS
OF BENGUET,
Defendants,
X-------------------------------------X

JUDICIAL AFFIDAVIT OF EMELITO BADAY

This Judicial Affidavit was taken on the 16TH day of May 2014 in the
Law Office of Atty. Leonardo L. Lawana at Rm. 2B, Adivay Building
Bonifacio St., Baguio City. Atty. Lawana propounded questions in English,
a language which the witness, herein Petitioner speaks and understands.

By way of Formal Offer, the testimony of the witness is offered in

evidence for the purpose corroborating the testimony of the Plaintiff to
support the Preliminary Injunction.

I, EMELITO BADAY, of legal age, married, Filipino citizen and

residing at 37 Ambiong, Aurora Hill, Baguio City after having been
sworn in accordance with law, under oath hereby answer the following
questions propounded by Atty. Leonardo L. Lawana to form part of my
direct testimony in the above application for Preliminary Injunction in the
above entitled case. I am answering the questions fully aware that I am
under oath and that I may face criminal liability for false testimony or
perjury:

1. Mister witness, this an application for preliminary injunction in this

case, are you, in any case, involved in the transaction of the Parties
in this case?
Answer: Yes, Sir.
2. Mr. witness, how are you involved in the transactions?
Answer. Sir, I was the one who earlier entered into a Deed of Sale
with the Plaintiff and for us to subdivide and develop the property, we
needed the money so we agreed that prior to the transfer of the
property into my name, we will mortgage the same with the
Defendant;

3. Do you have proofs to show that these transactions really occurred?

Answer: Yes sir, I have the copy of the Deed of Absolute Sale
between the Plaintiff and me and the Acknowledgement of
Indebtedness with Promissory Note which I signed together with the
Parties. A copy of the Deed of Absolute Sale dated November 25,
2013 is hereto attached as Annex A and Acknowledgment and
Promissory Note as Annex B.

4. Mr. Witness, you said that property of the Plaintiff will be Mortgaged
to Defendant, was it really mortgaged to him?
Answer: Yes Sir, it was mortgaged to the Defendant in the amount of
TWHO HUNDRED FIFTY THOUSAND PESOS ( Php 250,000.00) an
I signed therein as one of the witnesses, in addition to the Mortgage,
the defendant asked as to also signed the Acknowledgement of
Indebtedness and Promissory Note.

5. Mr. Witness , after the Mortgage Transactions what else, if any,

transpired between the parties regarding the property?
Answer: After a few weeks, Mr. Docayso ask the plaintiff and me
and to again sign a document which is a Unilateral Deed Of Sale
which we did in the law office where the Mortgage was executed but
the Notary Public was not present and I signed as a witness in the
Deed because Mr. Docayso said that it will not be used as it will only
be a security for the payment of the Indebtedness;

6. What did the Defendant do with the Unilateral Deed of Sale?

Answer: Sir, instead of foreclosing the property, he had the Unilateral
Deed of Sale be notarized and used the same to transfer the property
in his name;

7. Mr. Witness, what else if any, did the Defendant do with the property
?
Answer: He entered the same and conducted surveys and place
concrete monuments therein and is now selling the property and
forcing the buyers therein to transact with him. This acts must be
stopped as the property lawfully still belongs to the Plaintiff.

8. Under your present oath, do you attest to the contents of your Judicial
Affidavit and to be submitted as your direct testimony?
Answer: Yes sir.
 9. Are you therefore voluntarily affixing your signature on your affidavit
to attest to the truth of its contents?
Answer: Yes sir. I am executing this affidavit to attest to the
truthfulness of the facts recited herein, fully aware that I will be
criminally liable for perjury if I made any false statement and for all
legal intents or purposes it may serve.

IN WITNESS WHEREOF, I have hereunto set my hand this 16th

day of May 2014, at Baguio City, Philippines.

EMELITO E. BADAY
Affiant
Philhealth : 05-025080148-0

SUBSCRIBED AND SWORN to before me this 16TH day of May,

2014 at Baguio City, Philippines by the affiant who was identified by me
through competent evidence representing to me this integrally complete
document and declaring thereof that he has voluntary affixed his signature
and that he executed the document as his voluntary act and deed.

Doc.No; 336 ATTY. LEONARDO L. LAWANA

PageNo. 67 NOTARY PUBLIC
Book No. XXV Until December 31, 2015
Series of 2014 PTR No. 3470223/IBP No.937892
1-02-2014/Baguio-Benguet

I HEREBY ATTEST that I asked the questions from the affiant in

English which he speaks and understands and faithfully caused the same
to be recorded including the answers the affiant gave in response to my
questions. The affiant was not coached nor assisted by me or any other
person when he gave his answers to the questions asked.
Baguio City, for la Trinidad, Benguet, Philippines, 16 May, 2014.

LEONARDO L. LAWANA
IBP NO. 937892/ 1-2-2014
Drivers Lic. No. A04-07-002544
2016-03-31

SUBSCRIBED AND SWORN TO before me this___ day of May ,

2014 at ____________________, Philippines