Republic of the Philippines

FIRST JUDICIAL REGION

REGIONAL TRIAL COURT BRANCH NO. 63
PROVINCE OF BENGUET
JUSTICE HILL, LA TRINIDAD

PETITION FOR THE REGISTRATION OF UNREGISTERED LAND

LOCATED AT AMBIONG, LA TRINIDAD, BENGUET

LRC CASE NO._______

JOHN W. BOOTH
PROTESTEE

MUNICIPALITY OF LA TRINIDAD
REPRESENTED BY MAYOR
PROTESTANT

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JUDICIAL AFFIDAVIT OF EXPERT WITNESS

I, ENGR. JUAN DELA CRUZ, of legal age, and living at La Trinidad, Benguet,
after having been duly sworn, hereby attests that:

PRELIMINARY STATEMENT

The person examining me is Atty. HAL JORDAN with office address at

University of Cordilleras, Baguio 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 OF TESTIMONY:

The affidavit/testimony of the witness is offered to prove the following:

1. The identity of the real property subject matter of this case;

2. The legal history of the questioned land; and
3. The protestee has not in open, continuous, exclusive and
notorious possession and exclusive property; and
4. The legal bases for the protest.

1. Q. Please state your name and other personal circumstances for the
record.
A. I am Engr. Juan dela Cruz, 35 years of age, resident of La Trinidad,
Benguet City and PENRO Officer for the Province of Benguet.

2. Q. Why are you here now?

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

3. Q. In what language do you want your examination to be

conducted?

A. This judicial affidavit is prepared in English.

4. 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.

5. Q. Are you familiar with the real property subject matter of this case?

A. Yes. The subject property, I believe, is a portion within the Busol

Watershed and Reservation.

6. Q. Can you please give us a brief description of the Busol Watershed.

A. Busol watershed has a total land area of 336 hectares with 224
hectares located within the jurisdiction of the capital town of La
Trinidad and the remaining 112 hectares is located in the city. Busol
watershed and is providing approximately 40 percent of the water
requirements of the people in the different villages.

7. Q. Is it possible for a private person to possess any parcel of land

within the Busol Watershed Reservation.

A. No Sir.

8. Q. Why is that sir?

A. Busol Forest Reservation was already been declared as an

Inalienable property and such declaration of the reservation
precludes its conversion into private property. Possession thereof,
no matter how long, cannot convert the same into private
property.

9. Q. Are you familiar with the parcel of land covered with a Survey Plan,
under the name of John Booth?

A. Yes Sir.
10. Q. How did you come to know of this survey plan?

A. An ocular inspection with the team of the Municipal Government

of La Trinidad and the DENR was conducted within the subject lot,
we discovered that it is located within the Busol Watershed Forest
Reservation which is considered not alienable and disposable
land.

11. Q. Do you believe that there was negligence on the part of the DENR
Officer who drafted and issued the survey plan?

A. Yes. That such survey plan is void.

12. Q. What is your legal basis?

A. Presidential Decree 705, the Revised Forestry Code of the

Philippines

13. Q. What do you think Sir is the next step to rectify such error?

A. The said survey plan should be cancelled because it includes

portion of land within the Busol Watershed Reservation that are
inalienable.

IN WITNESS WHEREOF, I have hereunto set my hand this 24th day of

January 2019 at La Trinidad, Benguet.

ENGR. JUAN DELA CRUZ

Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for the
Province of Benguet this 24th day of January 2019. Affiant personally
came and presented to me her Company and Drivers’ License ID issued by
the Department of Environment and Natural Resources on 2018 at La
Trinidad, Benguet, as valid and competent proof of his identity, known to
me as the same person who personally signed the foregoing judicial
affidavit before me and avowed under penalty of law to the veracity of the
contents of said instrument.

______________________
Notary Public
 Notarial Commission No. 20-NC-20-R
Until December 31, 2020
Roll No. 20202; 4.20.2016
PTR No. 2020202 01.5.2019; Baguio City
IBP No. 2020202; 01.5.2017; Baguio City
MCLE Cert. of Compliance No. L-2020202

SWORN ATTESTATION

I, ATTY. PEDRO PENDUKO, of legal age, Filipino, with office address at

University of the Cordilleras, Gov. Pack Road, Baguio City after being duly
sworn depose and say:

1. I was the one who conducted the examination of petitioner ENGR.

JUAN DELA CRUZ at my afore-stated office.

2. I have faithfully recorded or caused to be recorded the questions I

asked and the corresponding answer that the petitioner gave;

3. Neither I nor any other person then present or assisting her coached
the petitioner regarding her answers;

IN WITNESS WHEREOF, I have hereunto set my hand this 24th day of

January 2019 at La Trinidad Benguet.

ATTY. HAL JORDAN

Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for the
city of Baguio to me his ___________________ ID issued by the
________________ on 2018 at La Trinidad, Benguet, as valid and
competent proof of her identity and swore to me under oath of the
veracity of her allegations.

______________________
Notary Public
Notarial Commission No. 20-NC-20-R
Until December 31, 2020
Roll No. 20202; 4.20.2016
PTR No. 2020202 01.5.2019; Baguio City
IBP No. 2020202; 01.5.2017; Baguio City
MCLE Cert. of Compliance No. L-2020202