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Judicial Affidavit of Lorenzo N. de Guzman A.K.A. "Larry"

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REPUBLIC OF THE PHILIPPINES )

PROVINCE OF LEYTE ) S.S


CITY OF TACLOBAN )

JUDICIAL AFFIDAVIT OF
LORENZO N. DE GUZMAN A.K.A. “LARRY”

This Judicial Affidavit was given by affiant-respondent


Lorenzo N. De Guzman a.k.a “Larry”, of legal age, Filipino,
private employee, and presently residing at 452 Real St., Tacloban
City.

This Judicial Affidavit was given by the affiant-respondent to


herein counsel, Atty. Evan M. Deocades, with office address at
2/F CNB Bldg., Zamora St., Tacloban City, in English, a language
which he knows and fully understands, at 9 in the morning of July
30, 2021 in 2/F CNB Bldg., Zamora St., Tacloban City.

The testimony of the affiant-respondent Larry De Guzman is


being offered to prove:
1. The sole ownership of the subject real property registered
under the respondent’s name;
2. The identity of the real property which is the subject matter
of this case;
3. The antecedent on the acquisition of the subject property by
the respondent; and
4. The legal bases for the answer of the respondent.

In the course of his testimony, the affiant-respondent will


identify the documentary and object evidence which are
attached to this Judicial Affidavit. The testimony of the affiant-
respondent was

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The testimony of affiant-respondent was reduced to Judicial
Affidavit, pursuant to A.M. No. 12-8-8-SC (Judicial Affidavit
Rule), and which Judicial Affidavit will serve as his direct
testimony in this case.

Q1. Do you swear to tell the truth, the whole truth and nothing but
the truth in this sworn statement that you are about to make?

A- Yes, Attorney.

Q2. Your testimony is under oath and in case your statements are
found to be untrue, you may be held criminally liable for false
testimony or perjury. Do you understand that?

A- Yes, Attorney.

Q3. Why are executing this Judicial Affidavit?


A – To give my sworn statement by way of this Judicial
Affidavit, the same to constitute as my direct testimony, as an
answer to an Action for Partition filed against me for a parcel of
land located at 222 Avenida Rizal, Brgy. Nagcarlan, Tacloban City
covered by a Transfer of Certificate of Title No. 78992 by the
Registry of Deeds of Tacloban City, and which judicial affidavit is
annexed and marked as Exhibit “A”.

Q4. For the record, please state the name and address of the
Lawyer who is now conducting or supervising your
examination and the place where your examination is being
held now.

A- My Legal Counsel, Atty. Evan M. Deocades is


conducting or supervising my examination now at his
law office located at 2/F CNB Bldg., Zamora St.,
Tacloban City, 6500.

Q5. In what language do you want your examination to be


conducted?

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A- In English, Sir.

Q6. Are you the same Lorenzo N. De Guzman a.k.a “Larry” who
is the respondent in this case?

A- Yes, Sir.

Q7. Can you state your relationship with the plaintiffs, Pia N.
Valdez and Iya Valdez?

A- They are my half-sisters. They are my mother’s daughter


on her second marriage with Pio Valdez.

Q8. Are you familiar with the property which is the subject matter
of the case?

A- Yes. My mother, under her maiden name Isa Nuevo, is


the original owner of the subject lot located at Brgy.
Nagcarlan, Tacloban City.

Q9. Can you describe the subject lot?

A- Yes. The lot has a total land area of more or less 858
square meters, specifically located at 222 Avenida Rizal,
Brgy. Nagcarlan, Tacloban City. It is covered by Tax
Declaration No. 12432 in the name of Isa Nuevo.

Q10. Are you familiar with the history of the land title of the
subject property?

A- Yes. My mother when she was younger and even before


her demise, was fond of telling the story on how the land
was donated to her by her late grandfather, Emmanuel
Diaz Nuevo, through a Deed of Donation which was
executed and accepted by her on July 13, 1980.

Q11. Who is Barry de Guzman and how is he related with your


mother?

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A- Barry de Guzman is my father. They were married on
November 20, 1963 at San Antonio de Padua Parish of
Matag-ob, Leyte. My father Barry died from a vehicular
accident on December 29, 1967.
Q12. Were you aware of your mother’s second marriage to a
certain Pio Valdez?

A- Yes. I always have lived with my mother until I got


married. My mother and Pio Valdez was married in Sto.
Niño Church, Tacloban City on February 11, 1968. He
died in 1988.

Q13. How many brothers and sisters do you have?

A- I am the only child of my parents, Barry De Guzman and Isa


De Guzman. I have 2 half-sisters, the daughters of my mother
on her marriage with Pio Valdez. They are Pia and Iya
Valdez.

Q14. What did your mother, Isa N. Valdez, do with the property?

A- On September 27, 1987, my mother sold the subject


property to Liza Malig for Php 50,000.00, said sale was
covered by a Deed of Sale with Right to Repurchase.
The redemption period was three (3) years.

Q15. Was your mother able to redeem the property redeemed


within the agreed period?

A- No, my mother unfortunately passed away on February


12, 1990 without being able to redeem the subject
property within the redemption period.

Q16. What happened to the property after the death of your


mother?

A- In pursuance to my mother’s wishes on her deathbed


which was witnessed by my half-sisters and Pio
Valdez, my mother instructed me to make sure that the

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land will be redeemed. I repurchased the land. Thereafter
my mother’s demise, I executed an affidavit of
adjudication as sole heir, with my knowledge that the
subject property is exclusively owned by my mother by
way of donation from her late grandfather.   Hence, I was
able to obtain Transfer Certificate of Title No. 78992 to
the property under my name in 1991.
Q17. What reliefs do you seek from the Court?

A- I seek the following reliefs:

1. The recognition that I am the sole heir of Isa N.


Valdez;
2. Dismissing the instant Complaint; and
3. Requiring Plaintiffs to pay defendant Lorenzo an
amount of Fifty Thousand Pesos (PHP 50,000.00) as
Attorney’s fees and litigation costs and;
Such other just and equitable reliefs or remedies under
the premises are likewise prayed for.

Q19. Anything else?

A- Yes. I hereby manifest that during the main trial of the


merits of this case, I intend to present additional
corroborating witnesses to prove my claims and prayers.

Atty. Evan: That is all for the affiant-respondent, Your Honor.

IN WITNESS WHEREOF, we have hereunto affixed our


signature this June 23, 2021 at Tacloban City, Philippines.

(Sgd.) LORENZO N. DE GUZMAN


Affiant

SUBSCRIBED AND SWORN TO before me in Tacloban


City, this 23rd day of June 2021 by the above-named affiant, who
have satisfactorily proven to me his identity through his Philippine
Passports, to wit:
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NAME PASSPORT NO.
LORENZO N. DE GUZMAN 18-1795

passport issued on January 27, 2020 and will both expire on


January 27, 2025, and known to be the same persons who
personally signed before me this Judicial Affidavit and attested
that the contents thereof are true and correct; and that they
voluntarily executed the same.

(Sgd.)ATTY. EVAN M. DEOCADES


2/F CNB Bldg., Zamora St., Tac. City
Mobile No. 09190775184
IBP (lifetime) No. 12345 / 1/5/07
PTR No. 9827 / 2/8/20 / Tac. City
Roll of Attorneys No. 54321
MCLE Compliance No. 09876

Doc. No. 159;


Page No. 17;
Book No. 7;
Series of 2021;
ATTESTATION

I, Atty. Evan M. Deocades, do hereby attest that on the date


and place above-stated:

1. I have personally examined the affiant-respondent,


Lorenzo N. de Guzman.
2. I have faithfully recorded or caused to be recorded the
questions asked and the corresponding answers thereto
made by him.
3. I further attest that I or any other person herein present,
or assisting me, never coached the said affiant
regarding his answers.

IN WITNESS WHEREOF, I have hereunto affixed my


signature this June 23, 2021 at Tacloban City, Philippines.
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(Sgd.)ATTY. EVAN M. DEOCADES
2/F CNB Bldg., Zamora St., Tac. City
Mobile No. 09190775184
IBP (lifetime) No. 12345 / 1/5/07
PTR No. 9827 / 2/8/20 / Tac. City
Roll of Attorneys No. 54321
MCLE Compliance No. 09876

SUBSCRIBED AND SWORN TO before me in Tacloban


City, this 23rd day of June 2021 by the above-named Lawyer-
Affiant, who is personally known to the undersigned Notary
Public, who is the same person who personally signed before me
the foregoing Joint Judicial Affidavit and acknowledged and
attested that the contents thereof are true and correct; and that he
voluntarily executed the same.

ATTY. ZIMBA KHO


Notary Public for Tacloban City
Commission Serial No. 456
Until Dec. 31, 2022
Office Address: 2 Floor 567 Square, Tacloban City
nd

Roll of Attorney No. 626231


PTR No. 789/Oct. 9, 2020/Tacloban City
IBP No. 101/ Oct. 9, 2020/Tacloban City
MCLE No. 1213/March 14, 2020

Doc. No. 158;


Page No. 16;
Book No. 8;
Series of 2021;

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