1. Felicitas O. Alesna testified in a judicial affidavit that the signature of Domingo Ortiz on the Deed of Confirmation of Sale was forged.
2. She knew Domingo Ortiz personally and was familiar with his signature from seeing him sign documents in the past.
3. She also said it would have been impossible for Domingo Ortiz to sign the Deed of Confirmation of Sale on the date listed, as by that time he was bedridden and unable to hold a pen.
1. Felicitas O. Alesna testified in a judicial affidavit that the signature of Domingo Ortiz on the Deed of Confirmation of Sale was forged.
2. She knew Domingo Ortiz personally and was familiar with his signature from seeing him sign documents in the past.
3. She also said it would have been impossible for Domingo Ortiz to sign the Deed of Confirmation of Sale on the date listed, as by that time he was bedridden and unable to hold a pen.
1. Felicitas O. Alesna testified in a judicial affidavit that the signature of Domingo Ortiz on the Deed of Confirmation of Sale was forged.
2. She knew Domingo Ortiz personally and was familiar with his signature from seeing him sign documents in the past.
3. She also said it would have been impossible for Domingo Ortiz to sign the Deed of Confirmation of Sale on the date listed, as by that time he was bedridden and unable to hold a pen.
1. Felicitas O. Alesna testified in a judicial affidavit that the signature of Domingo Ortiz on the Deed of Confirmation of Sale was forged.
2. She knew Domingo Ortiz personally and was familiar with his signature from seeing him sign documents in the past.
3. She also said it would have been impossible for Domingo Ortiz to sign the Deed of Confirmation of Sale on the date listed, as by that time he was bedridden and unable to hold a pen.
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Republic of the Philippines
MUNICIPAL TRIAL COURT IN CITIES
8th Judicial Region Maasin City, Southern Leyte -oOo-
VICENTE GAMOHAY Plaintiff; Civil Case No. ________ M-MAS-17-00004-CV --versus-- For: UNLAWFUL DETAINER PEDRO EPIZ, et al. Defendants. x----------------------------------x
JUDICIAL AFFIDAVIT OF FELICITAS O. ALESNA
(Examination conducted on November 24, 2017 by Eva L. Tomol of Brgy. Mantahan, Maasin City, So. Leyte at her office of the same address)
Purpose:
The purpose of the testimony of the witness is to prove:
a. That the signature of Domingo Ortiz of the Deed of Confirmation of Sale was forged. b. That it would be impossible for Domingo Ortiz to have signed the Deed of Confirmation of Sale. =======================================================================
1. Question: Palihug ko ug sulti sa imuhang ngalan ug uban pa nga personal na
imposmasyon bahin nimo. (Please state your name and other personal circumtances) Answer: Ako si Felicitas O. Alesna, hingkod na panuigon, ug nagpuyo sa Brgy. Mahayahay, Maasin City, So. Leyte. (I am Felicitas O. Alesna, of legal age and a resident of Brgy. Mahayahay, Maasin City, So. Leyte)
2. Question: Ngano naa man ka sa opisina nako karon?
(Why are you in my office today?) Answer: Maghimo ko ug testimonya bahin sa Deed of Confirmation Sale na dokumento. (I will testify about the Deed of Confirmation Sale document)
3. Question: Ang atong buhaton kay Judicial Affidavit, kasabot ka unsa na? (What we will make is a Judicial Affidavit, do you know what that is?) Answer: Wala. (No.)
4. Question: Kaning Judicial Affidavit, imuha ni sinumpaang salaysay. Ang akong
pangutana unta nimo ngadto sa husgado, ahong ipangutana na karon unya atong isuwat unja imo ni tubagon unja ang imu tubag, aho pod isuwat. Mao na kini ang imuhang testimonya sa husgado. Kinahanglan, ang imuha tubag kay ang tinuod ra. Nakasabot ba ka? (This Judicial Affidavit is your sworn statement. The questions that I would ask of you in court, I will ask you now and write them down, and as you answer them I will also write them down. This will now be your testimony in court. And since you will take an oath on this, you must answer only with the truth. Do you understand? Answe: O. (Yes)
5. Question: Nakaila ba ka aning Cerina Epiz ug Pedro Epiz, kaning gikihaan?
(Do you know this Cerina Epiz and Pedro Epiz, the defendants?) Answer: O, maam. Nakaila ko nila ky paryente man nako si Cerina Epiz pero layo na. (Yes maam. I know them because Cerina Epiz is a distant relative of mine.)
6. Question: Unsa man imuha nahibaw-an mahitungod sa kaso nila Cerina Epiz ug Pedro Epiz? (What do you know of the case against Cerina Epiz and Pedro Epiz? Answer: Ako nahibaw-an ky gikiha na sila ni Vicente Gamohay mahitungod sa yuta nga ila gipuy-an karon) (What I know is that Vicente Gamohay sued them about the land they are occupying now)
7. Question: Giunsa man nimo pagkahibaw nga naa diay sila kaso batok nila? (How did you know that a case was filed against them?) Answer: Nakahibaw ko ky gisturyaan man ko Cerina Epiz nga gikiha sila ni Vicente Gamohay. (I know because Cerina Epiz told me that they were sued by Vicente Gamohay)
8. Question: Pagkahuman ug sturya ni Cerina Epiz nimo mahitungod sa kaso, unsa man gibuhat nimo? (After Cerina told you of the case against them, what did you do?) Answer: Ako sija giingan nga pwede ba mutanaw sa reklamo kay basin naa ko ikatabang nila. (I told her that if it would be okey, I would see the complaint because maybe I can help them in any way.)
9. Question: Unsa man sunod nahitabo?
(What happened next?) Answer: Iya ko gipakita sa reklamo ug sa mga pakapin nga dokumento sa ni reklamo. (She showed me the complaint and the attached documents of the complaint.)
10. Question: Unsa man imu nakita sa reklamo ug sa uban dokumento?
(What did you see in the complaint and the attached documents? Answer: Akong nakita ang reklamo nila ug sa uban dokumento nakita nako ang Deed of Confirmation of Sale (I saw the complaint and in the attached documents, I saw the Deed of Confirmation Sale)
11. Question: Unsa man imuha nakita sa Deed of Confirmation of Sale?
(What did you see in the Deed of Confirmation of Sale?) Answer: Ako nakita nga peke man to nga pirma ni Domingo Ortiz. (I saw that the signature of Domingo Ortiz is fake)
12. Question: Ngano kahibaw man ka nga peke ug dili to pirma ni Domingo Ortiz? (How did you know that the signature of Domingo Ortiz is fake) Answer: Nakihibaw ko sir ky kana si Domingo Ortiz mao na nagpaskwela nako sauna pagka elementary ug highschool unya mag sige man ko adto sa ila kay mag tabang-tabang ko sa ila. Naa mga okasyon nga mkakita ko niya mupirma ug dokumento. Mao na kaila ko sa iya pirma. (I know because Domingo Ortiz is the one who sponsored my elementary and highschool expenses and I always go to their house because I helped them in any way. There were occasions that I can see him sign documents. That is why I know the signature of Domingo Ortiz.
13.Question: Ug ako to ipakita nimo and imu giingon nga fake na pirma ni Domingo Ortiz sa dokumento na Deed of Confirmation of Sale, makaila ka ato? (If I will show you the fake signature of Domingo Ortiz in the Deed of Confirmation of Sale, will you recognize it?) Answer: O. (Yes.)
14. Question: Diay Deed of Confirmation of Sale, mao ba ni nga dokumento nga giingon nimo nga peke ang pirma ni Dominggo Ortiz? (I have here the Deed of Confirmation of Sale, is this the document where you said the signature of Dominggo Ortiz is fake?) **(The Deed of Confirmation of Sale was shown to the witness) Answer: Mao ni. (This is it.)
15. Question: Naa paka lain ikasulti?
(Do you have anything else to say?) Answer: Naa pa unta. (There is something else)
16.Question: Unsa man? (What is it?)
Answer: Impossible kayo maka pirma si Dominggo Ortiz sa Deed of Confirmation of Sale kay sa petsa ana, mao na panahona nga naglubog na sija ug dili na gani mka gunit ug baso sa tubig, unsa na kaha sa ballpen ug mupirma. (It is impossible for Domingo Ortiz to have signed that document because on the date of the document, it is that time where he is already bedridden and he can not even hold a glass of water, how much more hold a ballpen and sign a document.
17. Question: Naa paka lain ikasulti?
(Do you have anything else to say) Answer: Wala na. (No more.)
18. Question: Imu ba ipamatuod nga imuhang gitubag akong mga pangutana nga nakahibaw ka nga imu ni gipanumpaan? (Would you confirm that you answered the questions fully aware that you are doing this under oath? Answer: O. (Yes)
Further, I have executed this affidavit to attest to the truth of the foregoing.
IN WITNESS WHEREOF, I have hereunto set my hand this 25th day of January 2018, at Maasin City, So. Leyte.
FELICITAS O. ALESNA Affiant Philhealth ID No. 123456
SUBSCRIBED AND SWORN to before me this 25th day of January 2018 at Maasin City, Southern Leyte, affiant exhibited to me a valid and competent proof of his identity as indicated above.
ATTY. JANA FELIZ GONZALES
Notary Public ATTESTATION
I, hereby certify that I personally examined the witness and in the conduct of said examination: 1. I faithfully recorded the questions asked and the corresponding answers that the witness gave; 2. I did not, nor any other person then present, coached the witness regarding her answers; 3. I understand that a false attestation shall subject myself to disciplinary action, including disbarment
EVA L TOMOL TIN: 113-522-510
SUBSCRIBED AND SWORN to before me this 25th day of January 2018 at Maasin City, Southern Leyte, affiant exhibited to me a valid and competent proof of his identity as indicated above.
Figa, Formerly The American Druggists' Insurance Company, and Ranger Insurance Company v. R.V.M.P. Corporation, D/B/A B.j.'s Seaside Restaurant, 874 F.2d 1528, 11th Cir. (1989)
Figa, Formerly The American Druggists' Insurance Company, and Ranger Insurance Company v. R.V.M.P. Corporation, D/B/A B.j.'s Seaside Restaurant, 874 F.2d 1528, 11th Cir. (1989)
