1. Joseph Anthony G. Baltazar executed a judicial affidavit to testify that the DPWH-Calbayog City issued a certification confirming that Ma. Linda Manzanilla's house is located within the road right-of-way limit and Editha Mira's house is within the legal easement of the sea or shoreline.
2. Baltazar conducted another survey in 2023 that reconfirmed Manzanilla's house is within the road right-of-way.
3. Baltazar attached copies of the certification and survey documents to his affidavit.
1. Joseph Anthony G. Baltazar executed a judicial affidavit to testify that the DPWH-Calbayog City issued a certification confirming that Ma. Linda Manzanilla's house is located within the road right-of-way limit and Editha Mira's house is within the legal easement of the sea or shoreline.
2. Baltazar conducted another survey in 2023 that reconfirmed Manzanilla's house is within the road right-of-way.
3. Baltazar attached copies of the certification and survey documents to his affidavit.
1. Joseph Anthony G. Baltazar executed a judicial affidavit to testify that the DPWH-Calbayog City issued a certification confirming that Ma. Linda Manzanilla's house is located within the road right-of-way limit and Editha Mira's house is within the legal easement of the sea or shoreline.
2. Baltazar conducted another survey in 2023 that reconfirmed Manzanilla's house is within the road right-of-way.
3. Baltazar attached copies of the certification and survey documents to his affidavit.
1. Joseph Anthony G. Baltazar executed a judicial affidavit to testify that the DPWH-Calbayog City issued a certification confirming that Ma. Linda Manzanilla's house is located within the road right-of-way limit and Editha Mira's house is within the legal easement of the sea or shoreline.
2. Baltazar conducted another survey in 2023 that reconfirmed Manzanilla's house is within the road right-of-way.
3. Baltazar attached copies of the certification and survey documents to his affidavit.
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Republic of the Philippines
MUNICIPAL TRIAL COURT
8th Judicial Region Sta. Margarita, Samar
SPS BERNABE CELECIOUS &
FLORITA CELECIOUS, Civil Case No. 218-21 Plaintiffs, For : Ownership, Recovery --versus-- of Possession and Damages SPS. BIENVINIDO & EDITA MIRA , CLAUDIO AMOLO & MA.LINDA MANZANILLA, Respondent/s. x-------------------------------------x
JUDICIAL AFFIDAVIT OF JOSEPH ANTHONY G. BALTAZAR
I. PURPOSE/S OF THE JUDICIAL AFFIDAVIT/TESTIMONY
This Judicial Affidavit of witness is being offered in lieu of witness’
direct testimony pursuant to Administrative Matter No. 12-8-8-SC and to prove that:
1. He is the duly authorized representative of the DPWH-
Calbayog City, Samar;
2. To prove that DPWH Samar 1st District, Calbayog City issued a
Certification;
3. He will prove that he conducted another survey to verify the
findings on the said Certification; and
4. He will identify exhibits and will testify on other related
matters.
II. PERSONAL CIRCUMSTANCES OF THE WITNESS AND
EXAMINING LAWYER
I, JOSEPH ANTHONY G. BALTAZAR having been sworn
to oath in accordance with law, hereby depose and state, THAT: 1. I am a Filipino, of legal age married and presently working as_________ at DPWH Samar 1st District, Calbayog Cityl
2. My examination as a witness in this case, ,was conducted
and taken under the supervision by Atty. ________________________ with office address at ________________________________________ City;
3. The questions asked of me are in English, a language known
to me and said lawyer;
4. I have honestly answered the questions propounded to me,
fully conscious that I do so under oath, and that I may face criminal liability for false testimony or perjury.
III. QUESTIONS ASKED OF THE WITNESS AND HER
CORRESPONDING ANSWERS
1. Q. Do you swear to tell the truth and nothing but the truth in this examination?
A: Yes.
2. Q. Please state your name, civil status, occupation, age and
address for the record.
A. I am JOSEPH ANTHONY G. BALTAZAR, of legal age,
married, ____________________ presently working as_________ at DPWH Samar 1st District, Calbayog City.
3. Q. What is your purpose in executing this Judicial Affidavit?
A: My purpose in the execution of this Judicial Affidavit is to
prove that DPWH Samar 1st District, Calbayog City issued a Certification sometime in April 5, 2017 that the houses of Ma. Linda P. Manzanilla which is located along Maharlika Highway, Brgy. Burabud. Sta. Margarita. Samar, is within the Road-Right-of Way limit of our national highway, and the house of Editha Mira is within the legal easement of the sea or in the shoreline.
4. Q. Why did DPWH issue the said Certification?
A. This was issued upon the request of, among others, of Ma Linza P. Manzanilla and Editha Mira for the ocular inspection of the location of their houses.
5. Do you have proof that the said Certification was issued by
DPWH Samar 1st District, Calbayog City?
A: Yes, I have here a certified copy of the said Certification,
including the Letter-request of the Respondents and attached Straight Line Diagram, issued on April 5, 2017.
6. Q. You showed and handed to me a copy of the Certification
you described and the attachments. I will attach the same in this Judicial Affidavit and mark as ANNEXES “___” and series . Will you confirm said action?
A. Yes.
Lawyer’s Manifestation: The witness handed and
identified the Certification dated April 5, 2017, with the Letter- request of the Respondents and attached Straight Line Diagram, hereto attached, and marked as ANNEX ANNEXES “___” and series .
7. Q. Do you still confirm that the said house of Ma. Linda P.
Manzanilla is within the Road-Right-of Way?
A: Yes.
8. Q. How were you able to confirm this?
A. Despite being the said Certificate was duly issued by our
Office, another verification was conducted on the are on February 06, 2023 and confirmed that the house of Ma. Linda Pinca Manzanilla is indeed within Road-Right-of Way.
9. Q. How about the location of the house of Editha Mira?
A. Her house is erected at and covered by the seashore or legal
easement of the Samar Sea.
10. Q. What else can you say?
A: None at the moment.
AFFIANT FURTHER SAYETH NAUGHT.
IN WITNESS WHEREOF, I have hereunto set my hand this _____ day of ______, in Tacloban City, Philippines.
JOSEPH ANTHONY G. BALTAZAR
Affiant
SUBSCRIBED AND SWORN TO before me this _____ day of
________ in ____________ Philippines, affiant personally appeared before me and exhibited to me her competent evidence of identity as indicated above.
Doc No. _______;
Page No. ______; Book No. ______ Series of 2023
IV. SWORN ATTESTATION OF THE LAWYER
I, ____________________________ Filipino, of legal age, single,
with business address at __________________________________________ City, after having been sworn to oath in accordance with law, hereby depose and state, THAT:
1. I have faithfully recorded the questions I asked of and the
corresponding answers given by JOSEPH ANTHONY G. BALTAZAR;
2. Neither I nor any other person then present or assisting him
coached JOSEPH ANTHONY G. BALTAZAR regarding the latter’s answers.
IN WITNESS WHEREOF, I have hereunto affixed my signature
this ___ day of _______ in Tacloban City, Philippines. ___________________________________ IBP Leyte ID with Roll of Attorney’s No. ________
SUBSCRIBED AND SWORN TO before me this ___ day of 2023