Republic of the Philippines

Fourth Judicial Region

MUNICIPAL TRIAL COURT IN CITIES
BINAN CITY, LAGUNA

PAG-IBIG FUND represented CIVIL. CASE NO. ___________

by ATTY. RACHELLE G.
PATAM-KI and ERNESTO A
BETCO III,
Plaintiffs,
-for-
-versus-

EVELYN CANADA TAN and EJECTMENT (Unlawful Detainer)

all persons claiming for and in
their behalf,
Defendant/s.
x---------------------------------------x

JUDICIAL AFFIDAVIT OF WITNESS

RACHELLE G. PATAM-KI

I, RACHELLE G. PATAM-KI, of legal age, after having been

sworn in accordance with law, do hereby respond to the following questions
propounded by Atty. Miguel Angelo Satuito at Blk 6, Lot 1, Lagrimas St.,
Ireneville Subd., Brgy. San Francisco, Binan City, Laguna, fully conscious
that my answers are being given under oath and in English, a language I
fully understand, that I may be held criminally liable for false testimony or
perjury arising out of any falsehood in this affidavit, and that documents
attached to my affidavit are faithful copies or reproductions of the original or
certified true copies thereof.

OFFER OF TESTIMONY
PURPOSE: This Judicial Affidavit of defendant RACHELLE G.
PATAM-KI is being offered as evidence for the Plaintiff to prove the
following:

1. As Attorney IV, she is duly authorized representative of the PAG-

IBIG Fund or Home Development Mutual Fund (HDMF);

2. To prove that a Deed of Assignment of Contract to Sell with Special

Power of Attorney were made between Olivarez Realty Corporation
and Pag-Ibig Fund with conformity of Defendant Tan;

3. To Defendant failed to pay his monthly amortization;

4. To prove a Notice of Cancellation dated 16 June 2017 was given to

Defendant Tan;
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5. Co-Complainant ERNESTO A BETCO III has an authority to occupy

the property subject of this Complaint and he had a legitimate
transaction with Pag-IBIG Fund;

6. Despite the demand to peacefully surrender the subject property in

favor of the plaintiffs, the present occupants refused to surrender the
same;

7. To identify documents relative to the instant case;

8. To testify on other relative matters;

1. Q: Please state your name and other personal circumstances or the

record.
A: Rachelle G. Patam-Ki, 36 years old, Filipino, with office address at
Acquired Assets Management Group, 7th Floor, JELP Business
Solutions Building, 409 Shaw Blvd., Mandaluyong City, I am
Attorney IV assigned the Acquired Asset Management Group- Legal
Unit (AAMG-Legal) of Pag-IBIG Fund.

2. Q: What is your personality in this instant Complaint?

A: I am Pag-Ibig Fund’s authorized representative to file this instant
complaint;
3. Q: Under what authority do you have to file this complaint?
A: Sir by virtue of Pag-IBIG Fund Board Resolution No. 2754, Series
of 2019 as contained in the Secretary’s Certificate dated 17 January
2020 issued by Atty. Emilio C. Pangilinan, Corporate Board Secretary
of the Fund.
4. Q: I am showing you a Secretary’s Certificate issued by Atty. Emilio
C. Pangilinan, dated 9 August 2022 certifying among others, the
approval of PAG-IBIG Resolution No. 2754, series of 2010, what
relation, if any, does this document have to the one that you
mentioned?
A: Yes Sir, This is the same Secretary’s Certificate I am referring to.
MANIFESTATION: Your Honor, this Representation is manifesting that a
Secretary’s Certificate was identified by the witness was already marked as
Exhibit “
5. Q: As an Attorney IV of AAMG-Legal, Pag-IBIG Fund, what are
your duties and responsibilities?
A: My duties are:
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 To act as representative of Pag-IBIG Fund in all the case

involving the recovery of possession of acquired assets of Pag-
Ibig Fund, attend to hearings, conciliation and mediations
before the appropriate courts, barangays and other quasi-
judicials agencies;
 To file, initiate and commence legal complaints against any
persons who are unauthorized to occupy, acquire or possess the
acquired assets of Pag-IBIG Fund;
 To attend to all other concerns relating to the acquired assets of
Pag-IBIG Fund.
6. Q: What do you mean by acquired assets of Pag-IBIG Fund?
A: Sir, Acquired Assets or “AA’s” are properties acquired by the
fund, either through purchase in public auctions, or cancellations of
contracts to sell earlier assigned by the Developer to the Fund. Once
acquired, the Fund sells them to other eligible borrower-members.

7. Q: Ms. Witness, can you explain in what capacity are you testifying
today?
A: Yes Sir, I am testifying based on my personal knowledge as officer
of Pag-Ibig Fund, and from the records in our custody.

8. Q: Ms. Witness are you familiar with the subject property covered by
Transfer Certificate of Title No. 060-2011019221?
A: Yes Sir, from the records, the property is named before Olivarez
Realty Corporation. Such property was also a subject of Deed of
Assignment with Contract to Sell towards Pag-IBIG Fund.

9. Q: How do you know that the subject property was previously subject
Deed of Assignment with Contract to Sell?
A: Based on the records sir, there was a deed of assignment with
contract to sell executed by Pag-Ibig Fund and Evelyn Tan.

10. Q: I am showing to you a certified true copy of a Deed of Assignment

with Contract to Sell dated December 31, 2013, what is the relation, if
any, does this document ?
 Page 4 of 6

A: Yes Sir, this is the same Deed of Assignment with Contract to Sell
I am referring to.
MANIFESTATION: Your Honor, this Representation is manifesting that
Deed of Assignment with Contract to Sell dated December 31, 2013 which
was previously marked as Exhibit “E”.

11.Q: On the last page thereof, is a signature above the name of Evelyn
Tan. Do you recognize this signature?
A: Yes Sir, it is the same signature of Evelyn Tan which is found in
the other documents relative to her Contract with Pag-IBIG Fund.

MANIFESTATION: Your Honor, this Representation is manifesting that

the signature above the name of Evelyn Tan is bracketed and Marked as
Exhibit “E-1” of Pag-Ibig Fund.

12.Q: What happened to the housing loan account of Evelyn Tan?

A: Sir, from the records, he failed to pay her monthly amortization
despite several demands. This constrained office to send a Notice of
Cancellation dated June 16, 2017.

13. Q: I am showing to you a document captioned “Notice of

Cancellation dated June 16, 2017” what relation, if any does these
documents have to the one that you mentioned?
A: Yes Sir, this is the Notice of Cancellation dated June 16, 2017 that
I am referring to.

MANIFESTATION: Your Honor, this Representation is manifesting that

the Notice of Cancellation dated June 16, 2017 “Exhibit “F”

14.Q: What happened to the property?

A: The property was subject of public auction and was purchased by
Co-Plaintiff Betco.

15.Q: How can you say that co-complainant ERNESTO A BETCO III
has authority to possess and occupy the subject property?
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A: The co-complainant is Mr. Ernesto A. Betco III. He is Pag-IBIG

Fund’s client by virtue Notice of Approval dated November 4, 2022
and Authority Letter dated November 22, 2022.

16.Q: Do you have any proof?

A: Yes Sir, the Notice of Approval dated November 4, 2022 and
Authority Letter dated November 22, 2022.

MANIFESTATION: Your Honor, this Representation is manifesting that

the Notice of Approval dated November 4, 2022 and Authority Letter dated
November 22, 2022 as Annexes “H” and “I”

Counsel: That’s all for the witness.

This Judicial Affidavit was made for the purpose in revealing what was
stated above, All the documents stated here is based from the original
document. All documents marked and attached in this Judicial Affidavit will
be submitted before this court.

IN WITNESS WHEREOF, I have hereunto set my hand this _____th day

of January 2023 here in the City of Biñan, Laguna.

ATTY.RACHELLE G. PATAM-KI
Witness
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REPUBLIC OF THE PHILIPPINES )

CITY OF BIÑAN, LAGUNA ) S.S

ATTESTATION

I, MIGUEL ANGELO SATUITO, of legal age, Filipino

Citizen and with office address at Blk 6, Lot 1, Lagrimas St.,
Ireneville Subd., Brgy. San Francisco, Biñan City, Laguna, hereby
attest under oath THAT:
1. I personally conducted the examination of ATTY. RACHELLE
PATAM-KI.
2. I faithfully recorded the questions I asked her and the
corresponding answer that she gave.
3. Neither I nor any other person then present coached him regarding
her answers.
WITNESS my hand this ________________ at Biñan City, Laguna

MIGUEL ANGELO
SATUITO Affiant

SUBSCRIBED AND SWORN to me before me this ______h day of

January, 20223the affiant personally appeared and exhibited his competent
evidence of Driver’s License bearing the Identification No. _____________
as competent evidence of his identity.

Doc No. _______

Page No. _______
Book No. _______
Series of 2023.