Republic of the Philippines

REGIONAL TRIAL COURT

5th Judicial Region
Branch I
Legazpi City
CELSO OATE

Civil Case No. 8715

Complainant,
vs.

DEPARTMENT OF EDUCATION,
DIVISION OF ALBAY as representd by
the Schools Division Superintendent,
Mrs. Rizalina D. SAquido and
MUNICIPALITY OF DARAGA, ALBAY
represented by the Municipal Mayor,
Honorable Cicero Triunfante
Defendant.

For:
ANNULMENT OF
DONATION AND/OR
QUIETING OF TITLE
WITH RECOVERY OF
POSSESSION

JUDICIAL AFFIDAVIT
I, CELSO L. OATE, of legal age, married, and living at 12
Camalig St., Caloocan City, plaintiff in this case, state under oath
as follows:
PRELIMINARY STATEMENT
The person examining me is Atty. Asciel H. Morco with
address at Morga St., Guinobatan, Albay. The examination is being
held at the same address. I am answering his questions fully
conscious that I do so under oath and may face criminal liability
for false testimony and perjury.
PURPOSE: This affidavit/testimony of plaintiff, Celso S. Oate is
being offered to prove that the respondent has the right to recover
the ownership of Lot 6849. The petitioners testimony is also
offered to prove the legal basis for the declaration that he was the
owner of the disputed lot.
1.

2.

Q:

Do you know about the lot in this case, Lot No. 6849?

A:

Yes madam.

Q:

Could you please why you know about the said lot and

familiar with it?

1

A:

It is because that the lot was located at Bagumbayan,

Daraga, Albay with an area of 27,907 square meters owned

by my grandparents Claro Oate and Gregoria Los Baos.
The said lot was acquired by my father, Francisco Oate and
later I also acquired it through Deed of Extrajudicial
Settlement of Estate and Cession with my three (3) sisters,
namely:

Melba O. Napil, Cielo O. Lardizabal, and Maria

Visia O. Maldo, who waived their successional rights in my

favor. Later, I caused the subdivision of the said lot into five
(5) lots, under my name except Lot No. 6849-B which is
under the name of Mariano M. Lim and was issued Transfer
Certificate of Titles (TCTs):

(1) Lot No. 6849-A (13,072

square meters) under TCT No. T-83946; (2) Lot No. 6849-B
(3,100 square meters) under TCT No. T-84049; (3) Lot No.
6849-C (10,000 square meters) under TCT No. T-83948; (4)
Lot No. 6849-D (1,127 square meters) under TCT No. T83949; and (5) Lot No. 6849-E (608 square meters) under
TCT No. T-83950.
3.

Q:

Do you have document that could be exhibited to prove

that your grandparents and you are the owner of the said
lot?
A:

Yes madam, I have reconstituted OCT No. RO-18971

under the name of my grandparents Claro Oate and

Gregoria Los Baos, the copy is attached in the complaint
marked as Annex A.

I have also the Titles (Transfer

Certificate of Titles (TCTs):

(1) Lot No. 6849-A (13,072

square meters) under TCT No. T-83946; (2) Lot No. 6849-B
(3,100 square meters) under TCT No. T-84049; (3) Lot No.
6849-C (10,000 square meters) under TCT No. T-83948; (4)
Lot No. 6849-D (1,127 square meters) under TCT No. T83949; and (5) Lot No. 6849-E (608 square meters) under
TCT No. T-83950.), the copy is attached in the complaint and
marked as Annex B, Annex C, Annex D, Annex E,
Annex F,;
4.

Q:

Who is now in the possession of the said lot?

A:

The Daraga North Elementary School as operated by

the Department of Education, Culture and Sports (DECS)

noe Department of Education (DepEd), Albay but in
December 15, 1992, through my counsel, I sent a letter to
defendant apprising it about the facts and circumstances
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affecting the elementary school and its occupancy of Lot No.

6849-A with an area of 13,072 square meters. I proposed to
Defendant DECS that it purchase Lot No. 6849-A at the Fair
Market Value (FMV) of PhP 400 per square meter and also
requested for reasonable rentals from 1960 and I also wrote
to Engr. Orlando Roces, District Engineer, Albay Engineering
District about the on-going construction projects in the
school.
5.

Q:

What happened to your proposal to the defendant

DepEd and to your letter with Engr. Orlando Roces?

A:

The proposal was referred to the DECS Division

Superintendent Rizalina D. Saquido for investigation and

Engr. Roces then informed my counsel that defendant DECS
is the owner of the school site having acquired the disputed
lot by virtue of a Deed of Donation executed by the
Municipality of Daraga, Albay in favor of defendant.
6.

Q:

Do you have the copies of the letters sent to DECS and

Engr. Orlando Roces?

A:

Yes madam, the copy is attached to the complaint,

marked as Annex G and Annex H.

7.

Q:

Do you have any other proof to justify your ownership

to the said lot?

A:

Yes madam, I have the Tax Declaration No. 04-006-

00681

issued for said

lot,

and

the

April

20,

1992

Certification from the Office of the Treasurer of the

Municipality of Daraga, Albay attesting to respondents
payment of realty taxes for Lot 6849 from 1980 to 1990, the
copy is attached to the complaint, marked as Annex I and
Annex J.
IN WITNESS WHEREOF, I have hereunto set my hand this
24th day of November 2014 at Guinobatan, Albay, Philippines.
CELSO OATE
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME, a notary
public in and for Albay this 24th day of November 2014. Affiant
personally came and appeared with SSS ID No. 12355 issued by
the Social Security System (SSS) on February 5, 1979 at Legazpi
3

City, bearing his photograph and signature, known to me as the

same person who personally signed the foregoing instrument
before me and avowed under penalty of law to the whole truth of
the contents of said instrument.
ATTY. MARK MAKULIT
Notary Public

Doc. No. 567

Page No. 215
Book No. V
Series of 2014

Commission Serial No. 14344

Notary Public for Albay
Until December 31, 2014
Office: Morga St., Guinobatan, Albay
Roll No. 18453
IBP Lifetime Roll No. 124533; 4/5/08 ; Albay
PTR No. 163333 ; 4/6/08 ; Albay
MCLE Compliance Cert. No. 2345; 6/3/12

I, ASCIEL H. MORCO, of legal age, Filipino, with postal

address Morga St., Guinobatan, Albay after being duly sworn
depose and say:
1. I was the one who conducted the examination of witness
Celso Oate at my aforementioned office in Morga St.,
Guinobatan, Albay;
2. I have faithfully recorded or caused to be recorded the
questions I asked and the corresponding answer that the
witness gave;
3. I nor any other person then present or assisting her
coached the witness regarding her answers;
IN WITNESS WHEREOF, I have hereunto set my hand this
24 day of November 2014 at Guinobatan, Albay.
th

ATTY. ASCIEL H. MORCO

Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary

public in and for Albay this 24th day of November 2014. Affiant
personally came and appeared with IBP ID No. 14355 issued by
the Integrated Bar of the Philippines (IBP), Albay on April 15, 2012
at Legazpi City, bearing his photograph and signature, known to
me as the same person who personally signed the foregoing
4

instrument before me and avowed under penalty of law to the

whole truth of the contents of said instrument..

ATTY. MARK MAKULIT

Notary Public

Doc. No. 568

Page No. 216
Book No. V
Series of 2014

Commission Serial No. 14344

Notary Public for Albay
Until December 31, 2014
Office: Morga St., Guinobatan, Albay
Roll No. 18453
IBP Lifetime Roll No. 124533; 4/5/08 ; Albay
PTR No. 163333 ; 4/6/08 ; Albay
MCLE Compliance Cert. No. 2345; 6/3/12