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Republic of the Philippines

REGIONAL TRIAL COURT


Ninth Judicial Region
Branch 2
Zamboanga City
BRUNO TAN
Plaintiff,
-versus-

CIVIL CASE NO. 2314


FOR: NULLIFICATION OF ABSOLUTE
DEED OF

SALE, CANCELLATION
OF TITLE, RECONVEYANCE AND
RECOVERY OF OWNERSHIP OF
REAL PROPERTY AND DAMAGES
CHINA-ARAB BANK OF THE
PHILIPPINES, INC. Rep. By ABULANNANG
CHAN and ALBERTO TAN
Defendants.
x-----------------------------------------------x
JUDICIAL AFFIDAVIT OF THE WITNESS
FRANCISCO CHAN
This Judicial Affidavit of witness, Francisco Chan, is executed to serve as
his direct testimony in the instant case. This Judicial Affidavit is offered to prove
Petitioner Bruno Tan is the owner and has continuous, exclusive and notorious
possession and occupation of the Lot 2189-H.
QUESTIONS were propounded by plaintiffs counsel, Atty. Phyllisabelle
Bethany General in English, which the affiant fully understands, and the
ANSWERS were given by the witness Francisco Chan were also in English.
1 Do you swear to tell the truth, the whole truth and nothing but the truth?
Answer: I do.
2 Are you aware that you may face criminal liability for false testimony or
perjury if you will not tell the truth?

Answer: I am.
3 Please state your name, age, address and occupation.
Answer:I am Francisco Chan, Filipino, 29 years old and a resident of
Baliwasan, Zamboanga City. I am currently employed as a Teller at
BDO-Sucabon Branch.
4 How do you know Ngu, Bruno, Alberto and Cynthia Tan, Deogracias and
Editha Uy and Gregory Chiong?
Answer: Ngu is my cousin. Bruno, Alberto and Cynthia are my nephews
and niece, Deogracias, Editha and Gregory are also my cousins.
5 In what way are you related to this case?
Answer: I am also a recipient of the Subdivided Estate of Ngu Tan, my
cousin.
6 Can you please tell me which lot was given to you?
Answer: Lot 2189-E was given to me, by virtue of the ExtraJudicial
Settlement Agreement we (my relatives) executed.
7 Can you please tell me to whom Lot 2189-H belongs to?
Answer: This belongs to Bruno.
8 Can you please tell me to whom Lot 2189-G belongs to?
Answer: Yes. It belongs to Alberto
9 How can you be certain?
Answer: We were all there, during the signing of the ExtraJudicial
Settlement Agreement. We agreed that what was stated therein would
represent the Lot we would inherit from my cousins estate.

9. Aside from that, are there any circumstances of which is indicative that
the lots belong to whom you say that they belong?
Answer: Yes. In March 2008, Bruno constructed small house on his lot.
10. How have you come to know about this fact?
Answer: Bruno told me himself, at a party he, Gregory and I attended
sometime in April 2008.
11. You are aware that you are under oath?
Answer: Yes.
12. No further questions.
IN WITNESS WHEREOF, I have hereunto set my hand this 14th day of
January 2015 at Zamboanga City.
FRANCISCO CHAN
AFFIANT
SUBSRIBED AND SWORN to before me this 14th day of February 2015
at Zamboanga City.
PHYLLISABELLE BETHANY GENERAL
COUNSEL FOR THE PLAINTIFF
2nd Floor BGIDC Building
Gov. Lim Avenue, Zamboanga City
Roll No. 123457 / 5-2-12
IBP No. 891017 / 12-29-14
PTR No. 654327 / 12-29-14
MCLE Compliance No. 110198 / 01-05-2015
Doc No: 15
Page No: 31
Book No: VIII
Series of 2015.

I, PHYLLISABELLE BETHANY GENERAL, of legal age, Filipino, with


postal address 2nd Floor BGIDC Building Gov. Lim Avenue, Zamboanga
City,after being duly sworn depose and say that:
1 I was the one who conducted the examination of witness Francisco Chan
at my aforementioned office 2nd Floor BGIDC Building Gov. Lim
Avenue, Zamboanga City;
2 I have faithfully recorded or caused to be recorded the questions I asked
and the corresponding answer that the witness gave; and,
3 I or any other person then present or assisting me did not coach the
witness regarding her answers.
IN WITNESS WHEREOF, I have hereunto set my hand this 14 th day of
February 2015 at Zamboanga City.
PHYLLISABELLE BETHANY GENERAL
AFFIANT
SUBSCRIBED AND SWORN to before me this 14th day of February 2015
at Zamboanga City, Philippines, affiant exhibiting her IBP ID No. 891017 issued at
Zamboanga City on December 06, 2014.

ATTY. BENSAUD O. DEGUSMAN


NOTARY PUBLIC
Commission Serial Number: 123221
Notary Public for Zamboanga City
Until December 31, 2015
Nunez St. Zamboanga City
Roll No: 99821
IBP Lifetime Roll No: 22314, 1/2/12; Zamboanga City
Professional Tax Receipt No: 23142; 12/2/15; Zamboanga City
MCLE Compliance Certificate No.: 214142; 12/2/15.
Doc No: 53
Page No: 26
Book No: XIX

Series of 2015.

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