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School of Law
Moot Court
(Team Justice Concepcion)
Civil Case No. 12-690012
For: Recovery of Ownership of Real Property
with Petition for the Issuance of Writ of
Preliminary Injunction and Temporary
Restraining Order
- versus -

x ---------------------------------------- x


This judicial affidavit of MAGGIE DELA HOYA is taken by Atty. Nestonel F. Estrada in a
question and answer format at Baguio City where the examination of the witness is taking place.

1. Q: State your name, age, residence or business address, status, and occupation.

A: I am Maggie dela Hoya, 45 years old, and I live at 5 Knockturn Alley, Saint Joseph
Barangay, Baguio City, married to Payless dela Hoya, and I am a businesswoman.

2. Q: Do you know why you are here?

A: Yes, sir.

3. Q: Please explain briefly why you are here today.

A: I am here to execute my judicial affidavit which I am told that it shall be done in a

question and answer format, that the petitioner’s lawyer will ask the question and I shall give
my answer; that in giving my answers to his answers I am fully aware and conscious that they
are given under oath and also aware that I may face criminal liability for false testimony or
perjury; that my answers to the questions shall be based on my personal knowledge; that I
shall identify and/or authenticate the documents which I have personal knowledge and are
material to my testimony.

4. Q: Why do you know all about this?

A: I was advised by my lawyer, sir.

5. Q: So therefore you swear to tell the truth, the whole truth, and nothing but the truth
in this examination?

A: I do your honor.

6. Q: Do you know the defendant Cornelio Santuyo?

A: Yes, I know him.

7. Q: How?

A: He is a close friend of my friend Jaime Abelardo. We are former business partners

involved in the production of low-cost ice cream.

8. Q: Do you still engage in business with him?

A: We eventually sold our ice cream business to San Miguel Corporation. After the
said sale, we did not have another business venture together.

9. Q: When was this sale made?

A: Last November, 2011. San Miguel’s offer was hard to refuse, considering our
business is showing signs it was about to go south. We decided it was time to end our

10. Q: Do you regularly talk to each other?

A: Not really. We seldom see each other after we sold our ice cream venture,
although I sometimes see him when he visits our friend Jaime, who lives nearby.

11. Q: When did it come to your knowledge that you were indicated as a witness to the
execution of the Deed of Sale?

A: Ms. Maria Basa contacted me we and agreed to have a meeting. This was around
last July. We met at a restaurant along Session Road. During the meeting she showed me a
copy of the Deed of Sale where it was indicated that I was a witness to its execution.

12. Q: Do you have any knowledge about the sale of the parcel of land in question?

A: None at all. That’s why I was surprised that my name and signature appeared in
the document.

13. Q: What did you do after discovering that your name and signature was used in the
Deed of Sale?

A: I called up Cornelio and asked if the Deed of Sale was indeed real. He said yes.
Actually, before I even demanded an explanation on why my name appeared on the
document, he immediately apologized and promised to rectify everything.

14. Q: Did you ask him why he did it?

A: Yes, I did. His answers were ambiguous. He never really answered them. All he
said that he was sorry and promised to patch things up.

15. Q: Have you spoken to him after that phone call?

A: Yes. I went to his office a few days after. I really wanted to give him a piece of my
mind. I was furious.

16. Q: So what did you tell him?

A: Of course I demanded an explanation about this hullaballoo that he created. I

really never wanted to be dragged with his legal problems. All he said was it was all for

17. Q: And what necessity is that?

A: He never elaborated on that matter. I just kept on berating him about what he
did. No human has ever done this to me before. This was a first.

18. Q: Did you really have any participation in the perfection of the purported sale of
the land?

A: None.

19. Q: Then how come your name is indicated in the purported Deed of Sale as a
witness to the said transaction?

A: Let Cornelio answer that question. I have no idea what is going on inside his

20. Q: So you are saying that you never participated in the execution of the sale?

A: No.

21. Q: And you never signed the Deed of Sale in question?

A: No.

22. Q: But before that, did the defendant ask you to sign any other document.

A: I did sign some documents related to our business venture. There is nothing
unusual there.

23. Q: When was the last time you signed a document coming from the defendant?

A: Early this year, I think that was around January. We were finalizing the dissolution
of our partnership.

24. Q: Does it mean that the signature on the Deed which is being claimed to belong to
you was forgery?

A: Yes.

25. Q: And therefore, you never became a witness to the execution of the Deed of Sale?

A: Never.

26. Q: Is the signature allegedly belonging to you in any way similar to your actual

A: Yes, surprisingly, although I can see differences in the way the forgery was made.

27. Q: So clearly the signature is a forgery?

A: Yes.


Witness my hand this 8th day of January, 2013, at Baguio City, Philippines.



SUBSCRIBED AND SWORN TO BEFORE ME this 4th day of December, 2012 at the
City of Baguio, Philippines, affiant exhibiting to me her DRIVER’S LICENSE with No. A05-09-
08755490 issued on 13 May 2012 at the City of Baguio.


Notary Public
Until Dec. 31, 2012, Baguio City
PTR No. 773901, 12-31-11; BC
IBP No. 075523, lifetime
Roll No. 170977
Doc. No. 10;
Page No. 6;
Book No. 3;
Series of 2012.
City of Baguio ) S.S.


I, NESTONEL F. ESTRADA , am the counsel of record of MARIA BASA, under oath

declare and state that:

a. I personally conducted the examination of MAGGIE DELA HOYA in a question and

answer format;

b. The questions propounded and answers given in the foregoing affidavit are faithfully
recorded as they now therein and that the corresponding answers to the questions were duly
given by the affiant Maggie dela Hoya; that I nor any person has assisted, helped, or coached
the affiant in giving his answers to the questions.

c. I am fully aware of the consequences of giving a false attestation.

SUBSRIBED AND SWORN to before me this 8th day of January, 2013, in the City of
Baguio, Philippines.


SUBSCRIBED AND SWORN TO BEFORE ME this 8th day of January, 2013 at the City
of Baguio, Philippines, affiant exhibiting to me his DRIVER’S LICENSE with No. A05-09-
09877790 issued on 1 March 2012 at the City of Baguio.



Notary Public
Until Dec. 31, 2012, Baguio City
PTR No. 666091, 12-31-11; BC
IBP No. 643123, lifetime
Roll No. 25145

Doc. No. 10;

Page No. 1;
Book No. 1;
Series of 2013.