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Republic of the Philippines

National Capital Judicial Region


REGIONAL TRIAL COURT
Branch 145, Makati City

IN THE MATTER OF THE SP Case No. M-7637


TESTATE AND
INTESTATE ESTATE OF For: Probate of the Will and
DEMETRIA SALAZAR DE Settlement of Estate
LEON,

MARINA SALAZAR DE
LEON and JOCELYN
GLORIOSA DE LEON-
VARERO,
Petitioner.
x-------------------------------x

JUDICIAL AFFIDAVIT
OF
MARINA SALAZAR DE LEON

Purpose of Testimony:

1. To prove that the late Demetria Salazar De Leon was of sound


& disposing mind and was capacitated to dispose of her
property

2. To prove that her signature was not procured by fraud or trick


and that such was freely given.

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Judicial Affidavit of Marina Salazar De Leon
1. Question: Please state your name and other personal
circumstances

Answer: Marina Salazar De Leon, of legal age, single, Filipino


and a resident of 120 Banaba St., Ayala Alabang Village
Muntinlupa City.

2. Question: Who is the lawyer conducting this direct


examination?

Answer: Atty Johari Pradas Casan is the lawyer who conducted


this direct examination.

3. Question: Where is this examination being held?

Answer: At Lyceum of the Philippines University, 109 L.P.


Leviste St., Salcedo Village Makati City.

4. Question: Are you answering the questions asked of you fully


conscious that you are doing so under oath and that you may
face criminal liability for false testimony or perjury

Answer: Yes, I am answering the question asked of me fully


conscious that I am doing so under oath, and that I may face
criminal liability for false testimony or perjury.

5. Question: Do you know the decedent in the instant case, the


later Demetria Salazar De Leon?

Answer: Yes I do know the late Demetria Salazar De Leon.

6. Question: Why do you know her?

Answer: I know her because I am her sole surviving sister and


her next of kin.

7. Question: Why are you testifying in court today?

Answer: I am testifying in court to prove that the late Demetria


Salazar De Leon when she executed her Huling Habilin o
Testamento was of sound & disposing mind and that she was
capacitated enough to dispose of her estate and also to prove
that her signature was not procured by fraud.
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Judicial Affidavit of Marina Salazar De Leon
8. Question: You mentioned earlier that you are testifying to
prove that the late Demetria Salazar De Leon was of sound &
disposing mind and capacitated enough to dispose of her
estate during the execution of her Huling Habilin o Testamento.
How did you come to this understanding?

Answer: I was with my sister Demetria Salazar De Leon,


Hermina Santos and the Notary Public, Atty Dennis M. Timajo
along with three (3) other witnesses namely Pablo Fallaria,
Gloria Verde and Grace Cocson during the execution of the
Huling Habilin o Testamento of the late Demetria Salazar De
Leon.

9. Question: Where and when did the execution of the will


happened?

Answer: It happened at the Jesus I Santos Law Offices wherein


me and my sister the late Demetria Salazar De Leon would
often visit regarding various legal concerns regarding our
business, D’Metyangs Corporation. It happened on August 22,
2008.

10. Question: Can you say that during the execution of the
Huling Habilin o Testamento that the late Demetria Salazar De
Leon was of sound & disposing mind and was indeed
capacitated enough?

Answer: Yes. Given that she was ninety (90) years old during
the execution of the Huling Habilin o Testamento, she was able
to bequeathed & dispose of all of her properties. She was able
to indicate also each and every property to be bequeathed and
disposed to Jocelyn Gloriosa De Leon-Varero.

11. Question: What else are the actions of the late Demetria
Salazar De Leon to show that she indeed was of sound &
disposing mind and capacitated enough to dispose her estate?

Answer: Yes. Such action can be shown during the execution &
signing of the Huling Habilin o Testamento. The late Demetria
Salazar De Leon was able to properly understand the things
explained to her by herein Notary Public, Atty Dennis M. Timajo
with regards to the signing in each and every page of the Huling
Habilin o Testamento in the presence of the three (3) attesting
witnesses & before the Notary Public as well. Also my sister,
the late Demetria Salazar De Leon was able to personally
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Judicial Affidavit of Marina Salazar De Leon
acknowleged the Huling Habilin o Testamento along with the
three (3) attesting witnesses before the Notary Public, Atty
Dennis M. Timajo.

12. Question: As to the signing of the late Demetria Salazar


De Leon of the Huling Habilin o Testamento, can you say that
such was not procured by fraud or trick?

Answer: Yes I can say that her signature was freely given by
her. It was not procured by fraud or trick as she signed each
and every page of her Huling Habilin o Testamento before the
three (3) attesting witnesses namely Pablo Fallaria, Grace
Cocson & Gloria Verde and the Notary Public, Atty Dennis M.
Timajo.

MARINA SALAZAR DE LEON


Affiant

SUBSCRIBED AND SWORN to before me in the City of Makati


this 10th day of May 2018, personally known to me as such. Affiant
exhibited to me her Driver’s License No. N03-80-133490 issued at
Makati City.

Doc.No.:_____; EMIL M. OCFENIA


PageNo.:_____; Notary Public
Until December 31, 2018
BookNo.:_____:
Per Notarial Commission No. M-121 Makati City
Series of 2018. IBP No. 914572; March 9, 2014; Makati Chapter
PTR No. 4253756; January 31 2018; Makati City
Roll No. 56725

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Judicial Affidavit of Marina Salazar De Leon
ATTESTATION CLAUSE

I, ATTY JOHARI PRADAS CASAN do hereby attest that:

1. I conducted and supervised the examination of the witness


Marina Salazar De Leon.
2. I faithfully recorded or caused to be recorded the questions I
asked, and the corresponding answers that the witness gave;
and
3. Neither me nor any other person then present or assisting the
witness coached the latter regarding his answers.

ATTY JOHARI PRADAS CASAN


Counsel for Petitioner

SUBSCRIBED AND SWORN to before me in the City of Makati


this 10th day of May 2018, personally known to me as such. Affiant
exhibited to me her Driver’s License No. N03-80-133490 issued at
Makati City.

Doc.No.:_____; EMIL M. OCFENIA


PageNo.:_____; Notary Public
Until December 31, 2018
BookNo.:_____:
Per Notarial Commission No. M-121 Makati City
Series of 2018. IBP No. 914572; March 9, 2014; Makati Chapter
PTR No. 4253756; January 31 2018; Makati City
Roll No. 56725

Copy furnished by personal service:

BALT, BALBIN & ASSOCIATES


Counsel for the Oppositors
5/F, 8 Rockwell, Plaza Dr, Makati City

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Judicial Affidavit of Marina Salazar De Leon
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Judicial Affidavit of Marina Salazar De Leon

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