REPUBLIC OF THE PHILIPPNES )

City of Bacolod ) S.c.

X ------------------------------------ X

JUDICIAL AFFIDAVIT

We, SPS. ALAN AND EM ANG, both of legal age,

Filipino, and a resident of Bacolod City, Negros Occidental,
Philippines, after having been sworn in accordance with law,
hereby depose and state that:

We are submitting this Judicial Affidavit as a witness in

the case entitled REGENT PEARL DEVELOPMENT
CORPORATION AND SPS. ALAN & EM ANG VERSUS
EDUARDO L. ANG, THE EX-OFFICIO SHERIFF OF THE
PROVINCE OF NEGROS OCCIDENTAL AND THE REGISTER OF
DEEDS OF THE CITY OF BACOLOD, before RTC, Branch 48,
Bacolod City, and pursuant to A.M. No. 12-8-8-SC (Judicial
Affidavit Rule) of the Supreme Court.

The name of the lawyer who conducted or supervised

my examination is Atty. Woodro L. Guanzon, with office
address located at Suite 38, 3rd Floor Bargain Square Mall
San Juan St., Bacolod City, Neg. Occ., Bacolod City. Such
examination was conducted in the same office address on
April 21, 2016.

We are filing this Judicial Affidavit as a solidary co-

debtor of Regent Pearl Development Corporation and for the
purpose of presenting our claims for damages arising from
the illegally held public auction sale conducted last March
14, 2014 of the subject mortgaged properties owned by our
co-plaintiff, Regent Pearl Development Corporation.

We answered the questions asked herein fully

conscious that we do so under oath and that we may face
criminal liability for false testimony or perjury, to wit:

Q1: Sir and Madam Witness, what are your names and
other personal circumstances in relation to the present case?

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A1: We SPS. ALLAN and EM ANG, both of legal age, Filipino,
, a resident of Bacolod City and a solidary co-debtor of the
herein plaintiff, Regent Pearl Development Corporation.

Q2: What are your connection to the Plaintiff Regent Pearl

Development Corporation?

A2: I, Em Ang, the wife of the President of Regent Pearl

Development Corporation, Alan L. Ang.

Q3: How did you know the defendant Eduardo L. Ang?

A3: He is my brother-in-law Sir.

Q4: How about the defendant Ex-Officio Provincial Sheriff of

Negros Occidental? What is his relation to this case?

A4: He is impleaded in his official capacity as the officer who

conducted the foreclosure proceedings last March 14, 2014
involving the two (2) parcels of land covered by Transfer
Certificate of Title Nos. T-279608 and T-279609.

Q5: How about the involvement of the Register of Deeds of

Bacolod City in this case?

A5: It is impleaded as a nominal party being the

government agency who records and keeps track of the
transactions that transpired on the subject properties in this
case.

Q6: What happened to this case?

A6: A Petition for Extra-Judicial Foreclosure of Mortgage

belonging to my co-plaintiff corporation was filed before the
defendant Ex-Officio Sheriff of Negros Occidental involving
two (2) parcels of land covered by Transfer Certificate of
Title No. T-279608 and T-279609. The Ex-Office Sheriff then
issued a Notice of Extra Judicial Sale of Real Estate Mortgage
dated February 11, 2014 showing that the account balance
of the corporation with the defendant still amounts to
P6,000,000.00 which is clearly excessive considering that

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the principal loan was P5,000,000.00 and the corporation
already made several payments/property settlements to the
said defendants. (Showing a copy of Extra-Judicial
Foreclosure of Mortgage and Notice of Extra-Judicial
Sale of Real Estate Mortgage)

Q7: Approximately to what amount then the

payments/property settlements had the plaintiff corporation
made to the herein defendants?

A7: As of this date, the payments/property settlements

made by the corporation to the defendant Eduardo L. Ang
already amounts to P9,165,379.66 which is a consolidated
payment for two (2) dollar loans extended by the defendant
to the corporation equivalent approximately P9,000,000.00
total loan principal, evidenced by summary and proof of
payments/settlements made by the corporation to the
defendant Eduardo L. Ang and a Promissory Note dated May
5, 2011 as evidence to the two (2) dollar loans extended by
the defendant Eduardo L. Ang, equivalent to approximately
P9,000,000.00. (Showing a copy of Summary of
Payments/Settlements to Eduardo L. Ang, Promissory
Note dated May 5, 2011)

Q8: Can you please specifically enumerate the payments

you made to the defendant Eduardo Ang which amounted to
P9,165,379.66?

A8: To wit:

Jewelries P 428,280.00
Block 1, Lot 2 917,565.85
Block 1, Lot 5 1,223,904.47
Block 1, Lot 7 1,540,347.07
Block 1, Lot 3 720,000.00
Block 1, Lot 4 720,000.00
Block 18, Lot 5 369,000.00
Block 18, Lot 5 349,200.00
Block 2, Lot 1 1,262,000.00
Block 9, Lot 1 1,262,000.00
P 9,165,379.66

The supporting documentation of the above-stated

payments are hereto attached as Annex “___”.

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Q9: What happened after the Notice of Extra Judicial Sale
of Real Estate Mortgage has been served?

A9: Despite our vehement objections and continuous

payment of P150,000.00 per month which was never
delayed for three (3) consecutive months as agreed with the
defendant, said defendant proceeded with the auction sale
of the subject properties in this case which auction was
clearly premature but was still conducted by the defendant
Ex-Officio Sheriff evidenced by a Certificate of Sale which is
being challenged by us to date, and was eventually caused
to be annotated before the Office of defendant Register of
Deeds of the City of Bacolod by defendant Eduardo L. Ang.
(Showing a copy of the Certificate of Sale)

Q10: The Extra-Judicial Foreclosure, Notice of Extra

Judicial Sale of Real Property, Summary of
Payments/Settlements to Eduardo L. Ang, Promissory
Note dated May 5, 2011 and Certificate of Sale are now
being adapted as an integral part of your judicial affidavit
without the need of attaching as exhibit as the same was
duly marked in open court and found in the court
expediente.

What was the effect of the acts of the defendants in

foreclosing the said mortgaged properties despite your
vehement objection to conduct the said auction sale?

A10: By virtue of the unjustified foreclosure which was

prematurely done and without considering the material
payments made, being a solidary co-debtor of the plaintiff
corporation, We suffered grave and irreparable injury. Also,
in order to protect my rights and interests, WEwas
constrained to avail the services of a counsel.

Q11: So what do you now specifically ask of this Honorable

Court?

A11: By reason of the above mentioned incidents, WEam

asking for this Honorable Court to order the defendants to
pay Exemplary Damages so as to deter the defendant from
doing similar acts to others who are similarly situated, in the

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amount of P100,000.00 and P50,000.00 for Attorney’s Fees
the We had incurred.

AFFIANT FURTHER SAYETH NAUGHT.

PETITIONER RESERVES THE RIGHT TO RE-DIRECT

AS ALLOWED BY THE RULES.

IN WITNESS WHEREOF, WEhave hereunto affixed my

signature this ___ day of April 2016 at the City of Bacolod,
Philippines.

ALLAN ANG EM ANG

Witness Witness

JURAT

SUBSCRIBED AND SWORN to before me this ___ day of

April 2016, by the Affiant whom WEhave identified through
competent evidence of identity who exhibited their
___________________________________ with their
signature and picture appearing thereon.

Notary Public
Doc. No. ___;
Page No. ___;
Book No. ___;
Series of 2016.

ATTESTATION

I, ATTY. WOODRO L. GUANZON, under oath, depose

and state that:

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 WEam the legal counsel who conducted the foregoing
examination of witness, EM ANG as contained in this
Judicial Affidavit;

WEfaithfully recorded or caused to be recorded the

questions asked of the said witness and the answers she
gave thereto; and that no other person assisted her in her
declaration neither was she coached with answers.

IN WITNESS WHEREOF, WEhave hereunto affixed my

signature this ____ day of April 2016, at the City of Bacolod,
Philippines.

Atty. Woodro L. Guanzon

Collaborating Counsel for the Plaintiffs
Roll of Atty. No. 54806
IBP Lifetime No. 09367, Bacolod City
PTR No. 6340584 / 1-4-16; Bacolod City
MCLE CC No. V-0011163; 10/15/2015
Suite 38, 3rd Floor Bargain Square Mall
San Juan St., Bacolod City, Neg. Occ.
Tel. No. (034) 468-0293
Email address: wood1265@gmail.com

SUBSCRIBED AND SWORN to before me this ___ day

of April 2016, by the Affiant who exhibited to me his IBP ID
bearing his Roll No. 56454 with his signature affixed thereon
and likewise his picture appearing thereon.

Notary Public

Doc. No. ___

Page No. ___
Book No. ___
Series of 2016.

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