1

Republic of the Philippines

REGIONAL TRIAL COURT
Ninth Judicial Region
Branch 13
Zamboanga City

IN RE: PETITION FOR RECOVERY OF CHATTEL

WITH PRAYER FOR WRIT OF REPLEVIN

EDGAR E. SIOSE,
represented by his Attorney-in-Fact,
JUANITO S. SARMIENTO,
Petitioner,
-versus- MISC NO. 17-29

ELPIDIO B. DELA CRUZ,

Respondent.
x-------------------------------x

JUDICIAL AFFIDAVIT
I, JUANITO S. SARMIENTO, of legal age, married, Filipino
citizen, and a resident of Barangay Sinunuc, Zamboanga City,
Philippines, after having been duly sworn in accordance with
law hereby depose and say that:
PREFARATORY STATEMENT
The person examining me is ATTY. JAN MARC B.
SANTOS. Examination is done in his office at 3rd Floor, D&G
Building, Galvez Street, Zamboanga City, Philippines. I am
answering the questions that are being asked of me under
oath and I am aware that I may be criminally prosecuted
under the Revised Penal Code if found to have given a false
testimony.
OFFER OF TESTIMONY
The testimony of JUANITO S. SARMIENTO is being
offered for the following purposes:
1. To prove that he is the Attorney-in-fact of the Petitioner
EDGAR L. SIOSE in the above-entitled case;
2. To prove that the Petitioner is the owner of the said
HONDA DREAM motorcycle with registration no. 234785854
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QUESTIONS AND ANSWERS

Q1: In what language or dialect do you prefer to be
interviewed?
A1: In English, Sir.
Q2: Do you swear to tell the truth to each and every question
I am going to ask you?
A2: Yes, Sir.
Q3: Would you please state your name, status, address and
other personal circumstances.
A3: I am JUANITO S. SARMIENTO, of legal age, married,
Filipino citizen, and a resident of Barangay Sinunuc, Zamboanga
City, Philippines.
Q4: Why are you here today?
1. A4: In order to give my testimony regarding the Petition
I filed for and in behalf of my cousin, EGDAR L. SIOSE, for the
recovery of the Honda Dream motorcycle with Certificate of
Registration No. 234785854, which is pending with RTC Branch
13, Zamboanga City.
Q5: What is your interest in this Petition?
A5: I am the Attorney-in-Fact, through a Special Power of
Attorney, of my cousin EDGAR E. SIOSE, who is the lawful
and owner of the said motorcycle with Honda Dream
motorcycle with Certificate of Registration No. 234785854.
Q6: If the said Special Power of Attorney is shown to you, will
you be able to identify it?
A6: Yes, Sir.
Q7: I am showing to you a Special Power of Attorney, is this
the document you are referring to?
A7: Yes, Sir.
(Manifestation by Counsel: We request your honor that the
Special Power of Attorney be marked as Exhibits “A” to “A-2”)
Q8: Have you complied with all the jurisdictional
requirements for the Petition?
A8: Yes, Sir.
Q9: If the said Petition is shown to you, will you be able to
identify it?
A9: Yes, Sir.
Q10: I am showing to you a Petition, is this the document you
are referring to?
A10: Yes, Sir.
 3

(Manifestation by Counsel: We request your honor that the

Petition be marked as Exhibits “B” to “B-4”)
Q11: There is a name and a signature on the last page of the
Petition, whose name and signature are these?
A11: Those are my name and signature.
(Manifestation by Counsel: We request your honor that the
name and signature found at the last page of the Petition be
marked as Exhibit “B-4-B”)
Q12: What else?
A12: The Honorable Court issued a Notice of Hearing for my
Petition which likewise contained an order for the posting of
the same.
Q13: I am showing to you a copy of the Notice of Hearing, is
this the one you are referring to?
A13: Yes, Sir.
(Manifestation by Counsel: We request your honor that the
Notice of Hearing be marked as Exhibit “C”)

(Manifestation by Counsel: Also forming part of the record of the

case is a Certificate of Posting which states that the Notice of
Hearing has been posted in three conspicuous places. We
request your honor that the said Certificate of Posting be
marked as Exhibit “D” for the Petitioner)
Q14: What is the interest of your cousin in this case?
A14: My cousin EDGAR L. SIOSE is the lawful and absolute
owner, of that certain Honda Dream motorcycle with
Certificate of Registration No. 234785854
Q15: Do you have any copy of the said Certificate Registration
No. 234785854
A15: Yes, Sir. The Office of the Land Transportation
Franchising and Regulatory Board with Certificate of
Registration No. 234785854

Q16: I am showing to you a copy of Certificate of Registration

No. 234785854, what is the relation of this title to the one you
have stated earlier?
A16: That is the one, Sir.
(Manifestation by Counsel: We request your honor that the
original copy the Certificate of Registration No. 234785854 be
marked as Exhibits “E” to “E-4”)
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Q17: How did your son become the lawful and absolute owner
of the said property?
A17: On September 12, 2006, my cousin EDGAR L. SIOSE
bought from Motor Store, Zamboanga City Branch the said
Honda Dream Motorcycle;
Q18: Do you have any evidence to prove the same?
A18: Yes, Sir. I have a copy of the official receipt of purchased
and the Certificate of Registration named after my cousin
Edgar Siose.
Q19: I am showing to you a copy of the official receipt and the
certificate of registration, what is the relation of this to the
one you have stated earlier?
A19: That is the one I was referring to, Sir.
(Manifestation by Counsel: We request your honor that the copy
of Deed of Absolute Sale be marked as Exhibits “F”)
Q20: What happened next?
A20: Sometime on April 2008 the defendant called the plaintiff
to borrow the said motorcycle be used as a “jabal-jabal” due to
the defendants financial constraint.

Q21: So you accompanied the Plaintiff when he delivered the

said motorcycle to the house of the Defendant?
A21: Yes Sir.

Q22: What did the Plaintiff said after he delivered the

motorcycle to the Defendant’s house sometime in April 2008?
A22: The Plaintiff without any written notice told the
Defendant that the said motorcycle will be returned to him on
May 12, 2009, a date which the both parties agreed upon.

Q23:What are you now asking from the Honorable Court?

A23: I am respectfully praying to this Honorable Court that
after due notice and hearing, to order the Defendant Elpidio B.
Dela Cruz to return the said Honda Dream motorcycle with
Certificate of Registration No. 234785854
Q24: Is there anything more you want to say in connection
with this Petition?
A24: Nothing more, Sir.
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IN WITNESS WHEREOF, I have hereunto set my hand this

16th day of June 2016 in the City of Zamboanga, Philippines.

JUANITO S. SARMIENTO
Affiant

SUBSCRIBED AND SWORN to before me this 16th day of

June 2016 in the City of Zamboanga, Philippines. Affiant
exhibited to his Senior Citizen’s Identification Card bearing no.
070337 and swore to the foregoing.

ATTY. JAN MARC B. SANTOS

Notary Public until December 11, 2014
Doc. No: 0923 Notarial Commission No. 2014– 63
Page No: 6 Roll No. 47871
Book No: 23 TR No. 068769-01/02/2016
Series of 2016 IBP No. 855219-01/02/2016
at Zamboanga City
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ATTESTATION

I, ATTY. JAN MARC B. SANTOS, of legal age, Filipino,

and with office address at 3rd Floor, D&G Building, Galvez
Street, Zamboanga City, Philippines, do hereby depose and
state, that:

1. I faithfully recorded or caused to be recorded the

questions asked and the corresponding answers that the
witness gave in accordance with Section 4 of A.M. No. 12-8-8-
SC otherwise known as the Judicial Affidavit Rule;

2. Neither I nor any other person then present or assisting

with the above-stated Judicial Affidavit coached the witness
regarding the answers given by the latter;

3. I am executing this Affidavit to attest to the authenticity,

genuineness, and veracity of the facts laid down in the above
Judicial Affidavit of the witness for whatever legal purpose it
may serve within the boundaries set forth by law.

IN WITNESS WHEREOF, I have hereunto affixed my

signature this 16th day of June 2016 in the City of Zamboanga,
Philippines.

ATTY. JAN MARC B. SANTOS

Roll of Attorney’s No. 65312

SUBSCRIBED AND SWORN to before me this 16th day of

June 2017 at the City of Zamboanga, Philippines.

Doc. No. 0923

Page No. 6
Book No. 23
Series of 2016
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Republic of the Philippines

REGIONAL TRIAL COURT
Ninth Judicial Region
Branch 13
Zamboanga City

IN RE: PETITION FOR RECOVERY OF CHATTEL

WITH PRAYER FOR WRIT OF REPLEVIN

EDGAR E. SIOSE,
represented by his Attorney-in-Fact,
GERONIMO N. HIPOLITO,
Petitioner,
-versus- MISC NO. 17-30

ELPIDIO B. DELA CRUZ,

Respondent.
x-------------------------------x

JUDICIAL AFFIDAVIT
I, GERONIMO N. HIPOLITO, of legal age, married, Filipino
citizen, and a resident of Barangay Ayala, Zamboanga City,
Philippines, after having been duly sworn in accordance with
law hereby depose and say that:
PREFARATORY STATEMENT
The person examining me is ATTY. JAN MARC B.
SANTOS. Examination is done in his office at 3rd Floor, D&G
Building, Galvez Street, Zamboanga City, Philippines. I am
answering the questions that are being asked of me under
oath and I am aware that I may be criminally prosecuted
under the Revised Penal Code if found to have given a false
testimony.
OFFER OF TESTIMONY
The testimony of GERONIMO N. HIPOLITO is being
offered for the following purposes:
3. To prove that he is the Attorney-in-fact of the Petitioner
EDGAR L. SIOSE in the above-entitled case;
4. To prove that the Petitioner is the owner of the said
HONDA DREAM motorcycle with registration no. 234785854
 8

QUESTIONS AND ANSWERS

Q1: In what language or dialect do you prefer to be
interviewed?
A1: In English, Sir.
Q2: Do you swear to tell the truth to each and every question
I am going to ask you?
A2: Yes, Sir.
Q3: Would you please state your name, status, address and
other personal circumstances.
A3: I am GERONIMO N. HIPOLITO, of legal age, single,
Filipino citizen, and a resident of Barangay Ayala, Zamboanga
City, Philippines.
Q4: Why are you here today?
A4: To give my statement regarding the Petition I filed for and
in behalf of my friend, EGDAR L. SIOSE, for the recovery of
the Honda Dream motorcycle with Certificate of Registration
No. 234785854, which is pending with RTC Branch 13,
Zamboanga City.
Q5: What is your interest in this Petition?
A5: I am one of the Attorney-in-Fact, through a Special Power
of Attorney, of my friend EDGAR E. SIOSE, who is the lawful
and owner of the said motorcycle with Honda Dream
motorcycle with Certificate of Registration No. 234785854.
Q6: If the said Special Power of Attorney is shown to you, will
you be able to identify it?
A6: Yes, Sir.
Q7: I am showing to you a Special Power of Attorney, is this
the document you are referring to?
A7: Yes, Sir.
(Manifestation by Counsel: We request your honor that the
Special Power of Attorney be marked as Exhibits “A” to “A-2”)
Q8: Have you complied with all the jurisdictional
requirements for the Petition?
A8: Yes, Sir.
Q9: If the said Petition is shown to you, will you be able to
identify it?
A9: Yes, Sir.

Q10: I am showing to you a Petition, is this the document you

are referring to?
A10: Yes, Sir.
 9

(Manifestation by Counsel: We request your honor that the

Petition be marked as Exhibits “B” to “B-4”)
Q11: There is a name and a signature on the last page of the
Petition, whose name and signature are these?
A11: Those are my name and signature.
(Manifestation by Counsel: We request your honor that the
name and signature found at the last page of the Petition be
marked as Exhibit “B-4-B”)
Q12: What else?
A12: The Honorable Court issued a Notice of Hearing for my
Petition which likewise contained an order for the posting of
the same.
Q13: I am showing to you a copy of the Notice of Hearing, is
this the one you are referring to?
A13: Yes, Sir.
(Manifestation by Counsel: We request your honor that the
Notice of Hearing be marked as Exhibit “C”)

(Manifestation by Counsel: Also forming part of the record of the

case is a Certificate of Posting which states that the Notice of
Hearing has been posted in three conspicuous places. We
request your honor that the said Certificate of Posting be
marked as Exhibit “D” for the Petitioner)
Q14: What is the interest of your friend in this case?
A14: My cousin EDGAR L. SIOSE is the lawful and absolute
owner, of that certain Honda Dream motorcycle with
Certificate of Registration No. 234785854
Q15: Do you agree with the testimony of your fellow witness
JUANITO S. SARMIENTO, when he states that both the
Plaintiff and the Defendant agreed that the said motorcycle
will be returned on May 12, 2009.
A15: Yes, Sir.
Q16: Aside from those statement what else have you witness
between the conversation of the Plaintiff and the Defendant?
A16: The Plaintiff told the Defendant that he will get the
motorcycle personally when the agreed date expires.

Q17: What else?

A17: Nothing more sir, because the conversation between
them was quite fast, and we left the residence of Defendant.
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Q18: What are you now asking from the Honorable Court?
A18: I am respectfully praying to this Honorable Court that
after due notice and hearing, to order the Defendant Elpidio B.
Dela Cruz to return the said Honda Dream motorcycle with
Certificate of Registration No. 234785854.
Q19: Is there anything more you want to say in connection
with this Petition?
A19: Nothing more, Sir.

IN WITNESS WHEREOF, I have hereunto set my hand

this 16th day of June 2016 in the City of Zamboanga,
Philippines.

GERONIMO N. HIPOLITO
Affiant

SUBSCRIBED AND SWORN to before me this 16th day of

June 2016 in the City of Zamboanga, Philippines. Affiant
exhibited to his SSS Identification Card bearing no.
556623128 and swore to the foregoing.

ATTY. JAN MARC B. SANTOS

Notary Public until December 11, 2014
Doc. No: 0924 Notarial Commission No. 2014– 63
Page No: 5 Roll No. 47871
Book No: 23 TR No. 068769-01/02/2016
Series of 2016 IBP No. 855219-01/02/2016
at Zamboanga City
 11

ATTESTATION

I, ATTY. JAN MARC B. SANTOS, of legal age, Filipino,

and with office address at 3rd Floor, D&G Building, Galvez
Street, Zamboanga City, Philippines, do hereby depose and
state, that:

4. I faithfully recorded or caused to be recorded the

questions asked and the corresponding answers that the
witness gave in accordance with Section 4 of A.M. No. 12-8-8-
SC otherwise known as the Judicial Affidavit Rule;

5. Neither I nor any other person then present or assisting

with the above-stated Judicial Affidavit coached the witness
regarding the answers given by the latter;

6. I am executing this Affidavit to attest to the authenticity,

genuineness, and veracity of the facts laid down in the above
Judicial Affidavit of the witness for whatever legal purpose it
may serve within the boundaries set forth by law.

IN WITNESS WHEREOF, I have hereunto affixed my

signature this 16th day of June 2016 in the City of Zamboanga,
Philippines.

ATTY. JAN MARC B. SANTOS

Roll of Attorney’s No. 65312

SUBSCRIBED AND SWORN to before me this 16th day of

June 2017 at the City of Zamboanga, Philippines.

Doc. No. 0924

Page No. 5
Book No. 24
Series of 2016