REPUBLIC OF THE PHILIPPINES

THIRD JUDICIAL REGION

MUNICIPAL TRIAL COURT
San Miguel, Bulacan

HEIRS OF VIRGILIO JAVIER,

SR.,
Plaintiffs,

CIVIL CASE NO. 2848

--versus-- FOR: UNLAWFUL DETAINER

HEIRS OF REYNALDO L.
DANTES, Rep. by ROLLY
DANTES

Defendants.
x-------------------------------------------x

DIRECT EXAMINATION OF PLAINTIFF BY WAY OF AN

AFFIDAVIT IN THE FORM OF QUESTIONS AND ANSWERS

With the kind permission of the Honorable Court, the

testimony of the witness is being offered to prove the following –
THAT:

1. Plaintiff is the heir of Virgilio Javier, Sr., the owner of the

subject property.

2. Defendant was allowed by the father of the Plaintiff to

occupy the property by mere tolerance.

3. Plaintiff requested the Defendants to vacate the property

when the need to utilize the same arose.

4. To identify pertinent documents and to testify on other

matters relevant to this case.

Direct Examination of Plaintiff Joel B. Javier:

5. Q: Mr. Witness, are you the same JOEL B. JAVIER, the

Plaintiff in this case.
A: Yes, sir.

6. Q: How about the respondent, how are you related to

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him?
A: She is my wife, sir.

7. Q: When were you married?

A: We were married on June 20, 2015.

8. Q: Do you have any document to prove the fact of

your marriage?
A: Yes, sir.

9. Q: And what proof do you have?

A: Our Marriage Certificate, sir.

10. Q: I am showing to you a Marriage Certificate which

was marked as Exhibit “A”, kindly go over this
document and tell us what relation this document has
with the Marriage Certificate which you mentioned a
while ago.
A: This is our Marriage Certificate, sir.

11. Q: Did your relationship with the respondent sire

children?
A: No sir. We did not have any child.

12. Q: Were you able to acquire a property of substantial

value during your marriage with the respondent?
A: No, sir.

13. Q: Mr. Witness how did you meet the respondent?

A: I met her in 2010. We were both students in
Pamantasan ng Cabuyao and she was introduced to me
by a common friend. We became close because we were
both officers of the Reserve Officer’s Training Corps
(ROTC).

14. Q: What happened after you were introduced to each

other?
A: We started to go out and I began to court her.
Because we see each other often since we are in the same
school, we became close. After several months of
courtship, we became lovers.

15. Q: How would you describe your relationship as a

couple?
A: We were okay in the beginning. She was quiet but
sweet. We used to see each other a lot even if we have
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tight schedules because of school projects, and she was

busy with her studies as well. However, as we grew
closer, I became very impatient and was very jealous. I
easily get angry whenever she would be late in our dates.
I get mad whenever another person sends her a text
message even if I know that the person sending her a
message is just her friend.

16. Q: As husband and wife how would you describe your

relationship?
A: As husband and wife, our relationship was not an
ideal one. We both lived in the house of my parents as
part of our arrangement even before the marriage.
However, I manifested my emotional immaturity in many
ways, thus, we sometimes engaged in misunderstandings
and fight. Unfortunately, reasons for such disputes and
disagreements only involved simple and trivial matters.

17. Q: What happened next if any Mr. Witness?

A: The respondent did not like the way my parents
treat her, saying that my parents were cold. She decided
to move out, and I followed her to her parent’s home and
we both lived there. I was also out of work, so she was the
one working for both of us.

18. Q: Did the respondent lend finances to support you?

A: Yes, since I have no source of income during that
time.

19. Q: Anything to add Mr. Witness?

A: Yes, Sir, aside from the fact that I had no work, I
also started to go out with my friends more often. I spent
more time with them than in our house. When I was at
home, I spent all day playing computer games.

20. Q: How did you address these situations which

troubled your marriage?
A: I tried to talk to her to solve our problems.
However, instead of fixing myself and removing all my
vices, I became more addicted to them. Sometimes I
spend most of my time with friends and slept in their
homes because I was fed up with the fact of having to
deal with my wife again.

21. Q: What happened next if any Mr. Witness?

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A: When we had the chance to talk, the Respondent

told me that she can no longer feel my love and that she
wanted to get separated. At first, I thought she was just
kidding. But when the fact sunk in, all I did was cry and I
felt helpless. I felt confused because I knew that we were
too young to be in that kind of a relationship.

22. Q: What did you then?

A: Feeling that we can still solve our problems, I asked
her to fix our situation and we both agreed to live again
together under one roof. We tried to behave as normal
couple would and tried to strengthen our relationship,
but things did not work out the way we wanted. We
always fought and argued to the point of physical
confrontation. Whenever I would hurt her, I would feel
bad. But instead of comforting her, I would just stay out
of our house and be with my friends to get drunk.

23. Q: How did the respondent address these situations?

A: She tried talking to me several times. Whenever she
notices that I was down and lonely, she would ask me if I
want to talk. However, I became more impatient and
indifferent. I became ill-tempered and we even had a
fight – to the point that I pushed her and threw
something at her.

24. Q: What happened next Mr. Witness?

A: When the respondent had the chance to leave, she
left. She did not try to communicate and so did I. I never
reached out to her and let her go.

25. Q: Did you try to look for her whereabouts?

A: No Sir, I did not bother to look for her. I felt that she
would be happier on her own. I was also confused back
then and thought she already had another relationship.

26. Q: Did you try to fix the situation again Mr. Witness?
A: Not anymore Sir. Because of fear that I might hurt
her again and the financial troubles I had because I was
out of work, I decided not to pursue her anymore. I let
her go because I knew that this will be the best for both of
us.

27. Q: Do you have anything more to say Mr. Witness?

A: No more sir.
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28. Q: Do you affirm and confirm the veracity of the

statements contained in this affidavit?
A: Yes sir.

I am submitting my Judicial Affidavit to serve as my direct

testimony in the above-captioned case.

IN WITNESS WHEREOF, I have hereunto set my hand this

26 day of December 2018 in Makati City, Philippines.
th

MARLON ZONIO
REBULLO
Petitioner

Sworn Attestation of Lawyer

I, BRIAN M. JAVIER, execute this sworn attestation that: (a) I

conducted or supervised the examination of MARLON ZONIO
REBULLO; (b) I faithfully recorded or caused to be recorded the
questions I asked and the answers given by the witness; AND (c)
neither I nor any other person present or assisting coached the
witness regarding the answers.

BRIAN M. JAVIER

Examining Lawyer

Before me a notary public in and for Makati City, this 26th day
of December 2018 personally appeared MARLON ZONIO
REBULLO who was identified by me through competent evidence of
identity (Unified Multi-Purpose ID No. 0111-5359586-9) to be the
same person who presented the foregoing affidavit for notarization
and signed the document/instrument in my presence who took an
affirmation before me as to such document/instrument; and BRIAN
M. JAVIER, who was identified by me through competent evidence
of identity (IBP Card No. 68799), to be the same person who
presented the foregoing attestation for notarization and signed the
attestation in my presence who took an affirmation before me as to
such document/instrument.

Notary Public
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Doc. No. _____;

Page No. _____;
Book No. _____;
Series of 2018.

Copy Furnished: (Through Personal Service)

THE OFFICE OF THE SOLICITOR GENERAL

134 Amorsolo St., Legaspi Village
Makati City

OFFICE OF THE CITY PROSECUTOR

Hall of Justice
Pasay City