REPUBLIC OF THE PHILIPPINES

Fourth Judicial Region

MUNICIPAL TRIAL COURT in CITIES
Branch No. 1, DASMARINIAS CAVITE
Contact No. 0917-680-8127

PEOPLE OF THE PHILIPPINES

Plaintiff,

-versus-
CRIM. CASE NOs. 19-0660and 19-0661
FOR; TRESPASS TO DWELLING and
GRAVE COERCION

JOSEPH P. ABAD, JOSIE ABAD,

NILDA AVILA, KATHERINE ARUZ
and DINDO BOHOLST
Accused.
x-----------------------------------------------x

JUDICIAL AFFIDAFIT

I, CATHERINE (KATHERINE) ARTUZ, of legal age, Filipina, with

residence and postal address at Blk. 62 Lot 21, City Homes Resortville,
Langkaan 2, Dasmarinas City, Cavite, after being duly sworn to in accordance
with law, and answering the questions ask of her, fully conscious does so under
oath, and that she may face criminal liability for false testimony or perjury,
hereby dispose and say:

(ATTY. ELISEO S. CALMA, JR., in his Office at No. 40 Kamagong St.,

Sapamanai Village, East Fairview, Quezon City, conducted the questioning on
January 12, 2020, and recorded the answers herein embodied:
The counter affidavit of the witness/accused, Catherine (Kaherine) Artuz, given
in the form of this judicial affidavit is in compliance with the Order dated
November 7, 2017 issued by the Hon. Assisting Judge, Maureen D.R. Lontoc-
Inciong, Municipal Trial Court in Cities, Branch 1, Dasmarinias City, Cavite,
which serves as her answer to the criminal charged against her, and to establish
the veracity of the fact/s stated herein.)

ATTY. ELISEO S. CALMA, JR.

Q1: Madam witness, why did you intend to execute a judicial affidavit, what is
its use for you? (Madam witness, bakit gustong mong magsasalaysay ng
isang sinumpaang salaylsay ayon sa porma na pang korte, ano bang
gamit nito para sa yo?);

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A1: To comply with the Order issued by the Municipal Trial Court (MTC)
Judge, Branch 1, Dasmarinias City, Cavite. (Bilang pag tupad sa Order
ng Municipal Trial Court (MTC) Judge, Branch 1, Dasmarinias City
Cavite.);

Q2: I have here a document, Order dated November 7, 2019 issued by the
Hon. Assisting Judge, Maureen D.R. Lontoc-Inciong, MTC, Dasmarinias
City, please examine this, and tell what is the relation of this document to
your case, if any. (Meyron akong kasulatan na isang Order na may
petsang Nobyemre 7, 2019, usisain mo, at sabihin kung ano ang
kaugnayan nito sa kaso mo, kung meron man.);

A2: This is the order I am referring to. ( Ito ang order na sinasabi ko.);

ATTY. ELISEO S. CALMA, JR.

I am requesting that this Order identified by the witness dated November 7,

2019, be marked as Exhibit No. 1, your Honor.

Q3: Why did the Hon. MTC Judge ordered you to submit a counter affidavit in
the form of judicial affidavit? (Bakit ba nag order ang Hukom ng MTC
na mag sumiti kayo ng kontra- salaysay ayon pormang pang korte?);

A3: Since there was a complaint filed against me, and the said judicial
affidavit serves as my answer. (Sa dahilan na may nag sampa ng kaso
laban sa akin, at iyon ay bilang sagot ko.);

Q4: I have here documents denominated as Investigation Data Form dated

May 6, 2018 and a ComplaintAffidavit (undated), both signed by
Gertrudes Viejo, please go over with it, and tell what is the relation it has
to your case, if any. (Meron akong kasulatan na tinaguriang
Investigation Data Form, Office of the City Prosecutor, Dasmarinias
City, Cavite dated May 6, 2018, and Complaint Affidavit (undated),
bothsigned by Gertrudes Viejo, maari mo bang usisahin, at sabihin
kung anong kaugnayan mayroon ito sa sinabi mong kaso.);

A4: This is the complaint filed against me, I am referring to.(Ito ang reklamo
na isinampa laban sa akin na tinutukoy ko.).

ATTY. ELISEO S. CALMA, JR.

I am requesting that this complaint identified by the witness, your Honor, be

marked as Exhibit No. 2 to Exhibit No. 2-C;

Q5: How did you happen to know that there was a complaint filed against
you? (Paano mo nalaman na may reklamongisinampa laban sa?);

A5: I was furnished by the Office of the City Prosecutor, Dasmarinias City,
a copy of the said complaint with an order to submit my answer to the
same. (Pinadalhan ako ng Office of the City Prosecutor, Dasmarinias
City, ng kopya sa isinampang kaso laban sa akin at inutusan na mag
sumiti ng sagot nito.);

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Q6: What did you do next upon receipt of the said complaint? (Anong sunod
mong ginawa ng matanggap mo ang naturang reklamo?);

A6: We submitted a joint answer. (Nag sumiti kami ng pinag isang sagot.);

Q7: You said, you submitted a joint answer, by the way, how many of you were
included on the said complaint? (Sinabi mo na nag sumiti kayo ng
pinag isang sagot, ilang pala kayong kasali sa naturang reklamong
iyon.);

A7: We were five (5) that were included in the said complaint. (Lima (5)
kami na kasali sa reklamong iyon.);

Q8: I have here documents, entitled: Respondents’ Joint Answer with Demurer
to the Complainant’s Evidence dated July 16, 2019, signed by Atty.
George Ancheng, please go over with it and tell what relation these
documents, if any, to your case. ( Meron akong kasulatan na pina
ngalanang, Respondents’ Joint Answer with Demurer to the
Complainant’s Evidence na may petsang July 16, 2019, na nilagdaan
ni Atty. George Ancheng. Usisain mo at sabihin kung anong
kaugnayan mayroon ito sa kaso mo.);

A8: This is our Joint Answer submitted to the Office of the City Prosecutor,
Dasmarinias City, I was referring to. (Ito ang pinag isang sagot namin
na sinumiti sa Opisina ng City Prosecutor, Dasmarinias City, Cavite
na tinutukoy ko.);

ATTY. ELISEO S. CALMA, JR.

I am requesting, your Honor, that the Respondents’ Joint Answer with Demurer
to the Complainant’s Evidence dated July 16, 2019, signed by Atty, George
Ancheng identified by the witness, be marked as Exhibit No. 3 to Exhibit No.
3-L with its unmarked attachments stated therein.

Q9: Madam witness, what can you say about the complaint filed by Gertrudes
Viejo against you? (Anong masasabi mo tungkol sa reklamong isi
nampa ni Gertrudes Viejo laban say yo?);

A9: The complaint of Gertrudes Viejo against us are all lies, because she is
not the real owner of the subject properties. (Ang reklamong isinampa
ni Gertrudes Viejo laban sa amin ay pawang kasinungalinngan, dahil
hinndi siya and tunay na may ari sa nasabing propedad,);

Q10: You said that the complainant, Gertrudes Viejo is not the real owner of
the subject properties, who is then the real owner of the same? (Sinabi

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 mo na ang nag sampa ng kaso laban sa inyo ay hindi tunay na may
ari ng propedad na iyon, sino pala ang tunay na may ari ng iyon?)

A10: Imus/Tala Estate is the real and true owner of the said properties,
represented by its Court Appointed Judicial Administrator, Prince Julian
Mordem Tallano. (Imus/Tala Estate ay ang tunay at tutuong may ari sa
nabangit na propedad na iyon, na pina ngasiwaan ng Court Appointed
Judicial Administrator, Prince Julian Mordem Tallano.);

Q11: Do you have any evidence or document to prove your allegation that
Imus/Tala Estate is the true owner of the said subject properties? (Meron
ka bang ebidensya o kasulatan na magpapatunay sa sinabi mo na ang
Imus/Tala Estate and tunay na may ari sa nasabing propedad na
yon?);

A11: Yes sir, I have documentary evidence to prove my allegation that

Imus/Tala Estate is the real and true owner of the said properties. (Opo,
meron akong kasulatang ebidensya na nag patunay na ang tunay at
tutuong may ari sa naturang propedad ay ang Imus/Tala Estate.);

Q12: Where is it now, that documentary evidence you said? (Saan na ngayon
ang sinabi mong kasulatang ebidensya?);

A12: The said documentary evidence I am referring to were already attached

and made an integral part of the Respondents’ Joint Answer with
Demurer to the Complainant’s Evidence mentioned above. (Ang sinabi
kung kasulatang ebidensya ay kasama at naging parte na ng aming
pinag isang sagot, na nabanggit ko na.);

Q13: How did you come to know about the real and true owner of the subject
properties, and in what manner did you obtain the documentary
evidences that proved the same? (Paano mo nalalaman ang tunay at
tutuong may ari sa naturang propedad, at paano ka nakakuha ng
kasulatang evidensya na nag patunay sa pagaarin na yon?)

A13: I was designated by the said Court Appointed Judicial Administrator,

Prince Julian M. Tallanno, as the Assistant Overall Overseer of all the
lands and other properties owned by Imus/Tala Estate in the Province of
Cavite, and to report to him any anomaly/untoward incident against its
legitimate tenants such as what had happened now to its legitimate
tenants occupying the subject properties, and said documentary
evidence was furnished to me by him (Prince Julian M. Tallano)
purposely to be used for my defense in a case filed against me. (Ako po
ay ginawa ng nasabing Court Appointed Judicial Administrator,
Prince Julian M. Tallano, bilang isang taga pag tingin ng lahat ng
lupain na pag aari ng Imus/Tala Estate sa Pobinsya ng Cavite, at pag

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 sumbong sa kanya sa mga anomaliya/di ka aya aya na pang yayari
tulad ng nangyayari sa lihitimong nag aakopa sa naturang propedad,
at ang nasabing kasulatang ebidensyang iyon ay galing sa kanya
(Prince Julian M. Tallano) upang gamiting pang depensa sa kasong
isinampa laban sa akin/amin.);

Q13: You said that the true and real owner of the subject properties is
Imus/Tala Estate under the authority of its Court Appointed Judicial
Administrator, Prince Julian M. Tallano, what did he do upon knowing
this event, if any? (Sinabi mo na ang tunay at tutuong may ari sa
nasabing propedad ay ang Imus/Tala Estate na pinangasiwan ng
isang Court Appointed Judicial Administrator, Prince Julian M.
Tallano, ano ba and ginawa nya ng malaman ang pangyayaring ito,
kung meron man?);

A13: When the Decision in Civil Case No. 4014-17 and Judgment in Civil
Case No. 4015-17 both dated December 15, 2017 issued by the same
MTC, and their derivatives Writ of Execution both dated May 25, 2018,
sought to be enforced on the properties owned by Imus/Tala Estate,
come to the knowledge of the said Court Appointed Judicial
Administrator, Prince Julian Mordem Tallano, he immediately filed the
Affidavit of Ownership with the Office of the concerned Sheriff and a
Third Party claim with the concerned MTC. (Nang naka abot sa
kaalaman ng Court Appointed Judicial Administrator, Prince Julian
M. Tallano, na ang Decision ng Civil Case No. 4014-17 at Judgment
ng Civil Case No. 4015-17 na may parehong petsa, Desyembre 15,
2017, at parihong isyo ng naturang MTC, at ang Writ of Execution
nito na may perehong petsa, May 25, 2018, ay ipapa tupad sa
propedad na pag aari ng Imus/Tala Estate, ay agad itong nag sumiti
ng Sinumpaang Salaysay Ng Pag aari sa opisina ng naturang
Sheriff at Third Party Claim sa nasabing MTC.);

Q14: What happens on those cases filed with Office of the Sheriff and MTC?
(Anog nangyari sa mga kasong sinumiti sa opisina ng Sheriff at
MTC?)

A14: No action was taken by the MTC on the Third Party Claim, prompting
Prince Julian M. Tallano, to file a petition and amended petition for
Annulment of the said decision and judgment of the MTC with the
Regional Trial Court (RTC). (Walang aksyon na ginawa sa Third
Party Claim ang MTC, kaya nag sumiti ng pitisyong at amendadong
petition sa Regional Trial Court (RTC) si Prince Julian M. Tallano,
upang ipa anula ang nasabing mga desisyon ng MTC.);

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Q15: What happen or where is the said petition and amended petition filed
with the RTC, now? (Anong nangyari o saan na ang nasabing
petisyon at amendadong petition na sinumiti sa RTC, ngayon?);

A15: Still pending for consideration with the RTC. (Naka pending pa rin sa
RTC.);

Q16: Why did you include the said petition and amended petition in your
defense? (Bakit sinali mo pa ang nasaing petition at amendadong
petisyon sa depensa mo.)

A16: I really intend to include that, since I will be using this judicial affidavit
to support my petition for suspension of this criminal proceeding in
view of the existence of a prejudicial question on the issue of who is
really the real and true owner of the subject properties, which should
be resolved first before this criminal proceeding may proceed, on the
basis of Section 6, Rule 111 of the Rules of Court, to be filed with
this Hon. Court itself. (Sinadya kung isali iyan dahil gamitin ko ang
judicial affidavit nato bilang basihan o suporta ng aking gawing
petition para mapa suspende and pag dinig nato sa kadahilanang ng
isyo na kung sino talaga ang tunay at tutuong may ari sa nasangkot
na propedad na to, at ang isyu na iyon ay unahin muna husgahan
bago ituloy ang criminal na pag litis na to ayon sa Seksyon 6, Rule
111 of the Rules of Court.);

Q17: I have here two (2) sets of document, 1) verified petition for annulment
of certain decision/judgment dated March 6, 2019 signed by petitioner
Julian Tallano; and 2) amended petition for annulment of certain
decision/judgment dated May 2, 2019 signed by Prince Julian M.
Tallano, please go over with it and tell what relation, if any, the same
had to your case. (Meron ako ditong dalawang (2) kasulatan, 1)
petisyon sa pag anula na may petsang Marso 6, 2019 nilagdaan ni
Julian M. Tallano; at 2) amendadong petisyon na may petsang Mayo
2, 2019 nilagdaan ni Prince Julian M. Tallano, paki usisa at sabihin
kung ano ang kaugnayan ng mga ito, kung meron man, sa kaso
mo.);

A17: These were the petition for annulment and amended petition for
annulment that were filed by Prince Julian M. Tallano, Court
Appointed Judicial Administrator of Imus/Tala Estate, with the RTC, I
am referring to. (Ito ang petisyon at amendadong petisyon na
isinumiti ni Prince Julian M. Tallano, Court Appointed
Administrator of Imus/Tala Estate, sa RTC na sinasabi ko.)

ATTY. ELISEO S. CALMA, JR.:

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 I request that the petition for annulment and amended petition for annulment
that were identified by the witness, your Honor, be marked as Exhibit No. 4
to Exhibit No. 4-G and Exhibit No. 5 to Exhibit No. 5-R, respectively.

Q18: Madam witness, if you have additional thing that you like to say about
the accusation against, please just tell it. (Kung meron ka pang
gustong sasabihin tungkol sa reklamong sinampa laban sa yo,
sabihin mo na lang.)

A18: Yes, I have sir, since it is necessary for me to state, particularly, on the
allegation stated in paragraphs 1.6, 1.7 and 1.8 of the complaint
affidavit of the plaintiff/complainant, that she was there together with
her family member when we arrived in the area at about 9:00 PM. She
was lying since she was not really there when we arrived in the area at
about past 10:00 PM. The person present there was Victor Blanco live
in partner/boyfriend of Margie Viejo, sister of the
plaintiff/complainant and Jerry Tan, live in partner/boyfriend of the
complainant/plaintiff, Gertrudes Viejo, who even hurled bad words by
shouting to us “putang ina nyo” bakit tinangal nyo yan padlocked, and
also Jerry Tan, shouted to me “putang ina mo” ikaw ang nag utos sa
kanila ano !! ??? Then thereafter, both left after a while.

That, I just happened to there in the area because of the request of

Prince Julian M. Tallano, for me to help and assist the legitimate
tenants of Imus/Tala Estate, who were ejected/evicted from Imus/Tala
Estate.

The plaintiff/complainant, is not the real and true owner, and has no
right whatsoever over of the questioned houses and lots, thus, I could
not be guilty of trespass to dwelling provided under the Revised Penal
Code, since the real and true owner of the same was Imus/Tala Estate.

Likewise, I could not also be guilty of grave coercion since I did not,
by the use force and intimidation, cause/command her to do
something against her will, since in truth and in fact she was not there
in the area.

IN WITNESS WHEREOF, I have hereunto set my hand this _____ day of

January, 2020, in Quezon City, Metro Manila.

CATHERINE (KATHERINE) ARTUZ

Affiant

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 SUBSCRIBED AND SWORN to before me this _____day of January, 2020 in
Quezon City, Metro Manila; affiant exhibited to me her ID No. issued on
_______________ at ____________________.

Doc No. ______;

Page No.______;
Book No. _____;
Series of 2020

COUNSEL’S ATTESTATION
(Pursuant to Sec. 4, A.M. No. 12-8-8 SC
JUDICIAL AFFFIDAVIT RULE)

I, ATTY. ELISEO S. CALMA, JR., Counsel for the accused in the above-
entitled case, being the lawyer who conducted the examination of the above-named
accused as witness, as embodied in the foregoing judicial affidavit, hereby attest:

1. That I faithfully recorded the questions that I asked and the

corresponding answers that the witness gave;

2. That neither I nor any other person then present or assisting me coached
the witness regarding the latter’s answers.

IN WITNESS WHEREOF, I have hereunto set my hand this ___ day of

January, 2020, in Quezon City, Metro Manila.

ELISEO S. CALMA, JR.

Affiant

SUBSCRIBED AND SWORN to before me this _____day of January,

2020, in Quezon City, Metro Manila; affiant exhibiting his IBP Membership Card
ROLL No 50183, with his picture and signature.

Doc No. _____

Page No._____
Book No. ____
Series of 2020

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Copy furnished:

Gertrudes Viejo
Blk. 79 Lot 48 City Homes Resortville
RVI Brgy. Langkaan II, Dasmarinias City
Cavite

Raulito Villar
Prosecutor I
Office of the City Prosecutor
Dasmarinias City, Cavite