Judicial Affidavit of Laida Lopez

REPUBLIC OF THE PHILIPPINESREGIONAL TRIAL COURTNATIONAL CAPITAL JUDICIAL REGIONMANILA

BRANCH ______

In the Matter of Intestate Estate of

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MIGUEL LOPEZ

}Special Proceeding No:Petition for Distribution and Partition and} ___ 210914___Petition for Letters of Administration

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LIZELLE K. LOPEZ

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Petitioner,

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versus - RODOLFO C. LOPEZ, JEMINA LOPEZ,

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ALHAMBRA LOPEZ and JOSEPH LOPEZ

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Respondent-Oppositors

xxJUDICIAL AFFIDAVITOFLAIDA LOPEZPRELIMINARY STATEMENT

The person examining me is Atty. Gio Sebio with office address No. 5 9 Lemery Street, City of Manila.The examination is being held at the same address. The witness is answering these questions voluntarily, to the best of her knowledge and fully conscious that such is under oath and may face criminal liability for false testimony and perjury. This Judicial Affidavit of LAIDA LOPEZ is executed to serve as her direct testimony in the instant case.

This Judicial Affidavit is being offered to prove:a.) The following allegations and all annexes appended thereto:a.1.) That Mr Miguel Lopez has openly and consistently demonstrated his love, care and support for her grandchild Lizelle Lopeza.2.) That Mr. Miguel Lopez has consistently gave financial support befitting of a father in the absence/dead of the biological father of Lizelle lopez

.b.) All other related matters, facts and circumstances relevant and material to this case.

The following questions were propounded by Atty. Jo Sebio. Each numbered consecutively followed by an answer given by the witness.

1.) Please state your name, age address and occupation?

A: I am Mrs. Laida Lopez, 84 y/o, widow, a resident of 345 Cordillera St., Sampaloc, Manila. Aside from being the owner of a small mango farm within our ancestral house in Davao City, I have no daily occupation for I am too old to work.

2.) You say you are a widow. Who was your husband?

A: My husband was Miguel V. Lopez.

3.) When did he die?

A: He died on August 21, 1999.

4.) Where did he die?

A: He died in our ancestral home in Davao City.

5.) Can you describe the circumstances at the time of Miguels death?

A: Yes. We were visiting our ancestral home in Davao City like I mentioned. Just like what we always do together since we were married when we want to relax, we were sitting beside each other on our favorite wooden bench on our porch. Suddenly, his head rested on my shoulders. I did not notice immediately. But he breathed his last breathe while holding my hand.

6.) I have with me an original copy of Death Certificate No. 1999-24 which marked as Exhibit 1. This death certificate is issued by the Local Civil Register of the City of Davao. Is the deceased specified in this death certificate your deceased husband?

A: Yes. The deceased specified in the death certificate is my late my husband.

7.) How do you know it is the death certificate of your husband

A: I know it because I was the one who applied for his death certificate.8.) Have you filed any case in court for the settlement of Miguels estate?

A: No. I have not.

9.) Would you know if any other person has filed a case in court that is praying for the settlement of your late husbands estate?

A: Yes. Lizelle K. Lopez filed a case.10.) How did you know that this Lizelle K. Lopez filed a case?

A: I told her to file one.

11.) Is this Lizelle K. Lopez the same as the Petitioner of this case?

A: Yes. They are one and the same.

12.) Does it mean that the case for the settlement of Miguels estate that you know of and this case filed by the petitioner are one and the same cases?A: Yes. Lizelle K. Lopez filed this settlement of estate case of his late grandfather, just as I told her to.

13.) Do you know the Petitioner of this case?A: Yes. Of course I do.

14.) How do you know Lizelle K. Lopez?

A: Lizelle is my granddaughter.

15.) How did Lizelle become your granddaughter?

A: Lizelle is my granddaughter because Lizelle is the daughter of my dead son, Arturo. 16.) How long have you known Lizelle?

A: I have known her since she was born.

17.) How long have you known Lizelle to be your granddaughter?A:Since Lizelle was born, I have known her to be my granddaughter.

18.) How would you describe Lizelle as a granddaughter?A: Lizelle is a good kid. She is obedient and caring and respectful.

19.) How would you describe your relationship with your granddaughter?A: Just like any grandmother, I love my granddaughter very much, in fact much more than my love for my son, I think thats normal for most grandmothers.20.) How about your husband, how is the relationship of your husband with Lizelle?A: Mas grabe yung asawa ko. Walang araw na lumilipas na hindi sila nagkakausap sa telepono. From the time Lizelle was being conceived by her mother, my husband already started buying diapers and feeding bottles. Then when Lizelle was born, my husband would play with often. He would bring her to the malls, buy beautiful and sometimes expensive toys, take her to the movies, and always tell her bedtime stories. My husband would usually brags to his friends and relatives, how much he love Lizelle and how beautiful and smart Lizelle was.21.) How would you describe Lizelle as a person?

A: Lizelle is a smart and happy kid.

22.) How would you describe Lizelle as a member of the household?

A: Like what I said, Lizelle is a good kid. She treated everyone in the house with respect.

23.) Could you name these people that she treated with respect? A: Yes. They are her uncles and aunties, Rodolfo, Jemima, Alhambra and Joseph.

24.) Who are the respondent-oppositors in case? Do you know them?A: Yes. Rodolfo Lopez, Jemima Lopez, Alhambra Lopez and Joseph Lopez 25.) So all of you lived in the ancestral house in Davao City?

A: Yes. They lived with us. We all lived together in our ancestral house.26.) You said that Lizelle is obedient. Why do say this? A: Lizelle grew up helping us in our small mango farm. She did her share as she was told. She would sweep fallen mango leaves and kept the area clean. She would also fumigate them lightly by burning the fallen leaves. She also helped in harvesting the mango when the season came.

27.) You said that Lizelle is caring. Why do you say this?

A: Lizelle took care of me and Miguel every time we were sick. She attended to us. Prepared and gave us our medicines.

28.) You said that Lizelle is respectful. Why do you say this?A: Lizelle never gives us problems. She did what she was told. She treated me and Miguel like her own parents since Arturo was gone.

29.) You said that Lizelle is smart.Why do you say this?

A: Lizelle was a consistent honors student in grade school, high school and in college. We are so proud of her.30.) Who supported Lizelles education?A: Miguel and I did. We paid for her education from the time she was in grade school

until she finished college. 31.) Madame Witness, do you know how Lizelle go to school.

A: Yes, usually it is our driver who drove and fetch her from school, but quite often, when my husbands schedule permits, he would be the one to do so.32.) You said that Lizelle is a happy kid. Why do you say this?

A: Lizelle loves celebrations and parties and vacation trips. Especially when she was older, like in high school or college, she would be the one to prepare a simple meal to celebrate our birthdays, other momentous occasions, and prepare our flight plan and itinerary. 33.) Whose birthdays?

A: Our birthdays mine, Miguels, Rodolfos Jemimas, Alhambras and Josephs.

34.) How were these birthdays prepared?

A: Miguel and I would finance the celebration. But Lizelle and I would buy the food and cook them. Lizelle would set the table.

35.) How often was this arrangement?

A: This happened every year until Miguel died.

36.) Here is an invitation card for Lizelles birthday on August 23, 1997 marked Exhibit 2, is this one of the occasions you are referring to?A: Yes, this is one of the yearly celebrations we never fail to organize.37.) How do you know that this is the same invitation card

A: I was the one who procure those invitation cards in the mall upon the instruction of my husband.38.) You mentioned momentous occasions. Could you please specify?

A: They were graduation parties.

39.) Whose graduation parties?

A: Rodolfos, Alhambras, Jeminas and Josephs parties for celebrating their college graduation.

40.) How were these graduation parties prepared?

A: The same way that we prepared and celebrated for our birthdays. I still remember the most memorable one was Lizelles high school graduation party. Lizelle invited so many of her friends.41.) Here is an invitation card marked as Exhibit 3. Is this the same invitation card used to invite the guests to the Lizelles High School Graduation party?A: Yes, that is exactly the one we sent to Lizelles friends, our family friends and relatives, some of whom came from abroad just to attend the celebration.42.) How do you know it is the same card?A: I was the one who brought it upon the instructions of my husband that we will be celebrating the high school graduation of Lizelle

43.) You mentioned vacation trips. Did you join these trips?

A: Yes.

44.) Who else travelled with you on these trips?

A: Everyone in the family went on these trip Me, Lizelle, Miguel, Rodolfo, Alhambra, Jemima and Joseph. It is quite customary for us to go out of town or even outside the Philippines as one big family.45.) Here are plane tickets from Air Philippines which are correspondingly marked as Exhibits 4 to 4-6, can you go over these tickets and tell if this is one of the destinations you went to for your vacation?A: Yes, I still remember this trip. We were so happy and had so much fun visiting museums, shopping for souvenirs and trying out their native delicacies. 46.) How do you know that it was the tickets used

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A: I was the one tasked to book these tickets for our vacation.47.) How did you feel when you had these vacations with your family?A: I felt happy and contented. Because I am doing those things with my family. To me quality time with my family is important.48.) Were there any property left by your husband upon his death?A: Yes, there was our ancestral home in Davao, Miguel owns both the house and lot49.) I am showing you this Transfer Certificate of Title No. 50905 marked as Exhibit 5, is this the one you are referring to?

A: Yes, that is the TCT of our lot in Davao City.50.) How do you know this is the TCT of the lot of your ancestral home.

A: I was the one who keep those records/ titles in the family safe

51.) Do you have any other records or documents which would show ownership over the said properties left by your husbandA:Yes, there were the tax declarations for the lot as well as for the improvents on top of the lot

52.) I am showing you now this Tax Declaration No. 02-020-10933 marked as Exhibit 6 which indicates the assessed value of the lot in the amount of Seven Million Pesos (Php 7,000,000.00), Do you recognize this document?A: Yes. This is the tax declaration for the lot in Davao City, I usually brings this when I was instructed by my husband to pay the real estate tax

53.) I am showing you another Tax Declaration No. 02-020-10933 marked as Exhibit 7, which indicates the assessed value of Three Million Pesos (Php 3,000,000.00.00) for a building in the city of Davao. Do you recognize this document?A: Yes. This is tax declaration for our house in Davao City, I usually brings this with me

when I pay our real estate taxes for our properties.

. . . . . . . . . . . . . . .

Affiant further sayeth naught.

LAIDA LOPEZAffiantATTESTATIONI hereby state, under oath, that I faithfully recorded the questions I asked and the corresponding answers that the witness gave and that neither I nor any other person present or assisting me has coached the witness regarding the latters statement.

ATTY. GIO SEBIOSUBSCRIBED AND SWORN to before me this 3rd day of November 2014 at Manila City, Affiant exhibiting to me his drivers license bearing No. N11-82-030573 expiring on 12/08/2014.

Atty. Anne Tatlonghari

City of Manila

Doc No. ________;Page No. _______ ;Book No. _______;Series of ________. COPY FURNISHED: (Service by Mail)Morada and Associates

Registry Receipt No. 041552067 Amorsolo St. Makati City

Rodolfo C. Lopez

Registry Receipt No. 04156Rizal Avenue, Dapitan City

Jemina Lopez-Syquico


Alhambra Lopez


Joseph Lopez


Documents

Judicial Affidavit of Laida Lopez