Republic of the Philippines
MUNICIPAL TRIAL COURT IN CITIES
9th JUDICIAL REGION
Branch _____
Zamboanga City
SPOUSES JUAN R. DELA CRUZ CIVIL CASE No. 41520
and MARIA C. DELA CRUZ,
Plaintiffs,
-versus-
-for-
ENRIQUE R. DELA CRUZ,
Defendant, RECONVEYANCE OF
REAL PROPERTY WITH
DAMAGES
X—-----------------------------------------x
JUDICIAL AFFIDAVIT OF ENRIQUE R. DELA CRUZ
This is the Judicial Affidavit of ENRIQUE R. DELA CRUZ, of legal
age, Filipino in citizenship, and a resident of Block 2, Lot 10 Sto. Niño
Village, Putik, Zamboanga City, Philippines, conducted by Atty. Keith
Margarette N. Delos Santos, in her law office at La Purisima Street,
Zamboanga City, in the English language which the Affiant speaks and
understands, and in answering the questions propounded to him, the witness
was informed and fully conscious that he does so under oath, and that he
may face criminal liability for false testimony or perjury; that the questions
asked of the witness and his corresponding answers are consecutively
numbered which show the circumstances under which the witness acquired
the facts upon which he testifies; that the questions propounded to the
witness elicit from him those facts which are relevant to the issues that the
case presents; and the answer of the witness identified the attached
documentary and object evidence and established their authenticity in
accordance with the Rules of Court; that the witness affixed his signature
over his printed name; and that the jurat with the signature of the Notary
Public who administered the oath is authorized by law to administer the
same.
PURPOSE
1. That he is the defendant in this case.
2. Establish that he is the lawful and rightful owner of the subject
property embraced and covered under Transfer Certificate of Title No.
129-2023991204, located at Don Alfaro Street, Tetuan, Zamboanga
City, having validly acquired the same through a Deed of Absolute
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Sale executed by Angela G. Amadea prior to the alleged sale to the
plaintiff spouses.
3. Prove that the transfer of title in his name under TCT No. 129-
2023991204 was done lawfully, regularly, and in good faith, without
any fraud, misrepresentation, or illegal acts on his part.
4. Deny any fraudulent act or scheme in securing the cancellation of the
previous title, and to testify that he only caused the registration of the
property in his name after learning of the plaintiffs’ attempt to assert
ownership, in order to protect his rights as a prior buyer.
5. Demonstrate that plaintiffs were never rightful owners, and that they
failed to register their alleged sale or assert any right over the property
until years later, when they were already aware that the title had been
transferred to herein defendant.
6. Other matters germane of which he is competent to testify to.
DIRECT TESTIMONY
QUESTION ANSWER
1. Do you swear to tell the truth I do.
and nothing but the truth?
2. Please state your name, age, My name is Enrique R. Dela Cruz, of
address, and other personal legal age, Filipino in citizenship, and
circumstances. a resident of Block 2, Lot 10 Sto.
Niño Village, Putik, Zamboanga
City, Philippines. I am a nurse by
profession, Attorney.
3. Why are you here in this To answer your questions and
office? execute my Judicial Affidavit
regarding the Complaint that was
filed by my brother and sister-in-law
for reconveyance of real property.
4. Are you aware that you can Yes, I am aware.
face criminal liability for
false testimony or perjury if
you will not tell the truth?
5. How did this all start, mister This all started when I purchased a
witness? parcel of land from Angela G.
Amadea way back in 2010, located at
Tetuan, Zamboanga City.
6. What happened next, mister I asked Amadea for a copy of the
witness? title and examined the same. The title
was clean on its face. Therefore, I
purchased the property from her
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without any hesitations.
7. What evidence do you have Through a Deed of Absolute Sale,
that indeed a sale transpired Attorney.
between you and Angela
Amedea?
8. I have here a copy of the Deed This is the one.
of Absolute Sale between
Angela G. Amadea and
Enrique Dela Cruz. Please go
over it and tell me if this is the
document you are referring to.
Manifestation: Your Honor, may I respectfully request that the Deed of
Absolute Sale between Angela G. Amadea and Enrique Dela Cruz be marked
as Exhibit “1”
9. What happened next, mister Around that time, I learned that I
witness? passed the National Council
Licensure Examination (NCLEX)
and I intended to practice as a
registered nurse in the United States
of America.
10. Did you ever register the No, Attorney. I became preoccupied
property to your name? with securing the necessary
requirements for my employment
abroad, which caused me to defer
the transfer of the Certificate of Title
of the newly purchased property to
my name.
11. So you never got around to I did but it was prior to the execution
registering the property at all? of the sale to verify that the property
was legitimate. However, I did not
have time to visit it again since I left
for work abroad.
12. Do you have proof to show Yes, I have my Passport showing
that you were abroad from that I left the country and stayed in
2011 to 2021? the US for work.
13. I have here a copy of a Non- This is the one.
Immigrant American Visa
under the name of Enrique
Dela Cruz. Please go over it
and tell me if this is the
document you are referring to.
Manifestation: Your Honor, may I respectfully request that the Non-working
American Visa of Enrique Dela Cruz Enrique Dela Cruz be marked as
Exhibit “2”
14. So who was the one who Originally, I asked Angela Amadea
tended to the property since to watch over the property. However,
you claimed that you were she introduced to me her nephew, in
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employed in the United States, the person of Jayem Mosqueda.
if any?
15.So he was the one who He intermittently watched over the
watched over the property in property for the year 2011 to 2019.
your absence? From what As remuneration, I paid him Twelve
period? Thousand Pesos (12,000.00)
annually.
16.Did Jayem maintain the No, Attorney. He just intermittently
property in your absence, watched over the property and kept
mister witness? a casual eye on it for me.
17.What evidence do you have Through GCash receipts, which I
that indeed you paid Jayem sent to Angela Amadea in the
Mosqueda some form of amount of Twelve Thousand Pesos
remuneration for watching over (12,000.00) annually of which he
your property in your absence? used to pay to Jayem on a monthly
basis.
18.I have here GCash receipts in These are the ones.
the amounts of Twelve
Thousand Pesos each, from the
periods of 2012 until 2019.
Please go over them and tell
me if these are the receipts you
are referring to.
Manifestation: Your Honor, may I respectfully request that the Gcash
Receipts in the amount of Twelve Thousand Pesos (12,000.00) annually for
the remuneration of Jayem Mosqueda be marked as Exhibits “3” to “3-J”
19.Mister witness, what other Yes, Attorney. I have a copy of my
evidence do you have that boarding pass as well as my
indeed you left the country in Philippine Passport, which was
the relevant period when stamped and dated upon my arrival
Spouses Dela Cruz allegedly at California, United States of
purchased the disputed America.
property, if any?
20.What evidence do you have of Through a boarding pass which
this allegation? contains all my flight details to
America and a stamp on my
passport, Attorney.
21.I have here a boarding pass This is the one.
issued by Pinas Airlines dated
January 11, 2011. Please go
over them and tell me if this is
the document you are referring
to.
22.Further, I have here a This is the one.
Philippine Passport, issued by
the Department of Foreign
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Affairs of Zamboanga City,
bearing the Immigration Stamp
of the United States of
America, dated January 11,
2011. Please go over them and
tell me if this is the document
you are referring to.
Manifestation: Your Honor, may I respectfully request that the boarding
pass issued by Pinas Airlines dated January 11, 2011 be marked as Exhibit
“4” and the Philippine Passport, issued by the Department of Foreign
Affairs of Zamboanga City, bearing the Immigration Stamp of the United
States of America, dated January 11, 2011 be marked as Exhibit “5”
23.What happened next, mister I worked in the United States for
witness? many years, from 2011 to 2019. In
fact, Attorney, I only visited the
Philippines for a maximum of fifteen
(15) days each visit. However, from
2020 onwards, I was not able to visit
the Philippines anymore due to
COVID-19 outbreak, which made
traveling almost impossible.
24.When was that next time you It was only in the year 2021 when I
want home, if any? went back to the Philippines due to
the death of my father, Hermenihildo
Dela Cruz. Further, we had to settle
his estate, the reason why I started
longer in the Philippines. During ym
stay, I decided to commence the
transfer of the property to my name.
25.What evidence do you have of Through a Certificate of Death,
the death of your father, issued by the PSA, Attorney.
Hermenihildo Dela Cruz?
26.I have here a Certificate of This is the one.
Death under the name of
Hermenihildo Dela Cruz,
bearing Registry No. 1999-
76251. Please go over it and
tell me if this is the document
you are referring to.
Manifestation: Your Honor, may I respectfully request that the Certificate of
Death of Hermenihildo Dela Cruz, bearing Registry No. 1999-76251 be
marked as Exhibit “6”
29.What happened next, mister I successfully transferred the subject
witness? property to my name, Attorney. I
was issued a certificate of title by the
Register of Deeds for Zamboanga
City.
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30.What evidence do you have Through a certificate of title,
that indeed the property was Attorney, bearing my name as the
transferred to your name? registered owner.
31.I have here a copy of Transfer This is the one.
Certificate of Title No. 129-
2023991204 issued by the
Register of Deeds for
Zamboanga City. Please go
over it and tell me if this is the
document you are referring to.
Manifestation: Your Honor, may I respectfully request that Transfer
Certificate of Title No. 129-2023991204 issued by the Register of Deeds for
Zamboanga City be marked as Exhibit “7”
16. I have no further questions. None.
Do you have anything else
to add?
17. Are you willing to sign this Yes, Attorney.
affidavit?
-End of Testimony-
ENRIQUE R. DELA CRUZ
Affiant
PRC License No. 0058916
SUBSCRIBED AND SWORN TO BEFORE ME, this 1st day of July
2025, in Zamboanga Philippines. I further CERTIFY that I have personally
examined the affiant and I am fully satisfied that the affiant voluntarily
executed and understood the contents of his affidavit.
Doc. No.:_______;
Page No.:_______;
Book No.:_______;
Series of 2025.
Republic of the Philippines)
City of Zamboanga . . . . . .)S.S
x- - - - - - - - - - - - - - - - - - - -x)
Page 6 of 7
VERIFICATION AND CERTIFICATION
AGAINST FORUM SHOPPING
I, CINDY HAZEL N. BANAYBANAY, after having been duly sworn to in
accordance with law, hereby depose and state:
1. That I am the Defendant in the instant Complaint, and I have caused
the preparation of the foregoing;
2. That the allegations in the Answer are true and correct based on my
personal knowledge and authentic records;
3. That this Answer is not filed to harass, cause unnecessary delay, or
needlessly increase the cost of litigation;
4. That the factual allegations therein have evidentiary support (or will
likewise have evidentiary support after a reasonable opportunity for
discovery); and
5. That I hereby certify that no petition or proceeding of a similar nature
has been filed with any office, court or with the Court of Appeals or
the Supreme Court or any government agency or instrumentality for
that matter, and should I learn of any such case being pending or filed
with such agencies or courts above-mentioned, I undertake to inform
the Honorable Court or any government instrumentalities having
jurisdiction of this case of the existence or pendency of such
proceeding or action, within five (5) calendar days from knowledge of
such fact.
IN WITNESS WHEREOF, I have hereunto signed this verification
this 1st day of July 2025, in Zamboanga City, Philippines.
ENRIQUE R. DELA CRUZ
Affiant
SUBSCRIBED AND SWORN to before me in the City of Zambaonga
this 1st day of July 2025, by ENRIQUE R. DELA CRUZ, who has
satisfactorily proven her identity to me through her Professional Regulations
Commission ID with License No. 0058916, that she is the same person who
personally signed the foregoing affidavit before me and acknowledged that
she executed the same.
Doc. No.______;
Page No. ______;
Book No. ______;
Series of 2025.
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