Republic of the Philippines

MUNICIPAL CIRCUIT TRIAL COURT

Fifth Judicial Region
Capalonga-Sta. Elena
Branch 1

MAKKI JANUS UBANA CAMUS &

MARIAH QUEEN ARCETA CAMUS
Plaintiffs,

CIVIL CASE NO. 01234

-versus-
FOR: Accion Interdictal
(Unlawful Detainer) and
Damages
MARIA CLARA IBARRA
Defendant,
x--------------------------------------------------------x

JUDICIAL AFFIDAVIT

I. PRELIMINARY INFORMATION

A. NAMES AND PERSONAL CIRCUMSTANCES OF THE

WITNESSES

Name: Mariah Queen Arceta Camus

Address: Lot 1, Block 2, 13 Tsiko Street, Barangay
Kabungahan, Capalonga, Camarines
Norte.
Occupation: Engineer
Age: 27
Language: English and Filipino

B. LAWYER WHO CONDUCTED OR SUPERVISED THE

EXAMINATION OF THE WITNESS

Name: Atty. Markus John Ramos

Address: 212 Street Barangay Daguit Labo
Camarines Norte,
 Place of Examination: 212 Street Barangay Daguit Labo
Camarines Norte

II. OFFER

The testimony of the witness, MARIAH QUEEN CAMUS ARCETA,

is being offered to prove that:

1. The defendant, MARIA CLARA IBARRA, has been leasing

the residential unit located at 13 Tsiko Street, Barangay
Kabungahan, Capalonga, Camarines Norte, owned by the
herein plaintiffs.

2. That IBARRA unlawfully detaining upon the property owned

by the herein plaintiffs.

3. The legal bases for the claims and prayers of the complainant.

III. JUDICIAL AFFIDAVIT PROPER.

I, MARIAH QUEEN CAMUS ARCETA, of legal age,

married, Filipino, and residing at Lot 1, Block 2, 13 Tsiko Street,
Barangay Kabungahan, Capalonga, Camarines Norte, after having
been duly sworn to in accordance with law in answer to the
questions asked of me by Atty. Markus John Ramos in his office at
212 Street Barangay Daguit Labo Camarines Norte on February 7,
2025 at 10:00 A.M. hereby, under oath, depose:

1. Counsel/Examiner: Mrs. Witness, I will be asking you questions

and you will answer them accordingly. The questions and the
answers will be reduced in a form of a judicial affidavit that serve
as your direct testimony in connection with the case you filed
against MARIA CLARA IBARRA for Accion Interdictal (Unlawful
Detainer), at the Regional Trial Court of Labo Camarines Norte
and docketed as Civil Case No. 01234. You shall only tell the
truth and nothing but the truth. Please state your full name and
address.

Witness: I am MARIAH QUEEN CAMUS ARCETA, of legal age,

married and a resident Lot 1, Block 2, 13 Tsiko Street, Barangay
Kabungahan, Capalonga, Camarines Norte.

2. Counsel/Examiner: Would you please state my name and my

address, as the lawyer conducting this examination, and the
place where this examination is being conducted?
 Witness: You are ATTY. MARKUS JOHN RAMOS, your office
is at 212 Street Barangay Daguit Labo Camarines Norte, the
same place where this examination is being conducted.

3. Counsel/Examiner: Would you also please state the process

which we are undertaking at present?

Witness: You are going to ask me questions, and I am going to

answer them.

4. Counsel/Examiner: Mrs. Witness, after this examination, you

will be required to bring with you a written judicial affidavit (which
will embody the questions and answers I have asked and you
have answered, respectively) to a Notary Public before whom
and in his presence, you will subscribe and swear the Judicial
Affidavit. Will you do this?

Witness: Yes, Sir.

5. Counsel/Examiner: Are you fully conscious that in answering

the questions being asked of you now, it will later on be made
under oath once you appear before a Notary Public where the
Judicial Affidavit will be subscribed and sworn to before him?

Witness: Yes, Sir.

6. Counsel/Examiner: Are you aware that in answering the

questions, once you have subscribed and sworn to before a
Notary Public, you may face criminal liability should you give a
false testimony or perjure yourself?

Witness: Yes, Sir.

7. Counsel/Examiner: Mrs. Witness, do you know the party to this

case?

Witness: Yes, Sir.

8. Counsel/Examiner: How did you know her?

Witness: I am one of the plaintiff in this case; whereas, IBARRA

is the defendant, who we charge for Accion Interdictal.

9. Counsel/Examiner: Do you personally know the defendant in

this case, Ms. MARIA CLARA IBARRA?

Witness: Yes, Sir.

10. Counsel/Examiner: Mrs. Witness, can you tell us why you
personally know her?

Witness: Ms. IBARRA is the lessee of my husband and co-

plaintiff Makki to the said property.

11. Counsel: Why are you testifying in this case?

Witness: I am testifying because I am one of the plaintiff in this

case.

This case is for:

a. Accion Interdictal or Ejectment Case of defendant Ibarra from

the subject property;

b. Recovery of physical possession of the residential unit from

defendant Ibarra;

c. Damages based on the provisions of ACCION INTERDICTAL

(pursuant to Article 539 of the New Civil Code).

12. Counsel/Examiner: Do you own the subject property?

Witness: Yes. My husband and I bought the land sometime in

2012 and has constructed a house on it.

13. Counsel/Examiner: When was it leased?

Witness: It was leased by Ibarra on April 28, 2024.

14. Counsel/Examiner: Was the defendant still paying the monthly

rental fees?

Witness: No, Ibarra has not been paying her rent.

15. Counsel/Examiner: When did the defendant stopped paying

for the rent?

Witness: It was in October 2024.

16. Counsel/Examiner: How much is the supposed rental fee of

the subject property?

Witness: Fifty Thousand Pesos (P50,000.00) per month.

17. Counsel/Examiner: What did you do after defendant’s failure
to pay the supposed rental fees?

Witness: I verbally demanded the unpaid rent for September,

then October came. I did the same, went to the unit and
demanded for the payment for September and October. Then I
sent the first written notice to pay and vacate. She promised to
pay on the first week of January. But the first week of January
came and no payment was made. I sent the second notice of pay
and vacate on January 15, 2025 giving him another 15 days to
make good on his promise to pay and vacate. On February I filed
a complaint with the Punong Barangay of Kabungahan.

18. Counsel/Examiner: For how long did the defendant fail to pay
rental fees?

Witness: From October 2024 to February 2025, for five

months.

19. Counsel/Examiner: Can you enumerate and identify the

documentary evidence to support your statements?

Witness: Yes, I hereby introduce for marking purposes, the

following exhibits which were already attached to the complaint
as Annexes thereof, to wit:

Annex “A” – The Special Powers of Attorney showing

the full authority of the co-plaintiff MARIAH QUEEN
ARCETA CAMUS from the main owner of the said
property MAKKI JANUS UBANA CAMUS.

Annex “B” – The Document proving the Compliance of

MARIAH QUEEN ARCETA CAMUS with the condition
precedent.

Annex “C” - Transfer Certificate of Title No. T-12345 –

to establish that plaintif MAKKI is the registered owner
of the subject premises.

Annex “D” - Contract of Lease between the plaintiff and

defendant evidencing the amount of rental per month
which is Fifty Thousand Pesos (P50,000.00).

Annex “E” - Written notices demanding payment of

unpaid rentals and to vacate the subject premises

20. Counsel/Examiner: What reliefs do you seek from the Court?

 Witness: We seek the following reliefs:

1. The recovery of the physical possession (Accion Interdictal) of

the subject property from defendant Ibarra.

2. Ordering the defendant to vacate the subject property

3. Moral damages in the amount of P60,000.00

4. Attorney’s fees in the amount of P60,000.00

21. Counsel/Examiner: Do you attest that what you have said is

true and correct, either based on your personal knowledge or based
on the records or documents?

Witness: Yes, Sir.

IN WITNESS WHEREOF, I have hereunto set my hands

th
this 7 day of February 2025 in Labo Camarines Norte.

MARIAH QUEEN CAMUS ARCETA

Affiant

SUBSCRIBED AND SWORN TO BEFORE ME this 8th day

of February 2025 in Labo Camarines Norte, affiant having
exhibited to me her Passport No. B012345.

Known to me to be the same person who executed the foregoing

document.

WITNESS MY HAND AND SEAL on the date and at the place

first above written.

ATTY. RICARDO DALISAY

Notary Public
PTR No. 1234567 issued on 1/2/25
IBP No. 154321 issued on 3/12/24
Attorney’s Roll No. 11122
MCLE Compliance Certificate No.
IV-0025415, Camarines Norte,
Doc No. _____;
Page No. _____;
Book No. _____;
Series of 2025.
 ATTESTATION

I, ATTY. MARKUS JOHN RAMOS, with office address at 212

Street Barangay Daguit Labo Camarines Norte, attest under oath as
follows:

i. That I conducted and supervised the examination

of the above-named witness;

ii. That I faithfully recorded or caused to be recorded

the questions asked and the corresponding
answers the witness gave; and

iii. That no other person had assisted or coached the

witness regarding her answers to the foregoing
questions profound on her.

ATTY. MARKUS JOHN RAMOS

JURAT

SUBSCRIBED AND SWORN TO before me this 8th day of

February 2025 in Labo Camarines Norte affiant having exhibited to me
his IBP No. 154321.

ATTY. RICARDO DALISAY

Notary Public
PTR No. 1234567 issued on 1/2/25
IBP No. 154321 issued on 3/12/24
Attorney’s Roll No. 11122
MCLE Compliance Certificate No.
IV-0025415, Camarines Norte,
Doc No. _____;
Page No. _____;
Book No. _____;
Series of 2025.

COPY FURNISHED

ATTY. MARKUS JOHN RAMOS