Republic of the Philippines
National Capital Judicial Region
REGIONAL TRIAL COURT
Branch 145, Makati City
IN THE MATTER OF THE SP Case No. M-7637
TESTATE AND INTESTATE
ESTATE OF DEMETRIA For: Probate of the Will and
SALAZAR DE LEON, Settlement of Estate
MARINA SALAZAR DE
LEON and JOCELYN
GLORIOSA DE LEON-
VARERO,
Petitioner.
x-------------------------------x
JUDICIAL AFFIDAVIT
OF
ANGELITA B. PASCUA
I. Please state your name and other personal
circumstances.
Ans: My name is Angelita B. Pascua, married, of legal
age, a Filipino citizen, with residence at Room 601,
Margarita Building, 1203 Cordona corner J.P. Rizal
Street, Poblacion, Makati City.
II. Who is the lawyer conducting this direct
examination?
Ans: Atty. Job Buds Marata is the lawyer conducting this
direct examination.
III. Where is the examination being held?
Ans: The examination is being held at 2/F Electra House,
Esteban, Legaspi Village, Makati City.
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IV. Are you answering the questions asked of you fully
conscious, that you are doing so under oath and that
you may face criminal liablity for perjury or false
testimony if you lie?
Ans: Yes, I am answering the questions asked of me fully
conscious, that I am doing so under oath and that I may
face criminal liability for perjury or false testimony if I lie.
V. Why are you here today?
Ans: I am here today to testify that I am the niece of the
deceased, Demetria Salazar De Leon and to prove the
material allegations contained in the
Comment/Opposition, and to corroborate the testimony
of my brother and fellow Oppositor, Fidel L. Bermudez.
VI. Why do you know the deceased?
Ans: The deceased Demetria Salazar De Leon is known to
me because she is my aunt; being the sister of my
mother, Margarita De Leon Bermudez.
VII. What are the contents of the Comment/Opposition of
the Oppositors?
Ans: The contents of the Comment/Opposition of the
Oppositors, among others, are the following, to wit:
1. That the deceased, Demetria Salazar De Leon, for
about five (5) years immediately preceding the
execution of the alleged Huling Habilin until the time
of her death, was already mentally incapable of
making a will; and
2. That the signatures of the deceased in the Huling
Habilin were procured by fraud.
VIII. Would you like to elaborate on what you mentioned
in your Comment/Opposition regarding the deceased
being mentally incapable of making a will?
Ans: Yes, I would like to. The deceased during the period
of five (5) years immediately preceding the execution of
the alleged Huling Habilin until the time of her death,
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already had a hard time recognizing the people who were
close to her. During that period, we had family gatherings
wherein we would greet her and she would just stare at
us; and when we told her who were, she would just nod
and ask the same question a few minutes later.
IX. Any other instances wherein the deceased exhibited
the same behavior during the said period?
Ans: I also personally observed that the deceased,
Demetria Salazar De Leon, during the said period, was
already bedridden and unable to move around and
perform daily activities without the help of Petitioners,
Jocelyn Gloriosa De Leon- Valero and Marina Salazar De
Leon. I also clearly remember her having a very shaky
hand every time she lifted it.
X. Would you like to elaborate on this?
Ans: Yes, I would like to. During that period, as I said,
every time there would be family gatherings, she hardly
moved or spoke to anyone. She no longer entertained her
guests she was just usually on her bed. She seemed too
weak to sit nor stand up. Jocelyn or Marina were always
with her attending to her needs.
XI. Is there anything that you would you like to add?
Ans: I would like to add that it was very noticeable that
she didn’t recognize any of us nephews nor nieces. Every
time I came to “bless” or “mano” her, she would always
ask me who I was.
XII. Would you also like elaborate on what you mentioned
in your Comment/Opposition regarding the
signatures of the deceased in the Huling Habilin being
procured by fraud?
Ans: Yes, I would like to. The signatures on the Huling
Habilin pertaining to Demetria Salazar De Leon are not
hers.
XIII. Why do you say that?
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Ans: I grew up being familiar with her signature because
when my siblings and I were little and our parents were
not around, I would sometimes ask her to tutor me with
my homework. I’ve also had the occasion to ask her to
sign some of my school reply slips that required a
guardian’s signature. And even when I became an adult, I
was still familiar with her signature because she used to
send me letters and postcards when I was in the States.
XIV. Are there any reliefs that you would like to ask from
the Honorable Court?
Ans: In behalf of the other Oppositors, I would like to ask
the Honorable Court the following, to wit:
1. That there must be a collation of all the properties that
have already been given to the nominated
Administrator, Jocelyn Gloriosa De Leon Valero by my
aunt, Demetria Salazar De Leon, prior to the latter’s
death.
2. That there must be a complete inventory of all the
estate of the deceased, Demetria Salazar De Leon.
3. That the estate of the deceased, Demetria Salazar De
Leon, must be accounted for by independent Auditors.
4. That my brother, Fidel De Leon Bermudez, as Heir,
being the nephew of the deceased, Demetria Salazar
De Leon, and Oppositor, be appointed Co –
Administrator together with Jocelyn Gloriosa De Leon
Valero in the Estate of the Late Demetria Salazar De
Leon for transparency and so that the Oppositors may
be better represented.
5. That in the event that the Huling Habilin is declared
by the Honorable Court to be invalid, that the estate of
the deceased, Demetria Salazar De Leon be distributed
per capita to her brothers and sisters and per stirpes
to her nephews and nieces pursuant to Article 1005 of
the Civil Code of the Philippines which states that:
“Should brothers and sisters survive together with
nephews and nieces, who are the children of the
decedent’s brothers and sisters of the full blood, the
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Judicial Affidavit of ABP
former shall inherit per capita, and the latter per
stirpes.”
IN WITNESS WHEREOF, I have hereunto set my hand
this 16th day of April 2019 in the City of Makati, Philippines.
_________________________
Angelita B. Pascua
Oppositor
SUBSCRIBED AND SWORN to before me this 16th day of
April 2019 at Makati City, Philippines. Affiant exhibited to me
her Passport No. EC7448807 issued on 04.16.2016 at the City
of Manila.
NOTARY PUBLIC
DENNIS CORTES
Notary Public
Valid Until December 31, 2019
Roll of Attorney No. 88775
PTR No. 334455; 02-01-18 / Makati City
IBP No. 445789; 08-08-18 / Makati City
MCLE Compliance No. VI-757711; 05-13-19
Doc. No. ____
Page No. ____
Book No. ____
Series of 2018.
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Judicial Affidavit of ABP
ATTESTATION OF EXAMINING COUNSEL
I, ATTY. JOB BUDS MARATA, of legal age, Filipino with office
address at 2/F, Electra House, Legaspi Village, Makati City,
after having been sworn to in accordance with law, hereby
attest that:
1. I personally conducted and supervised the examination
of the witness, on 16 May 2019 in Makati City;
2. I faithfully recorded the questions that I asked and the
corresponding answers that the witness gave; and
3. Neither I nor any other person then present or assisting
me coached the witness regarding the latter’s answer.
IN WITNESS WHEREOF, I have hereunto set my hand
this 16th day of April 2019 at Makati City, Philippines.
__________________________________
ATTY. JOB BUDS MARATA
SUBCRIBED AND SWORN to me this 16th day of April
2019 at Makati City, Philippines. Affiant exhibited to me his
BIR ID No. 314-319-201-000 issued on April 23, 2014 at
Makati City.
DENNIS CORTES
Notary Public
Valid Until December 31, 2019
Roll of Attorney No. 88775
PTR No. 334455; 02-01-18 / Makati City
IBP No. 445789; 08-08-18 / Makati City
MCLE Compliance No. VI-757711; 05-13-19
Doc. No. ____
Page No. ____
Book No. ____
Series of 2019.
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Judicial Affidavit of ABP
Copy furnished by personal service:
DEL ROSARIO & PARTNERS
Counsel for the Petitioners
2nd Floor, Valero Plaza,
124 Valero, Salcedo Village,
Makati City, Metro Manila
Tel. No. (02) 776 1687
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