Republic of the Philippines
12th Judicial Region
REGIONALTRIAL COURT
Branch 27, Cotabato City
EARNINGS BANK CORPORATION, Civil Case
Represented by its Branch Manager, No. 2019
DANNY Y. DEBITO 012345
Plaintiff,
For:
FORECLOSURE OF
REAL ESTATE
MORTGAGE
-versus-
SPOUSES CHAN S. RABUYA and
CONCHITA M. RABUYA,
Defendants.
x--------------------------------------x
PRE-TRIAL BRIEF
Defendants, by counsel and to this Honorable Court,
respectfully submits this Pre-Trial Brief in compliance with the
trial court’s order, containing the following:
1. Defendants are willing to enter into an amicable settlement
of the case, under terms and conditions which are agreeable to
both parties. Defendants are willing to submit the technical
issues for resolution by technical experts.
2. Defendants admit the following facts:
a. That they are both of legal age, Filipinos, and have a
family home located in No. 22 Halaka Street, Rosary
Heights VII, Cotabato City;
b. That one of the defendants, Mr. Chan S. Rabuya, has a
real property in the form of an 884-square-meter parcel
of land located in Cotabato City, Maguindanao, covered
by Transfer Certificate of Title No. T-98725; and,
c. That the same title has an annotation at the back
showing that the same had been mortgaged to the
plaintiff bank.
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3. The issues which Defendants raise are as follows:
a. That defendants migrated to Toronto, Canada, since
2001, and the maintenance of the family home in No. 22
Halaka Street, Rosary Heights VII, Cotabato City is for
the benefit only of the spouse’ minor child, Chanry
Rabuya. Hence, being non-resident citizens, the
summons should have been served following Section 15,
Rule 14 of the Rules of Court;
b. The defendants had no knowledge of any existing loan or
contract between them and the bank and had not
received any consideration out of the said loan;
c. That the defendants could not have executed a loan and
mortgage on their property specifically the parcel of land
covered by TCT No. T-98725 on May 15, 2017, because
defendants have been residing in Toronto, Canada;
d. That since defendants migrated, they did not have the
opportunity to visit the Philippines and entrusted their
property in Cotabato City to Atty. Jose Lopez by virtue of
a Special Power of Attorney executed by them;
e. That defendants had no knowledge that their agent Atty.
Lopez would act beyond the authority reposed upon him,
and fraudulently, willfully, and maliciously use the same
to obtain a loan and mortgage defendants property for his
personal benefits;
f. That the signatures of defendants in the contract of loan
and mortgage were forged by their agent Atty. Jose Lopez;
and,
g. That the validity, authenticity, and due execution of the
Uniform Loan and Mortgage Agreement, including all its
annexes, are questionable;
4. Defendants intend to present the following documents, in
connection with which Defendants request from plaintiff the
latter’s admission of their execution and due authenticity:
a. Exhibit A - A copy of defendants residential lease in
Toronto, Canada, is presented to prove that the
defendants have migrated to Canada since 2001;
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b. Exhibit B – A copy of Transfer Certificate of Title No. T-
98725 showing the ownership of one of the defendants,
Mr. Chan S. Rabuya, of an 884-square-meter lot in
Cotabato City with location as described in the said
document Transfer
c. Exhibit C - A copy of the Special Power of Attorney
empowering Atty. Jose Lopez to administer defendants’
properties in Cotabato City to prove an existing agency
relationship between the defendants and Atty. Lopez;
d. Exhibit D – A copy of the authentic signatures of the
defendants in a Deed of Absolute Sale to prove that the
defendants’ signatures appearing in the Uniform Loan
and Mortgage Agreement are mere forgeries;
5. Defendants manifest their intention to resort to discovery
procedures,
6. Defendants manifest their intention to seek for a court order
to subject the specimen signatures appearing in Exhibit D for
a comparison to the signatures in the Uniform Loan and
Mortgage Agreement to an expert in the National Bureau of
Investigation.
7. Defendants do not intend to amend their answer,
8. Defendants request of plaintiff to stipulate or admit the
following:
a. That the plaintiff did not actually deal with the
defendants but through the defendants’ agent Atty.
Lopez;
b. That the plaintiff did not ascertain the authenticity of the
signatures of the defendants but merely relied on the
erroneous representations of the agent Atty. Lopez; and,
c. That the contract itself contain ambiguities and lack of
necessary information and formalities which cast doubt
on its validity, authenticity, and due execution.
9. Defendants intend to present the following witnesses, the
substance of which and the number of hours for each Witness
are:
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a. Defendants themselves would testify about the fact of
their physical presence in and actual migration to
Toronto, Canada, since 2001, and the fact that they
never signed the Uniform Loan and Mortgage Agreement
including its Annexes. It would take about 5 hours.
b. Plaintiff’s representative, Mr. Danny Y. Debito, to testify
on the contents of the contract. It would take about 2
hours.
c. Carolyn Hemmingway, the defendants’ lessor in Toronto,
Canada, to testify on the validity and due execution of
Exhibit A. It would take about 2 hours.
d. Mr. Almuizzdin Abobakar of the Register of Deeds to
testify on the recorm ding and validity of
Exhibit B. It would take about 2 hours.
e. Sittie Khairon Tago, one of the witnesses in Exhibit C, to
testify on its existence and due execution. It would take
about 2 hours.
f. Atty. Angelle Cabanog, notary public, to testify on the
existence and due execution of Exhibit C. It would take
about 2 hours.
g. Catriona Red, one of the witnesses in Exhibit D, to testify
on its existence and due execution and establish the
authenticity of the signatures of the defendants
appearing therein.
h. An expert from the National Bureau of Investigation,
upon issuance of a court order, to testify on the
authenticity of the signatures of the defendants
appearing in the Uniform Loan and Mortgage Agreement.
It would take about three (3) hours.
WHEREFORE, defendants pray that the foregoing be taken
cognizance of.
Cotabato City, Philippines, January 18, 2020.
Respectfully submitted,
ATTY. ANGELLE S. LOCSIN
Counsel for Defendant
4 | Page
04 Ortouste St., Rosary Heights 6,
9600 Cotabato City
Roll of Attorney No. 87199
MCLE Compliance No. V-0086196 valid
until 4/20/2020
PTR No. 2769143/01.04.19/Cotabato City
IBP Lifetime Member No. 061842
5 | Page
Republic of the Philippines
12th Judicial Region
REGIONALTRIAL COURT
Branch 27, Cotabato City
EARNINGS BANK CORPORATION, Civil Case
Represented by its Branch Manager, No. 2019
DANNY Y. DEBITO 012345
Plaintiff,
For:
FORECLOSURE OF
REAL ESTATE
MORTGAGE
-versus-
SPOUSES CHAN S. RABUYA and
CONCHITA M. RABUYA,
Defendants.
x--------------------------------------x
JUDICIAL AFFIDAVIT
I, Chan S. Rabuya, born on January 13, 1970, married,
employed as Accountant at Canada Light and Power Company,
and a resident of Toronto, Canada, after having been duly
sworn to in accordance with law, hereby depose and state:
PRELIMINARY STATEMENT
That in accordance with A.M. No. 12-8-8-SC, which prescribes
the use of judicial affidavits to serve as the direct examination
testimony of the witness, on the basis of which the adverse
party may conduct their cross-examination on such a witness,
I hereby execute this judicial affidavit in a question and
answer format;
That conformably with section 3 (b) of the said A.M. No. 12-8-
8-SC, I also state that it was Atty. Angelle S. Locsin, who
conducted the examination of the undersigned affiant;
That conformably also with section 3 (c) thereof, I hereby state
under the pain of perjury that in answering the questions
asked of me, as appearing herein below, I am fully conscious
that I did so under oath, and that I may face criminal
liabilities for false testimony or perjury;
6 | Page
AND UNDER OATH, AVERS THE FOLLOWING:
1.Q: What is the reason that you voluntarily came to this
Office?
A: I came here to testify on the fact of our migration to
Toronto, Canada, and that the signatures appearing
above my name in the Uniform Loan and Mortgage
Agreement are forgeries.
2.Q: When did you migrate to Toronto, Canada?
A: On January 13, 2001.
3.Q: What was the nature of your transfer there?
A: Weplanned to have a permanent transfer. I and my
spouse decided to permanently reside in Canada
since I was employed in Canada Light and Power
Company.
4.Q: What was the period of your stay in Canada?
A: Since 2001 to present.
5.Q: Since then, can you remember of any instance that
you returned to the Philippines?
A: We temporarily returned sometime in April 2016 to
execute a Special Power of Attorney in favor of Atty.
Lopez.
6.Q: What was the SPA for?
A: It was to allow Atty. Lopez to perform all necessary
acts of administration and preservation on our
properties in Rosary Heights V, Cotabato City.
7.Q: After the execution of the said SPA, did you stay in
the Philippines for long?
A: No. We immediately returned to Canada on May 31,
2016.
8.Q: Who was with you at that time?
A: My wife Conchita was with me.
9.Q: After May 31, 2016, did you return to the
Philippines?
A: No. We stayed in Canada since then.
10.Q: Are you aware of any transaction which you allegedly
had with Earnings Bank Corporation?
A: No. I never transacted with that bank.
11.Q: So you cannot remember any single instance when
you had a transaction with the Earnings Bank
Corporation?
A: Yes.
12.Q: Have you heard of Uniform Loan and Mortgage
Agreement?
7 | Page
A: Yes. I have learned only of this after having learned
from a relative that there was summons served in my
name.
13.Q: Did you sign that Agreement?
A: No. I did not.
14.Q: Did you allow anybody to sign that Agreement in
your behalf?
A: No, I did not.
15.Q: So that Agreement is totally foreign to you?
A. Yes. My signatures therein are mere forgeries. I did
not receive anything from Earnings Bank
Corporation nor executed a loan and mortgage
contract with it.
16. Q: Is there anything else you wish to add?
A: None, Ma’am.
---------END OF STATEMENT----------
IN WITNESS WHEREOF, I hereunto set my hand below this
18th day of January, 2020 at Cotabato City.
CHAN S. RABUYA
Affiant
SUBSCRIBED AND SWORN to before me this 18th day of
January, 2020 at Cotabato City. Further, I certify that I
personally examined the herein affiant, personally known by
me, that he voluntarily executed and fully understood his
statements.
ATTY. ANGELLE S. LOCSIN
Counsel for Defendant
04 Ortouste St., Rosary Heights 6,
9600 Cotabato City
Roll of Attorney No. 87199
MCLE Compliance No. V-0086196 valid
until 4/20/2020
PTR No. 2769143/01.04.19/Cotabato City
IBP Lifetime Member No. 061842
8 | Page
Witness my hand and seal
Doc. No.678
Page No. 564
Book No. 789
Series of 2019
LAWYER’S ATTESTATION
I, ATTY. ANGELLE S. LOCSIN, under my oath as a lawyer,
hereby attest that I have personally conducted the foregoing
examination to the witness affiant CHAN S. RABUYA at Rosary
Height VI, Cotabato City;
That I have faithfully recorded the questions asked of him and
the corresponding answers that he gave in response to the
questions asked;
Neither I nor any other person/s coached this witness-affiant
regarding the answers given by him.
IN WITNESS WHEREOF, I hereunto set my hand below this
18th day of January, 2020 at Cotabato City.
ATTY. ANGELLE S. LOCSIN
Counsel for Defendant
04 Ortouste St., Rosary Heights 6,
9600 Cotabato City
Roll of Attorney No. 87199
MCLE Compliance No. V-0086196 valid
until 4/20/2020
PTR No. 2769143/01.04.19/Cotabato City
IBP Lifetime Member No. 061842
9 | Page
Republic of the Philippines
12th Judicial Region
REGIONALTRIAL COURT
Branch 27, Cotabato City
EARNINGS BANK CORPORATION, Civil Case
Represented by its Branch Manager, No. 2019
DANNY Y. DEBITO 012345
Plaintiff,
For:
FORECLOSURE OF
REAL ESTATE
MORTGAGE
-versus-
SPOUSES CHAN S. RABUYA and
CONCHITA M. RABUYA,
Defendants.
x--------------------------------------x
JUDICIAL AFFIDAVIT
I, Conchita M. Rabuya, born on March 13, 1970, married,
employed as Accountant at Canada Light and Power Company,
and a resident of Toronto, Canada, after having been duly
sworn to in accordance with law, hereby depose and state:
PRELIMINARY STATEMENT
That in accordance with A.M. No. 12-8-8-SC, which prescribes
the use of judicial affidavits to serve as the direct examination
testimony of the witness, on the basis of which the adverse
party may conduct their cross-examination on such a witness,
I hereby execute this judicial affidavit in a question and
answer format;
That conformably with section 3 (b) of the said A.M. No. 12-8-
8-SC, I also state that it was Atty. Angelle S. Locsin who
conducted the examination of the undersigned affiant;
That conformably also with section 3 (c) thereof, I hereby state
under the pain of perjury that in answering the questions
asked of me, as appearing herein below, I am fully conscious
that I did so under oath, and that I may face criminal
liabilities for false testimony or perjury;
10 | P a g e
AND UNDER OATH, AVERS THE FOLLOWING:
1.Q: What is the reason that you voluntarily came to this
Office?
A: To testify on the fact of our migration to Toronto,
Canada, and that the signatures appearing above my
name in the Uniform Loan and Mortgage Agreement
are forgeries.
2.Q: When did you migrate to Toronto, Canada?
A: January 13, 2001
3.Q: What was the nature of your transfer there?
A: It was a permanent transfer. I and my spouse were
employed in Canada Light and Power Company,
necessitating us to stay in Toronto, Canada.
4.Q: What was the period of your stay in Canada?
A: From 2001 to present.
5.Q: Since then, can you remember of any instance that
you returned to the Philippines?
A: We temporarily returned in April 2016. We had to do
so to execute a Special Power of Attorney in favor of
Atty. Lopez.
6.Q: What was the SPA for?
A: To allow Atty. Lopez to perform all necessary acts of
administration and preservation on our properties in
Rosary Heights V, Cotabato City. I am attaching the
said Special Power of Attorney, already shown as
Annex 2, in our Answer.
7.Q: After the execution of the said SPA, did you stay in
the Philippines for long?
A: No. We stayed only in the Philippines until May 31,
2016. On that same date, we flew back to Canada.
8.Q: Who was with you at that time?
A: My husband Chan
9.Q: After May 31, 2016, did you return to the Philippines?
A: No. We stayed in Canada since then.
10.Q Are you aware of any transaction which you allegedly
: had with Earnings Bank Corporation?
A: No, I’m not.
11.Q So you cannot remember any single instance when
: you had a transaction with the Earnings Bank
Corporation?
A: Yes. I never had a single transaction with Earnings
Bank.
12.Q Have you heard of Uniform Loan and Mortgage
11 | P a g e
: Agreement?
A: Yes, but only after I have learned from a relative that
there was summons served in our name.
13.Q Did you sign that Agreement?
:
A: No. I did not.
14.Q Did you allow anybody to sign that Agreement in your
: behalf?
A: No, I did not.
15.Q So that Agreement is totally foreign to you?
:
A: Yes. My signatures therein were forged. I did not
receive anything from Earnings Bank Corporation nor
executed a loan and mortgage contract with it. I am
attaching a sample specimen of our signatures for
comparison with those shown in the Uniform Loan
and Mortgage Agreement.
16.Q Is there anything else you wish to add?
:
A: None Ma’am.
---------END OF STATEMENT----------
IN WITNESS WHEREOF, I hereunto set my hand below this
18th day of January, 2020 at Cotabato City.
CONCHITA M. RABUYA
Affiant
SUBSCRIBED AND SWORN to before me this 18th day of
January, 2020 at Cotabto City. Further, I certify that I
personally examined the herein affiant, personally known by
me, that she voluntarily executed and fully understood her
statements.
ATTY. ANGELLE S. LOCSIN
Counsel for Defendant
04 Ortouste St., Rosary Heights 6,
9600 Cotabato City
12 | P a g e
Roll of Attorney No. 87199
MCLE Compliance No. V-0086196 valid
until 4/20/2020
PTR No. 2769143/01.04.19/Cotabato City
IBP Lifetime Member No. 061842
Witness my hand and seal
Doc. No.678
Page No. 564
Book No. 789
Series of 2019
LAWYER’S ATTESTATION
I, ATTY. ANGELLE S. LOCSIN, under my oath as a lawyer,
hereby attest that I have personally conducted the foregoing
examination to the witness affiant CONCHITA M. RABUYA at
Rosary Height VI, Cotabato City;
That I have faithfully recorded the questions asked of her and
the corresponding answers that she gave in response to the
questions asked;
Neither I nor any other person/s coached this witness-affiant
regarding the answers given by her.
IN WITNESS WHEREOF, I hereunto set my hand below this
18th day of January, 2020 at Cotabato City.
ATTY. ANGELLE S. LOCSIN
Counsel for Defendant
04 Ortouste St., Rosary Heights 6,
9600 Cotabato City
Roll of Attorney No. 87199
MCLE Compliance No. V-0086196 valid
until 4/20/2020
PTR No. 2769143/01.04.19/Cotabato City
IBP Lifetime Member No. 061842
13 | P a g e
