REPUBLIC OF THE PHILIPPINES)

PROVINCE OF ILOILO) S.S.

CITY OF ILOILO)
X------------------------------X

JUDICIAL AFFIDAVIT OF FREEZA JEE F. BELLEZA

(defendant and third-party plaintiff in Civil Case No. 1030634)

I, FREEZA JEE F. BELLEZA, 39 years old, marries to Noel Belleza, resident of

Villa Christina Subd. Brgy. Cagbang, oton, Iloilo, secretary of Multi L&A Enterprises,
Inc., Valeria Extension, Iloilo City, after having been duly sworn to in accordance with
law, hereby state:

“PRELIMINARY STATEMENT”

The person examining me is Atty. Kim Kervin Bonite of Jaro, Iloilo City, with
office address at 33 Lopez Jaena Street, Jaro, Iloilo City, Philippines, and I am being
examined at her law office located at the said address on July 2013.

I am answering the questions asked of me, fully conscious that I am under

oath, and that I may face criminal liability for false testimony or perjury.

1. Question (Q) - Are you the same Freeza Jee F. Belleza, one of the
defendants and third party plaintiffs in Cicil Case No. 10-30634 entitled
“Scarlette Joy Coopera., etc., Plaintiff vs Spouses Noel and Freeza Jee F.
Belleza, Defendants- Third Party Plaintiffs vd Hennan land Development
Corporation, et al,. Third Party Defendants”

Answer (A) - Yes Sir.

2. Q - Do you know your co-defendant and co- third party plaintiff Noel
Belleza?
A - Yes Sir, He’s my husband.

3. Q - Do you know plaintiff Scarlette Joy Coopera?

A - I don’t know her nor I have seen her in person, nit I only heard his
name.

4. Q - Do you know Rhena lou Dumol, plaintiff’s attorney in fact?

A - Yes Sir.

5. Q - Since when have you known Rhena Lou Dumol?

A - I saw her for the first time on May 4, 2009 when I went ti his
house after I learned from Miss Annie Ecoy, Sales Executive of
Hennan land and Development Corporation, that my husband and
I constructed our house on the wrong lot in Villa Christina
Subdivision.

6. Q - When you mentioned Hennan Land and Development Corporation,

are you referring to the third party complainant?
A - Yes, sir.
7. Q - Do you know the other third party defendant Ronald Diamante?
A - Yes, sir.

8. Q - Since when have you known him?

A - I met him for the first time in the office of the third party
defendant corporation sometime in November 2008.

9. Q - Why were you there in the office of the third party defendant
corporation?
A - I went there to inform said office that my husband and I would
start the construction of our house in December 2008.

10. Q - Whom did you meet there in the said office aside from Ronald
Diamante?
A - it was Ms. Annie Ecoy, the Sales Executive of the said corporation
and the one in charge of preparing documents of sale, like the
contract to sell and the Deed of Absolute Sale.

11. Q - When you informed Ms. Ecoy that you and your husband would
start the construction of your house in December 2008, what did
she do?
A - She called for a man, whom she introduced to me as Ronald
Diamante/

12. Q - What else did Ms. Ecoy do?

A - She asked Mr. Diamante to accompany me to the site to confirm
to me the lot I bought on April 26, 2006 from the corporation
which lot was pointed to me by Ms. Imelda Pastrana, an agent for
the corporation, sometime first week of April 2006 and said lot
pointed to me by Ms. Pastrana being still available for sale at that
time is adjacent to a lot enclosed on the sides by an old concrete
fence with deep well inside it, which according to Ms. Pastrana
was no longer available in 2006.

13. Q - When you mentioned the name of Imelda Pastrana, are you
referring to Imelda Pastrana, another third party defendant?
A - Yes Sir.

14. Q - You said you bought the lot from third-party corporation on April
26, 2006, do you have proof of that?
A - Yes, sir. Here is the Contract to Sell dated April 26, 2006 already
marked as Ech. 5- Belleza.

15. Q - Going back November 2008, what happened next when Ms. Ecoy
told Mr. Diamante to accompany you to the site?
A - From the office of the corporation Mr. Diamante and I left for Villa
christina Subdivision and when we were there, Mr. Diamante
confirmed to me that the lot pointed to me by Ms. Pastrana in
2006 is the lot I bought being then available and Mr. Diamante
told me that my husband and I could start anytime the
construction of our house because we had already fully paid its
price.

16. Q - When did you and your husband fully pay the price of the lot you
bought from the said corporation?
A - We fully paid the price on August 25,2006, the due date for the 5th
and last monthly installment as shown in these five (5) official
receipts to be marked as Exhs. 10,11,12,13 and 14—Belleza and
the corporation executed the Deed of Absolute Sale which was
registered on November 23, 2006 already marked as Exh. 6-
 Belleza subsequently TCT No. T218817 was issued to us also on
November 23, 2006 and said title in our names was already
marked as Exh 4- Belleza

17. Q - What did you do next?

A - Sometime first week of December 2008 although my husband was
still on board on a foreign vessel I caused the lay out preparatory
to the construction of our house.

18. Q - When did your husband arrive from his overseas employment?
A - He arrived in Manila on December 20 ,2008.

19. Q - What is your proof that he arrived on December 20, 2008?

A - Here, sir, is a copy of the visa of my husband, page 22, alrday
marked as Exh. 3- Belleza.

20. Q - After the lay-out in the first week of December 2008, when did the
construction start?
A - A few days later when my husband arrived on December 20, 2008,
the construction had already started.

21. Q - After December 2008, what happened?

A - The construction continued and was full swing for several months.

22. Q - What happed next?

A - When the construction of our house was already 80% completed
in May 2009, the said corporation informed my husband and I
that we should stop the construction because we built our house
on the wrong lot, which turned to be Lot 10, Block 13, and to my
shock, I was informed that Lot 12 is the lot surrounded by the old
concrete fence with dep well.

23. Q - How much did you and your husband spend for your house which
at that time was 80% completed?
A - More or less more than P1 Million because the estimated cost for
the whole house including filling, finishing and interiors was
about P1.5 Million to 2 Million.

24. Q - Do you have proofs to show the expenses relative to the

construction of your house.
A - Yes, sir. Here is the list of expenses to be marked as Exh. 7-
Belleza. However, I misplaced the other receipts.

25. Q - What did you do because of this information you received from the
corporation?
A - As I already statedin answer Question 5, I went to the house of
Ms. Rhena Lou Dumol on May 4, 2009 and informed her that my
husband and I are builders in good faith and we built it on the lot
we bought.

26. Q - What did you do next?

A - My husband and I consulted Atty Kim Kervin Bonite and told him
everything that happened.

27. Q - What did Atty, Bonite do?

A - Atty Bonite wrote a letter to Ms. Helen Lim, General Manager of
the corporation.
28. Q - Are you referring to this letter dated May 19, 2009 already marked
as Exh. 1- Belleza?
A - Yes, sir.

29. Q - What was the result of the said conference as suggested by Atty.
Bonite in his letter?
A - Nothing came out of it but instead we received the letter of
demand dated January 25, 2010 from Atty. Paolo Nzareno,
counsel for Rhena Lou Dumol.

30. Q - What did you do because you received the letter?

A - My husband and I consulted Atty. Ray John Agregado, to assist us
in answering the letter.

31. Q - What did Atty. Agregado do to help you?

A - Atty. Agregado sent the letter dated February 22, 2010 addressed
to Atty. Nazareno already marked as Exh. 2- Belleza.

32. Q - After Atty. Teruel sent that letter, ehat happened next?
A - Since we could not agree on any settlement, Mrs. Coopera filed a
complaint against us.

33. Q - What did you do then?

A - We were constrained to contract the services of Atty. Bonite who
charged us P50,000.00 as acceptance fee and P2000.00 as
appearance fees for every hearing.

34. Q - Do you have written contract with her?

A - Yes, sir. Here is the Contract of Services dated September 10,
2010 to be marked during the pre-trial as Exh. 15- Belleza.

35. Q - Did you incur other expenses?

A - Yes, sir. Transportation expenses, filing fee for the Third-Party
Complaint we filed and I was absent in my office every time there
was a hearing requiring my presence.

36. Q - How much was the filing fee and other fees?
A - P4635.00. Here Sir are the official receipts to be marked as Exh.
11- Belleza

37. Q - How much have you incurred and bound to incur other expenses
of litigation?
A - Not less than P20 000.00 until the case is terminated.

38. Q - What did you feel because Mrs. Coopera filed the complaint
against yU?
A - Considering that the Complaint is malicious and baseless
because my husband and I have been in good faith and we built
on the lot subject of our sale with the corporation for which reason
we suffered sleepless nights, mental anguish and anxiety.

39. Q - How much do you pray of this Honorable Court for the plaintiff to
pay you and your husband for the wounded feelings by way of
moral damages?
A - Not less than P100 000.00 each.
40. Q - How much do you pray for this Honorable Court for exemplary
damages to deter acts of the same/ similar nature in the future?
A - Not less than P50 000.00.

41. Q - Do you know when plaintiff Scarlette Joy Coopera bought Lot 10?
A - I came to know from plaintiff’s Annex “C” of his Complaint that the
Deed of Absolute Sales in his favor was executed by third-party
defendant corporation only on December 10, 2009, three (3) years
after the execution of the Deed of Absolute Sale in our favor and
seven (7) months after my husband and I were informed by the
said corporation to stop the construction of our house allegedly
built on the lot bought by plaintiff, thus, plaintiff Coopera and
third party defendant acted in bad faith.

42. Q - In view thereof, what do you pray of this Honorable Court against
the third party defendant.
A - My husband and I pray of this Honorable Court: (1) to order third-
party defendants to pay us jointly and severally the amount that
we may be held liable to the plaintiff in case it finds for the
plaintiff which is very remote;
(2) to order third-party defendants and plaintiff to pay us jointly
and severally the following amounts: (a) P50 000.00 as a
attorney’s fees and P2000.00 as appearance per hearing; (b)
P100,000.00 for moral damages for each of them; (c) P20,000.00
for expenses for litigation which includes the filing fees of
P4635.00; (d) P50, 000.00 as exemplary damages.

I am executing this Judicial Affidavit to attest to the truth of the

foregoing facts.

IN WITNESS WHEREOF. I hereby affix my signature this 18th day of July

2013 at Iloilo
City, Philippines

FREEZA JEE F. BELLEZA

Affiant

SUBSCRIBED AND SWORN TO before me this 18th day of July 2013 at

Iloilo City, Philippines, affiant identified by undersigned Notary Public through her
SSS ID No. 07-1603881-1, and who avows under the penalty of law to the whole
truth of the contents of the foregoing Judicial Affidavit.

Notary Public

GENE ROSE CANAYA

NOTARY PUBLIC
Iloilo City
Roll of Attorneys No. A-64457
IBP No.A-45474/ 2-25-16/Iloilo
PTR No. A-45456/12-21-16/Iloilo
MCLE No. A-78952/ 10-12-17/Iloilo
Doc. No. : ________;
Page No. : ________;
Book No. : ________;
Series of 20_______.

SWORN STATEMENT

I faithfully recorded the question I asked and the corresponding answers

that the affiant/ witness gave and neither I nor any person present coached the affiant
witness regarding her answers.

KIM KERVIN BONITE

SUBSCRIBED ABD SWORN TO before me this 18th day of July 2013 at

Iloilo CityPhilippines, affiant exhibiting to me his SSS ID 1234-56

Notary Public

GENE ROSE CANAYA

NOTARY PUBLIC
Iloilo City
Roll of Attorneys No. A-64457
IBP No.A-45474/ 2-25-16/Iloilo
PTR No. A-45456/12-21-16/Iloilo
MCLE No. A-78952/ 10-12-17/Iloilo

Doc. No. : ________;

Page No. : ________;
Book No. : ________;
Series of 20_______.