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Judicial Affidavit

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  1 Republic of the Philippines REGIONAL TRIAL COURT Sixth Judicial Region Branch 68 Iloilo City PAUL GO, Plaintiff, -versus- : Civil Case No. 1893-1902 ASHFORD INTERNATIONAL, INC., and HANS TIU , Defendants. For: Specific Performance and Preliminary Injunction  x- - - - - - - - - - - - - - - - - - - - - -x JUDICIAL AFFIDAVIT   I, HANS TIU , of legal age, Filipino citizen, and a resident of Lapaz, Iloilo City, Philippines, a business man by profession, after having sworn hereby state, that: 1.) Q: You said your name is Hans Tiu. How are you related to the Hans Tiu who is one of the defendants in this case? A: I am the same Hans Tiu who is one of the defendants in this case. 2.) Q: As one of the defendants in this case, have you read the complaint of Paul Go against you? A: Yes, I have read the complaint. 3.) Q: What do you say against the complaint of Paul Go? A: Her allegations against me and my co-defendant Ashford are not true. 4.) Q: Why do you say that the allegations against you and your co-defendant Ashford are not true? A: I bought the property after determining that there was no encumbrance or limitaiton on the ownership of Ashford International, Inc. 5.) Q: When you said you bought the property after determining that there was no encumbrance or limitaiton on the ownership of Ashford International, Inc., what did you do? A: I checked the certificate of title of Ashford International, Inc., at the Registry of Deeds for the City of Iloilo if there was any encumbrance or limitation on the ownership of Ashford Internaitonal, Inc., that was annotated on the title. 6.) Q: When you said that you checked the certificate of title of Ashford International, Inc., at the Registry of Deeds for the City of Iloilo, what certificate of title are you referring to? A: The certificate of title in the name of Ashford Internaitonal, Inc., ovre the parcel of land subject of this case, and this  2 refers to Transfer Certificate of Title No. T-249017 of the Registry of Deeds for the City of Iloilo. 7.) Q: Please tell us, wheh you checked Transfer Certificate of Title No. T-249017 of the Registry of Deeds for the City of Iloilo, what di you specifically do? A: I went to the Registry of Deeds for the City of Iloilo and examined the duplicate srcinal copy that is deposited there. After examining it, I requested a certified true copy and was thereafter issued one. 8.) Q: Did you bring with you that certified true copy of the Transfer Certificate of Title No. T-249017 of the Registry of Deeds for the City of Iloilo? A: Yes, I did bring the certified true copy of the Transfer Certificate of Title No. T-249017 of the Registry of Deeds for the City of Iloilo with me today. I am showing to you a copy. 9.) Q: Why do say that this is the certified true copy of the Transfer Certificate of Title No. T-249017 of the Registry of Deeds for the City of Iloilo that was issued to you? A: This was the same copy that was given to me by the Office of the Registry of Deeds for the City of Iloilo. It is also printed on government issued security paper, and duly authenticated by the Registry of Deeds for the City of Iloilo. Atty. Bermudes: Copy of the certified true copy of the Transfer Certificate of Title No. T-249017 of the Registry of Deeds for the City of Iloilo is hereto atatched as Exhibit “1 -  Tiu”.   10.) Q: Can you please tell us what did you find out when you examined the copy of the Transfer Certificate of Title No. T-249017 of the Registry of Deeds for the City of Iloilo? A: After examining the copy of the Transfer Certificate of Title No. T-249017 of the Registry of Deeds for the City of Iloilo, I found out that there was no annotation of any document indicating any encumbrance against Ashford Internaitonal, Inc., or limitation to its ownership. 11.) Q: By the way, you earlier said you bought the property of Ashford International, Inc. How did you know that it was selling its property? A: A friend of mine, who happens to be an agent of Ashford International Inc., told me that their company is selling the land covered by  Transfer Certificate of Title No. T-249017 of the Registry of Deeds for the City of Iloilo. 12.) Q: Can you tell me when was this that you learned that Ashford International, Inc., was selling its property covered by  Transfer Certificate of Title No. T-249017 of the Registry of Deeds for the City of Iloilo? A: On 10 November 2004, I learned that Ashford International, Inc., was selling its property covered by  Transfer Certificate of Title No. T-249017 of the Registry of Deeds for the City of Iloilo. I made my offer on the same day to Ashford International, Inc., that I inted to buy the property at  3 P500,000,000.00. 13.) Q: When you say you made your offer on the same day to Ashford International, Inc., that you intend to buy the property at P500,000,000.00, to whom from Ashford International, Inc., did you make the offer? A: I made the offer to Dorcas Pacheco, the President and Chief Executive officer of Ashford International, Inc. 14.) Q: Can you recall if where did you make the offer to Dorcas Pacheco, the President and Chief Executive officer of Ashford International, Inc.? A: Yes, I can recall. I made the offer at the office of Dorcas Pacheco at Ashford International, Inc., at Nanaynipakyaw Street, General Santos City. 15.) Q: Do you remember if who were present at the office of when  you made the offer at the office of Dorcas Pacheco? A: Dorcas Pacheco was present. Paul Go was also there. 16.) Q: When you said Paul Go, is he the same Paul Go who is the plaintiff in this case? A: Yes I was referring to Paul Go who is the plaintiff in this case. 17.) Q: How do you know that it was Paul Go who is the plaintiff in this case? A: We were introduced by Dorcas Pacheco, and I can identify the Paul Go who was introduced to me. 18.) Q: If Paul Go is present in the courtroom, can you identify him? A: Yes, I can. 19.) Q: You said you offered to Dorcas Pacheco your intention to purchase the parcel of land then covered by  Transfer Certificate of Title No. T-249017 of the Registry of Deeds for the City of Iloilo. Can you tell us what was the action to your offer? A: Dorcas Pachec accepted my offer. 20.) Q: How did Dorcas Pacheco inform you that he accepted your offer? A: He personally told me. 21.) Q: Who was present when he personally told you that he is accepting your offer to purchase? A: Paul Go was present. 22.) Q: What happened after Dorcas Pacheco accepted your offer to purchase? A: We agreed that the next day, we will execute the Deed of Absolute Sale. 23.) Q: Was the Deed of Absolute Sale executed the next day as you agreed? A: Yes, on 11 November 2004, Dorcas Pacheco executed the deed of absolute sale, I paid him the P500,000,000.00, and  4 thereafter he delivered the  Transfer Certificate of Title No. T-249017 of the Registry of Deeds for the City of Iloilo to me. 24.) Q: Do you have a copy of the Deed of Absolute Sale that you executed? A: Yes, I have an srcinal copy and I am showing it to you. 25.) Q: Why do you say that this is the Deed of Absolute Sale that  you are referring to? A: I was personally present when Dorcas Pacheco signed the Deed of Absolute Sale. It was after he signed it that I gave the P500,000,000.00. Atty. Bermudes: Copy of the Deed of Absolute Sale is hereto atatched as Exhibit “2 -  Tiu”.  26.) Q: Aside from the Deed of Absolute Sale, was there any other document that was executed in relation to the sale of the parcel of land covered by covered by  Transfer Certificate of  Title No. T-249017 of the Registry of Deeds for the City of Iloilo? A: Yes. A Certification of Board Resolution was also executed by the corporate secretary of Ashford International, Inc., authorizing Dorcas Pacheco to sign and execute the Deed of Absolute Sale involving the said parcel of land. 27.) Q: Do you have a copy of that Certification of Board Resolution that you are referring to? A: Yes. I am showing to you an srcinal copy of the Certification of Board Resolution that was issued to me. 28.) Q: Why do you say that this is the Certification of Board Resolution that was issued to Dorcas Pacheco to sign and execute the Deed of Absolute Sale involving the said parcel of land? A:  The certification was issued by the corporate secretary, was duly notarized by a notary public. Atty. Bermudes: Copy of the Certification of Board Resolution is hereto atatched as Exhibit “3 -  Tiu”.  29.) Q: After the Deed of Absolute Sale that is marked as Exhibit “2 -  Tiu” was executed, can you tell me what happened next?  A: Since all the documents necessary for the transfer of registration has been given to me, I caused the transfer of registration of the parcel of land to my name. 30.) Q: Was the registration of the parcel of land eventually transferred to you? A: Yes, it was. 31.) Q: Can you please inform us if what is the certificate of title that was transferred to you? A: Transfer Certificate of Title No. T-345123 of the Registry of Deeds for the City of Iloilo. 

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Sep 22, 2019
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