Republic of the Philippines

REGIONAL TRIAL COURT

7th Judicial Region
Branch ____
Cebu City

IN RE: PETITION FOR THE

APPROVAL OF THE LAST
WILL AND TESTAMENT OF
MARIA SARAH ABELLANOSA -
ALFONSO.
Spec Pro. Case
No._________
For: PROBATE OF WILL
FARA CONCEPCION NAVARRO
ESTRELLA,
Petitioner,
x------------------------------------------------------x

JUDICIAL AFFIDAVIT OF
TISHA ESTRELLA ZOZOBRADO - TABAG
--------------------------------------------------------------------------------------------

I, TISHA ESTRELLA ZOZOBRADO - TABAG, of legal age,

FIlipino, married and with residence at 47 I Tabura Street, Barangay
Poblacion Pardo, Cebu City, Philippines, after having been duly
sworn to in accordance with the law, hereby depose and state that:

PRELIMINARY STATEMENT

The person who conducted my interview is Atty. Nelson M.

Chua with office address at Room 208 Oftana Building, Jasmin
corner Mariano Cui Sts., Capitol Site, Cebu City.

I answered the questions fully conscious that I do so under oath

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

1|Page
 This judicial affidavit is prepared in a language known to me
and is offered in support of my petition.

PURPOSE OF TESTIMONY

The testimony of this witness is being offered to show and

prove:

1. That she is the named as one of the devisee of

the last will and testament of the deceased Maria
Sarah Abellanosa Alfonso.

2. That she knew circumstances surrounding the

disinheritance of the testators estranged husband.

3. That the testator left a parcel of land (Lot 5498)

situated in Cebu City, together with one-half-storey
residential building thereon, covered by Transfer
Certificate of Title (TCT) No. 40696 to be bequeath
to the devises, in the name of Natividad Navarro,
the mother of the former;

4. That the testator left personal properties in the

one-half-storey residential building over the parcel
of land (Lot 5498) to be bequeath to the legatees,
in the name of Natividad Navarro, the mother of the
former;

5. That the testator explicitly DISINHERETED her

husband Eldred C. Alfonso based on the grounds
found in paragraph 3 of the subject last will and
testament;

6. All other related matters, facts, and

circumstances relevant and material to this case.

EXAMINATION PROPER

2|Page
1. Question (Q): Please state your name and personal
circumstances, for the record.

Answer (A): I am Tisha Estrella Zozobrado – Tabag , of legal

age, married, Filipino, and a resident of 47 I Tabura Street,
Barangay Poblacion Pardo, Cebu City, Philippines.

2. Q: Do you know the petitioner in this case?

A: Yes. I am one of the witnesses in this case.

3. Q: What this case is all about?

A: This is a case for probate of the last will and testament of my
deceased cousin Maria Sarah Abellanosa – Alfonso wherein I
was named as one of the devisee.

4. Q: Do you know the personal circumstances of the testator, if

any?
A: Yes. Testator Maria Sarah Abellanosa – Alfonso (herein
referred to as the “Testator”) , a Filipino, of legal age, passed
away last November 5, 2023 in her residence at 495-A Proper,
Barangay Kinasang-an Pardo, Cebu City, Philippines. A copy of
the Certificate of Death is attached to this petitioner as Annex
“B” and made an integral part herein.

5. Q: What else madame witness, if any?

A: When testator passed away while a resident of Cebu City.
She was an only child of Natividad Sabellano Navarro and
Ramon Abangan Abellanosa Jr. She was married and had no
children of her own. Both parents had long passed away prior
to her death. A copy of testators Certificate of Live Birth is
herein attached as Annex “B-1” and made an integral part
herein.

6. Q: Do you have proof that she was married?

A: Yes. She was married to Eldred C. Alfonso on When testator
passed away while a resident of Cebu City. She was an only
child of Natividad Sabellano Navarro and Ramon Abangan
Abellanosa Jr. She was married on October 4, 1986 in Cebu
3|Page
 City. She had no children of her own. A copy of testators
Marriage Contract is herein attached as Annex “B-2” and
made an integral part herein.

Manifestation: Your Honor, we would like to request that the copy of

the Certificate of Death, Certificate of Live Birth and Marriage
Contract of Maria Sarah Navarro Abellanosa, previously attached
and marked as Annex “B”, “B-1” and “B-2” in the complaint, be
marked as our Exhibits “B”, “B-1” and “B-2”, respectively.

7. Q: What is your interest in this case?

A: I am the same Tisha Estrella Zozobrado who is named in the
Last Will and Testament as one of the DEVISEE found in
paragraph 8 of the same;

8. Q: As one of the Devisee of the Last Will and Testament, what

did you do if any?
A: I was present when Testator executed and left a two-paged
last will and testament;

9. Q: Do you know the Executor and Administrator of the Last

Will and Testament, what did you do if any?
A: Yes. Its Fara Concepcion Navarro Estrella, my mother;

10. Q: Do you know who are the Legatees mentioned in the Last
Will and Testament?
A: Yes. They are the following:
i. VIVENCIO CHANCO NAVARRO, JR.
ii. VICTOR CHANCO NAVARRO
iii. FARA CONCEPCION NAVARRO ESTRELLA
iv. NORA LEONA NAVARRO

11. Q: What about the other Devisee of the Last Will and
Testament, if you know any?
A: I know, as ide from me, they are:
i. VIVENCIO CHANCO NAVARRO, JR.
ii. VICTOR CHANCO NAVARRO
iii. FARA CONCEPCION NAVARRO ESTRELLA
iv. TISHA ESTRELLA ZOZOBRADO TABAG

4|Page
 v. RIO ESTRELLA ZOZOBRADO THOURLEY
vi. NORA LEONA NAVARRO
vii. RYAN POL NAVARRO
viii. DOLORES LIBRE NAVARRO
ix. MARIE ANTONETTE AVILA QUIRONG
x. MARK GABRIEL LIBRE AVILA
xi. CELESTE AVILA DELA CALZADA
xii. DONNA AVILA DELA CALZADA

12. Q: And how much cash and personal properties that testator
left, if you know?
A: I have no personal knowledge as to the cash left since it was
Mark Gabriel Libre Avila who was holding her cash cards and
other documents moments and after her demise. Although I
knew the personal properties, which are as follows with
corresponding values:

Unit DESCRIPTION VALUE

One (1) Yamaha upright piano P5,000.00*
One (1) Personal Computer and P10,000.00*
printer
Three (3) Narra Side Tables P3,000.00*
One (1) Narra 8-seater Dining Table P15,000.00
set
One (1) Sala Set 9-piece with Narra P10,000.00
set side tables and center table
One (1) Last Supper painting P3,000.00
Two (2) Bed frames with head board P4,000.00
sets -queen size
Three (3) Bed frames with head board P3,000.00
sets – single size
One (1) Iron Garden Sets P2,000.00
lot
Three (3) Large Narra Cabinets P6,000.00
Five (5) Small Narra Cabinets P2,500.00
One (1) Refrigerator P10,000.00

13. Q: Do you know of the circumstances surrounding the

disinheritance of testator’s spouse ELDRED C. ALFONSO?
A: Yes.

14. Q: What do you know of, if there is any?

5|Page
 A: Shortly after testator’s marriage 1986, she resigned from her
work at a bank and stay and work as bookkeeper with her
husband’s cousin. Eldred Alfonso was then a seaman working
abroad. I lived with auntie Sarah Alfonso and Eldred in
Singalong Manila in 1998. In 2004, I lived with them for about
one year. I have personal knowledge how Eldred treated her
wife, the herein testator. They quarrel about money and blame
each other for not having children;

15. Q: What else did you know about their marriage?

A: They have no children for almost two decades, hence they
decided to take in a child named Christine who was then a
toddler (one year old) which they brought to Biñan, Laguna
from Cebu. Aunt Sarah was shuttling from Laguna to Makati
where she worked;

16. Q: What else did you with the presence of Christine in their
marriage?
A: Of the six months that I lived with the couple them in Biñan,
Laguna. They quarreled almost daily about money. Their
domestic and financial problems almost always resulted in
verbal and physical violence against aunt Sarah. Uncle Eldred
is giving only a meager amount to his wife;

17. Q: What happened next?

A: I returned to Cebu. I only saw Aunt Sarah occasionally
during family gatherings and fiesta;

18. Q: What about Eldred?

A: I have not seen him in these family gatherings. I learned
later through Aunt Sarah that they have separated because of
Eldreds violence against her and his womanizing;

19. Q: What happened while they lived separately?

A:Their relationship become bad to worst. This was also
aggravated by the death of her step father in 2016. Living her
and her ailing mother to attend to;

20. Q: What was really the cause/ causes of such relationship

becoming worse, if you know?

6|Page
 A: Uncle Eldred and Kristine’s return to Cebu in 2016. In 2017,
the relationship has grown worst. The couple quarrel a lot and
hed physically man handled Sarah. They have shouting
matches and I heard was that they do not have a common
child. Sarah was also firm that Eldred has been abusing
Kristine or the two have an illicit carnal relationship;

21. Q: What happened next if you knew any?

A: In 2017, Eldred abandoned Sarah and brought along
Kristine He and Kristine lived in his parent’s house in Talisay
City, Cebu. Later, Eldred eventually lived with his paramour in
Bohol;

22. Q:Did they ever live together after that?

A: NO.

23. Q: What did you learn, if any?

A: Around 2017, She often visited me in Mount Zion Fellowship
in Kinasang-an Pardo, Cebu City. She asked me to pray for
her. In the process, she confided to me about the pain of being
betrayed by her husband, Eldred and her niece, Christine;

24. Q: What else did she told you, if any?

A: She also sought my help to treat her physical imbalance in
walking caused by the frequent hitting of her head by her
husband. She constantly talks about, and remember she said,
“Inday, Gibunalan ni Eldred akong ulo ug pusil, kusug kaayo.
Unya giparok pa gyud kadaghan akong ulo sa bongbong sa
among kwarto” ( Inday, Eldred hit my head with a gun with
much force and banged my head to the wall”). She also said,
“Mao diay ing-ani akong nilaktan, wala nakoy balance
maglakaw tungod aning kanunay pagparok sa akong ulo” (That
resulted to my imbalance in walking);

25. Q: Why did she ask your help?

A: I had a Physical Therapy Clinic in the same Mount Zion
Fellowship where she gets treated every time she visits for
about a year.

26. Q: What happened next?

7|Page
 A: In 2019, I heard that Aunt Sarah filed a criminal case for
violence against women against Uncle Eldred;

27. Q: What happened next?

A: In 2021, Lola Natividad Abellanosa Flores, Sarah’s mother
died. She was so devastated, being alone in the house. Since
no one came to her, not even her husband and Kristine. These
affected her health so much;

28. Q: What happened to Sarah thereafter?

A: She became sick alone and lonely. She often called me and
my helper, Dina to assist her basic need. I went to her house
which is only 10-minute walk from my mother’s house;

29. Q: What happened next?

A: On July 27, 2023, Aunt Sarah was already in my mother’s
house when I visited. In the afternoon, a lady lawyer came and
assisted Aunt Sarah in preparing documents signed by Sarah
and her witnesses. I knew later it was her Last Will and
Testament;

30. Q: Who was there aside from Aunt Sarah and your mother, if
you remember?
A: There was Attorney Nacua and male companion, Dina
Garces and Julian Grava;

31. Q: What transpired during that day, if you remember?

A: Atty Nacua and Aunt Sarah talked for about an hour or so.
Then the Last Will and Testament was printed. I heard Aunt
Sarah said; OK NA NA ATTY (It is Okay Atty). Thus, Attorney
Nacua read the Last Will and Testament, then the latter signed
the same in the presence of witnesses Ben Concepcion, Dina
Garces and Ted Julian Grava. After which Attorney Nacua
notarized the same document;

32. Q: After the Last Will and Testament was printed signed
and notarized, what else happened?
A: Atty Nacua, gave three (3) copies to Aunt Sarah who gave
the same to my mother;

33. Q: What did you observe after, if there was any?

8|Page
 A: Aunt Sarah told me my mind is already at peace. She has
done something to stop Eldred from getting her mother’s
property. She is not afraid to die;

34. Q: Do you have anything else to say?

A: Nothing more Attorney.

Manifestation: At this point Your Honor, we request that this Judicial

Affidavit, previously attached and marked as Annex “N” in the
complaint, be marked as our Exhibit “N.”

That will be all for the witness Your Honor.

TISHA ESTRELLA ZOZOBRADO - TABAG

Affiant
Philippine Passport P3572107B
valid until 17 October 2029

SUBSCRIBED AND SWORN to before me this

_______________, Affiant, showing to me his competent proof of
identity, who is personally known to me to be the same person who
presented and signed the foregoing instrument in my presence, and
who took an oath before me as to such instrument.

Doc. No.: ___;

Page No.: ;
Book No.: ;
Series of 2024.

9|Page
Republic of the Philippines }
City of Cebu } s.s.

ATTESTATION

I, ATTY. NELSON M. CHUA, of legal age, Filipino, with office

address at Room 208 OFTANA Building, Jasmin cor. Mariano Cui
Sts., Capitol Site, Cebu City, Philippines, after being sworn to in
accordance with the law, hereby depose and state that:

1. I was the one who conducted the examination of TISHA

ESTRELLA ZOZOBRADO -TABAG;

2. I have faithfully recorded or caused to be recorded the

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

3. Neither I nor any other person then present or assisting him

coached the witness regarding his answers.

IN WITNESS WHEREOF, I have set my hand this

________________ at Cebu City, Philippines.

ATTY. NELSON M. CHUA

Roll of Attorneys No. 60382

SUBSCRIBED AND SWORN to before me, Affiant, showing to

me his competent proof of identity, who is personally known to me to
be the same person who presented and signed the foregoing
instrument in my presence, and who took an oath before me as to
such instrument.

10 | P a g e
Doc No.: ____;
Page No.:____;
Book No.:____;
Series of 2024.

11 | P a g e