REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

METROPOLITAN TRIAL COURT
BRANCH 65, MAKATI CITY
ERNESTO B. UNISA,
Plaintiff,
Civil Case No. 102142
For: Sum of Money

-versusSPS.
MELCHOR
OCAMPO
and
ESPERANZA T. OCAMPO,
Defendants.
x----------------------------------------------x

JUDICIAL AFFIDAVIT
I, ERNESTO B. UNISA, of legal age, Filipino and presently residing at
#4661 Cuangco St., Pio del Pilar, Makati City, after having been duly sworn to
in accordance with law, hereby states and executes the following as my
direct testimony in the afore-captioned case:
COUNSEL: Your Honor, we are offering the testimony of ERNESTO B.
UNISA to prove that Defendants loaned a principal amount
of 25,000 Saudi Riyals and that the same incurred interest
from the time the loan was secured; to prove that despite
demands for payment, Defendants continuously failed and
refused to pay the amount of the loan together with its
interests; to prove that as a consequence of Defendants
refusal to pay, Plaintiff suffered moral and actual damages;
to identify documents, particularly this Judicial Affidavit,
promissory note, documents proving the amount of the
loan and the parties agreement, demand letter and other
documents related to this case; and to testify as to other
matters relative to the instant case.

1. Q: How do you know Spouses Ocampo, the Defendants in this case?

A: Melchor Ocampo used to be my co-worker and friend back when we
were both working at the same company at Saudi Arabia, Sir. Esperanza
Ocampo is Melchors wife.
2. Q: How long have you known Melchor Ocampo?
A: Since 1989, Sir.
3. Q: What brought about this collection case against Defendants?
A: It started when Melchor loaned a sum of money from me amounting to
25,000 Saudi Riyals. I agreed because I trusted him. He was my friend
and he promised to pay me a monthly interest of 8%.

4. Q: When did he loan money from you and for how much?
A: There were two instances when he loaned money from me. On January
1, 2004, Melchor Ocampo initially borrowed 20,000 Saudi Riyals from me.
The second instance was sometime in 2005 when he borrowed an
additional 5,000 Saudi Riyals.
5. Q: What was the arrangement regarding the first loan?
A: Melchor offered to pay me an 8% monthly interest on the first loan of
20,000 Saudi Riyals. At that time in 2004, I was still in Saudi Arabia
working with Melchor thats why he paid me 8% interest, or 1,600 Saudi
Riyals, every month.
6. Q: What about the arrangement regarding the second loan?
A: In 2005, I went home to the Philippines while Melchor remained in
Saudi Arabia. I gave him an additional 5,000 Saudi Riyals to be added to
the existing loan, which is also subject to the 8% monthly interest.
However, since I was already in the Philippines, we had a different
arrangement regarding the payment of interest.
7. Q: Before we proceed to the new payment arrangement, how much now is
the total amount loaned and the monthly interest?
A: Adding the two loans, the total amount of the principal loaned is
25,000 Saudi Riyals. He is supposed to pay me an amount equivalent to
2,000 Saudi Riyals as interest every month until the principal is paid.
8. Q: You mentioned a while ago a different arrangement regarding
Melchors payment. What was it about?
A: I was already back in the Philippines in 2005. We agreed that he would
pay the interest in U.S. Dollar currency instead of Saudi Riyals and that he
would buy medicine for me for my diabetes. Our arrangement was that he
would pay me $500 U.S. Dollars and send my medicine. All in all it is
equivalent to 2,000 Saudi Riyals as payment for the 8% monthly interest.
9. Q: Do you have any evidence of the loan agreement, its interest, and
payment arrangement, which you just mentioned?
A: Yes. Melchor signed a promissory note covering the first loan of 20,000
Saudi Riyals. He also admitted it in a letter-explanation to the barangay
dated June 23, 2009, which he also attached to his Answer.
10. Q:
What happened next, after Melchor contracted the loan?
A: Melchor was able to pay the monthly interest at first, as we agreed.
But later on, he stopped paying me anything.
11. Q:
When did Melchor first stop paying the interest?
A: In July of 2007, if I remember it correctly.
12. Q:
Before he defaulted in paying the interest, was there any
payment made on the principal amount loaned?
A: No, Sir. All payments made by Melchor before he stopped paying me
were on the interest.
13. Q:
What happened next after Melchor stopped paying the interest?
A: I got worried, Sir. I could not sleep and became anxious, more so,
because I have not heard from the Ocampos regarding the loan for a
considerable time.
14. Q:
Did you confront Defendants regarding the non-payment?
A: Yes, Sir. I was only able to confront Melchor when he was on vacation
in the Philippines sometime in 2008, if I remember correctly. I went to his

house in Las Pias and demanded that he pay me back the money he
loaned from me and the delinquent interests.
15. Q:
What did he tell you when you demanded payment?
A: He told me that he had no money and that the clients of his business,
for which he loaned the money, did not pay him.
16. Q:
What was your reaction to this, if any?
A: I told him that his business had nothing to do with our agreement and
that I was only concerned with getting back my money. I pleaded to him
to give back my money because I will use it to buy a jeep so that I could
support my medication.
17. Q:
What did you feel when Defendant first told you that he could no
longer pay you?
A: I felt betrayed and hurt because I trusted him with my hard earned
money. I trusted him because he was my friend. I also felt depressed and
suffered sleepless nights because I did not know if I can still collect the
money he borrowed from me.
18. Q:
What happened next after he refused to pay you?
A: He again went abroad without any advice regarding the payment of
the money he loaned from me.
19. Q:
What happened next after he went abroad?
A: I waited for him to return to the Philippines so that I could try collecting
from him again. He again took a vacation in the Philippines sometime in
2009.
20. Q:
What did you do when you learned that he was back in the
Philippines?
A: I again went to him in Las Pias City sometime in March 2009, if
memory serves me right, hoping that I could collect the money he owed
me. I demanded payment from Melchor.
21. Q:
What did he say this time?
A: He still refused to pay me, Sir.
22. Q:
What did you do, if any?
A: I think it was in March of 2009 when I went to the barangay to
complain about his refusal to pay.
23. Q:
What happened in the barangay?
A: Melchor, his wife and Purita Agunday appeared before the barangay.
We agreed to settle the matter instead of going to court. I agreed that I
will no longer file a case against them and as settlement of the obligation,
I was willing to accept a reduced amount of $4,000 as full payment of all
his obligation to me.
24. Q:
Do you have any proof of the settlement at the barangay?
A: Yes, Sir. We executed a KASUNDUAN SA PAGBABAYAD, which was also
attached to the Answer of Defendants.
25. Q:
Regarding the agreement in the barangay of $4,000, how much
was paid by Defendants?
A: They were only able to pay $3,000 in separate instalments, Sir.
26. Q:
What happened to the remaining $1,000 as agreed upon in the
barangay?

A: They refused to pay the remaining $1,000, even after I sent them
personal notes demanding payment of said amount.
27. Q:
What did you do when they reneged on your settlement in the
barangay?
A: I consulted a private lawyer to help me collect the sum owed to me by
Defendants.
28. Q:
What did you and your former lawyer do, if any?
A: My lawyer helped me in preparing demand letters. He made me sign
the demand letter, which we sent through registered mail. In the letter,
we demanded that Melchor pay me according to our original agreement.
29. Q:
You earlier stated that pursuant to the agreement in the
barangay, the remaining amount of the debt was only $1,000. Can you
explain to this Honorable Court why you are demanding a considerably
bigger amount in your demand letters and in your complaint?
A: I hired a private lawyer before who helped me in preparing the
demand letters and my complaint. He explained to me that when the
settlement in the barangay was breached by non-payment, we can
enforce the original obligation or agreement. Now since Defendants did
not comply with our settlement in the barangay, we opted to enforce and
demand the original loan agreement, together with interest, as computed
in our demand letter. This was the basis of computation in my complaint.
However, since Defendants and I used to be friends and to make it easier
for them to pay, I opted further to reduce the amount to be collected,
which is indicated in my complaint.
30. Q:
According to your computation, how much would be the total
obligation under the original loan agreement?
A: The computation of the lawyer I previously hired is Php 430,500. But
again, I am only enforcing Php 200,000 as principal and around Php
92,000 as interest, as stated in my complaint.
31. Q:
What expenses or trouble did you incur as a consequence of this
case, if any?
A: I previously hired a lawyer and initially paid him Php7,500 to help me
prepare my complaint and other documents. I also paid the appropriate
filing fees. I also suffered sleepless nights because I was worried that I will
never collect my hard earned money, which I loaned to Defendants. I was
very anxious and restless. It was very burdensome to demand from the
Defendants because I had to commute to their house and to the barangay
in Las Pias from my residence here in Makati. All of my efforts to collect
were futile, which left me hopeless and worried.

COUNSEL: We have no further questions for the witness, Your Honor..

IN WITNESS WHEREOF, I have hereunto set my hand this 3rd day of

September, 2012 at Makati City, Philippines.
ERNESTO B. UNISA
Affiant

SUBSCRIBED AND SWORN TO before me this 3rd day of September,

2012 at Makati City, Philippines. Affiant exhibited to me his Senior Citizens
Card No. 1693 issued by the Office for Senior Citizens Affairs, City of Makati.

DAVID JULIAN G. PUZON

Public Attorney I
Ex-Officio Notary Public
(Pursuant to R.A. 9406)

EXPLANATION
In the absence of messengerial help, counsel for Defendants was
served copy of the foregoing Judicial Affidavit through registered mail with
return card and the registry receipt is hereto attached.

DAVID JULIAN G. PUZON

Copy Furnished:
MALIT LAW OFFICE
NORBERTO R. MALIT, JR.
Counsel for the Defendants
2nd Floor, Room 201 Navarro Building,
Real St., Pamplona, Las Pias City

PAO Makati/DJGP