REPUBLIC OF THE PHILIPPINES

SIXTH JUDICIAL REGION

REGIONAL TRIAL COURT
Branch 68
Dumangas, Iloilo
Guimaras Lime Factory, Inc.
As represented by
Money
RicCerbo, President
Plaintiff,

Civil Case: 12345

For: Collection of Sum of

-versusPassi Sugar Central, Inc.

Defendant,
x--------------------------------------------x
JUDICIAL AFFIDAVIT
I, Patricia Javier, Filipino, 35 years old, married and a
resident of Jordan, Guimaras, Philippines, after being sworn
in accordance with law, depose and say, that:
I understand that I am answering the questions in
english, asked of me fully conscious, and under oath, and
that I may face criminal liability for false testimony or
perjury;
I am being examined by Atty. Mary Louise Villegas, in
english at Unit 1 Chateau Verde, Condominium, Jaro, Iloilo
City on January 16, 2014.
1.

Q Can you please state your personal circumstances?

.
A
.

2.

I am Patricia Javier, Filipino, 35 years old, married

and a resident of Jordan, Guimaras, Philippines. I
am a certified public accountant.

Q How are you related to the plaintiff corporation

. Guimaras Lime Factory, Inc.?
A
.

I have been with Guimaras Lime Factory, Inc. for

almost 5 years now as its Finance Director and
Accountant.

3.

Q What is the nature of your job?

.
A
.

4.

5.

Q Are you aware of the Contract of Sale entered into

. by
Guimaras
Lime,
Inc.
and
Passi Sugar Central, Inc.?
A Yes.
.
Q What was the transaction all about?
.
A
.

5.

I perform financial functions related to the,

accuracy, recording, analysis and presentation of
the company's financial operations. I present the
company's financial data to people within and
outside of the business.

It was a contract of sale of industrial lime entered

into by Guimaras Lime, Inc. and defendant Passi
Sugar Central, Inc. on July 3, 2011. Guimaras Lime,
Inc. (represented by its President Ric Cerbo, as
vendor, agreed to deliver to Passi Sugar Central,
Inc. (as duly represented by Proceso Panes, its
President) 100 tons of Industrial Lime at P50,
000.00 per ton which shall be delivered 25 tons for
every quarter from the date of the execution of the
contract on July 3, 2012, and payment of such shall
be upon each delivery to the defendant, the
vendee.

Q What happened to the transaction?

.
A
.

The first and second quarters went well, but until in

the third quarter on January 3, 2013, wherein, the
25 ton delivery of the plaintiff was received by the
defendant and that the latter issued a check in
favor of the former in the amount of P1,250,000.00,
which check eventually was dishonored due to
insufficiency of funds. Our corporation made several
oral and written demands of payment from the
defendant, and the insisting non-payment of the
same, we were constrained to refuse delivery for
the fourth quarter until full payment of the third

quarter obligation.
6.

Q How did the transaction affected the finances of the

. company?
A
.

7.

Q How much would the loss due to unrealized profits

. be in Philippine currency?
A
.

8.

Based on my detailed computation as herein

attached as Annex B , it would amount to
P1,875,000.00. That would be P1,000,000.00 for
the third quarter and P875, 000.00 for the supposed
4th quarter delivery.

Q How did you arrive

. unrealized profits?
A
.

9.

The company suffered losses and was not able to

realize its profits for the 3rd and 4th quarter delivery.
We were constrained to sell the 4 th quarter 25 ton
Industrial Lime at a lower price of P15, 000.00 per
ton with XYZ Sugar Central, Inc. ( Receipt of
Transaction attached as Annex A).

to

such

computation

I subtracted the cost of acquisition of the Industrial

lime which is P10,000.00 per ton from the contract
price of P50,000.00 per ton. Projected profit
amounts to P40,000.00 per metric ton.
That is a projected profit of P1,000,000.00 for the
third quarter which was fully unrealized due to nonpayment of such third quarter delivery. The
unrealized profit for the fourth quarter delivery is
projected profit of P1,000,000.00 minus the profit
realized from selling the industrial lime to XYZ
Sugar Central amounting to P125,000.00; giving us
an unrealized profit of P875,000.00. Adding the two
unrealized projected profits amounts to P
1,875,000.00

Q Do you have anything more to add?

:
A
:

of

None.

IN WITNESS WHEREOF, I have set my hand this 5 th day of

March 2014, at Iloilo City, Philippines.

Patricia Javier
ATTESTATION
I, Atty. Mary Louise S. Villegas, personally examined Patricia
Javier; that I faithfully recorded or caused to be recorded, the
questions I asked in the local dialect and translated the same
in the English language and the corresponding answers that
the witness gave; and neither I nor any other person then
present or assisting him coached the witness regarding the
latter's answers.
ATTY. MARY LOUISE S.
VILLEGAS
Counsel for Plaintiff
Jaro, Iloilo City
Roll of Attorneys No. 1234567
IBP No. A-1234567
PTR No. A- 1234567
MCLE No. A-1234567

August,2,2014
SUBSCRIBED and SWORN to before me this 5th day of March
2014 in Iloilo City, Philippines. I hereby certify that I have
personally examined the Patricia Javier and John Raymond
Leonor and I am satisfied that they freely and voluntarily
executed and understood the content of his sworn
statement.
SHIELA BATUMBAKAL
NOTARY PUBLIC
Commission expires Dec.
31, 20014
Roll No.98756 March
20,2014
IBP No.98503
April,16,2014
MCLE No.98675 June
15,2014
P.T.R. No.97654
August,2,2014