Вы находитесь на странице: 1из 6

Republic of the Philippines

6th Judicial Region


Regional Trial Court
Branch 9 Kalibo, Aklan
-o0o-

NENA ROSE Z. BUGRONG,


Plaintiffs,

-versus- CIVIL CASE NO. 12345566


FOR: Collection of a Sum
of Money
ROSHAN LANES TAGALIBOD
Defendants.
x- - - - - - - - - - - - - - - - - x

JUDICIAL AFFIDAVIT

I am ELAINE F. VILLANUEVA, of legal age, single, Filipino and a


resident of 075 Purok 3, Bulwang, Numancia, Aklan and a Public School
Teacher am the Plaintiff in this case and I state under oath as follows:

PRELIMINARY STATEMENT

The person examining me is ATTY. DAN NICKO R.


CASTILLANO, with office address at C. Laserna St., Poblacion, Kalibo,
Aklan. The examination is being held in the same address. I am answering
his questions fully conscious that I do so under oath and that I may face
criminal liability for false testimony and perjury.

EXAMINATION PROPER

1. Atty. Castillano: Do you know why you are


being asked to execute a Judicial Affidavit?
Witness: Yes, I am asked to execute this in order to give
my testimony in the complaint for a collection for a sum of
money which I filed against herein respondent of this case.

2. Atty. Castillano: Can you please state your name


and personal circumstances for the record?
Witness: I am Elaine Villanueva, of legal age, single,
Filipino and a resident of 075 Purok 3, Bulwang, Numancia,
Aklan.

3. Atty. Castillano: Do you know the Defendant and


how did you come to know her?

1
Witness: Yes I personally know who the defendant is for
I came to know her when she obtained a loan from me.

4. Atty. Castillano: What about this loan?


Witness: On January 21, 2013, the defendant obtained a
loan amounting to Fifty Thousand Pesos and Fifty Centavos
(Php 50,000.50) from me as evidenced by a Promissory Note
dated January 21, 2013.

5. Atty. Castillano: Do you have evidence of documents


to prove that?
Witness: Yes, I have the Promissory Note here.

(Witness handed over the document to Atty. Castillano


and Atty. Castillano examined it.)

6. Atty. Castillano: I am marking this Promissory Note,


as Exhibit 1 and this will be attached to this Judicial
Affidavit to form as part of the evidence for the Plaintiff. Do
you confirm my action?
Witness: Yes, sir.

7. Atty. Castillano: Was there an agreed date of


payment?
Witness: Yes there was, we agreed that the due date for
the payment of the loan shall be on June 21, 2014 and the same
was stipulated in the promissory note.

8. Atty. Castillano: Was there any payment made?


Witness: The Defendant was only able to pay an amount
of One Thousand Pesos and Fifty Centavos (Php1,000.50) from
the principal amount and failed to pay the total obligation due.

9. Atty. Castillano: What happened next?


Witness: Due to her failure to fulfill her obligation, I
proceeded with the enforcement of the conditions stated in the
promissory note which entitled me to be paid not only the
unpaid principal but also an additional 15% for interest and
20% penalty.

10. Atty. Castillano: Do you have evidence of


documents to prove that?
Witness: Yes, the Statement of Account stipulating the
same is here with me.

(Witness handed over the document to Atty. Caballero


and Atty. Caballero examined it.)

2
11. Atty. Castillano: I am marking this Statement of
Account as Exhibit 2 and this will be attached to this
Judicial Affidavit to form as part of the evidence for the
Plaintiff. Do you confirm my action?
Witness: Yes, sir.

12. Atty. Castillano: What happened next?


Witness: I decided to send the defendant a formal
demand letter dated July 9, 2014 for her to pay the amount
which has been long overdue.

13. Atty. Castillano: Do you have evidence of


documents to prove that?
Witness: Yes, the Demand Letter which I sent her is here
with me.

(Witness handed over the document to Atty. Caballero


and Atty. Caballero examined it.)

14. Atty. Castillano: I am marking this Demand Letter


as Exhibit 3 and this will be attached to this Judicial
Affidavit to form as part of the evidence for the Plaintiff. Do
you confirm my action?
Witness: Yes, sir.

15. Atty. Castillano: Was there any response?


Witness: No, there was no response from the defendant
as the amount due still remains unpaid even though I have made
subsequent verbal demands for the payment of the same.

16. Atty. Castillano: Is there anything else which you


would like to add?
Witness: Due to the remaining unpaid amount which the
defendant owes me, I failed to fulfill other obligations which I
needed to fulfill and thus her prolonged non-payment of the
same has negatively affected by other transactions and
endeavors.

17. Atty. Castillano: As a consequence of the filing of


the case, what happened to you?
Witness: I suffered from extreme mental anguish and
loss of sleep. I cannot help but worry for myself and my
familys future.

18. Atty. Castillano: What are you now asking from


this Honorable Court?
Witness: I am now praying that the Honorable Court
grant my prayer in the Complaint for the sum of Forty Nine

3
Thousand Pesos (Php 49,000.00) in payment of the outstanding
balance which remains unpaid with an interest of 15% and
another 20% of the same as penalty for failure to pay on the
agreed date, Ten Thousand Pesos (Php 10,000.00) as moral
damages and Ten Thousand Pesos (Php 10,000.00) as
exemplary damages.

Furthermore, I also ask for 20% of the total amount


involved as attorneys fees, appearance and other litigation
expenses.

19. Atty. Castillano: That will be all for now, Ms.


Witness. Thank you very much for your time and your full
cooperation.
Witness: Youre welcome, sir.

IN TRUTH AND WITNESS WHEREOF, I am hereby setting my


hand this 5th February 2015 in Kalibo, Aklan, Philippines.

ELAINE F. VILLANUEVA

SUBSCRIBED AND SWORN TO before me this 5 th day of


February, 2015, in Kalibo, Aklan, Philippines, affiant showing to me her
competent evidence of identity being her Drivers License Identification No.
F01-23-456789 through which she was identified.

Atty. RONALD T. ROGAN, JR.


Notary Public
Attorneys Roll No. 12345
IBP No. 10945-01/03/15-Bacolod
PTR No. 67901- 01/03/15-Bacolod
MCLE Compliance No. IV-0056376
November 17, 2014

Doc. No. 1;
Page No. 1;
Book No. 1;
Series of 2015.

4
SWORN ATTESTATION

I, DAN NICKO R. CASTILLANO, of legal age, married, Filipino


and a resident of Barangay Poblacion, Balete, Aklan, after duly sworn to in
accordance with law do hereby depose and say:

1. That I am the counsel on record for the Plaintiff in the above-


entitled case;

2. That I personally conducted the foregoing judicial affidavit of


ELAINE F. VILLANUEVA;

3. That I hereby certify that I faithfully recorded the questions I


asked and the answer of the witness;

4. That I likewise certify that neither I nor any person then present
had coached the witness regarding the latters answer.

IN WITNESS WHEREOF, I have hereunto affixed my signature this


th
5 February 2015, in Kalibo, Aklan.

DAN NICKO R. CASTILLANO


Counsel for Plaintiff
Brgy. Poblacion, Balete, Aklan
PTR No. 1234567*01/01/14*Kalibo, Aklan
IBP No. 123456*01/01/14*Kalibo, Aklan
Roll No. 12345
MCLE Compliance No. XXX-0001234
January 01, 2014

Subscribed and sworn to before me this 5th February 2015 in Kalibo,


Aklan, Philippines.

Witness my hand and seal.


Atty. RONALD T. ROGAN, JR.
Notary Public
Attorneys Roll No. 98763
IBP No. 94765-01/03/15-Kalibo, Aklan
PTR No. 21351- 01/03/15-Kalibo, Aklan
MCLE Compliance No. IV-006786
November 17, 2014
Doc. No. 2;
Page No. 1;
Book No. 1;
Series of 2015.

Copy Furnished By Registered Mail:


ATTY. TOMAS GERARDO ARANETA
XYZ Bldg., Kalibo, Aklan 5600
RR No. 1234
February 6, 2015
5
EXPLANATION

Copy of this Judicial Affidavit was furnished the other parties by


way of registered mail only and not by personal service for reason of
lack of office personnel and time to effect personal form of service.

DAN NICKO R. CASTILLANO


Counsel for Plaintiff
Brgy. Poblacion, Balete, Aklan
PTR No. 1234567*01/01/14*Kalibo, Aklan
IBP No. 123456*01/01/14*Kalibo, Aklan
Roll No. 12345
MCLE Compliance No. XXX-0001234
January 01, 2014