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MARIETTA LEMERY,
Plaintiff,
JUDICIAL AFFIDAVIT
Witness:
DANNY PAS LAMERA, a businessman, of legal age, Filipino, and resident
of 123 Rizal St., Barangay Maria Clara, Iloilo City.
Examining Lawyer:
ATTY. ROBERT E. PONJE
6/F, V. Tower
Megaworld, Iloilo City
Place of Examination:
V Law Office
6/F, V. Tower
Megaworld, Iloilo City
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This judicial Affidavit is written in English, a language known and
understood by me, and the examination and execution thereof were done at
V Law Office, 6/F, V Tower, Megaworld, Iloilo City; and
1. Q. Mr. Witness, are you the defendant in this Civil Case for
collection of sum of money?
A. Yes, sir.
8. Q. after Ms. Lemery took your car, are there any communication or
letters which you received from her or any other person with regard
to the said indebtedness?
A. I have not receive any.
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9. Q. What can you say now with respect to the allegation of Marietta
Lemery that you have an outstanding, due and demandable
indebtedness in the amount of Php 300,000.00?
A. The indebtedness has been extinguished by dation in payment,
therefore, I have no outstanding, due and demandable
indebtedness to Ms. Lemery.
10.Q. Considering what you have said Mister witness, what do you
want the Honorable Court to do with the case filed against you?
A. I hope that this case be dismissed for lack of a cause of action;
and be paid of moral damages of P20,000.00, exemplary
damages of P15, 000.00, attorney’s fees of P30,000.00; and
plaintiff be made to pay the costs of suit.
11.Q. Do you affirm and confirm the truthfulness and veracity of all the
statements you stated in this Judicial Affidavit?
A. Yes, sir.
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Docket No. 1340
Book No. 03
Page No. 45
Series of 2018
ATTESTATION OF COUNSEL
ROBERT E. PONJE
Counsel for Defendant
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Docket No.; 365.
Book No.; III.
Page No.; 65.
Series of 2018.
Copy Furnished:
Received by:________________
Date :_________________
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12.Q. I have here a promissory note marked as Exhibit “A”, are you
referring to this document?
A. Yes, sir.
15.Q. On the bottom part of the Deed of Sale, there appears a signature
above the name DANNY PAS LAMERA-seller. Whose signature is
this?
A. That is my signature sir.
Atty. Ponje: You Honor, may I request that the signature appearing above
the name of Danny Pas Lamera be marked as Exhibit “1-a”
16.Q. On the left part of the same page, there appears the signature
above the name MARIETTA LEMERY-buyer. Whose signature is
that?
A. That is the signature of Ms. Marietta Lemery, sir.
17.Q. How do you know that it was the signature of Ms. Lemery?
A. I was present and looking at the document when Ms. Lemery
affixed her signature in the Deed of Sale, sir.
Atty. Ponje: Your honor