Republic of the Philippines

REGIONAL TRIAL COURT OF MISAMIS ORIENTAL

10th Judicial Region
Branch ______
______________ City

JUAN DELA CRUZ, CIVIL CASE NO. 011101001

Plaintiff,

-versus- FOR:
Collection of Sum of Money,
PEDRO DELOS SANTOS, Attorney’s Fees, and Damages
Defendant.
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JUDICIAL AFFIDAVIT
(PEDRO DELOS SANTOS)

I, PEDRO DELOS SANTOS, of legal age, single, Filipino citizen,

and a resident of Matina, Davao City, examined by counsel of record
____________ at her law office located at Centro, Davao City on
January 29, 2019, fully conscious that in answering them I did so
under oath and aware that I may be liable criminally for false
testimony or perjury, and I will identify and authenticate the
document mentioned in my Judicial Affidavit, hereby depose and
state under oath that:

LEGEND: QUESTION: Q ; ANSWER: A

MS. VILLAMOR: With the kind permission of this Honorable Court.

1) Q Please state your name and other personal

circumstances.
A I am Pedro Delos Santos, of legal age, single, Filipino
citizen, and a resident of Matina, Davao City. I am
an Engineer by profession.

2) Q Do you know the plaintiff in this case?

A Yes, Attorney.

3) Q Why do you know him?

A Because he contracted my services in the
construction of his commercial building.

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4) Q Please narrate how this case started.
A Sometime in January 2015, plaintiff inquired from
our office for the construction of a commercial
building. At his request, we have researched,
designed, and proposed three potential structures,
including the estimated budget of each.

5) Q What happened next, if any?

A Plaintiff, having chosen the preferred design, agreed
to the proposal and budget plan we made.

6) Q I’m showing to you a copy of the proposal and

budget plan which we pray to be marked as Exhibit
“1” to “1-E”, are you referring to the same
documents?
A Yes.

7) Q What happened next, if any?

A We have agreed to put into writing the conditions,
budget, and time frame of the said project. Thus, we
executed a Contract of Service on July 4, 2015.

8) Q I’m showing to you a copy of the Contract of Service

which we pray to be marked as Exhibits “2” to
“2-B”, are you referring to the same Contract of
Service?
A Yes, Atty.

9) Q After the execution of the Contract of Service, what

happened next?
A We have started the construction of the commercial
building. However, when my team was half way
done with the project, we did not receive the amount
agreed upon. As stipulated in the Contract, I was
supposed to receive 50% of the contract price.

10) Q What action did you take to enforce your right?

A I made several verbal demands but to no avail.
Eventually, I issued a demand letter to the plaintiff
compelling him to satisfy his obligation.

11) Q I am showing to you a copy of the demand letter

addressed to the plaintiff dated June 11, 2017 which
we pray to be marked as Exhibit “3”, are you
referring to the same document?
A Yes, Atty.
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 12) Q What happened to your obligation with the plaintiff?
A Because the plaintiff breached our contract, I did not
continue the construction of the building.

13) Q What happened next, if any?

A I was surprised to receive a Complaint from the
plaintiff when in truth and in fact he was the one
who has an obligation to be satisfied.

14) Q Please go over your answer.

A This is all.

15) Q Do you affirm and confirm the truthfulness of your

answer?
A Yes.

16) Q I have no questions to ask, would you sign this

affidavit?
A Yes, I will sign it.

IN WITNESS THEREOF, I have hereunto set my hand this

January 29, 2019 in Davao City, Philippines.

PEDRO DELOS SANTOS

Affiant
GSIS ID No. 112-343

SUBSCRIBED AND SWORN TO BEFORE ME, this January 29,

2019 at Matina, Davao City, Philippines. And I further certify that I
have personally examined the affiant and I am satisfied that all
the above-stated information was given by him personally, freely and
voluntarily and that he understood the content thereof after the
same was interpreted and translated into the vernacular.

WITNESS MY HAND AND SEAL.

__________________
Counsel for the Defendant

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Doc. No. 3
Page No.1
Book No. XV
Series of 2019

ATTESTATION

I, _______________, of legal age, Filipino citizen, single,

resident of Davao City, after having been duly sworn to in
accordance with law do hereby depose and say:

1. That I am the counsel for the defendant in the above-titled case;

2. That I personally conducted the foregoing judicial affidavit;

3. That I 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 latter’s answer.

IN WITNESS WHEREOF, I have hereunto affixed my signature

this January 29, 2019 in Davao City.

__________________________
Counsel for the Defendant

SUBSCRIBED AND SWORN to before me this January 29, 2019,

in Davao City. Affiant exhibited to me her SSS ID No. 112-323.

ATTY. AHMAN KA
Roll No. 1222334/TIN 123-888-112
PTR No. 344555, 1/14/19 Davao City
IBP OR No. 355577, 1/4/19 Davao City
MCLE Comp. No. VI-0000581, 9/29/2016
2/F JDP St., Matina, Davao City,
8888-3434

Doc. No. 6
Page No. 2
Book No. LX
Series of 2019

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Copy furnished by Registered Mail:

ATTY. ONE Reg. Receipt No. 12220-000

Cagayan de Oro City Date: January 29, 2019

EXPLANATION

The foregoing Judicial Affidavit is being served and filed by

registered mail with registry receipt and return card, personal service
thereof not being practicable due to distance, time constraints, and
lack of personnel to go to Cagayan de Oro City to serve and file this
Judicial Affidavit.

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