REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
MAKATI CITY, BRANCH 112

STARBOARD MANPOWER
SERVICES, INC.,
represented by
MR. MANUEL M. GOROBAT JR..,
Plaintiff

- Versus – CIVIL CASE NO. NO. 191560

FOR: “Collection of Sum of Money
with Damages.”
SUNVIEW PALACE CONDOMINIUM
CORP. and SY KA KIENG,
Defendants.

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JUDICIAL AFFIDAVIT OF MARIE CORNELLA

Conformably with A.M. No. 12-8-8-SC, Plaintiff respectfully submits the judicial
Affidavit of Ms. Marie Cornella:

FORMAL OFFER TESTIMONY

The testimony of Ms. Marie Cornella is being offered for the following purposes:

1. To serve as her direct testimony

2. To prove the allegations
3. To identify and attest the veracity of the exhibits
4. to prove that Sunview Palace Condominium Corporation has a existing
payable to Starboard.

DIRECT EXAMINATION

The questions were propounded by Atty. John Manuel Bautista at his office located at
Unit 3-B Summerlin Building No. 2454 FB Harrison St. corner Valhalla St., Pasay City on
September 25, 2017, in the presence of his secretary, who recorded the taking of the testimony of
the witness:

1. Q: Do you know Starboard manpower Services Inc., the plaintiff in this case ?
A: Yes, sir.

2. Q: Why do you know the defendant?

A: Because I am the Billing officer of the corporation.

3. Q: as the Billing Officer, what is your duties and responsibilities

A: I am the one in charge of the billing and collection department of the Starboard
Manpower Services inc located at unit m3b padre faura st. Ermita, Manila.

4. Q: Do you know the defendant Sunview Palace Condominium Corp?

A: Yes sir I know the defendant.
 5. Q: Why do you know the defendant?
A: Because Sunview Palace Condominium is one of our clients and I am the one
in charge of the sunview’s billing during the period of its service agreement
starting on July 1, 2015 to June 30, 2016.

6. Q: Do you have the copy of the notarized service agreement?

A: Yes sir, to be marked as Exhibit “2”

7. Q: Does the service agreement include a provision wherein the principal shall
pay the separation pay?
Q: yes section 7.7 but Sunview requested to revise the service
agreement and remove the said provision.

8. Q: What else happened after?

Q: The final agreement was finalized without sec. 7.7

9. Q: Why does the Starboard approve the said removal of sec. 7.7?
Q: Because there is a provision in the service agreement that in cases of
termination of the contract not authorized under art.283 of the Labor Code the
right of the contractor’s employee to unpaid and other unpaid benefits shall be
borne by the party at fault

10. Q: Does the provision stated on the revised contract?

Q: Yes sir.

11. Q: What else happened, if any?

Q: Sunview Palace condominium has issues of late payments of billing statement
therefore forcing Starboard to terminate its services and file a complaint for
collection of receivables of the company

12. Q: Do you have a proof of this billing statements and late payments?
Q: yes marked as exhibit “3” and “4”

IN WITNESS HEREOF, I have hereunto set our hands of 20 at

Philippines.

MARIE CORNELLA
Affiant

SUBSCRIBED A N D S W O R N to before me this day of

20________ at Manila, Philippines. Witness MARIE CORNELLA presented to
me her valid identification card with photograph and signature as competent
proof of her identity.

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 ATTESTATION

IN WITNESS HEREOF, I have hereunto set our hands of 20 at

Philippines.

JOHN MANUEL B. BAUTISTA

Counsel for the Plaintiff
Attorneys Roll No. 51344
Unit 3-B, Summerlin Building, No. 2454
FB Harrison St. corner Valhalla St., Pasay City
IBP No. 1052065/ 01-03-17/ Pasay City
PTR No. 5282852/ 01-03-17/ Pasay City
MCLE No. V-0023743/ 09-02-16/ Manila
Contact No. 0908-740-0000/ 0915- 245-5005
Email add: atty.bautista@gmail.com

SUBSCRIBED A N D S W O R N to before me this day of

20________ at Manila, Philippines. Witness MARIE CORNELLA presented to
me her valid identification card with photograph and signature as competent
proof of her identity.

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EXPLANATION

The foregoing Plaintiff’s Pre-Trial Brief is being served by registered mail to the office of herein
below addressee due to distance constraint and lack of personnel to effect personal service.

Copy Furnished:

Atty. Arturo S. Santos

6/F TRIDA Building, now Parkview Plaza
T.M. Kalaw cor. Taft Avenue, Ermita, Manila