Republic of the Philippines

Sixth Judicial Region

REGIONAL TRIAL COURT
Branch 1, Bacolod City

PEDRO FERRER,
Plaintiff,
NPS DOCKET NO:
- versus - V-08-INQ-15B-9999
FOR: COLLECTION
FOR A SUM OF
MONEY
JUAN DELA CRUZ,
Respondent
x---------------------x

JUDICIAL AFFIDAVIT

I, JUAN DELA CRUZ, of legal age, married, and living at Yakal

St., Brgy. Villamonte, Bacolod City, respondent in this case, state
under oath as follows:

PRELIMINARY STATEMENT
The person examining me is Atty. Jan Mikee B. Tan with
address at Blk 28 Lot 27, Victoria St., Eroreco Subd, Brgy.
Mandalagan, Bacolod City. The examination is being held at the same
address. I am answering her questions fully conscious that I do so
under oath and may face criminal liability for false testimony and
perjury.

This affidavit/testimony of the respondent, Juan Dela Cruz is

being offered to prove that the plaintiff has no claim against the
respondent as the alleged debt has already been paid for by the
respondent as supported by signed and acknowledged receipts. The
respondent’s testimony is also offered to prove that the plaintiff has
no cause of action and therefore has unlawfully prejudiced the
respondent to which the former shall be liable for damages.
THE FOLLOWING ARE THE QUESTIONS AND
CORRESPONDING ANSWERS GIVEN IN THE COURSE OF
EXAMINATION:

Q1: Please state your name and other personal circumstances for
the record.

A: I am Juan Dela Cruz, 30 years old, married and a resident of

Yakal St., Brgy. Villamonte, Bacolod City.

Q2: Are you the the Juan Dela Cruz who is the respondent in this
case?

A: Yes, Sir.

Q3: Do you know of a certain Pedro Ferrer?

A: Yes, I have borrowed money from him as he was a former co-

worker of mine in the Company where I worked.

Q4: What Company are you referring to Mr. Dela Cruz?

A: In Convergys-Bacolod, he and I were assigned in the Human

Resources Department where both of us were designated as
hiring staff.

Q5: When did you borrow money from this Pedro Ferrer?

A: I borrowed from him last December of 2016 as I had to pay off a

loan secured by a mortgage which was due for foreclosure.

Q6: How much was the amount of money you borrowed from Mr.
Ferrer?

A: I borrowed the amount of Five Hundred Thousand Pesos

(P500,000.00) which was evidenced by a Promissory Note,
stating the amount I borrowed, terms of payment, the number
of Installments to be made and the date of payments, signed by
both Pedro and me. (Exhibit “1”)
Q7: From then, were payments made to Mr. Ferrer on time?

A: Yes, every time I made a payment, I demanded a receipt from

the plaintiff as proof that he has received my payments. These
receipts are signed by him and dated. I have a total of 24
receipts to show all my 24 installments, inclusive of the
principal amount and the interest. (Exhibits “2” to “25”)

Q8: Were all payments made to Mr. Ferrer?

A: Not all the time. Sometimes, I paid through his girlfriend, Ms.
Mary Jane Dee Tapat whom he introduced to me and told me
that when payments are due and he is not around, I can readily
pay to Ms. MJ as his representative and that Ms. MJ can issue
me an acknowledgement receipt as well.

Q9: Was this Mary Jane Dee Tapat, also working in the same
company you and Pedro were in?

A: Yes, she was assigned under the sales department.

Q10: Can you readily identify the times when you paid to this Ms.
Tapat?

A: Yes, I have encircled the receipts that were signed by Ms. MJ.
These were on August 5, 2017, September 5, 2017, January 5,
2018 and from June to December of 2018. (bringing emphasis on
Exhibits “9”, “10”,”14” and “19” to “24”)

Q11: What were the reasons why you were not able to pay to Mr.
Ferrer himself?

A: Most of those times, he was on a sick leave and on June to

December of 2018, he was sent on a training by the Company.

Q12: When was the time that the plaintiff has communicated his
intention to collect your alleged remaining loan to him?
A: When he arrived back from Laguna, where he was sent in for a
training, it was May of 2019. He told me that he did not receive
my payments as he and her girlfriend had broken up on
September of 2018.

Q13: After that encounter, did you pay the plaintiff?

A: No, I did not as I have already paid the remaining amount to

his girlfriend. I have the receipts and I showed him the
signature. He has confirmed that it was Ms. MJ’s signature but
still insisted in collecting the alleged remaining amount of One
hundred and seventy-five thousand pesos (P175,000.00) from
me.

Q14: What then did you tell the plaintiff?

A: I told him that since he did not inform me of the rift between
him and Ms. MJ, I had assumed that she was still in authority to
receive my payments. That he did not give me any notice or
warning about my payments and it just seemed to me that I can
still pay to Ms. MJ regarding my debt. It only came to my
knowledge that they have broken up, when he approached me
to collect the amount he is claiming from this suit.

Q15: How did the plaintiff respond to your statement?

A: He refused to accept my explanation and insisted that I should

be the one to correct the situation and pay him. Then he
suggested that I should in turn ask Ms. MJ to return to me my
payments made to her.

Q16: What did you tell the plaintiff regarding his suggestion?

A: I told him that he should be the one to claim the payments

collected by Ms. MJ as I already have enough proof that I have
paid. His recourse should be with Ms. MJ and not me.
Q17: After this, did the plaintiff tell you something else?

A: No Ma’am, Pedro just stormed off and the next thing I know,
he handed me a Demand Letter and filed a case against me in
court. This case.

IN WITNESS WHEREOF, I have hereunto set my hand this 26th

day of August 2019 at Bacolod City.

JUAN DELA CRUZ

Affiant

ATTESTATION

I, ATTY. JAN MIKEE B. TAN, of legal age, with office address

at Blk 28 Lot 27, Victoria St., Eroreco Subd., Brgy. Mandalagan,
Bacolod City, do hereby certify that:

I propounded the questions to JUAN DELA CRUZ and

faithfully recorded or caused to be recorded the questions I asked
and the corresponding answers that JUAN DELA CRUZ gave, as
above stated.

Neither I nor any other person then present or assisting him

coached him regarding the latter’s answers.

IN WITNESS WHEREOF, I have hereunto set my hand this

26TH day of August 2019 at Bacolod City.

ATTY. JAN MIKEE B. TAN

Affiant
 SUBSCRIBED AND SWORN to before me this 26th day of
August 2019, at Bacolod City, affiants exhibiting to me their
respective competent evidences of identity: JUAN DELA CRUZ, his
TIN 312-213-444 and ATTY. JAN MIKEE B. TAN, her TIN 213-311-
333, thus satisfactorily having proven their identities to me.

JACKIE CHAN
Roll of Attorneys No. 66213
IBP No. 1288732 [01.12.2016] Negros Occidental
PTR No. 002451 [01.12.2016] Bacolod City
MCLE Compliance No. IV-0009222 [07.22.2017]

Doc. No.: _____

Page No.: _____
Book No.: _____
Series of 2019