Republic of the Philippines

SUPREME COURT
Fourth(8th) Judicial Region
Municipal Trial Court in Cities
Tacloban City 6500

MELTON NOTLEM, CIVIL CASE NO. 1234

Plaintiff, FOR: EJECTMENT (UNLAWFUL
DETAINER) UNDER RULE 70
-versus- OF THE RULES OF COURT
ISKO TAKWARENS,
Defendant.

JUDICIAL AFFIDAVIT
OF MELTON NOTLEM

I, Melton Notlem, 35years old, single, residing at Lot No. 5 First street., Brgy.
1, Tacloban City Leyte , after having been sworn to in accordance with
the law do hereby depose and state:

That Atty MELTON GERVACIO is the counsel who conducted and

supervised my examination as a witness at his office at GOKAPA Law
Offices, Waiserado Bldg., Scam Lane, Tacloban City;
That I am answering the questions herein fully conscious that I do so
under oath and that I may be criminally liable for false testimony or perjury;

The following are the Questions propounded by Atty Melton Gervacio and
my answers in English language:
Q1:Do you swear to tell the truth and nothing but the truth?
A1:Yes Sir
Q2: Are you the same Alalahay Alahay, the plaintiff of the civil case no. 1234
in a case for Unlawful Detainer in 4th Judicial Region Municipal Trial Court in
Cities Tacloban City 6500?
A2: Yes Sir
Q3: What is your current employment, if any?
A3: I don’t have current employment, but I get my financial resources from
leasing my lands.
Q4: Do you know personally the defendant?
A4: Yes he is my elementary classmate.
Q5: How did Isko Takwarens know that your land is available for lease?
A5: He was referred by my friend, Glenn De Luna
Q6: When did you and Isko come into agreement to lease the land?
A6:It was in January 10, 2010
Q7: Was there a written lease contract to evidence this agreement?
A7: Yes, and it was signed by both of us.
Q8: For how long is the duration of the lease?
A8: The lease is good for 5 years from the date we came into an agreement
Q9: And for the entire duration of the lease, was the defendant able to pay
rental obligations to you on time?
A9: There were some time that he couldn’t pay the rent on time.
Q10: When did the lease expire?
A10: It was on February 1, 2015.
Q11: Upon termination of the lease, did he come to you to negotiate for its
extension?
A11: No, he did not.
Q12: Were you able to tell him orally your demand to vacate the property?
A12: Yes, in many occasions. At least three times in different days.
Q13: What did he say about it?
A13: He just nodded.
Q14: After exhaustively giving him oral demands, were you able to give him
another demand but in writing?
A14: Yes, I sent him demand letter through LBC on March 1, 2015
Q15: After sending the demand letter, were there any actions done by the
defendant?
A15: No actions whatsoever, he continued to occupy the land.
Q16: Were you able to seek help from the barangay to settle this dispute?
A16: Yes, we were both summoned by the barangay captain to his office,
but we did not come into an agreement or settlement.
Q17: Was a certificate to file action issued by the barangay captain?
A17: Yes.
Q18: Do you have anything more to add on these statement?
A18: No more.

IN WITNESS WHEREOF, I have hereunto affixed my signature

this 7th day of February 2016 at Tacloban City, Philippines.

Melton Notlem
Plaintiff
SUBSCRIBED AND SWORN to before me this 7th day of February 2016 at
Tacloban City, Philippines.

MELTON GERVACIO
Counsel for the Plaintiff
GOKAPA Law Offices, Waiserado Bldg.,
Scam Lane, Tacloban City
Attys. Roll No. 1/May 1, 2001
IBP OR No. 111111/01/03/01/Tacloban City
PTR No. 111111/01/01/06/ Tacloban City
MCLE Compliance No. V-0001111, 12-12-2010
Phone No.: 09111111111
Email: attymelton@gmail.com
 ATTESTATION OF LEGAL COUNSEL

I, Melton Gervacio, Counsel for plaintiff, Tacloban City, Philippines, after

having been sworn to in accordance with the law do hereby depose and say:

1.That I have faithfully recorded or caused to be recorded the

questions I asked and the corresponding answers that
witness, Melton Notlem, gave;

2.That I have not, nor any other person present or assisting

coached the witness regarding the witness’ answers; and
3.That I fully understand that any false attestation shall subject
me to disciplinary action, including disbarment.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 7th

day of February 2016 at Tacloban City, Philippines.

MELTON GERVACIO
Counsel for the Plaintiff
GOKAPA Law Offices, Waiserado Bldg.,
Scam Lane, Tacloban City
Attys. Roll No. 1/May 1, 2001
IBP OR No. 111111/01/03/01/Tacloban City
PTR No. 111111/01/01/06/ Tacloban City
MCLE Compliance No. V-0001111, 12-12-2010
Phone No.: 09111111111
Email: attymelton@gmail.com