REPUBLIC OF THE PHILIPPINES

QUEZON CITY ) S.S.

x-----------------------------x

JOINT AFFIDAVIT

We Spouses Elmer O. Tumala and Margie O. Tumala, both of legal age, Filipinos and
residents of No.62 Robertson St., Greenview Executive Village, Brgy. Sauyo, Quzon City, after
having been duly sworn to in accordance with law, depose and state that;

1. We are the owners of the property located on the address stated above;

2. On sometime in early 2015, when we were just planning to construct our first family
home, we have decided that we have to look for a trusted General Contractor that is
capable of building a residential house from start to finish because we do not have
prior experience in building a house, I am still working in South Korea as a
Structural Engineer at that time and my wife is taking care of our children.

3. On December 21, 2015 we entered into an Agreement for the construction of our two
storey residential house located in the aforementioned address with Mr. Joel A.
Garcia of Mind-Concept Construction & Interior Design (hereinafter referred to as
Contractor) with address at 3965 Yague St., Brgy. Sta. Cruz, Makati City, which
eventually became Mind-Concept General Construction Inc. Copy of the said
Agreement is hereto attached as Annex “A”.

4. As clearly stated in clause 2.0 Scope of Work of the said agreement, “The
CONTRACTOR, in consideration of payment to be made by the OWNER agrees to
furnish labor, materials, equipment, plans, tools and other facilities necessary for the
completion of the project.

5. `During the construction, the workers unavoidably dropped some of the cement
mixture used for plastering the sidewall of our house to the adjacent house of Ma.
Milani M. Diaz with address #60 Robertson St., Greenview Executive Village, Brgy.
Sauyo, Quezon City, represented by her Atty-in-Fact Florencia R. Cornejo (herein
referred to as the COMPLAINANT) that causes some cracks/gaps/holes to the
polycarbonate roofing of their garage and not the tools, materials or any equipment
was placed as claimed by the complainant.

6. Sometime in the second quarter of 2017, we received a text message from the
secretary of Homeowners Association of Greenview Executive Village (HAGEV) that
we have to attend a meeting in the Clubhouse because of the complaint of our
neighbor regarding the damage on their garage roof.

7. We informed our Contractor about it and on June 2017 he immediately send his
representative brother/General Foreman (Natoy) to attend the meeting. Afterward,
his representative told us that they promise the Complainant that they will repair the
damaged part particularly the polycarbonate roof only and the repair will be done
after the construction of our house.
8. Sometime in the third quarter of 2017, we had a chance to talk to the Complainant
particulary Mrs. Florencia Cornejo and told us that they want their garage be
repaired as soon as possible. Moreover, she told us that they asked or inquired to a
contractor about the total estimated cost of the repair amounting to Ninety
Thousand Pesos (90,000Php). She even told us that if we are willing, they will be the
one to repair and we will just pay them thru installment.

9. We immediately impart this information to our contractor and he told us that it’s
best to repair the garage roof after the construction therefore, not risking it to be
damaged again.

10. To date, Mind-Concept has not performed its obligation according to our contract
the construction was to take eight (8) months and should be finished sometime in
September 2017. Unfortunately, the construction of our house was moving at snail’s
pace. We made text messages as well as verbal complaints to Mr. Garcia, his
engineers and his foreman on the site. We had to prod them whenever the supplies
and materials for the construction were running low.

11. In January 2018, we decided not to give Mr. Garcia any more money. Mr. Joel Garcia
then called us that he would finish the project up to 81% only.

12. On January 22, 2018, the construction was more than one (1) year two (2) months
already. We signed an Owners-Contractors Agreement prepared by Mind-
Concept/Joel Garcia and agreed to complete 81% of the project (construction of our
house) by March 15, 2018. A copy of the agreement is attached as Annex “B”.

13. By this time, our neighbor became weary and asking us when will their garage roof
be repaired by our Contractor. We told them that we remind and asked our
contractor thru text messages and his engineers. They promise us that they will fix
the garage once the project is finished.

14. From January 2018 onwards, we constantly demand and plead to our Contractor
thru text messages and call to repair the garage roof of our neighbor unfortunately,
most of the time he is not answering our call and rarely replied to our text messages.
Again, he would make excuses and promises. A copy of the said text messages is
hereto attached as Annex “C.”

15. We became wary that he didn’t want to repair the garage roof because he kept on
promising and making excuses. Thus, we went to his office in Makati at least once
every two weeks to personally demand to repair the garage roof. Sometimes I will
inform him beforehand that I will visit his office to talk about the construction of our
house and the repair of garage roof. Again, he will make excuses to avoid seeing us
in his office.

16. Sometimes we would visit his office without his knowledge to catch him.
Nevertheless, he would still make promises that he will repair the garage roof.
 17. A letter dated March 5, 2018 sent by Mr. Joel Garcia to Mrs. Florencia Cornejo
acknowledging the damage as complained about and giving assurance that Mind-
Concept will repair said damage. A copy of said letter is attached as Annex “E.”

18. On May 26, 2018 thru our constant pleads and demands to Mr. Joel Garcia made a
partial repair approximately one third length of the polycarbonate roofing was
installed together with the plastering on the firewall. Copy of the said repair is
hereto attached as Annex “D”.

19. Additionally, the contents of the proposed repair of damaged carport is inaccurate
particularly the length of the polycarbonate roof materials which is 60 meters. The
damaged area (garage roof) is about 2~2.5 meters wide and about 18 meters (cut of
lot) it would need 2 rows of 4ft x 8ft standard size polycarbonate roof therefore the
total length is only 36 meters and not 90 meters. Also, the labor cost particularly the
No. of Days (30 days) to finish is extremely inaccurate. Therefore, the total contract
price of the carport roofing according to their estimate was overpriced.

20. Evidently, due to the Contractor’s negligence this issues occurred therefore, he is
responsible for any damages done by his workers during the construction. He and
his engineers seldom visit the construction site. We hired a Contractor (Mind-
Concept) to build our first family house to avoid any inconveniences and hassles on
our part.

21. We are executing this affidavit to affirm the facts and circumstances attendant herein
and to attest to the truth of the foregoing statements.

Signed this __________________________ 2019 in ______________________________.

__________________________ _______________________________
ELMER OGENA TUMALA MARGIE OFILANDA TUMALA
Affiant Affiant

SUBSCRIBED AND SWORN to before me this __________________ 2019 in

___________________, affiants exhibiting to me their valid identification, an LTO driver’s license
bearing the number NO2-06-000965, expiring on July 21, 2021 and SSS 33-1955074-3,
respectively.

Doc. No. ________

Page No. ________
Book No. ________
Series of 2019