REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT SIXTH JUDICIAL REGION BACOLOD CITY -o0oJUDICIAL AFFIDAVIT I ANGEL LOPEZ,

40 years old, Filipino, single, a resident of Eroreco Brgy. Mandalagan, Bacolod City, Philippines, after having sworn to in accordance with law, hereby depose and state that: PRELIMINARY STATEMENT This Judicial Affidavit was conducted by Atty. Zenith Magandan at Brgy. Villamonte, City of Bacolod, Philippines, and I hereby certify that I have answered the following questions fully conscious of all my mental faculties and that I understand that I may face criminal liability for false testimony or perjury for any untruthful statements contained in this affidavit; AFFIDAVIT PROPER Q1: Mr Lopez, do you know the complainant in this case? Answer: Yes. He is Richard Chan, a friend of mine. Q2: How about the defendant? Answer: Yes. He is Jack Pasaway, I own a lot adjacent to his in Eroreco. Q3: Is this the Lot that you are referring to? (Exhibit 1-4) Answer: Yes, that's the one TCT no. 2012005141. Q4: Do you recall what happened on January 5, 2006? Answer: Mr. Jack Pasaway and I entered into a lease contract. Q5: Is this the lease contract you are referring to? ( Exhibit Nos. 14-23) Answer: Yes. Q6: What was the reason why you entered into such lease with the defendant?

Answer: Well you see, I am a very busy man and since I don't have the time to look after my property I asked Mr. Jack Pasaway to look after it since it was next to his house in Eroreco and luckily Jack agreed but he asked if he could lease a portion of it. Q7: Did you agree to such terms? Answer: Yes. Q8: Is this the area you are referring to? ( Exhibit 17) Answer: Yes that is correct. Q9: Can you recall what was the conditions in the contract of lease? Answer: If my memory is correct, the lease would be for FIFTY YEARS and it would be for ONE PESO per year starting from January 5, 2006 and the rentals would be paid in full. Q10: Can you read the terms and conditions written in Exhibits 19,20,21 are they the ones you are referring to? Answer: Yes. Q11: Is this your signature? (Exhibit 22) Answer: Yes. That is mine. Q12: You mentioned that the lease was for ONE PESO per year is that correct for 50 years starting January 5, 2006 is that correct? Answer: Yes. Since I have very little use for such property and since Jack would look after my property I think that amount would be proper because it would be only be 2x3 square meters or a total of 6 square meters more or less. Q13: Is this what you are referring to? (Exhibit 17) Answer: Yes. Q14: You mentioned that the rentals would be paid in full upon the signing of the contract of lease, is that correct? Answer. Yes, Jack even paid in full during the same day and I issued a receipt for such payment. Q15: Is this the receipt that you issued and this is your corresponding signature? (Exhibit Nos. 25, 26, 27) Answer: Yes that is correct.

Q16: After you executed the Contract of Lease what happened next? Answer: A few days later sometime January 9, 2006, I accompanied Jack to the Registry of Deeds of Bacolod City to have Lease Contract registered. Q17: Was the Lease Contract registered? Answer: Yes. Q18: Are you referring to this annotation in TCT No. 2012005141? (Exhibit Nos 5-13) Answer: Yes. Q19: You mentioned that you know the complainant in this case, is that correct? Answer: Yes, he is my friend Richard Chan. He offered to buy my lot in Eroreco. Q20: Are you referring to TCT No. 2012005141? (Exhibit No.2) Answer: Yes. Q21: What happened after he offered to buy the same? Answer: I agreed to sell the lot in Eroreco on a condition that he must respect the lease contract that I entered into with Jack. He (Richard) even asked if he could see the TCT of my property. Q22: Is this the TCT that you are referring to? (Exhibit 1-13) Answer: Yes that is the one.

IN WITNESS WHEREOF, I have hereunto affixed my signature this _____ in the City of Bacolod, Philippines.

ANGEL LOPEZ Witness for the defendant

SUBSCRIBED AND SWORN to before me this ______, in the City of Bacolod, Philippines by the Accused who is personally known to me. I further attest to the fact that I have faithfully recorded or caused to be recorded the questions I asked and the corresponding answers the witness gave and neither I nor any other person then present or assisting him coached the witness regarding his answers.