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REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT OF MANILA MANILA, BRANCH 2

JUAN CRUZ, Plaintiff, Civil Case No. 07-123456 --- versus ---FOR: SUM OF MONEY AND DAMAGES JOHN REYES, Defendant.

x----------------------x JUDICIAL AFFIDAVIT JUAN CRUZ IN LIEU OF DIRECT TESTIMONY I, Juan Cruz, 27 years old, married to Carla Cruz, Filipino and residing at 8 Marwood St., Taft, Manila after having been duly sworn in accordance with law, depose and state that: 1. The purpose of the instant testimony is being offered to prove among others that the defendant is obligated to pay the plaintiff the sum of P650,000.00 with interest and to prove further herein that defendant is obligated to pay damages and attorneys fees to plaintiff; and also to prove all other material allegations in his complaint. 2. Q- Mr. witness are you the same Juan Cruz who is the plaintiff in this case? A- Yes, Sir. 3. Q- Do you know the defendant, John Reyes in this case? A- Yes, Sir. 4. Q- Why do you know him? A- Because we entered into a simple loan agreement, whereby after executing a promissory note he borrowed the amount of P 650,000.00 with legal interests.

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5. Q- Do you have evidence to prove about your transaction? A- Yes, Sir. I have with me the promissory note. 6. Q- Showing you a copy of a promissory note which for purposes of identification be marked as Exhibit A for the plaintiff. Now, what relation has this promissory note to the document you stated? A- This is the same promissory note, sir. 7. Q- It was stated in the promissory note that the amount of the loan, P 650,000.00 was payable 30 days from the date of the promissory note? A- Yes, Sir. 8. Q- After 30 days, what happened? A- Defendant refused and still continue to refuse the payment of the valid obligation of P650,000.00. 9. Q- What if any did you do? A- I wrote a letter to the defendant for him to pay the sum of P650,000.00 with interest. 10. Q- Do you have with you a copy of demand letter? A- Yes, Sir. 11. Q- Showing you a copy of the demand letter which for purposes of identification be marked as Exhibit B. Now what relation has this demand letter to the document you stated? A- This is the same demand letter Sir. 12. Q- What happened after defendant received the demand letter? A- Defendant still refused to pay his indebtedness, although he was given 15 days. 13. Q- What did you do next? A- I consulted my lawyer, and I was advised that he is preparing a complaint against the defendant.

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14. Q- How do you describe yourself after you were refused payment and ignored by the defendant.

A- I suffered social humiliation, wounded feelings, serious anxiety and I was compelled to claim the moral and exemplary damages as stated in my complaint. 15. Q- In your counterclaim, do you have an agreement with your lawyer regarding his Attorneys fees? A- Yes Sir, I agreed to pay him as acceptance fee of P 20,000.00 and P 3,000.00 per court appearance. I am executing this Judicial Affidavit in lieu of Oral Testimony and in order to attest to the truth of the foregoing facts and circumstances. In Witness Whereof, I have hereunto affixed my signature on this day of May 5,2012 in Taft, Manila.

Juan Cruz Affiant SUBSCRIBED and SWORN to before me this 5th day of May 2012, in Taft, Manila. The affiant exhibiting to me his SSS No. N26-01-004190 issued by Social Security System, on May 12, 2001 and Drivers License No. 12345678 issued on November 30, 2010 at Taft, Manila.

Atty. Don De Leon Notary Public for Manila #45 Burgos St., Taft, Manila Roll of Attorneys No. 12345 PTR No. 123456 01/10/08 IBP No. 56789123 01/28/02 MCLE Compliance No. 1-002746 1/3/2012

Doc. No. 1 Page No. 2 Book No. 3 Series of 2011

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Copy furnished: Karlo Reyes Counsel for Defendant 25th Floor PS Bldg.Taft, Manila

EXPLANATION: Copy of the foregoing Judicial Affidavit is being served by registered mail to the defendants address due to distance and lack of personnel.

IRA SANTOS

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