Republic of the Philippines

METROPOLITAN TRIAL COURT

National Capital Judicial Region
City of Manila
Branch __
ALVIN MANDO,
Petitioner,
- versus -

CRIMINAL CASE NO. CV-10-2907

FOR: Theft

GARDO SALVADOR,
Respondent.
x- - - - -- - - - - - - - - - - - - - - - - - - x
JUDICIAL AFFIDAVIT
(Pursuant to SC A.M. No. 12-8-8-SC)
I, ALVIN MANDO, of legal age, single, , Filipino, and with residence

address at 546 Manolo St., Malate Manila after having been

duly sworn to in accordance with law in answer to the questions
asked of me by Atty. Celestine Marcial in her office at 18
Mindanao Ave., Quezon City, on July 30, 2014 at 10:00 A.M.
fully conscious that I do so under oath and that I may face
criminal liability for false testimony or perjury hereby depose
and state:

Q:
How are you related to ALVIN MANDO, the petitioner in Criminal Case
No. 10-2907 before the Metropolitan Trial Court of Manila for Theft against Gardo
Salvador?
A. I am the same maam.
Q: Do you know defendant AB Corporation?
A. Yes maam, AB Corporation is the lessee occupying subject property we own
described under TCT No. 123456789 of the Registry of deeds of Quezon City. A
Certified true copy of TCT No. 123456789 of the Registry of Deeds of Quezon
City under our name which is as our Exhibit -A.

Q-4: Do you know defendant Pedro Veloso?

A. Yes maam, Pedro Veloso subleased the same property being leased by AB
Corporation with our consent.

Q-5: Could you tell the court how did the defendant AB Corporation was able to
occupy your subject property in this case?
A. The defendant in this case have possessed my property after having been executed
a Contract of Lease for a period of three (3) years which is as our Exhibit -B.

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JUDICIAL AFFIDAVIT
FERNANDO KUMANDO
CIVIL CASE NO. CV-14-9999
x-----------------------------------x
Q-6: Could you tell the court how did the defendant Pedro Veloso was able to
occupy your subject property in this case in litigation?
A. Defendant Veloso in this case have possessed my property as a sub-lessee.
Q-7: In relation to the defendants failure to voluntarily vacate the occupied
property upon expiration of the agreed lease period, what did you do, if any?
A. I have posted a Demand to Vacate on June 15, 2014, in conspicuous places within
the leased premises so that defendants and all occupants therein will be given
notice to vacate said premises.
Q-8: What is your proof that you posted a notice to vacate on June 15, 2014 upon
the defendants?
A. I have here a copy of the Notice to vacate dated June 15, 2014. It is our Exhibit C.

Q-9: What was the reaction of the defendant in this case with the demand notice
you have posted?
A: None, sir. They simply ignored and refused to peacefully vacate and surrender
possession of my property and continued their possession and refusal to vacate my property.

Q-10: After the refusal of the defendants in this case to vacate subject property of
yours despite demand, what step did you take, if any?
A: We filed this action against the defendant in this case for Unlawful Detainer with
damages before the Metropolitan Trial Court Manila.

Q-11: In your complaint you are asking for rental for the use and occupation of the
defendants in this case, how much is your claim for said rentals?
A. The agreed rental per month for the use and occupation of my property starting from July
2014 and for all the succeeding months thereafter, until the possession of the subject
property is turned over to us.
Q-12: When the defendants in this case refused to vacate your titled lots which they
are occupying, what did you feel, if any?
A. With the unjustified acts of the defendants in refusing to vacate the subject property
despite repeated demands upon them, we suffered with mental anguish, serious
anxieties, wounded feelings, sleepless nights and besmirched reputation.
Q-13: For practical reasons, how much do you ask the court as reasonable
compensation of your moral damages?
A. Three hundred thousand pesos (P300,000.00).
Q-14: In your Complaint you are claiming for exemplary damages, could you
please tell this court the basis of your prayed exemplary damages?

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JUDICIAL AFFIDAVIT
FERNANDO KUMANDO
CIVIL CASE NO. CV-14-9999
x-----------------------------------x
A. The attitude of the defendants in this case in not honoring the contract we have
agreed upon, and they even failed to vacate the premises upon notice make them to
be liable for exemplary damages in order that others similarly situated will not do
same which is detrimental to lot owners who are benevolent in helping people such
as the defendants in this case who has certain lot to live in.

Q-15: For practical reasons, how much do you ask the court as reasonable
compensation of your exemplary damages?
A. Two Hundred Fifty thousand pesos (P250, 000.00).

Q-16: In the prosecution of your case against the defendants, what is your
arrangement with your lawyer with his attorneys fees and other charges?
A. I agreed to pay my lawyer attorneys fees fifty thousand (Php 50,000.00) pesos for
acceptance fee, Three Thousand Five Hundred (P3,500.00) Pesos appearance fee per
court attendance of counsel, plus the equivalent of Twenty Five (25%) Percent of
their entire claim in this action as attorneys fees.
Q-17 : Finally, do you know why you are executing foregoing sworn statement in
this case?
A. Yes, maam. I am executing this sworn statement to be adapted as my direct
examination in this case to prove my causes of action for unlawful detainer with
damages against the defendants in the above entitled case, and this Judicial Affidavit
be marked as our Exhibit E.
IN WITNESS WHEREOF, I hereby affix my signature this 30 th day of July 2014, in
the Quezon City.

FERNANDO KUMANDO
Affiant

ATTESTATION
I hereby attest that on this 30th day of July 2014, I have personally examined the
plaintiff FERNANDO KUMANDO; and that I have faithfully recorded or caused to be
recorded the questions asked and the corresponding answers thereto made by him. I further
attest that I nor any other person herein present, or assisting me, never coached FERNANDO
KUMANDO regarding his answers.
Quezon City for the City of Manila. July 30, 2014.

JULIE LOPEZ

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JUDICIAL AFFIDAVIT
FERNANDO KUMANDO
CIVIL CASE NO. CV-14-9999
x-----------------------------------x
Lawyer- affiant
Counsel for Plaintiffs
18 Mindanao Ave., Quezon City
Contact No. 716-50-59/0932-9131309
ROLL No. 88888888
P.T.R. NO. A-49913673-1/1-6-2014 Q.C

SUBSCRIBED AND SWORN to before me this __ day of July 2014 in Quezon City.
Affiants exhibited to me their identification cards bearing their photograph and signature, as
follows:
Name:
Issued by/ID No.:
FERNANDO KUMANDO
OSCA No 1909
JULIE LOPEZ
IBP No. 88888888
known to me to be the same persons who executed the foregoing document.
WITNESS MY HAND AND SEAL on the date and at the place first above-written.
Doc. No. _____;
Page No. _____;
Book No._____;
SERIES of 2014.

Notary Public

Copy Furnished:

ATTY. LILY A. CUYUGAN

Counsel for Defendant AB Corporation
CUYUGAN AND ASSOCIATES LAW OFFICE
256 Matalino St., Diliman, Quezon City
Contact No.0925-632-27-77

Personal Service

ATTY. PAMELA LACE

Counsel for Defendant Veloso
Lace&Associates Law Offices
Contact No. 0905-8238197

Personal Service

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