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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


___ Judicial Region
Branch No. ____

MARIA M. SIPAG
Plaintiff,
Civil Case No. 1342460
For: Unlawful Detainer
- Versus -

JUAN T. MAD
Respondent.

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

JUDICIAL AFFIDAVIT OF
MARIA M. SIPAG

A. THE WITNESS

Name : MARIA M. SIPAG


Age : 45 years old
Address : 215 Unit 3, Block 8, Sikat Subdivision, Sampaloc, Manila
Philippines
Occupation : Businesswoman

B. EXAMINING LAWYER

Name : Atty. FRANCES O. MOSCARE


Office Address : 143 Mapagmahal St., Unit 214, ABC Building, Pandacan, Manila,
Philippines

This testimony of the witness-affiant MARIA M. SIPAG was taken at the office of Atty.
Frances O. Moscare at 143 Mapagmahal St., Unit 214, ABC Building, Pandacan, Manila,
Philippines.

C. OFFER OF EVIDENCE

This affidavit is being offered to prove:

1. the existence of lessor-lessee relationship between the complainant and the defendant;

2. the existence, due execution and authenticity of the contract of lease executed by and
between the complainant and the defendant;
3. the failure on the part of the lessee to comply with his obligation under the said lease
contract, particularly the payment of rentals for the months of February, March and April
2016;

4. the demand to pay AND vacate made by the lessor upon the lessee; and

5. the lessees failure to comply with such demand.

D. EXAMINATION/TESTIMONY

The questions were propounded by Atty. Frances O. Moscare. The witness-affiant was
fully aware and conscious that he was under oath when his testimony was taken and that he
may face criminal liability for perjury or false testimony. The questions are numbered
consecutively.

1. Q: Do you understand and speak the English language?


A: Yes, I do understand and speak the English language.

2. Q: Kindly state your name, age and the place where you reside.
A: Im MARIA M. SIPAG, 45 years old. I live at 215 Unit 3, Block 8, Sikat
Subdivision, Sampaloc, Manila, Philippines.

3. Q: What do you do for living maam?


A: Im a businesswoman. I own several apartment units in Sampaloc, Manila.

4. Q: Why are you here now?


A: To give a sworn statement concerning the above-mentioned civil case for unlawful
detainer.

5. Q: Do you swear to tell the truth and nothing but the truth?
A: Yes. I do.

6. Q: Are you aware that you may face criminal liability for perjury if you give false
testimony?
A: Yes. I am.

7. Q: Maam, you said that you are Maria M. Sipag. I noticed that the complainants name
in the above-mentioned civil case is also Maria M. Sipag. Is there any relation
between you and the complainant?

A: I am the complainant in the above-mentioned civil case. The Maria M. Sipag named
as complainant in the above-metioned civil case is me.

8. Q: Do you mean, you filed the above-mentioned civil case for unlawful detainer?
A: Yes. I am the one who filed the above-mentioned civil case.

9. Q: How about the person named as defendant, do you know him?


A: Yes, Sir. I know him.

10. Q: Why do you say that you know the defendant?


A: He is the lessee of one of my apartment units located in Sampaloc, Manila.

11. Q: How can you say that he is the lessee of one of your apartment units in Sampaloc,
Manila?
A: He has been leasing one of my apartment units since November 2015.
12. Q: You said, he is leasing one of you apartment units. Do you have any document to
prove this?
A: Yes. I have a contract of lease?

13. Q: What contract of lease?


A: It is a contract of lease for the lease of Unit No. 8 apartment to the defendant signed
by me and the defendant.

14. Q: So, you and the defendant executed a contract of lease?


A: Yes.

15. Q: Where is this contract of lease now?


A: I have it with me.

16. Q: Can you please hand it to me.


A: Yes, Sir.

Let it be put on record that the witness handed a document consisting of five (5) pages
entitled CONTRACT OF LEASE (APPENDIX A).

17. Q: Did you have this contract of lease notarized before a notary public?
A: Yes, Sir. We executed the contract before a notary public, Atty. Restituto R. Uso.

18. Q: In the acknowledgment part of this contract of lease there is a signature affixed
above the name MARIA M. SIPAG, whose signature is this?
A: Mine, Sir.

19. Q: Opposite to the name MARIA M. SIPAG is the name JUAN T. MAD, do you
know who is this person?
A: Yes, Sir. He is the defendant in the above-mentioned civil case.

20. Q: There is a signature above the name JUAN T. MAD, do you know who affixed this
signature?
A: Yes, Sir. The defendant in the above-mentioned case sir.

21. Q: Why do you say that it was the defendant who affixed the signature above the name
JUAN T. MAD?
A: I saw him sign the document sir.

22. Q: You saw him sign the document exactly above the name JUAN T. MAD?
A: Yes, Sir.

23. Q: Why did you institute the above-mentioned civil case?


A: To be able to collect from the defendant unpaid rentals and to ask him to vacate
apartment unit no. 8.

24. Q: Why are you asking him to vacate?


A: Because he has not paid his rentals covering the past three months, that is, February,
March and April 2016.

25. Q: What did you do when the defendant did not pay his rentals for these months?
A: I sent him a demand letter.

26. Q: Do you have a copy of that demand letter?


A: Yes, Sir.
27. Q: Can you show me that demand letter?
A: Here it is, Sir.

Let it be put on record that the witness has handed a piece of paper (APPENDIX B)
appearing to be addressed to one JUAN T. MAD and is dated May 15, 2016.

28. Q: Madame witness, who wrote this letter?


A: I wrote it, Sir.

29. Q: In the lower part of this letter there is a signature affixed above the name MARIA
M. SIPAG, do you know whose signature is this?
A: Its mine, Sir.

30. Q: Can you please read the second paragraph of the letter?
A: Yes. Please pay the unpaid rentals or arrears and vacate the premises.

31. Q: What happened after you sent the defendant a demand letter?
A: None. He still hasnt paid the rentals for the months of February, March and April
2016.

32. Q: Do you swear that the answers you have given were true to the best of you
knowledge?
A: Yes.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 20th of May 2016,
in the City of Manila, Philippines.

(SGD.) MARIA M. SIPAG


Witness-affiant

SUBSCRIBED AND SWORN TO before me, this 20th day of May 2016 at Manila,
Philippines.

(SGD.) Atty. REENO E. FEBRERO


Notary Public for Quezon City
Roll No. 234567;
PTR No. 87466322; Feb. 11, 2016
IBP No. 876974; Feb. 10, 2016
MCLE Compliance No. V-0009754;
February. 9, 2016

Doc No. _______;


Page No. ______;
Book No. ______;
Series of 2016.
ATTESTATION

I hereby state, under oath, that I have faithfully recorded the questions I asked and the
corresponding answers the witness gave and that neither I nor any other person present or
assisting me has coached the witness regarding the latters statements.

(SGD.) Atty. FRANCES O. MOSCARE


Roll No. 122199;
PTR No. 1233444; Jan. 11, 2016
IBP No. 897654; Jan. 10, 2016
MCLE Compliance No. IV-0009875;
January 20, 2016

SUBSCRIBED AND SWORN TO before me, this 20th day of May 2016 at Manila,
Philippines.

(SGD.) Atty. REENO E. FEBRERO


Notary Public for Quezon City
Roll No. 234567;
PTR No. 87466322; Feb. 11, 2016
IBP No. 876974; Feb. 10, 2016
MCLE Compliance No. V-0009754;
February. 9, 2016

Doc. No. ________;


Page No. ________;
Book No. ________;
Series of 2016.