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REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION


METROPOLITAN TRIAL COURT
BRANCH 100, MAKATI CITY

XXX CORPORATION,

Plaintiff,

- versus - Civil Case No. _______

For: Ejectment and Damages

PEDRO PEDRITO doing business under the


name and style PPP REAL ESTATE
LESSOR and PPP MANAGEMENT
GROUP, INC.,

Defendants.

x---------------------------------------x
JUDICIAL AFFIDAVIT OF LEILA D. KALIHIM

I, Leila D. Kalihim, 30 years old, single, and living at #43 Street Parang, Marikina City, witness
for the prosecution in this case, states under oath that:

PRELIMINARY STATEMENT

The person examining me is Atty. Frank Delfino with address at Suite 405, Asian Tower II Dela
Rosa St., Makati City. The examination is being held at the same address. I am answering his
questions voluntarily, to the best of my knowledge and fully conscious that I do so under oath
and may face criminal liability for false testimony and perjury.

PURPOSE

This affidavit/testimony of witness Leila D. Kalihim is being offered to prove the existence and
terms of Board Resolution No. A-28-07-1989 and Board Resolution No. 11-2014.

Q. Please state your name and other personal circumstances for the record.
I am Leila D. Kalihim, 30 years old, single, and living at #43 Street Parang,
Marikina City

Q. What is your profession?


I am a Corporate Secretary.

Q. What Corporation?
XXX Corporation.

Q. Where is it located?
7/F Builders Centre Building, 170 Salcedo Street, Legaspi Village, Makati City
Q. Do you know Pedro Pedrito?
Yes.

Q. Who is he?
He is the defendant in this case.

Q. Is he in any way related to XXX Corporation?


Yes. He is a principal stockholder and director of XXX Corporation.

Q. Is Pedro Pedrito under a Lease Agreement with XXX Corporation in the


corporations property addressed at 7/F Builders Centre Building, 170 Salcedo Street,
Legaspi Village, Makati City.
Yes.

Q. When did it started?


In 1989 in my memory served me right.

Q. For how long was the agreement?


Initially for 17 years but after said expiration it was extended until 2012.

Q. Did the defendant payed for the rentals religiously?


Yes. He was paying right.

Q. How come it ended in 2012?


Because Board Resolutions were passed by the Corporation..

Q. What Board Resolutions?


Board Resolution No. A-28-07-1989 and Board Resolution No. 11-2014

Q. Can you discuss each Resolution?


Ofcourse. In Board Resolution No. A-28-07-1989 the Board of Directors
authorized and is empowered to take all actions necessary to dispose of the assets and
properties of the Corporation. Also it was provided in said resolution that Pedro
Pedrito was specifically assigned to continuously use the 3rd floor of 7/F Builders
Centre Building, 170 Salcedo Street, Legaspi Village, Makati City. In Board
Resolution No. 11-2014, the corporation waived the payment of all rental fees due to
him.

Q. How do you know of this Resolutions?


I am the Incumbent Corporate Secretary of XXX Corporation and I have the first
hand information regarding the matters because I am the one who prepared them.

Q. Are you saying that from 2012 onwards Pedro Pedrito has no obligation to pay
any rentals to XXX Corporation?
Yes. Because of the Board Resolutions adopted by XXX Corporation.

Affiant further sayeth naught.

________________________
LEILA D. KALIHIM
AFFIANT

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in Quezon City on


March 15, 2016. Affiant personally came and appeared with Drivers License No. D04-08-
001234 issued by the Land Transportation Office on April 10, 205, bearing his photograph and
signature and Passport No. 00123456 issued by the Department of Foreign Affairs on April 16,
2015, known to me as the same person who personally signed the foregoing instrument before
me and avowed under penalty of law to the whole truth of the contents of said instrument.

Atty. Delfin Francisco


Notary Public for Makati City
6 Jupiter St., Greenland Village, Makati City
Appointment No. 123 Until December 31, 2016
IBP No. 123456; 01/10/17Quezon City
PTR No. 123456; 01/10/17Quezon City
Roll No. 1234 5/05/08
MCLE No. I 001234; 1/09/16
MCLE No. II 005678; 1/09/16
Serial No. of Commission M-12

Doc No. 12 ;
Page No. 34;
Book No. V;
Series of 2016.

ATTESTATION

I, Atty. Frank Delfino of legal age, Filipino, with postal address at Suite 405, Asian Tower II
Dela Rosa St., Makati City after being duly sworn depose and say that:

I conducted the examination of Leila D. Kalihim for Civil Case __________ entitled
XXX Corporation vs Pedro Pedrito doing business under the name and style PPP REAL
ESTATE LESSOR and PPP MANAGEMENT GROUP, INC at my aforementioned postal
address.
I have faithfully recorded or caused to be recorded the questions I asked and the
corresponding answer that the witness gave;
I nor any other person then present or assisting her coached the witness regarding her
answers;

IN WITNESS WHEREOF, I have hereunto set my hand on this 15th day of March 2016 at
Makati City.

Atty. Frank Delfino


IBP No. 917374/1-5-16/Makati City
PTR No. 74391/1-10-16/Makati City

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in Makati City on


March 15, 2016. Affiant personally came and appeared with Drivers License NO. D04-00-
001234 issued by the Land Transportation office on April 10, 2015, bearing his photograph and
signature and Passport No. 0012346982 issued by the Department of Foreign Affairs on April 16,
2015, known to me as the same person who personally signed the foregoing instrument before
me and avowed under the penalty of law to the whole truth of the contents of said instrument.

Atty. Delfin Francisco


Notary Public for Makati City
6 Jupiter St., Greenland Village, Makati City
Appointment No. 123 Until December 31, 2016
IBP No. 123456; 01/10/17Quezon City

Doc No. 56 ;
Page No. 78;
Book No. IX;
Series of 2016.

CITY PROSECUTOR KRISTEL FRANCINE L. TIU (Public Prosecutor)


4th floor Makti City Hall of Justice Bldg., Makati City

ATTY. FRANK DELFINO (Counsel for the Respondent)


Suite 405, Asian Tower II Dela Rosa St., Makati City

PEDRO PEDRITO (Defendant)

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