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Republic of the Philippines

REGIONAL TRIAL COURT
7th Judicial Region
Branch 69
Cebu City

ABAYON FROZEN GOODS,

Plaintiff, CIVIL CASE NO. 69
-versus- For: Petition for Declaration of
Checks and Damages
Rabindrath Polito, doing business in
the name and style of Polito
Corporation.
Respondent.
x---------------------------------------------x

JUDICIAL AFFIDAVIT

I, Jess Amador Abayon, of legal age, married, Filipino and with

residence address at Bacayan, Talamban, Cebu City, state under oath as
follows:

Preliminary Statement

The person interrogating me is Atty. Ralph E. Jurado with office

address at Jurado-Balisado Law Firm, IT Park, Cebu City. The interrogation
is being held at the said office. His questions are propounded in English, a
language I understand. I am answering his questions fully conscious that I do
so under oath and may face criminal liability for any false testimony and/or
perjury.

Questions and Answers

Q1: Mister Witness, please state your name, age, civil status and other
personal circumstances;
A1: I am Jess Amador N. Abayon, of legal age, married, and a resident of
Talamban, Cebu City;

Q2: Are you in any way connected to Abayon Frozen Goods?

A2: Yes, I am an officer of the said company;

Q3: Can you tell us what your position is?

A3: Yes, I am the General Manager;
Q4: Can you tell us your duties and functions as General Manager of
Abayon Frozen Goods?
A4: As Manager, I am in charge of the overall operations of the Company
such as engaging in contracts with other companies, oversee the
engagements with those companies,

Q5: Are you familiar with Polito Corporation?

A5: Yes, we have been working with the said corporation for the past years

Q6: Can you recall having entered with a contract with the said company?
A6: Yes, we had entered into a franchise agreement

Q7; I have here a document containing a contract dated December 31, 2011,
is this the contract you are referring to?
A7: [after reviewing the document] Yes, this is the exact contract we executed.

[Lawyer’s Manifestation: We respectfully request that the letter Franchisee

Agreement//Contract identified by the Petitioner be marked as our
EXHIBIT “A”. A copy of said contract is respectfully submitted and appended
herewith as integral part of this Judicial Affidavit.]

Q8: What happened next, if any?

A8: We started commencing with the operations as agreed in the said
contract, fulfilled our obligation in the delivering goods.

Q9: What are the modes of payment agreed?

A9: It was stated in the contract that under Article 4 with regards to the
fees and other payments the mode payment for the goods and products
are Cash-on-Delivery. With regards to the royalties there was no
stipulation an exact mode of payment. Due to the delinquent payments,
Polito Corp as represented by Mr. Rabindrath Polito, promised to
secure a credit line

Q10: What happened to the said credit line?

A10: They promised to secure a credit line but it failed to materialize.

Q11: Do you know the reason why it failed to materialize?

A11: They only applied for the credit line but they did not pursue with the
application as they promised.

Q12: I have here a letter by the RCBC Bank dated in 2013, is this letter you
are referring to Mr. Witness?
A12: [after reviewing the document] Yes, it is.
[Lawyer’s Manifestation: We respectfully request that the Bank letter
identified by the Petitioner be marked as our EXHIBIT “D”. A copy of said
letter is respectfully submitted and appended herewith as integral part of this
Judicial Affidavit.]

Q13: Since you mentioned the said delinquencies what did the company do to
make up for the delinquency?
A13: We initiated a loan agreement with a bank in order to catch up financially
with their orders so as not to breach our part of the agreement.

Q13: I have here a document entitled a loan agreement is this the one you are
referring to?
A13: [after reviewing the document] Yes, it is.

[Lawyer’s Manifestation: We respectfully request that the Loan Agreement

identified by the Petitioner be marked as our EXHIBIT “E”. A copy of said
agreement is respectfully submitted and appended herewith as integral part
of this Judicial Affidavit.]

Q14: Going back to the said contract do you notice the signatures located at
the bottom part below the said signature are written names. Do you recognize
such individual and signature?
Q14: [after reviewing the document] Yes, they are my signature and the
signature of the representative of their franchisee, Polito Corporation.

IN WITNESS WHEREOF, I have hereunto set my hand this 27th day of

February 2017 at Cebu City, Cebu, Philippines.

______________
Affiant

SUBSCRIBED AND SWORN TO before me this 27th day of February

2017 at Cebu City, Philippines. Affiant is personally known to the notary
public.
Doc. No. 19;
Page No. 10;
Book No. 2;
Series of 2017.

ATTESTATION

I, Atty. Jan Michael C. Balisado, with office address at IT

Park, Cebu City, attest under oath as follows:

1. I personally conducted the interrogation of Mr. Jess A. Abayon;

2. I faithfully recorded the questions I asked of Mr. Jess A. Abayon and
the corresponding answers he gave thereto; and
3. Neither I nor any other persons then present directed Mr. Jess A.
Abayon in giving his answers.

______________
Affiant

SUBSCRIBED AND SWORN TO before me this 27th day of February

2017 at Cebu City, Philippines. Affiant is personally known to the notary
public.

Doc. No. 19;

Page No. 10;
Book No. 2;
Series of 2017.

Copy Furnished