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Republic of the Philippines }

City of Malaybalay } S.S.

JUDICIAL AFFIDAVIT
of
GILBERT L. DELOS REYES

PRELIMINARY STATEMENT

I, GILBERT L. DELOS REYES, of legal age, married, Filipino, and


a resident of Poblacion, Kitaotao, Bukidnon, after having been duly sworn to
an oath in accordance with law, execute this Judicial Affidavit, conducted by
ATTY. DENCE CRIS L. RONDON at Lagamon and Associates Law Office
located at 2/F Jamstar Building, Cor. Carillo-San Isidro Streets, Poblacion,
Malaybalay City, Bukidnon, in a question and answer form which shall
constitute as my direct testimony, and fully aware that I am answering the
questions under oath and under pain of criminal liability in case of any false
or perjured testimony, to wit:
QUESTION AND ANSWER
Legend: Q – Question A – Answer
1. Q : Will you please state your name, age and personal circumstances?

A : I am GILBERT L. DE LOS REYES, of legal age, Filipino, married and


a resident of Poblacion, Kitaotao, Bukidnon, Philippines.

2. Q : What is your highest educational attainment?

A : Bachelor of Science in Commerce Major in Accounting.

3. Q : Would you rather that I ask the questions in the English language
or in the vernacular or Visayan dialect?

A : It’s okay to ask in English as I can understand the same.

4. Q : Why are you here in my office?

A : I would like to file a small claims complaint in behalf of the


Bukidnon Planters Agricultural Development and Research
Cooperative, otherwise known as BPARDC.

5. Q : Do you have any authority from the BPARC to file this instant
complaint for small claims?

A: Yes, I have here with me a copy of the Board


Resolution/Secretary’s Certificate executed by Betsy Pearl C.
Gibe, the Secretary of the Board of BPADRC authorizing me to
file this small claims case;
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6. Q: I will attach this Secretary’s Certificate/Board Resolution that
you have brought with you as Annex “A” and will form an
integral part of this judicial affidavit, will you agree with me?

A : Yes.

7. Q : Are you connected with BPADRC?

A : Yes, I am one of its employees.

8. Q : What is your position in the said Cooperative?

A : Loan/Liaison Officer thereof.

9. Q : As a Loan/Liaison Officer, what are some of your duties and


responsibilities?

A : I handle the accounts of all the members of the Cooperative;


review, approve and/or disapprove their loan applications; receive
the field survey reports of our non-moving accounts from our
Collector/s; regarding the collection status of all the accounts of
the said members, among others.

10. Q : What are these non-moving accounts?

A : These are accounts of our members which have not made any
payment for one (1) year.

11. Q : You said that you receive field survey reports from your Collector,
what do you do with those field survey reports, if any?

A : Based on those survey field reports that were endorsed to me by


our Collector, I make the corresponding report and endorsed my
report to our General Manager.

12. Q : What happens next, if any?

A : As far as I know, the lawyer of the Cooperative makes the Demand


Letter to be sent to the members who had non-moving accounts
or who have not made any payments for one (1) year to the
Cooperative.

13. Q: Do you know a certain Jerry Baricuatro?

A: Yes, I know him.

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14. Q: Why do you know him?

A: He has a non-moving account with the Cooperative.

15. Q: How do you know that Jerry Baricuatro has a non-moving account?

A: I know this because as Loan/Liason Officer I have personal


knowledge as to the members of the Cooperative who applies for
loans since I am one of those who approves for the said loans and
I said non-moving accounts are forwarded to me for appropriate
action.

16. Q: How much does Jerry Baricuatro owe the Cooperative?

A: As of December 31, 2017, the outstanding principal obligation of


Jerry Baricuatro is P144,775.65 exclusive of interest;

17. Q: Do you have any proof of this obligation?

A: Yes, I have with me the loan application, promissory note and trust
receipt duly signed by Alfred Kotico, Purchase order, Accounts
Receivable, and Planters Accounts Balances Ledger, all in the name
of Alfred Kotico;

18. Q: I will attach the loan application, and promissory note and
trust receipt, Accounts Receivable, Planters Accunts
Balances Ledger as Annex “B”, “C”, “D”, “E” and “F”
respectively, which shall form an integral part of this judicial
affidavit, will you affirm my action?

A: Yes.

19. Q: Would you be able to describe the documents you


mentioned?

A : Yes. As to the loan application, it is the initial document that the


planter executes with his or her personal details and the type of
loan. It is also indicated in the loan application the paid-up
capital of the planter and the indication whether or not the
planter has any other loan obligations within or outside the
BPARDC;

20. Q : How about the promissory note and trust receipt?

A : It is also a document executed by the planter wherein he or she


obligates himself to pay his obligation with interest within a
certain amount of time. This document also includes a penalty
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and damages in case the note is not paid when it is due, to pay
lawyer’s fees, to deduct to the amount in the promissory note
any payments made by the planter, and that the portion of the
production to belong with the BPADRC consistent with the Trust
Receipt Law. Lastly, it indicates that any violation of the PNTR,
the whole amount of the note shall become due and
demandable and the management of the farm shall be taken
over by BPADRC;

21. Q : How about the Accounts Receivable?

A : It is a document that indicates the total amount which is already


due and demandable from the planter;

22. Q : How about the Planters Accounts Balances Ledger?

A : It is the same with the Accounts Receivable the difference lies the
ledger is a more detailed account of the balances of the planter;

23. Q : How about the purchase order?

A : It is also a document indicating the quantity, unit, particulars, unit


price, and value of the items that a planter purchases on loan
from BPADRC;

24. Q : How come you know about these documents that you have
mentioned?

A : Because I am an employee of BPADRC and as such I know almost


all of the documents of the cooperative;

25. Q: Have you caused the referral of this matter to Katarungang


Pambarangay for possible mediation?

A: No, because the Cooperative is exempted from doing so.

26. Did you execute this Judicial Affidavit on your own free will?

A : Yes, I executed this Judicial Affidavit on my own free will without


any form of force, violence or intimidation to attest to all the truth
of the foregoing facts.

27. Q : Have you read and understood the contents of this Affidavit?

A : Yes, I have read and have fully understood the contents of this
Judicial Affidavit.

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28. Q : Do you have anything more to add to your testimony?

A : None as of the moment.

No further questions.

Affiant further sayeth naught.

IN WITNESS WHEREOF, I have hereunto set my hand this


_________________ at Malaybalay City, Bukidnon, Philippines.

GILBERT L. DELOS REYES


Affiant
Professional Driver’s License No. L02-96-116168

SUBSCRIBED AND SWORN to before me at the date and place above


stated, Affiant exhibiting to me competent proof of his identities as indicated
below his name.

Doc. No.: _____;


Page No.: _____;
Book No.: _____;
Series of 2018.

ATTESTATION

I hereby attest that I personally conducted the examination of the


witness and that I faithfully recorded the questions I asked and the
corresponding answers that the witness gave and that no one assisted nor
coached the said witness regarding his answers.

DENCE CRIS L. RONDON

SUBSCRIBED AND SWORN to before me at the date and place above


stated, Affiant exhibiting to me competent proof of his identity as indicated
below her name.

Doc. No.: _____;


Page No.: _____;
Book No.: _____;
Series of 2018.