City of Davao)S.s. x------------------------------x
AFFIDAVIT
We, MARIA DIVINA GRACIA R. DARGANTES, MA. THERESA Y
PALATULAN, JENNIFER O GUMANIT and JOCELYN A BENITUASAN, all of legal age, Public School Teachers with office address at San Juan Elementary School, Brgy. Centro Agdao, Davao City, Philippines,, under oath, hereby depose and say, that:
1. We are the same and identical persons that caused
the execution of this instrument;
2. On January 7, 2016, we, together with our co-teacher
ANA LIZA BOSTON ONG and her Husband MARLON LUCENA ONG, appeared before Cantilan Bank located at Door 2 G/F Carison Plaza, Corner N. Torres Lapu-lapu Street, Agdao, Davao City to individually apply cash loan therein for our personal use;
3. While therein, we separately and individually applied
for loan at the said bank filling out and signing our OWN personal loan;
4. In the loan of ANA LIZA ONG, however, we are asked,
together with her husband, to sign as co-maker and when we hesitated we are told by the bank that it is only for formality that there must be a o-maker named in the promissory considering that it is required in their bank policies and so that the loan shall be approved;
5. Upon release of the said loan to ANA LIZA ONG, we
never received any amount out of the proceeds of such loan and it was only her and her family that benefited therein and that although we are made to sign in the promissory note it was the REAL and ACTUAL BORROWER ANA LIZA ONG who only sign with the LOAN AGREEMENT with the Cantilan Bank showing that it was ANA LIZA ONG who solely contracted the loan and has benefited from it (Attached is a copy of the LOAN AGREEMENT);
6. The AFFIDAVIT OF TWO WITNESSES executed by no less
than the employees of Cantilan Bank Ms. FLORIE FE S. VARQUEZ and Mr. RONALD S. DELGADO, they expressly stated that it was ANA LIZA ONG who is there borrower and is the one who is not paying her loan (Attached is a copy of the AFFIDAVIT OF TWO WITNESSES);
7. That we are surprised to received a demand letter from
Cantilan Bank considering that we are paying our own personal loan religiously until we found out that we are impleaded by the said bank in its complaint for Collection of Sum of Money and we are more surprised to discover that the HUSBAND MARLON LUCENA ONG who also has benefited with the proceeds of the loan together with ANA LIZA ONG and actually has a Business Establishment located at his residence at Mountain View Village, Cabantian, Davao City was INTENTIONALLY OMITTED in the complaint;
8. That although ANA LIZA ONG has resigned from San
Juan Elementary School, she however has reapplied and is currently hired as PUBLIC SCHOOL TEACHER of TINGUB ELEMENTARY SCHOOL located at Brgy. Tingub, Mandaue City, Cebu and is currently residing at Brgy. Opao, Mandaue City, Cebu, such facts are personally discovered and witnessed by our co-teachers when they visited ANA LIZA ONG earlier this year;
9. That given the following circumstances, it is but
wrongful, unfair and unjust to demand the payment of unpaid loan of ANA LIZA ONG from us despite being made to sign therein for formality sake and notwithstanding the fact that the persons who are actually contracted and benefited from the loan ANA LIZA ONG and her husband MARLON ONG are very much capable of paying such loan being still currently working as public school teacher and even has a stable business;
10. In this view, we humbly pray that the Court will
DISMISS the case against us as we did not actually contracted and has not benefited on the subject unpaid loan and further ORDER that ANA LIZA ONG and her husband, as the real beneficiaries of loan be made to pay Cantilan for the amount of the claim loan with interest;
We hereby execute this affidavit to attest to the truth of
the foregoing facts and in support to our Verified Response on the Small Claims Case before Branch 3, MTCC, 11th Judicial Region, Davao City.
IN WITNESS WHEREOF, We hereunto set our hand this
______ day of ________________ 2019 in Davao City, Philippines
MARIA DIVINA GRACIA R. DARGANTES JENNIFER O GUMANIT
Affiant Affiant
MA. THERESA Y PALATULAN JOCELYN A BENITUASAN
Affiant Affiant
SUBSCRIBED AND SWORN TO before me this _____ day of
__________________ 2019 at Davao City, Philippines.