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Republic of the Philippines)

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.

Doc. No. ____;


Page No.____;
Book No. ____;
Series of 2019.

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