1

REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT
TH
6 Judicial Region Negros Occidental
BRANCH I
Bacolod City
JUANA
Plaintiff,

versus

CIVIL CASE NO. ____________

For: Unlawful Detainer

MARIO
Defendant.
xx
JUDICIAL AFFIDAVIT
OF
JUANA
I, Juana, of legal age, married, living at Apartment Building Unit- 24A
at Lacson Street, Bacolod City, and petitioner in this case, executed under
oath this judicial affidavit.
PRELIMINARY STATEMENT
The person examining me is Atty. Hannah Lea N. Taoso with address
at San Esteban Village Phase II, Bago City, Negros Occidental. The
examination is being held at her office at Luzuriaga Street, Bacolod City. I
am answering her questions fully conscious that I do so under oath and may
face criminal liability for false testimony and perjury.
This Judicial Affidavit of petitioner Juana is being offered to prove the
following:
(a.) That plaintiff is the absolute owner of the apartment unit now leased
and occupied by the defendant;
(b.) That defendant leases and occupies the said building;
(c.) That defendant has not paid rent for seven (7) months despite repeated
demands from the plaintiff; and

(d) That the defendant incurred arrears amounting to P 30,000; and

(e) That the plaintiff has referred this matter with the Lupon Pamayapa of
Barangay Mandalagan, Bacolod City but no agreement has been reached
between the parties.
1. Q.Do you swear to tell the truth and nothing but the truth?
A. I do.
2. Q. Are you aware that you may face criminal liability for false
testimony or perjury if you will not tell the truth?
A. I am.
3. Q. Please state your name, age, address and occupation?
A. I am Juana, of legal age, married, residing at Apartment Unit25A, Lacson Street, Bacolod City, and I own apartment units at
Lacson Street, Bacolod City.
4.

Q. Are you the same Juana, the Petitioner in this case?

A. Yes.

5. Q. How are you acquainted with the Defendant in this case?

A. He is my lessee and occupant of Apartment Unit 25-C located at
Lacson Street, Bacolod City.
6.

Q. Do you have a lease contract agreement?

A. Yes.

7. Q. I am showing to you Lease Contract executed on April 10, 2012

stating you as the lessor and the defendant as lessee, is this the Lease
Contract between you and the defendant?
A. Yes.
8.

Q. What is the subject matter of lease contract?

A. My Apartment Unit- 25C located at Lacson Street, Bacolod City.

9. For purposes of identification I will mark this Lease Contract as Exhibit

A.
10. Q. Who is the owner of Apartment Unit 25-C located at Lacson Street,
Bacolod City?
A. I am.
12. Q. Do you have the title in your name of such property where
Apartment Unit 25-C is situated?
A. Yes.
12. Q. I am showing to you Transfer Certificate of Title No. 50903, what is
the relation of this title to the property to where Apartment Unit 25-C is
located?
A. It is the property where the said apartment is located.
13. Q. For purposes of identification I will mark this Transfer Certificate
of Title T- 50903 as Exhibit B.
14. Q. How much is the rent that the defendant has promised to pay for the
unit per month?
A. P 4, 300.
15. Q. Was he able to pay his monthly rental?
A. He was able to pay for the first month, but he failed to pay for the
next succeeding months.
16. Q. How many months had the defendant failed to pay his rent?
A. The Defendant, Mario, failed to pay rent for seven (7) months,
from June 15, 2012- January 15, 2013.
17.

Q. How much did his arrears amount to?

A. P 30, 000.

18. Q. What are the steps that you have taken to recover such arrears?

A. I have made oral demands to him on several occasions for him to

vacate the unit and pay me what he had owed. I have even sent him
demand letters.
19.

Q. What are the contents of these demand letters that you have sent?
A. The said amount he owed me for the lease of the Unit and that he
should pay me his arrears and vacate the unit.

20.

Q. How many of these written demands have you sent him?

A. Five (5).

21.

Q. What was the date of your last written demand?

A. January 29, 2013.

22. Q. I am showing to you a demand letter dated January 29, 2013 with
the defendant Mario as the recipient and you as the sender, what is the
relation of this demand letter to the written demands you have made to the
defendant?
A. That is the last demand letter I have sent to Mario.
23. Q. For purposes of identification I will mark this demand letter as
Exhibit C.
24.

Q. What are the actions taken by the defendant upon your demands?
A. He had promised to pay, but until now no payment has been
made.

25. Q. Did you refer this matter to the Lupon Tagapamayapa for
conciliation?
A. Yes.
26. Q. What happened to the conciliation conducted by the Lupon
Tagapamayapa?
A. No agreement was reached by me and the defendant except to
elevate the matter to court.
27.

Q. What happened next?

A. The Lupon issued me a Certificate to File Action.

28. Q. I am showing to you this Certificate to File Action from the Office
of the Lupon Tagapamayapa of Barangay Mandalagan for collection of sum
of money and ejectment dated February 5, 2013, what is the relevance of this
certificate to the conciliation process?
A. That is the Certificate to File Action issued by the Lupon
Tagapamayapa of Barangay Mandalagan after conciliation
proceeding.
29. Q. For purposes of identification I will mark this Certificate to File
Action as Exhibit D.
IN WITNESS WHEREOF, I have hereunto set my hands, this 12th day
of February, 2013 at Bacolod City.
JUANA
Plantiff- Affiant
SUBSCRIBED AND SWORN to before me this February 12, 2013 at
Bacolod City, Affiant exhibiting to me her Passport bearing No.
SS12345678 issued on 8/9/12 and expiring on 8/8/15, bearing her
photograph and signature, known to me as the same person who personally
signed the foregoing instrument before me and vowed under penalty of law
of the truth of the contents of said document.
Doc No. ________;
Page No. _______ ;
Book No. _______;
Series of ________.
Atty. Juan De la Cruz
Commission Serial No.
Notary Public for Bacolod City
Until December 2013
Office: Mahinahun Bldg. Ramos Street,
Bacolod City
Roll No. 9999900
IBP Lifetime Roll No. 5068999,01/06/2010,
Bacolod City
PTR No. 9999999, 02/03/2013,
Bacolod City
MCLE Compliance Cert. No. IV- 00055922,
Dec 4, 2012

SWORN ATTESTATION OF THE LAWYER

I hereby state, under oath, that I faithfully recorded the questions I
asked and the corresponding answers that the witness gave and that neither I
nor any other person present or assisting me has coached the witness
regarding the latters statement.
IN WITNESS WHEREOF, I hereby affix my signature this 12th of
February, 2013 in the City of Bacolod, Negros Occidental.
__________________________________
ATTY. HANNAH LEA N. TAOSO
SUBSCRIBED AND SWORN to before me this 12th of February,
2013 at Bacolod City, Affiant exhibiting to me her drivers license bearing
No. N11-82-030573 expiring on 01/04/2014 bearing her photograph and
signature, known to me as the same person who personally signed the
foregoing instrument before me and vowed under penalty of law of the truth
of the contents of said document.
Doc No. ________;
Page No. _______ ;
Book No. _______;
Series of ________.

Atty. Juan De la Cruz

Commission Serial No. 5555555
Notary Public for Bacolod City
Until December 2013
Office: Mahinahun Bldg. Ramos Street,
Bacolod City
Roll No. 9999900
IBP Lifetime Roll No. 5068999, 01/06/2010,
Bacolod City
PTR No. 9999999, 02/03/2013,
Bacolod City
MCLE Compliance Cert. No. IV- 00055922,
Dec 4, 2012