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REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT


Branch 10, Metro Manila

SHANGRILA BRIONES
Plaintiff,
-versus-

CIVIL CASE NO. 123987


FOR: UNLAWFUL DETAINER

CARLA TORRES
Defendant.
JUDICIAL AFFIDAVIT
I, Shangrila Briones, of legal age, Filipino citizen, with postal address at 1234
st. Sta.mesa Manila, after having duly sworn to in accordance with law do hereby
depose and say:
ATTY. MAGTIBAY: We are offering the testimony of the witness in order to prove that
she is the Plaintiff in the above titled case; that after the end of the lease contract,
starting January 2015 to March 2015, the defendant did not vacate the premises and
did not pay the rental dues from March 2015 until this month.
1. Q: Ms. Witness, you are the plaintiff in this case:
A: Yes, maam.
2. Q: Do you know the defendant in this case by name of Ms. Carla Torres?
A: Yes, maam.
3. Q: How do you know the defendant Ms. Carla Torres?
A: We are childhood friends
4. Q: Do you own a property in Mezza residences?
A: Yes, maam.
5. Q: Do you occupy such property in Mezza Residences?
A: No, maam.
6. Q: Why not?
A: Because someone is occupying such condo unit.
7. Q: Who is that someone who occupies your unit?
A: the defendant.
8. Q: How did you become the occupant?
A: Last December 20, 2013, Carla Torres contacted me that she will go home
here in the Philippines for a short vacation. She asked me if I know someone

who owns a place where he can stay for a period of 3 months. I offered him my
condo unit, since I am staying in my parents house.
9. Q: Did Ms. Carla Torres accept your offer?
A: Yes, maam.
10. Q: What happened next?
A: Carla Torres requested me to draft a contract regarding the lease.
11. Q: Did you drafted the contract?
A: Yes, maam.
12. Q: Now I am showing to you a document purported to be a Contract of lease
between Shangrila Briones and Carla Torres, what can you say about the said
document?
A: It is the same contract I drafted.
13. Q: How about the terms indicated in the said contract, what can you say about it.
A: It is also the same terms we agreed upon.
14. Q: Where the terms stated therein faithfully complied by Ms. Carla Torres?
A: No, maam.
15. Q: Which of the terms are you pertaining to that were not complied with?
A: The term regarding the mode of his payment.
16. Q: What about the mode of payment?
A: B must pay his rentals every 30th the month starting January up to March in the
amount of

P 25, 000.00. However, on the 3rd month, month of March, he failed

to pay the said amount.


17. Q: What did you do next upon his failure to pay you the rental?
A: I asked my caretaker to go to the condo unit and remind Ms. Torres that his
rental is already due.
18. Q: What did she reply to your care taker?
A: She made a promise to pay me on the 6th day of April.
19. Q: Did she pay on the said date?
A: No, maam.
20. Q: And what did you do?
A: I sent her a demand letter on the ____________day of April.
21. Q: Now I am showing to you a document purported to be a demand letter you
personally gave to Ms. Carla Torres, what can you say about it?
A: It is the same demand letter that I sent to her.
22. Q: What are the contents of this demand letter?
A: It is stated that she should vacate the premises because the contract already
expired and should pay the remaining balance of P 25,000.00.
23. Q: Did she pay you and vacated the premises?
A: No, maam. She is still staying in the unit.
24. Q: What further actions did you do when she refused to pay and vacate the
premises?

A: I asked my care taker to made demands to Ms.Torres, and I myself made also
several demands to her, to pay and vacate because new tenants will occupy the
unit by the month of july.
25. Q: What was the result of such?
A: None, maam.
26. Q: What did you do next?
A: I consulted my Lawyer regarding my situation and she advised me to file an
action.
27. Q: What relief have you asked from this court?
A: That Carla Torres should pay me _________ and moral damages of ________
and exemplary damages of_________.
28. Q: And what was your agreement with your lawyer?
A: I paid him an acceptance fee of P5,000.00 and P10,000.00 as attorneys fees
in case we will win the case.
ATTY. MAGTIBAY: That will be all for the witness.
That this affidavit is being executed to attest to the truthfulness and veracity of
the foregoing facts which are based on my personal knowledge and belief.
IN WITNESS WHEREOF, I have hereunto affixed my signature this __day of
________ 2015, in Sta.Mesa Manila.

SHANGRILA BRIONES
Plaintiff

SUBSCRIBED AND SWORN to before me this __ day of __________ 2015, in


_________, affiant exhibited to me his SSS No. 123304504, issued on ___________, at
___________.
NOTARY PUBLIC

Doc. No.____;
Page No.____;
Book No.____;
Series of 2015

ATTESTATION
I, IRA MIRIAM MAGTIBAY, of legal age, Filipino citizen, after having duly sworn
to in accordance with law do hereby depose and say:
1. That I am the counsel of record for the plaintiff in the above-entitled case;
2. That I personally conducted the foregoing judicial affidavit of Plaintiff Ms.
Shangrila Briones.
3. That I hereby certify that I faithfully recorded the questions I asked and the
answer of the witness;
4. That I likewise certify that neither I nor any person then present had coached
the witness regarding the latters answer.

IN WITNESS WHEREOF, I have hereunto affixed my signature this __day of ________


2015, in Sta.Mesa Manila.

IRA MIRIAM MAGTIBAY


Counsel for the Plaintiff

SUBSCRIBED AND SWORN to before me this __ day of __________ 2015, in


_________, affiant exhibited to me his SSS No. 123304504, issued on ___________, at
___________.
NOTARY PUBLIC

Doc. No.____;
Page No.____;
Book No.____;
Series of 2015

SEQUENCE:
1. PRE-TRIAL

Clerk of court: all rise


Prayer:
Ecumenical Prayer for the Courts
Almighty God, we stand in Your Holy Presence as our Supreme Judge.
We humbly beseech You to bless and inspire us so that what we think,
say and do will be in accordance with Your will.
Enlighten our minds, strengthen our spirit and fill our hearts with fraternal love,
wisdom and understanding, so that we can become effective channels of truth, justice and peace.
In our proceedings today, guide us in the path of righteousness for the fulfillment of Your greater glory.
Amen.

Judge: Be seated

Calling of cases
1.
2.
3. BRIONES VS. TORRES
CIVIL CASE NO. 123987
FOR: UNLAWFUL DETAINER

*APPEARANCES
Plaintiff
Defendant

Clerk of court: Marking of evidences


Plaintiff (contract of lease, receipts-rentals paid , demand letters, text
messages <electronic evidence>)
Defendant (receipts)
JUDGE DEPOSITION / pre trial brief
DEPOSITION-FLASHBACK
(Judge will discuss the use of deposition RULE 23 Sec. 2(c) (2)
The witness resides more than 100 km from the place of trial or hearing.

SET THE CASE FOR HEARING (AFTER 3 MONTHS)


TRIAL

Clerk of court: all rise


Prayer:

Judge: Be seated

Calling of cases
1.
2.
3. BRIONES VS. TORRES
CIVIL CASE NO. 123987
FOR: UNLAWFUL DETAINER
*APPEARANCES
Plaintiff
Defendant

PRESENTATION OF JUDICIAL AFFIDAVIT OF PLAINTIFF


*OATH
CROSS-EXAMINE > Counsel for the defendant
OBJECTION

AFTER ___ MONTHS

Judicial Affidavit DEFENDANT