REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

__ JUDICIAL REGION
Branch __, Bacolod City

_________________ Corporation
Represented by _______________
Complainant, Crim. Case No.

-versus- For: Violation of B.P.

22

Respondent.
x----------------------------------------x

JUDICIAL AFFIDAVIT

I, ____________________, of legal age, Filipino citizen,

widower, with office address at _________________ after
having duly sworn to in accordance with law do hereby
depose and say;

ATTY.__________: We are offering the testimony of the

witness in order to prove that he is the defendant in the
above-entitled case; that from (date) up to (date), he did
not make an order of any veterinary products from the
plaintiff, neither he sign any Invoice coming from the
plaintiff; that he did not receive any shipment of
veterinary products from the plaintiff nor sign any
document from any shipping company; that he did not
receive any demand letter from the plaintiff and such
allied matters pertinent to the case and the alleged
claims;

ATTY.__________: With the kind permission of the

honorable court.

Q: You are the accused in this case?

A: Yes, sir.

Q: Do you [know] a certain company by the name of

___________?

A: Yes, sir.

Q: Why do you know this _______________?

A: I am the President of the said company.

Q: Do you know the private complainant in this case

________________?
A: Yes, sir.

Q: Why do you [know] them?

A: That sometime ________, we secured the services of

the complainant for the supply of good quality wet
type ready mix concrete cement for our project with
our client/developer ________________ for the
construction of a 30 storey building at
________________.

Q: What were your agreement with respect to the

duties and responsibilities of the said private
complainant?

A: Our said developer will provide for its own

material/cement which we deliver to the plant of the
complainant, and [agreed] [that] we will supply [the
ready mix concrete cement], and the complainant
will be the one to mix the same based on the
specification or formula given to them and they
agreed.

Q: Do you have any evidence to prove the same?

A: I have a copy of the Purchase Order

___________________ we issued which is hereto attached
as Exhibit 1 hereof.

Q: What is your agreement with the complainant with

respect to the payment of the services?

A: That based on the Purchase Order (P.O.) we issued

the subject checks subject to the condition that
they will supply and deliver a quality and good wet type
ready mix concrete cement which we will use for the
construction of thirty (30) storey building of our
client.

Q: After the agreement between you and the private

complainant, what happened?
A: That at first, complainant were complying with their
agreement with us until on ____________, when we
discovered some defects (Honey comb) on the shear
walls and RC walls of the buildings caused by the
poor quality of ready mix concrete cement supplied
by the complainant as evidenced by the Non-
Compliance Report prepared by the Site Engineer
and Construction manager and the photographs of
the defective walls due to poor quality ready mix
concrete cement supplied by the complainant, and
their recommended corrective measures on the said
defects.

Q: Do you have any evidence to prove the same?

A: I have here with me the recommendation of the

complainant which are hereto attached as Exhibits
2-4 hereof.

Q: What action did you do to remedy the situation?

A: That sample of ready mix concrete cement which

was supplied by the complainant was subjected to
test conducted by ____________ but obviously it
failed the test.

Q: Do you have any evidence to prove the same?

A: Yes, sir. I have here with me a copy of the result

which is hereto attached as Exhibit 5 hereof.

Q: What else have you discovered in relation to the

work performance of the complainant?

A: On ______________, again based on the inspection of

the Site Engineer and Construction Manager, there
were also defects in the concrete columns due to the
poor quality of ready mix concrete cement supplied
by the complainant which again needs a corrective
measures on our part again causing delay not to
mention penalties, additional cost and damage to
us.

Q: Do you have any evidence to prove the same?

A: I have here with me the copy of the Non-Compliance

Report, photographs of defective columns, and the
 proposed corrective measures which are hereto
marked as Exhibits 6-8 hereof.

Q: After the said inspection you mentioned a while ago,

what other defects have you discovered?

A: That on ______________, again based on the

inspection of the project by the Site Engineer and
Construction Manager, they again discovered some
defects on the concrete cover of the building with
exposed rebars on the shear walls again caused by
the poor quality of ready mix concrete cement
supplied by the complainant.

Q: What measures have you made to correct the said

defects?

A: We conducted corrective measures on our part

thereby causing delay and additional cost on our
part.

Q: Do you have any evidence to prove the same?

A: I have here a copy of the Non-Compliance Report,

photographs of defective columns, and the proposed
corrective measures prepared by
Engr.______________ are hereto attached as Exhibits
9-11-C hereof;

Q: What was the comment of the developer as regards

the said defects?

A: That the developer sent a letter to us demanding for

the correction of the defects caused by the
complainant.

Q: Do you have any evidence to prove the same?

A: I have here a copy of the letter hereto attached as

Exhibit 12 hereof.

Q: What happened next after the said discovery on the

defects?

A: That sometime ___________, when confronted and

upon inspection of the site of the complainant, they
admitted that their wet mix batching plant was shut
 down and instead they used a dry batching plant
contrary to the agreement entered into by the
complainant with us and without even disclosing to
us putting our project in jeopardy and the reliability
of the material used was put to risk.

Q: Do you have evidence to prove the same?

A: I have a copy of the photograph taken which is

hereto attached as Exhibit 13 hereof.

Q: What was the response of the complainant?

A: That on ________________, complainant sent a letter

to us admitting their fault and taking responsibility
on the defects they caused, and their use of dry mix
batching plant instead of wet mix batching plant.

Q: Do you have evidence to prove the same?

A: I have a copy of the letter of the complainant to me

hereto attached as Exhibit 14 hereof.

Q: What happened to your agreement with the

developer due to the said incident?

A: That due to the said negligence and for failure to

supply the correct and quality wet dry ready mix
concrete cement, the services of the complainant
was terminated by our client ___________.

Q: What else if there are any?

A: That the remaining unused cement delivered and in

possession of the complainant were never returned
to us in the total amount of P___________ again
unjustly enriching themselves.

Q: What steps did you made in relation to the said

unused cement?

A: That we made several attempts to reconcile the

accounts taking into consideration that defects,
delays, penalties, additional cost for the corrective
measure before the deposit of the said checks but
complainant refused to do so.
Q: What happened next, after your attempt to make a
reconciliation of accounts with the complainant?

A: That we are even surprised upon receipt of the

Resolution issued by the Honorable Office charging
me for alleged violation of B.P. 22 on the said
subject checks despite the fact that complainant
failed to comply with our agreement.

Q: What documents have you received from the said

complainant, in relations to their complaint?

A: None, sir.

Q: How about any demand letter?

A: We did not receive any demand letter from the

complainant, neither with their counsel.

IN WITNESS WHEREOF, I have hereunto affixed

my signature this ____ day of __________2013, in Bacolod
City.

Respondent

SUBSCRIBED AND SWORN to before me this ____

day of __________2013 in the City of ____________.

ATTESTATION

I, __________, 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 defendant in

the above-entitled case;

2. That I personally conducted the foregoing judicial

affidavit of ______________;

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 __________2013.

Counsel for the Accused

SUBSCRIBED AND SWORN to before me this ___ of

__________2013 in Bacolod City, affiant personally known
to me and exhibiting her _______ ID Card No.______
issued on ______________ by the _____________ in
_______________.

Doc. No. ____;

Page No. ____;
Book No.____;
Series of 2013