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REPUBLIC OF THE PHILIPPINES

8th Judicial Region


MUNICIPAL TRIAL COURT
Branch XXX
City of Tacloban

ANITA A. ATCHARA,
Plaintiff,
Civil Case No. XX-XXX
- versus-
For: Collection of sum of money
BODO B. BOLINAO,
Defendant.
x--------------------------------------------x

JUDICIAL AFFIDAVIT

Purpose of the testimony: This affidavit/testimony of petitioner


ANITA A. ATCHARA is being offered to prove that the respondent BODO
B.BOLINAO borrowed money from the petitioner twice in 2016 and has
refused to pay despite her personal repeated demands for the same. The
testimony will also prove other matters relative to the allegations in the
complaint.

I, ANITA A. ATCHARA, of legal age, Filipino, a business-woman with


postal address at Barangay 123, Marasbaras, Tacloban City, after having
been sworn in accordance with law and fully conscious that I do so under
oath and that I may face criminal liability for false testimony or perjury in
way of answers to the questions propounded to me by ATTY. MARIANNE
GAIL L. BERNARDES at her office, with the address at Building 456, Zamora
St., Tacloban City, do hereby give my testimony to the following questions:

1. Q: Please state your name and other personal circumstances for


the record.
A: I am Anita A. Atchara, of legal age, married. I am a fish dealer
for the Sagkahan Fish Market and I live in Barangay 123,
Marasbaras, Tacloban City.
2. Q: Do you know why you are currently being deposed?
A: Yes, I am the plaintiff of this case against defendant, BODO B.
BOLINAO for my claim for sum of money against him.

3. Q: How do you know the defendant?


A: He was a close friend of mine since childhood and we have a
similar line of business. He also borrowed money from me
twice.

4. Q: When did these transactions happen?


A: He first borrowed money from me on January 14, 2016 and
then on April 22, 2016.

5. Q: Tell us about the transaction that happened on January 14,


2016.
A: Mr. Bolinao went to my house on that day at 10:30am and
asked to borrow P90,000.00 from me to help him pay for the
expansion of his bulad(dried fish) business. He promised to pay
the same after 6 months.

6. Q: After he made that statement, what happened next?


A: Since, he was a childhood friend, I agreed and then I asked him
to put into writing our agreement.

7. Q: What did Mr. Bolinao do after that?


A: He asked for a piece of paper and a pen, which I gave to him,
and he wrote down the agreement.

8. Q: What happened next?


A: I went to my room to get the amount from my safety deposit
box and handed him the amount as he handed me the note.

9. Q: Would you be able to identify the document if shown to you?


A: Yes, ma’am.

10. Q: I am showing to you a handwritten note dated January 14,


2016. Please look at it and tell us how this document is related
to your previous statement.
A: This is the same document that Mr. Bolinao wrote in front of
me.
(The document is marked as Exhibit “A”)

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11. Q: On the lower right hand portion, there appears a name and
signature. Can you tell us whose name and signature this
belongs to?
A: This is Mr. Bolinao’s name and signature.

12. Q: How do you know that this is his signature?


A: I saw him sign it in front of me.
(The signature is marked as Exhibit “A-1”)

13. Q: Let us proceed to the second transaction. Please tell the court
what happened on April 22, 2016.
A: On that day, Mr. Bolinao went to my office in Sagkahan Fish
Market sometime in the afternoon and asked again if he could
borrow an additional P160,000.00 because he needed more
money for his business expansion. He also promised to pay the
whole amount, including the P90,000.00, after another six
months.

14. Q: When he asked that, what happened next?


A: We were close friends so I agreed again, and asked him to put
the whole agreement into writing.

15. Q: What happened next?


A: I handed him a piece of paper and a pen from my drawers and
he put into writing the second agreement.

16. Q: After he wrote the agreement, what happened next?


A: As I did not have cash on hand at that time, I wrote a check for
P160,000.00 in his name and handed it to him in exchange for
the note he wrote.

17. Q: What was the check number, if you can recall?


A: It was Check No. 123456

18. Q: If presented to you, would you be able to identify the


second note?
A: Yes, ma’am.

19. Q: I am showing you another handwritten note, now dated April


22, 2016. Please examine it and tell us how this note is
related to your previous statement.
A: This is the note Mr. Bolinao wrote in my presence while we
were in my office.
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(The document is marked as Exhibit “B”)

20. Q: On the bottom right corner, there is a written name and a


signature, are you familiar with this name and signature?
A: Yes, this is Mr. Bolinao’s full name and his signature.

21. Q: How do you know this is his signature?


A: He signed the note in my presence, ma’am.
(The signature is marked as Exhibit “B-1”)

22. Q: What happened to the check you issued?


A: It was not returned to me by the bank.

23. Q: So, how did you know that your check you issued was
encashed?
A: It was reflected on the monthly bank statement that ABC Bank
mailed me for the month of April.

24. Q: If I showed you the said bank statement, will you be able to
identify it?
A: Yes, ma’am.

25. Q: I am showing you a bank statement from ABC Bank for the
month of April 2016. How is this document related to the bank
statement you just mentioned?
A: This is the same bank statement.
(The ABC Bank bank statement is marked as Exhibit “C”)

26. Q: On the statement, there appears an entry dated April 27,2016,


in which an amount of P160,000.00 has been debited from
your checking account for the Check No. 123456. How is this
entry related to your transaction with Mr. Bolinao?
A: This entry shows that the check I issued to Mr. Bolinao has
been encahsed.
(The entry on the bank statement on April 27,2016 is marked as
Exhibit “C-1”)

27. Q: What then happened next after the execution of these


documents?
A: I waited until the start of November 2016 before I started
texting and calling Mr. Bolinao, asking him to pay for the full
amount.

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28. Q: What would he say during the calls?
A: He would sometimes drop the call and when he answered he
would tell me that he is busy and ask me to call some other
time.

29. Q: What did you do after that?


A: On November 14, 2016, I went to his office and asked for the
full the payment of his debts but he refused and told me he
doesn’t remember ever borrowing money from me and that I
should stop shaming him in front of his employees.

30. Q: What happened after that meeting?


A: I wrote a demand letter, and went to his house on November
20, 2016 to personally give him a copy, which he refused to
receive, so I decided to leave it in his mailbox.

31. Q: Would you be able to identify this demand letter if presented


to you?
A: Yes, ma’am.

32. Q: I am presenting to you a document purporting to be a letter of


demand dated November 20, 2016. What relation does this
document have to the document you were referring to in your
previous statement?
A: This is a duplicate original of the demand letter I wrote and
personally tried to give to Mr. Bolinao, ma’am.
(The Letter of Demand is marked as Exhibit “D”)

33. Q: After your demands were unheeded, what did you do?
A: I went to my lawyer on the 5th of December 2016 and asked
her to draft a final notice of demand.

34. Q: What happened next?


A: My lawyer told me that she mailed the notice of demand
through registered mail on December 12, 2016, and that the
letter was received on December 20, 2016 as indicated in the
Registry Return Card.

35. Q: What happened next?


A: After the deadline of the final notice had lapsed and there was
still no response, I instructed my lawyer to file this present suit.

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36. Q: What else do you wish to state regarding the attached exhibits
in this Judicial Affidavit?
A: I warrant that the copies attached herein are faithful
reproductions of the original documents that are currently in
my possession for safekeeping.

37. Q: Do you affirm the veracity and truthfulness of the contents of


this Judicial Affidavit and all the allegations contained herein?
A: Yes.

Nothing Follows.

IN WITNESS WHEREOF, I have affixed my signature this 15th of April


2017, at Tacloban City.

ANITA A. ATCHARA
Affiant

SUBSCRIBED and sworn to before me in Tacloban City on April ____,


2017, affiant showing his/her competent proof of identity, to wit: Comelec
VIN xxxxxx.

Notary Public

.Doc. No. __
Page No. __
Book No. __
Series of 2017.

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ATTESTATION

I, ATTY. MARIANNE GAIL L. BERNARDES, of legal age, Filipino, and


with law office address at Building 456, Zamora Street, Tacloban City, under
oath, hereby depose and state:

1. I am the Legal Counsel for the plaintiff in the above-entitled case;

2. I personally conducted the examination of Anita A. Atchara at


Building 456, Zamora St., Tacloban City;

3. I faithfully recorded or caused to be recorded the


questions I asked and the corresponding answers that the above-
named witness gave; and

4. Neither I nor any other person then present or assisting me, coached
the witness regarding the latter's answers.

Nothing Follows.

IN WITNESS WHEREOF, I have affixed my signature this 15th of April


2017, at Tacloban City.

ATTY. MARIANNE GAIL L. BERNARDES


Affiant

SUBSCRIBED and sworn to before me in Tacloban City on April _____,


2017, affiant showing his/her competent proof of identity, to wit: SSS
Member ID No. xxxxxx.

Notary Public

Doc. No. ___


Page No. ___
Book No. ___
Series of 2017.

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Copy furnished:
ATTY. TEDDY EDMUND T. PAVON
Counsel for Defendant
111 A. Gomez Street,
City of Tacloban

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