Republic of the Philippines

REGIONAL TRIAL COURT

First Judicial Region
Branch No. 3
City of Baguio

PEDRO BATONGBUHAY, Civil Case No. 03

Plaintiff, For: Specific Performance

-versus-

PITAK REALTY INC.,

Defendant.

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JUDICIAL AFFIDAVIT OF JUAN UMUUPA

Juan Umuupa, in his Judicial Affidavit, will testify in the above-entitled case
for the purpose of proving the existence of a Contract of Lease between him
and Pitak Realty, Inc. expiring on December 31, 2018.

I, JUAN UMUUPA, of legal age, single, and a resident of Unit 4 of Lipat

Bihay Condominium, state under oath as follows:

PRELIMINARY STATEMENT

The person examining me is Atty. Saul Aries Marck V. Ortiz with address at
No. 01 Session Road Building, Session Road, Baguio City. The examination
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is being held at the aforementioned address of the counsel. I am answering

the questions fully conscious that I do so under oath and may face criminal
liability of perjury. Questions were propounded to me in English which I
fully understand, and the answers were also given in English.

QUESTIONS AND ANSWERS

Q1: Please state your name and other personal circumstances for the record?
A1: I am JUAN UMUUPA, of legal age, single, and a resident of Unit 4 of
Lipat Bahay Condominium.

Q2: Do you know where you are now?

A2: I am at the NAGIISIP LAW OFFICE address here in Session Road
Building, Baguio City.

Q3: Do you know why you are here?

A3: I am here upon the request of Atty. Mikael Tabanda.

Q4: Do you know the reason why you are invited here?
A4: I was invited to give answers to the questions that will be asked of me
regarding Civil Case No. 03 filed by Pedro Batongbuhay against Pitak
Realty, Inc.

Q5: Do you know Pitak Realty, Inc.?

A5: Yes. Pitak Realty Inc. is the lessor of the condominium unit that I am
now occupying as a lessee.

Q6: You mentioned that you are the lessee of a condominium unit of Pitak
Realty. Can you state the exact address of this unit?
A6: It is Unit 4 of Lipat Bahay Condominium.
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Q7: Do you have any proof of this lease agreement between you and Pitak
Realty relating to Unit 4 of Lipat Bahay Condominium
A7: Yes. I have a copy of the Contract of Lease that we executed.

Q8: Do you have it with you right now?

A8: Yes. I have it.

Q9: Can you present it to me right now?

A9: Yes.

Q10: Upon the execution of this lease agreement, are you aware of any
encumbrances or issues regarding the subject unit?
A10: No. I fully believe that there are no encumbrances or issues regarding
the unit and that Pitak Realty is the lessor-owner of the same.

Q11: When was this lease agreement executed?

A11: It was executed on December 1, 2008

Q12: When did you start occupying the subject unit?

A12: I started occupying the unit since December 31, 2008.

Q13: How much is your monthly rent in Unit 4?

A13: The monthly rental rate that I and Pitak agreed was FORTY
THOUSAND PESOS, Philippine Currency.

Q14: At the bottom page of the lease agreement, it contains your name
stating that you are agreeing as the lessee of the unit which was manifested
by your signature. Is this your true and real signature?
A14: Yes. That is my true and real signature.

Q15: At the bottom of the page, it also shows the name of Gloria
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Batongbuhay Gracia representing the corporation. Do you know her?

A15: Yes. She represented the corporation in the lease agreement and signed
for the same as manifested by her signature as well.

Q16: Until when is the lease agreement?

A16: Until December 31, 2018.

Q17: I am showing you a copy of a Contract of Lease executed between one

Juan Umuupa and Pitak Realty, Inc, as represented by Gloria Batongbuhay
Gracia, regarding Unit 4 of Lipat Bahay Condominium which was provided
to me by Pitak Realty. Can you look into this contract and tell me if this is
the same contract that you are referring to and brought before me, and you
are the same Juan Umuupa that was stipulated as the lessor of the subject
unit?
A17: Yes. This is the same contract. It also contains the same stipulations.
And, I am the same Juan Umuupa that this contract is referring to.

Q18: I am marking this Contract of Lease provided by Pitak Realty as

“ANNEX 3” to substantiate the evidence of the defendant, do you
understand?
A18: Yes, sir.

Q17: If you will be presented before the court, would you be able to
authenticate this contract and testify that there exists a Contract of Lease
between you and Pitak Realty regarding Unit 4 of Lipat Bahay
Condominium.
A17: Yes.

Q18: Under your present oath, do you affirm and confirm the truthfulness of
the contents of your Judicial Affidavit?
A19: Yes, sir.
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Q20: Do you want to add anything more to this Judicial Affidavit?
A20: No more, sir.

Q21: Are you willing to sign this Judicial Affidavit?

A21: Yes, sir.

Q22: Do you understand that any false information that you give may
subject you to criminal prosecution for perjury?
A22: Yes, sir.

IN WITNESS WHEREOF, I have hereunto set my hand this 25th day

of April 2018 at Baguio City, Philippines.

JUAN UMUUPA
Affiant

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REPUBLIC OF THE PHILIPPINES )
IN THE CITY OF BAGUIO ) S.S.

SUBSCRIBED AND SWORN TO BEFORE ME this 25th day of

April 2018 at Baguio City, Philippines. Affiant who is personally known to
me with LTO Non-Professional Driver’s License Number A098-45678-78
issued on April 1, 2017 at Baguio City with expiry date of April 1, 2022
signed the foregoing judicial affidavit in my presence and avowed under
penalty of law to the whole truth of the contents of the foregoing document.

ATTY. JAN RAYMUND LUMILINGON

Notary Public for Baguio City
Until March 29, 2020
Roll No. 3456789
Lifetime IBP No. 456789
MCLE No. IV-098765

Doc. No. ______;

Page No. ______;
6

Book No. ______;

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Series of ______;
REPUBLIC OF THE PHILIPPINES )
IN THE CITY OF BAGUIO ) S.S.

LAWYER’S ATTESTATION

I, Saul Aries Marck V. Ortiz, a lawyer in the City of Baguio, am the

counsel on record of the defendant in the present case, under oath declare
and state that:

1. I personally conducted the examination of JUAN UMUUPA in a

question and answer format;

2. The questions propounded and answers given in the foregoing judicial

affidavit were faithfully, correctly and accurately recorded as they
now appear herein and that the corresponding answers to the questions
I have asked were duly given by the affiant JUAN UMUUPA.; that no
person had assisted, helped, or coached the affiant in giving his
answers to the questions propounded;

3. That the documents mentioned in the Affidavit and hereto attached

were identified and duly authenticated by the affiant;

4. I am fully aware of the consequences of giving a false attestation.

WITNESS MY HAND this 25th day of April 2018 at Baguio City,

Philippines.

ATTY. SAUL ARIES MARCK V. ORTIZ

Counsel for the defendant
Roll No. 1234567
PTR No. 007657
IBP No. 145789
MCLE Compliance No. 0087567
09/15/2020
Baguio City, Philippines
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REPUBLIC OF THE PHILIPPINES )
IN THE CITY OF BAGUIO ) S.S.

SUBSCRIBED AND SWORN TO personally before me this 25th

day of April, 2018 at Baguio City, Philippines. Affiant who is personally
known to me with LTO Non-Professional Driver’s License Number A098-
45678-78 issued on April 1, 2017 at Baguio City with expiry date of April 1,
2022 signed the foregoing judicial affidavit in my presence and avowed
under penalty of law to the whole truth of the contents of the foregoing
document.

ATTY. HONORATO BINARADO

Notary Public for Baguio City
Until March 29, 2020
Roll No. 567880
Lifetime IBP No. 56985
MCLE No. IV-0987678

Doc. No. ______;

Page No. ______;
8

Book No. ______;

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