Republic of the Philippines

Department of Trade and Industry

INTELLECTUAL PROPERTY OFFICE
Bureau of Legal Affairs

SPORTS UNLIMITED INC.,

Petitioner,
IPC No.
-vs- For: Cancellation of
Trademark Registration
JOHNNY DELA CROSS, doing
business under the name and style
“SUPER PUTTER ENTERPRISES,”
Respondent,
xx------------------------------------------xx

JUDICIAL AFFIDAVIT OF MR. ROBERTO CLAUDIO

I, ROBERTO CLAUDIO, 40 years old, married, and living at 36

Maria Cristina Street, Ayala Alabang Village, Muntinlupa, witness for the
defendant in this case, after having been sworn to in accordance with the law
do hereby depose and state:

PRELIMINARY STATEMENT

That ATTY. ANNA MARIA M. SANTOS-LOPEZ is the counsel

who conducted and supervised my examination as a witness at her office at
Rivera, Reventar, Villanueva, Santos, Dominguez Law Office with address
at 28th Floor, NAC Tower, 32nd Street, Bonifacio Global City, Taguig;

That I am answering the questions herein fully conscious that I do so

under oath and that I may be criminally liable for false testimony or perjury;

That the following are the questions propounded by ATTY. SANTOS-

LOPEZ and my answers were in the English language.

PURPOSE

This affidavit/testimony of witness ROBERTO CLAUDIO is being

offered to prove the following:

1. That, as the owner of sports store Toby’s sports, he is knowledgable

about the trade channels where Lasthole golf caps are being sold.
2. That, as owner of Toby’s sports, he is well-informed about consumer
behavior and attitudes regarding sports apparel, equipment, and
accessories.
3. That, as owner of Toby’s sports, he signed Memorandum of Agreement
with Mr. Johnny Dela Cross for the distribution of Lasthole golf caps.
4. That, as owner of Toby’s sports, he signed Memorandum of Agreement
with Sports Unlimited Philippines, Corp. for the distribution of Fastball
baseball caps.

OFFER OF TESTIMONY

Q1: Do you swear to tell the truth and nothing but the truth?

Yes Ma’am.

Q2: Please state your name and other personal circumstances for
the record.

I am Roberto Claudio, 52 years old, married, with address at 36

Maria Cristina Street, Ayala Alabang Village, Muntinlupa. I have
been President of Toby’s Sports Stores for 25 years now.

Q3: What is Toby’s Sports Stores?

Toby’s Sports is the biggest multi-brand sports retailer in the

Philippines with over 50 stores nationwide.

Q4: How long has Toby’s Sports been operational?

I started the business in 1991 and have continued to operate since

then.

Q5: What kinds of merchandise does Toby’s Sports sell?

We sell sports equipment, apparel and accessories for a wide

variety of sports.

Q6: What sports exactly?

A lot of sports such as football, swimming, baseball, basketball,

running, triathlon, golf, ice and water hockey, volleyball, tennis,
badminton, table tennis.

Q7: What is your relation to Johnny Dela Cross?

Johnny and I have been doing business for 12 years.

Q8: What kind of business are you engaged in with Mr. Dela
Cross?

Johnny’s company, Super Putter Enterprises, supplies Lasthole

golf caps to Toby’s Sports Stores.

Q9: When did you first start doing business with Mr. Dela Cross?
 We entered into a consignment agreement on December 2004.

Q10: What was the consignment agreement for?

Mr. Dela Cross consigned golf caps, sun visors and golf umbrellas
at my stores.

Q10: What was the consignment agreement for?

Mr. Dela Cross consigned golf caps, sun visors and golf
umbrellas.

IN WITNESS WHEREOF, I have hereunto affixed my signature this

4th day of November 2016 at Makati City, Philippines.

MR. STEVE JOBLESS

Affiant,
Caretaker, Paraiso Island Resort

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in

Quezon City on November 4, 2016. Affiant personally came and appeared with
his Birth Certificate No. 03296-9E-008MMC-00519-BI001, known to me as the
same person who personally signed the foregoing instrument before me and
avowed under penalty of law to the whole truth of the contents of said
instrument.

ATTY. JOAN GO-MENDOZA

Notary Public for Quezon City
Regis Center, Katipunan Ave., Quezon City
Appointment No. 123 Until December 31, 2018
IBP No. 987654; 01/10/16—Quezon City
PTR No. 123456; 01/10/16—Quezon City
Roll No. 1234 5/05/08
MCLE No. I 001234; 9/09/14
MCLE No. II 005678; 12/09/16
Serial No. of Commission M-12

Doc No. 05;

Page No. 34;
Book No. III;
Series of 2016.
 ATTESTATION

I, ATTY. ALAN PETER KAINTAYO, of legal age, Filipino, with

office address at Tongco and Cayosa (“T&A”) Law Office, Suite 1212,
Herrera Tower, V.A. Rufino cor. Valero Sts., Salcedo Village, Makati
City after being duly sworn depose and say that:

• I conducted the examination of STEVE JOBLESS for Civil Case No.

R-QZN-06559 entitled Liza Sobernako versus Philippine Professional
Active Patriots (PPAP) Corporation, represented by Money Pakyaw, in his
capacity as Chief Operating Officer with alternative remedies of specific
performance with damages or rescission with damages, at my
aforementioned office address.
• I have faithfully recorded or caused to be recorded the questions I
asked and the corresponding answer that the witness gave;
• I nor any other person then present or assisting him coached the
witness regarding his answers;

IN WITNESS WHEREOF, I have hereunto set my hand on this 4th

day of November 2016 at Quezon City.

ATTY. ALAN PETER KAINTAYO

Roll of Attorneys No. 76667
IBP Lifetime Membership No. 102831
MCLE Certificate No. 234981
PTR No. MNL 1370326 1/8/16

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in

Quezon City on November 4, 2016. Affiant personally came and appeared with
Driver’s License No. D09-20-123400 issued by the Land Transportation office
on May 25, 2014, bearing his photograph and signature and Passport No.
EB0032845 issued by the Department of Foreign Affairs on May 25, 2013,
known to me as the same person who personally signed the foregoing
instrument before me and avowed under the penalty of law to the whole truth
of the contents of said instrument.

ATTY. JOAN GO-MENDOZA

 Notary Public for Quezon City
Regis Center, Katipunan Ave., Quezon City
Appointment No. 123 Until December 31, 2018
IBP No. 987654; 01/10/16—Quezon City
PTR No. 123456; 01/10/16—Quezon City
Roll No. 1234 5/05/08
MCLE No. I 001234; 9/09/14
MCLE No. II 005678; 12/09/16
Serial No. of Commission M-12

Doc No. 06;

Page No. 34;
Book No. III;
Series of 2016.

Copy furnished:

Atty. Leila de Quatro

MARPURI & AMPARADO LAW OFFICES
Counsel for Plaintiff
1564 One Corporate Center, Julia Vargas, Ortigas, Pasig City

EXPLANATION

This Certifies that personal service was not resorted to for the reason that due
to time, distance and manpower constraints, the same is not practicable.

ATTY. ALAN PETER KAINTAYO

Counsel
AFFIDAVIT OF SERVICE

Republic of the Philippines

City of Makati

I, Antonia Twollanes, as messenger of Atty. Alan Peter Kaintayo,

with office address at Suite 1212, Herrera Tower, V. A. Rufino cor. Valero St.,
Salcedo Village, Makati City, after being duly sworn, depose and says:

That on November 7, 2016 I served a copy of the following

pleading/paper by registered mail in accordance with Sec. 10 of Rule 13 of the
Rules of Court:

Pre-Trial Brief of Defendants Philippine Professional Active Patriots

(PPAP) Corporation and Money Pakyaw in Civil. Case No. R-QZN-06559
entitled Liza Sobernako vs. Philippine Professional Active Patriots (PPAP)
Corporation and Money Pakyaw, in his personal Capacity and in his capacity as
Chief Operating Officer of PPAP by depositing a copy in the post office in a
sealed envelope, plainly addressed to Atty. Leila de Quatro, Counsel of the
Plaintiff, at her office, with postage fully paid, as evidenced by Registry Receipt
No. 67890 attached and with instructions to the post master to return the mail
to sender after ten (10) days if undelivered.
 In witness whereof, I have hereunto set my hand this 7th day of
November, 2016, in the City of Makati, Metro Manila, Philippines.

________________________
Antonia Twollanes