Republic of the Philippines

MOOT TRIAL COURT

FIRST JUDICIAL REGION
City of Baguio

Ivan Chua and Queencel Mae Civil Case No. 1-0002

Masaoy-Chua, For: Damages arising
Plaintiff, from quasi-delict, Loss of
Earning Capacity, Moral &
Exemplary Damages,
--versus-- Attorney’s Fees

Project Luntian, Inc. as represented

by its President Ferleen Figueroa,
Defendant,

Jose Terrado
Third-Party Defendant.

x--------------------------------------x

Judicial Affidavit of Mike Kaneko

Mike Kaneko, in his Judicial Affidavit, will testify in the above-

entitled case for the purpose of proving the utmost condition of the
vehicle of Jose Terrado prior to the accident .

I, MIKE KANEKO, of legal, single, and a resident of No. 10 Bonifacio

Road, Baguio City, state under oath as follows:
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 Preliminary Statement

The person examining me is Atty. Saul Aries Marck V. Ortiz with

address at Room 3-4, 2nd Floor, Puso ng Baguio Building, Session Road,
Baguio City. The examination is being held at the aforementioned office
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 MIKE KANEKO, of legal age, single, and a resident of No. 10
Bonifacio Road, Baguio City.

Q2: Do you know where you are now?

A2: I am at the POTA Law Office here in Session Road, Baguio City.

Q3: Do you know the reason why you are here?

A3: Yes. I was invited to give to answers to the questions that will be
asked of me regarding Civil Case No. 1-0002 with respect to the third-
party complaint filed by defendant Project Luntian against Jose Terrado.

Q4: Do you know Project Luntian, Inc.?

A4: Yes. Project Luntian, Inc. is a private corporation dedicated to
protecting the environment and advocating for green legislation.

Q5: Do you personally know third-party defendant Jose Terrado?

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A5: Yes. Jose Terrado is one of our loyal clients in BB’s Auto Care.
Q6: Why is he one of your loyal customers?
A6: Because he visits the shop monthly to have his Mitsubishi Canter be
checked-up.

Q7: When was the last time he visited your shop?

A7: It was on November 24, 2018 when he had his Mitsubishi Canter
truck be checked-up for its monthly maintenance.

Q8: What do you usually check when his vehicle is there?

A8: Everything. We check the engine, breaks, clutch, oil, etc.

Q8: Are you aware of the recent vehicular accident which involved the
vehicle of Jose Terrado?
A8: Yes. In fact, I was shocked because the vehicle was in its utmost
condition a day prior to the accident. I was the one who checked it up on
November 24, 2018.

Q9: I am showing you the official receipts issued by BB’s Auto Care on
September 24, 2018, October 24, 2018, November 24, 2018. Can you
confirm that these are the official receipts issued by your shop with
respect to the monthly maintenance check-up of Jose Terrado’s
Mitsubishi Canter?
A9: Yes. They are the official receipts of BB’s Auto Care. I was the one
who conducted the maintenance check-ups for the past three months on
Jose’s vehicle.

Q10: Who is BB Gandanghari?

A10: She is our boss and owner of BB’s Auto Care.
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Q11: I am marking this Official Receipts issued by BB’s Auto Care as
“Annexes 1, 2, and 3” to substantiate the evidence of third-party
defendant. Do you understand?
A11: Yes, sir.

Q12: If you will be presented before the court, would you be able to
testify that the Mitsubishi Canter vehicle of Jose Terrado with plate
number ABS 876 was in its utmost condition a day prior to the accident?
A12: Yes.

Q13: Under your present oath, do you affirm and confirm the
truthfulness of the contents of your Judicial Affidavit?
A13: Yes, sir.

Q14: Do you want to add anything more to this Judicial Affidavit?

A14: No more, sir.

Q15: Are you willing to sign this Judicial Affidavit?

A15: Yes, sir.

Q16: Do you understand that any false information that you give may
subject you to criminal prosecution for perjury?
A16: Yes, sir.

IN WITNESS WHEREOF, I have hereunto set my hand this 1st day of

December 2018 at Baguio City, Philippines.
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MIKE KANEKO
Page

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

SUBSCRIBED AND SWORN TO before me this 1st day of December

2018 at Baguio City, Philippines. Affidavit exhibited to me his Driver’s
License with LTO ID No. 09876 issued on November 19, 2018.

WITNESS MY HAND AND SEAL.

(sgd)
ATTY. HANNAH S. ALIPIO
Notary Public
N.A. No. 01-AL-IP-1
Roll No. 92689
PTR No. 100001B, Baguio City,
01 June 2018
IBP No. 10003
Exempted for the MCLE IV
Compliance Period
Room 3-4, 2nd Floor,
Puso ng Baguio Bldg., Session,
Baguio City

Doc. No.___________
Page No.___________
Book No.___________
Series of 2018
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Page
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 third-party defendant in the present case,
under oath declare and state that:

1. I personally conducted the examination of MIKE KANEKO 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 MIKE
KANEKO.; 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 1st day of December 2018 at Baguio City,

Philippines.

ATTY. SAUL ARIES MARCK V. ORTIZ

Counsel for the Third-Party Defendant
PTR No. 123456789
IBP No. 976583
Roll No. 0567810
MCLE Compliance No. V-156789-12-02
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Page
REPUBLIC OF THE PHILIPPINES)
IN THE CITY OF BAGUIO ) S.S.

SUBSCRIBED AND SWORN TO before me this 1st day of December

2018 at Baguio City, Philippines. Affidavit exhibited to me his Driver’s
License with LTO ID No. 58545 issued on January 3, 2018.

WITNESS MY HAND AND SEAL.

(sgd)
ATTY. HANNAH S. ALIPIO
Notary Public
N.A. No. 01-AL-IP-1
Roll No. 92689
PTR No. 100001B, Baguio City,
01 June 2018
IBP No. 10003
Exempted for the MCLE IV
Compliance Period
Room 3-4, 2nd Floor,
Puso ng Baguio Bldg., Session,
Baguio City

Doc. No.___________
Page No.___________
Book No.___________
Series of 2018
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