Republic of the Philippines

REGIONAL TRIAL COURT

Sixth Judicial Region
Iloilo City
Branch 23

LAURENCE JOHN
SORTIGOSA,
Plaintiff,

-versus- Civil Case No. 12-3456

For: Recovery of Ownership

SPS. RENZO BEAVER

BALBERONA AND PATRICE
MARIE NAVA,
Respondents.

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JUDICIAL AFFIDAVIT
OF HARMAEIN SHIRLESTHER G. KUA
(Pursuant to SC A.M. No. 12-8-8-SC)

The Judicial Affidavit of Atty. Harmaein Shirlesther Kua is executed to serve

her direct testimony in the instant case.

I, HARMAEIN SHIRLESTHER KUA, of legal age, single, Filipino, and residing at

117 Ledesma Street, Iloilo City, state under oath as follows: after having been duly
sworn to in accordance with law in answer to the questions asked of me by Atty. Ralf
Owen Dela Cruz in his office at Room 302, La Sallette Building Valeria Street, Iloilo
City, on June 17, 2019 at 12:00 P.M. fully conscious that I do so under oath and that I
may face criminal liability for false testimony or perjury hereby depose and state:

PRELIMINARY STATEMENT

The person examining me is Atty. Owen Dela Cruz, of legal age, with office address
at Cruz and Monsale Law Firm, Room 302, La Sallette Building, Valeria Street, Iloilo
City. The examination is being held at the same address. I am answering his questions
full conscious that I do so under oath and may may face criminal liability for false
testimony or perjury.

PURPOSE: This affidavit/testimony of the Harmaein Shirlesther G. Kua is being

offered as evidence to prove that there was a valid contract executed freely, voluntary
and consciously between Laurence John Sortigosa, the Plaintiff in this action and Sps
Renzo and Patrice Balberona, respondents in this action.

Q: Can you tell me your personal circumstances?

A: I am Harmaein Shirlesther G. Kua, of legal age, single, Filipino and residing at 117
Ledesma Street, Iloilo City. That I am the one who notarized the contract under
question by the parties in this case.

Q: Why are you executing foregoing sworn statement?

A: I am executing this sworn statement to be adopted as my direct examination in this
case to prove the existence and validity of the contract and also to prove that such was
freely, voluntarily and consciously executed.

Q: What was the nature of the contract you notarized?

A: It was a lease to own contract.

Q: When did this happened?

A: The execution of the contract happened on or about December 26, 2014 at my law
office when my personal friend LJ Sortigoza asked me to notarize a lease contract
regarding his property.

Q: Who are the parties involved?

A: The “LESSOR” is LJ Sortigoza as evident of the Driver License: 1233456. The
“LESSEE” SPS Renzo and Patrice Balberona as stated in the Driver Licenses No.
789101 and 77771 respectively.

Q: Did the parties appear before you together when you notarized the document?
A: Yes, they appeared before me. I do not notarize documents if the parties do not
appear before me as it is a violation of the notarial law.

Q: Were you the one who drafted the contract?

A: No, I only notarized the contract, the terms and conditions of which were
stipulated by the parties themselves.

Q: How can you tell that they were the ones who stipulated the terms and conditions
of the contract?
A: When they went to my office, they already had the contract on hand, and as part of
my practice, I asked them standard questions which dwell into the validity of the
stipulations of written agreements and one of the questions I propounded was who
took on the responsibility of drafting the terms of the contract, to which they replied
that it was them collectively and it was done according to their own agreement.

Q: Who do you mean by “them”?

A: Laurence John Sortigosa and Spouses Renzo and Patrice Balberona.

Q: How were you able to ascertain that they were indeed the people they claim to be?
A: I asked for their respective government issued identification cards.

Q: Can you still recall their demeanor when they went to your office?
A: As far as I can remember, they were laughing and were really close when they
went to my office.

Q: When they said they were the ones who drafted the contract, how were you able to
ascertain that it was not done under duress or it was consciously done?
A: As part of my standard practice, before notarizing any document especially that of
contractual agreements, I let the parties take turn in reading the document to ensure
that they know what will they be signing into, that they are doing it out of their own
free act and that no hidden terms and conditions that are drafted will be signed into by
the party who merely fixes their signature

Q: Can you still recall the content and/or consideration of the contract?
A: It was a 10 year rent to own contract with a stipulation that the lessee shall pay Php
100,000 pesos on a monthly basis and the lessor will have to entrust the title of the
property during the period of the lease to the lessee to ensure that the lessee will have
a peaceful possession of the property during the period of the lease.

Q: After reading the document and ascertaining facts and circumstances that dwell
into the validity of the contract, did you notarize it right away?
A: Yes.

Q: What happened after the contract was notarized?

A: I took the extra copy for me to put in my books as part of the requirement set out
by the notarial law and they went out of the office together. I haven’t heard from them
since then until I was called on to testify on this case regarding the facts and
circumstances surrounding the contract I notarized.

IN WITNESS WHEREOF, I hereby affix my signature this June 29, 2019, in the
Iloilo.
HARMAEIN SHIRLESTHER G. KUA
AFFIANT

ATTESTATION
I hereby attest that on this 29th day of June 2019, I have personally examined
HARMAEIN SHIRESTHER G. KUA; and that I have faithfully recorded or caused to
be recorded the questions asked and the corresponding answers thereto made by her. I
further attest that neither I, nor any other person herein present or assisting me,
coached HARMAEIN SHIRLESTHER G. KUA regarding her answers.

City of Iloilo. June 29, 2019.

SUBSCRIBED AND SWORN to before me this 29th day of June 2019 in

Iloilo City. Affiant exhibited to me their identification cards bearing their photograph
and signature, as follows:
Name: Issued by/ID No.:
HARMAEIN SHIRLESTHER G. KUA IBP ID – No 12-1845
known to me to be the same persons who executed the foregoing document.
 WITNESS MY HAND AND SEAL on the date and at the place first above-
written.
ATTY. JOHN FAMASO
Doc. No. _____; Notary Public
Page No. _____; Room 302, La Sallette Building
Valeria Street, Iloilo City 5000;
Book No._____; Contact No. (033) 501-1404
SERIES of 2019. PTR No. 1231234; 2/14/16; Iloilo City
IBP No. 1231234; 3/14/15; Iloilo City
Copy Furnished: Roll of Attorneys No. 12345
MCLE Compliance No. II0012345; 3/14/19

ATTY. CINDY DELFIN AND ATTY. ALISSANDRA MARIE PALENCIA

Counsels for the Respondents
Delfin and Palencia Law Office
Room 302, La Sallette Building,
Valeria Street, Iloilo City

Received by:_______________
Date:_____________________