Republic of the Philippines

National Capital Judicial Region

Metropolitan Trial Court
Quezon City
Branch __

Spouses Michael Jackstone and Cow Bee Brian-Jackstone,

Plaintiffs,

-versus- Civil Case No. 06-35706

For: Unlawful Detainer

Spouses Lee Brown and Kapy Terry-Brown,

Defendants.

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JUDICIAL AFFIDAVIT OF PURING M. DALISAY

I. OFFER

The testimony of the witness PURING M. DALISAY is being offered to

prove the following:

1. That she is the collector for the payment of rents due to Plaintiffs
Spouses Michael Jackstone and Cow Bee Brian-Jackstone, the
owners of the subject property under the contract of lease.
2. That she is duly authorized by owners to receive a monthly rental
rate of Php 5,951.00 per month.
3. That she did not collect any payment due on February 22, 2020.
4. Identity and Due execution of Documents.

II. JUDICIAL AFFIDAVIT PROPER

I, PURING M. DALISAY, of legal age, married to Ato Dalisay, a

resident of 25 Mapagkawanggawa Street, Teacher’s Village, Quezon
City, after having been sworn in accordance with law, stated that:

The person examining me is Atty. Lyndon Montes with office

address at Unit 202, Corleone Building, Diliman, Quezon City. The

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examination was held on September 18, 2020 at the office aforesaid,
and that I answered the questions fully conscious that I am doing so
under oath and that I may face criminal liability for false testimony or
perjury, as follows:

1. Q-- Please state your name, age, residence and occupation of

the witness.

A -- I am PURING M. DALISAY of legal age, married to ATO F.

DALISAY, a resident of 25 Mapagkawanggawa Street,
Teacher’s Village, Quezon City, and a sari-sari store owner
located at the same.

2. Q-- How are you related to Spouses Michael Jackstone and

Cow Bee Brian-Jackstone, the Plaintiffs in the Civil Case,
pending before the Municipal Trial Court?

A-- I am the assigned collector for the rental payments due for
the said lease contract.

3. Q-- Do you have proof?

A-- Yes, I have this Kasulutan (Exhibit A).

At this juncture, it is respectfully requested that the

Kasulatan be marked as Exhibit “A.” A faithful
reproduction of the same is likewise attached (as
previously stipulated by the parties.

4. Q-- Do you know Spouses Lee Brown and Kapy Terry-Brown?

A-- Yes.

5. Q-- What is your relationship with them?

A-- They are the lessees of the property. They are also the
tenants next door. I have been collecting the rental payments
from that unit since January 1994.

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6. Q -- Do they still live in the said property?

A-- Yes. I see them almost everyday. They even buy some
essential goods in my sari-sari store.

7. Q-- Were you ever remiss in your duties of collecting their rental
dues from them?

A-- No.

8. Q-- What is the usual mode of payment?

A-- Cash.

9. Q-- Who usually pays for it?

A-- Mr. Lee Brown.

10. Q-- When was the last payment you received from him?

A-- January 22, 2020. I have a copy of official receipt No. 22

issued to him. (Exhibit B)

At this juncture, it is respectfully requested that the official

receipt be marked as Exhibit “B.” A faithful reproduction of
the same is likewise attached (as previously stipulated by
the parties.

11. Q-- After this payment, did you receive any other rental
payments from him?

A-- No. I was instructed by my boss, Mr. Michael Jackstone to

personally ask Mr. Lee Brown for payments but to no avail.

12. Q-- Were you able to reach out and contact Mr. Lee
Brown?

A-- Yes.

13. What did you tell him?

A-- Through verbal requests and text messages, I demanded

for the rental payments due to the Spouses Jackstone. These

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 are the screenshots of our call log and exchange of text
messages.

At this juncture, it is respectfully requested that the

screenshot printouts be marked as Exhibit “C.” A faithful
reproduction of the same is likewise attached (as
previously stipulated by the parties.

14. Q-- Do you also collect from other units?

A-- No. I only collect for one unit and that unit is the one being
rented by Mr. Lee Brown.

15. Q-- So, after the issuance of Official Receipt No. 22, none
was ever issued again?

A-- None. Here is the bundle of official receipts which would

indicate that the last receipt issued was official receipt no. 22.

At this juncture, it is respectfully requested that the bundle

of official receipts be marked as Exhibit “D.” A faithful
reproduction of the same is likewise attached (as
previously stipulated by the parties.

16. Q-- What did your boss say after that?

A-- Boss Mike (Michael) said that he will talk to his lawyer.

No further questions.

IN WITNESS WHEREOF, I hereby affix my signature this 18th

day of September 2020, Quezon City, Philippines, after answering the
questions with full knowledge that I do so under oath and I may face
criminal liability for false testimony or perjury.

(signed)
PURING M. DALISAY
Affiant

SUBSCRIBED AND SWORN to before me by PURING M. DALISAY,

who is identified by me through competent evidence of identity to be

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the same person who presented the foregoing instrument and signed
the same in my presence, this 18th day of September 2020, at Quezon
City, Philippines, the affiant exhibiting to me her Passport issued by
DFA Manila with No. EC80184822.

(signed)
ATTY. MOIRA LOUISE SARMIENTO
Notary Public for Quezon City
Appointment No. 508 until 31 December 2020
Roll No. 59023
IBP No. 746815, issued 1 January 2020; IBP Quezon City
Chapter;
PTR No. 53971, issued 1 January 2020; Quezon City

Doc. No. 5;
Page No. 2;
Book No. 7;
Series of 2020.

ATTESTATION OF COUNSEL

I, ATTY. LYNDON MONTES of legal age, single, and holding

office at PMS Law Firm, Unit 202, Corleone Building, Diliman,
Quezon City, Philippines, state under oath as follows:

1. I have conducted and supervised the examination of the

affiant;
2. I have faithfully recorded the questions I propounded to the
affiant and the corresponding answers of the latter; and
3. Neither I nor any other person then present or assisting me
coached the affiant regarding the latter’s answers.

I am executing this certification to attest truth to the foregoing.

IN WITNESS WHEREOF, I have hereunto set my hand this

18th day of September at Quezon City, Philippines.

(signed)
ATTY. LYNDON MONTES

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 SUBSCRIBED AND SWORN to before me by LYNDON
MONTES, who is identified by me through competent evidence of
identity to be the same person who presented the foregoing instrument
and signed the same in my presence, this 18th day of September 2020,
at Quezon City, Philippines, the affiant exhibiting to me IBP ID No.
5920301.

(signed)
ATTY. MOIRA LOUISE SARMIENTO
Notary Public for Quezon City
Appointment No. 508 until 31 December 2020
Roll No. 59023
IBP No. 746815, issued 1 January 2020; IBP Quezon City
Chapter;
PTR No. 53971, issued 1 January 2020; Quezon City

Doc. No. 5;
Page No. 8;
Book No. 6;
Series of 2020.

Copies Furnished:
ATTY. PAOLO INFANTE
Counsel for the Defendant [BY HAND]
CAPACITE, CHANG, AND INFANTE LAW OFFICES
12th Floor, 100 Corporate Center, Sen. Gil J. Puyat Avenue cor.
Tindalo St.,
Makati City, 1200 Metro Manila, Philippines
paolo.infante@ccilawoffices.com
Roll No. 31996
IBP Receipt No. 23456; January 13, 2019; Makati Chapter
PTR No. 00956; January 4, 2019; Makati City
MCLE Compliance No. S-334A; December 13, 2019; Makati City

Branch Clerk of Court

Metropolitan Trial Court, Quezon City [BY HAND]
Branch 71

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EXHIBIT D

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