JUDICIAL AFFIDAVIT RULE

Effectivity and Purpose of the Judicial Affidavit Rule

The Judicial Affidavit Rule requires that direct examination of a witness, which is the examination-in-chief of a witness by the
party presenting him on the facts relevant to the issue, shall be in the form of judicial affidavits, subject to the usual mode of
cross-examination.
When is the Rule effective?
The Rule took effect on 1 January 2013. However, in criminal cases without private prosecutors, the Supreme Court allowed
public prosecutors in first- and second-level courts until the end of 2013 to utilize the affidavits of the complainant and his
witnesses prepared and submitted in connection with the investigation and filing of the Information in court. Public prosecutors
are required to fully comply with the Rule by 1 January 2014.
During the one-year period when the concession is in effect, the attending public prosecutor, upon presenting the witness,
shall require the witness to affirm what the sworn statement contains and may only ask the witness additional direct
examination questions that have not been amply covered by the sworn statement.
The concession does not apply in criminal cases where the private complainant is represented by a duly empowered private
prosecutor, who has the obligation to comply with the Rule.
The reasons for the issuance of the Rule
Case congestion and delays plague most courts in cities, given the huge volume of cases filed each year and the slow and
cumbersome adversarial system that the judiciary has in place. About 40% of criminal cases are dismissed annually owing to
the fact that complainants simply give up coming to court after repeated postponements. Few foreign businessmen make
long-term investments in the Philippines because its courts are unable to provide ample and speedy protection to their
investments, keeping its people poor.
In order to reduce the time needed for completing the testimonies of witnesses in cases under litigation, on 21 February 2012
the Supreme Court approved for piloting by trial courts in Quezon City the compulsory use of judicial affidavits in place of the
direct testimonies of witnesses. It is reported that such piloting has quickly resulted in reducing by about two-thirds the time
used for presenting the testimonies of witnesses, thus speeding up the hearing and adjudication of cases. The adoption of the
Rule hopes to replicate nationwide the success of the Quezon City experience in the use of judicial affidavits.
These reasons for the issuance of the Judicial Affidavit Rule are contained in the whereas clauses of A.M. No. 12-8-8-SC.
Scope of Application of the Judicial Affidavit Rule
What is the scope of application of this rule?
The applicability of this rule may refer to: (a) the courts where the rule will apply; (b) the kinds of cases or proceedings where
the rule will apply; (c) the stage of the proceeding.
Type of cases
This Rule shall apply to all actions, proceedings, and incidents requiring the reception of evidence. However, the Rule shall
not apply to small claims cases under A.M. 08-8-7-SC.
The Rule may apply to criminal cases in three situations, as follows: (1) The maximum of the imposable penalty does not
exceed six years; (2) regardless of the penalty involved, with respect to the civil aspect of the actions, or where the accused
agrees to the use of the Rule.
Courts where the Rule are applicable
1. The Metropolitan Trial Courts, the Municipal Trial Courts in Cities, the Municipal Trial Courts, the Municipal Circuit Trial
Courts.
2. Sharia Circuit Courts, Sharia District Courts and the Sharia Appellate Courts.
3. Regional Trial Courts.
4. Sandiganbayan.
5. Court of Tax Appeals.
6. Court of Appeals.
7. Investigating officers and bodies authorized by the Supreme Court to receive evidence, including the Integrated Bar of the
Philippine (IBP).
8. Special courts and quasi-judicial bodies, whose rules of procedure are subject to disapproval of the Supreme Court, insofar
as their existing rules of procedure contravene the provisions of this Rule.
Service and filing of the Judicial Affidavit
The parties shall serve on the adverse party and file with the court not later than five days before pre-trial or preliminary
conference or the scheduled hearing with respect to motions and incidents.

This Rule amends the existing minimum period, which is three days, for the service and filing of the pre-trial brief. Under the
new Rule, considering that the judicial affidavit must be attached to the pre-trial brief, the latter must be served and filed within
five days.
Service and filing of the judicial affidavit in criminal cases
This is the only portion of the Rule that provides a separate provision for criminal cases, veering from the simultaneous filing
of judicial affidavits by the parties. The general rule is reiterated, but this time applicable only to the prosecution, to submit the
judicial affidavits of its witnesses not later than five days before the pre-trial, serving copies of the same upon the accused.
The complainant or public prosecutor shall attach to the affidavits such documentary or object evidence as he may have,
marking them as Exhibits A, B, C and so on. No further judicial affidavit, documentary, or object evidence shall be admitted at
the trial.
If the accused, on the other hand, desires to be heard on his defense after receipt of the judicial affidavits of the prosecution,
he shall have the option to submit his judicial affidavit as well as those of his witnesses to the court within ten days from
receipt of such affidavits and serve a copy of each on the public and private prosecutor, including his documentary and object
evidence previously marked as Exhibits 1, 2, 3, and so on. These affidavits shall serve as direct testimonies of the accused
and his witnesses when they appear before the court to testify.
It is interesting to note that only the paragraph applicable to the prosecution contains the provision that: No further judicial
affidavit, documentary, or object evidence shall be admitted at the trial. Does this mean that the accused is covered by the
general rule, which allows the late filing of the affidavit?
How is the service/filing done?
The Rule specifies only two manners of service or filing of the affidavit: by personal service or by licensed courier service. It is
interesting that there is no express mention of registered mail and it is logical that the term courier service does not refer to,
and does not include, registered mail. The purpose of the Rule is to expedite cases and there can be no reliance on the
presumptive receipt by reason of registered mail.
There is no overriding reason why registered mail should be removed as a manner of service/filing. A party could send the
judicial affidavit way in advance by registered mail. It is the partys lookout if the other party or court indeed received the
judicial affidavit within the prescribed period.
Another minor issue is when is a courier service considered licensed? The rule is not clear whether a separate license or
accreditation for courier service providers on top of the SEC registration. It appears that other than the usual government
registration, there is no need for separate Supreme Court accreditation.
These issues can be dispensed with by deleting the portion providing for personal service or by courier. This is surplusage.
The intent of the Rule is to ENSURE receipt of the judicial affidavit by the court and other party at least five days before the
pre-trial or hearing, and the Rule can simply so provide, just like in pre-trial rules.
Can you submit amended or supplemental affidavits?
There may be instances when it is necessary to execute a supplemental or amended affidavit, like in the case of newlydiscovered evidence. Is this allowed and, if so, how should it be done?
Required contents of a judicial affidavit under the Judicial Affidavit Rule
The judicial affidavit shall contain the following:
1. The name, age, residence or business address, and occupation of the witness;
2. The name and address of the lawyer who conducts or supervises the examination of the witness and the place where the
examination is being held;
3. A statement that the witness is answering the questions asked of him, fully conscious that he does so under oath, and that
he may face criminal liability for false testimony or perjury;
4. Questions asked of the witness and his corresponding answers, consecutively numbered, that:
(i) Show the circumstances under which the witness acquired the facts upon which he testifies;
(ii) Elicit from him those facts which are relevant to the issues that the case presents; and
(iii) Identify the attached documentary and object evidence and establish their authenticity in accordance with the Rules of
Court;
5. The signature of the witness over his printed name;
6. A jurat with the signature of the notary public who administers the oath or an officer who is authorized by law to administer
the same.
7. Attestation of the lawyer.
What is a jurat?
A jurat, which is different from an acknowledgment as defined under the Rules on Notarial Practice, refers to an act in which
an individual on a single occasion: (a) appears in person before the notary public and presents an instrument or document; (b)
is personally known to the notary public or identified by the notary public through competent evidence of identity as defined by
these Rules; (c) signs the instrument or document in the presence of the notary; and (d) takes an oath or affirmation before
the notary public as to such instrument or document. (Rule 2, Sec. 6 of the 2004 Rules on Notarial Practice, A.M. No. 02-8-13SC)

It is important to note the strict requirement that, in the execution of the jurat, the requisite competent evidence of identity must
include at least one current identification document issued by an official agency bearing the photograph and signature of the
individual.
For purposes of comparison, acknowledgment refers to an act in which an individual on a single occasion: (a) appears in
person before the notary public and presents an integrally complete instrument or document; (b) is attested to be personally
known to the notary public or identified by the notary public through competent evidence of identity as defined by the notarial
rules; and (c) represents to the notary public that the signature on the instrument or document was voluntarily affixed by him
for the purposes stated in the instrument or document, declares that he has executed the instrument or document as his free
and voluntary act and deed, and, if he acts in a particular representative capacity, that he has the authority to sign in that
capacity.
What is the sworn attestation of the lawyer?
One of the problems with the Rule is the fact that judges only have limited opportunity to observe the demeanor of the
witnesses.
Moreover, even if lawyers briefed the witness, the oral answer given by the witness during direct examination is almost wholly
dependent on the witness. This is no longer true under this Rule because the lawyer prepares the judicial affidavit which takes
the place of the direct testimony.
Thus, it is now required that the judicial affidavit shall contain a sworn attestation at the end, executed by the lawyer who
conducted or supervised the examination of the witness, to the effect that:
1. He faithfully recorded or caused to be recorded the questions he asked and the corresponding answers that the witness
gave; and
2. Neither he nor any other person then present or assisting him coached the witness regarding the latters answers.
To put teeth to this prohibition, the Rule provides that a false attestation shall subject the lawyer mentioned to disciplinary
action, including disbarment. There is no requirement that the lawyer who prepared the judicial affidavit must be the one to
present the witness in court.
What language should be used in the affidavit?
A judicial affidavit shall be prepared in the language known to the witness and, if not in English or Filipino, accompanied by a
translation in English or Filipino.
Offer of Testimony and Objections under the Judicial Affidavit Rule
Under the Rules of Court, as regards the testimony of a witness, the offer must be made at the time the witness is called to
testify (Rule 132, Sec. 34). The Rule, on the other hand, provides that party presenting the judicial affidavit of his witness in
place of direct testimony shall state the purpose of such testimony at the start of the presentation of the witness. This
provision, in relation to the enumerated required contents of an affidavit, means that the purpose is NOT required to be
indicated in the judicial affidavit. Some judges nevertheless require that the purpose be stated in the judicial affidavit, a
practice unilaterally resorted by some lawyers for convenience.
How does the opposing party make objections?
Objection to a witness may take the form of: (a) a disqualification from testifying; or (b) to a specific question raised. Under the
Rules of Court, objection to a question propounded in the course of the oral examination of a witness shall be made as soon
as the grounds therefor shall become reasonably apparent (Rule 132, Sec. 36). The adverse party may move to disqualify the
witness or to strike out his affidavit or any of the answers found in it on ground of inadmissibility. The court shall promptly rule
on the motion and, if granted, shall cause the marking of any excluded answer by placing it in brackets under the initials of an
authorized court personnel, without prejudice to a tender of excluded evidence under Section 40 of Rule 132 of the Rules of
Court.
Offer of Testimony and Objections under the Judicial Affidavit Rule
[This is Part 6 of 11 of the discussion on the Judicial Affidavit Rule, so read theIntroduction first; See full text of A.M. No. 128-8-SC, approving the Judicial Affidavit Rule]
Under the Rules of Court, as regards the testimony of a witness, the offer must be made at the time the witness is called to
testify (Rule 132, Sec. 34). The Rule, on the other hand, provides that party presenting the judicial affidavit of his witness in
place of direct testimony shall state the purpose of such testimony at the start of the presentation of the witness. This
provision, in relation to the enumerated required contents of an affidavit, means that the purpose is NOT required to be
indicated in the judicial affidavit. Some judges nevertheless require that the purpose be stated in the judicial affidavit, a
practice unilaterally resorted by some lawyers for convenience.
How does the opposing party make objections?
Objection to a witness may take the form of: (a) a disqualification from testifying; or (b) to a specific question raised. Under the
Rules of Court, objection to a question propounded in the course of the oral examination of a witness shall be made as soon
as the grounds therefor shall become reasonably apparent (Rule 132, Sec. 36). The adverse party may move to disqualify the
witness or to strike out his affidavit or any of the answers found in it on ground of inadmissibility. The court shall promptly rule
on the motion and, if granted, shall cause the marking of any excluded answer by placing it in brackets under the initials of an
authorized court personnel, without prejudice to a tender of excluded evidence under Section 40 of Rule 132 of the Rules of
Court.
Documentary and Object Evidence under the Judicial Affidavit Rule
[This is Part 7 of 11 of the discussion on the Judicial Affidavit Rule, so read theIntroduction first; See full text of A.M. No. 128-8-SC, approving the Judicial Affidavit Rule]
How should the party presenting the witness identify and mark documentary evidence?

The parties documentary or object evidence, if any, which shall be attached to the judicial affidavits and marked as Exhibits A,
B, C, and so on in the case of the complainant or the plaintiff, and as Exhibits 1, 2, 3, and so on in the case of the respondent
or the defendant.
How can the party or witness keep the original of the documentary or object evidence?
Litigants and witnesses, for good reasons, often prefer to keep the original of the document that is to be presented in and
submitted to the court. The Rule provides for the following procedure:
1. Attach the document or evidence to the judicial affidavit of the witness/es. This must be done obviously before the
pre-trial conference or the hearing. This is done by attaching the photocopy of the document, or the reproduction or
photograph of the object evidence. The Rule provides that should a party or a witness desire to keep the original document or
object evidence in his possession, he may, after the same has been identified, marked as exhibit, and authenticated, warrant
in his judicial affidavit that the copy or reproduction attached to such affidavit is a faithful copy or reproduction of that original.
2. Bring the original during the pre-trial or preliminary conference. This is required under pre-trial rules, so the document
may be preliminarily marked as evidence and compared with the original, if needed. The Rule provides that the party or
witness shall bring the original document or object evidence for comparison during the preliminary conference with the
attached copy, reproduction, or pictures, failing which the latter shall not be admitted. As provided under pre-trial rules and
reiterated in the Rule, evidence not pre-marked shall not be admissible as evidence. The Rule indicates that the pre-marking
is done by the parties themselves, not the clerk of court as provided in the existing pre-trial rules. If so, the requirement of
preliminary conference under Circular No. A.M. No. 03-1-09-SC (Guidelines to be Observed by Trial Court Judges and Clerks
of Court in the Conduct of Pre-Trial and use of Deposition-Discovery Measures), which is conducted before the pretrial
conference for the purpose of pre-marking documents before the clerk of court, should be dispensed with and revised/deleted
from the rules of procedure to avoid surplusage.
Nevertheless, there may be an instance when a party would subsequently want to retain an original previously attached to the
judicial affidavit. The Rule does not provide for the procedure in such case. It is recommended that if the party attached the
original to the judicial affidavit and would want to retain possession of that original document, the party must, during the
presentation of the witness, request that the copy be compared to the original, request for a stipulation that the copy is a
faithful reproduction of the original, and request that the marking be transferred to the copy.
Cross-examination and Re-Direct Examination under the Judicial Affidavit Rule
[This is Part 8 of 11 of the discussion on the Judicial Affidavit Rule, so read theIntroduction first; See full text of A.M. No. 128-8-SC, approving the Judicial Affidavit Rule]
The adverse party shall have the right to cross-examine the witness on his judicial affidavit and on the exhibits attached to the
same. The party who presents the witness may also examine him as on re-direct. In every case, the court shall take active
part in examining the witness to determine his credibility as well as the truth of his testimony and to elicit the answers that it
needs for resolving the issues.
Resort to subpoena under the Judicial Affidavit Rule
[This is Part 9 of 11 of the discussion on the Judicial Affidavit Rule, so read theIntroduction first; See full text of A.M. No. 128-8-SC, approving the Judicial Affidavit Rule]
There is no need for a judicial affidavit if the witness is called to testify through a subpoena. If the government employee or
official, or the requested witness, unjustifiably declines to execute a judicial affidavit or refuses without just cause to make the
relevant books, documents, or other things under his control available for copying, authentication, and eventual production in
court, the requesting party may avail himself of the issuance of a subpoena ad testificandum or duces tecum under Rule 21 of
the Rules of Court. The rules governing the issuance of a subpoena to the witness in this case shall be the same as when
taking his deposition except that the taking of a judicial affidavit shall be understood to be ex parte.
On the other hand, this provision expressly applies to requested witnesses who are neither the witness of the adverse party
nor a hostile witness. Whats the reason for the exclusion? What rule should apply?
Formal offer of evidence and objections under the Judicial Affidavit Rule
[This is Part 10 of 11 of the discussion on the Judicial Affidavit Rule, so read theIntroduction first; See full text of A.M. No.
12-8-8-SC, approving the Judicial Affidavit Rule]
The formal offer of documentary or object evidence shall be made upon the termination of the testimony of a partys last
witness. This obviously means that this is done when a party rests its case, and not every time the testimony of each witness
is terminated.
The formal offer is made orally in open court, which shows an obvious intent to do away with the option of filing a written
formal offer of evidence allowed under existing rules. A party shall immediately make an oral offer of evidence of his

documentary or object exhibits, piece by piece, in their chronological order, stating the purpose or purposes for which he
offers the particular exhibit.
After each piece of exhibit is offered, the adverse party shall state the legal ground for his objection, if any, to its admission,
and the court shall immediately make its ruling respecting that exhibit.
Since the documentary or object exhibits form part of the judicial affidavits that describe and authenticate them, it is sufficient
that such exhibits are simply cited by their markings during the offer of evidence, the objections, and the rulings, dispensing
with the description of each exhibit.
Effects of Non-Compliance with the Judicial Affidavit Rule
[This is Part 11 of 11 of the discussion on the Judicial Affidavit Rule, so read theIntroduction first; See full text of A.M. No.
12-8-8-SC, approving the Judicial Affidavit Rule]
There are different consequences in case of: (1) failure to file the judicial affidavit; (1) failure to comply with the prescribed
requirements; or (3) absence during the scheduled trial date.
1. Failure to file judicial affidavit
A party who fails to submit the required judicial affidavits and exhibits on time shall be deemed to have waived their
submission. The Rule allows for an exception, provided the following requirements are present:
a. It must be with leave of court. The court has the discretion whether to allow it.
b. The delay must be for a valid reason. The Rule does not indicate at what point the late submission is allowed. The abovequoted provision, which applies to criminal cases, trial starts with the presentation of the first witness (see Rule 30 of the
Rules of Court), which gives the impression that no additional affidavits or evidence may be allowed upon presentation of the
first witness. If this so, will this also apply to non-criminal cases?
c. It would not unduly prejudice the opposing party. This is quite surprising considering that any additional evidence naturally
favors the presenting party and, therefore, prejudices the other party.
d. The defaulting party pays a fine of not less than P1,000.00 nor more than P5,000.00, at the discretion of the court.
e. It is availed only once.
This is the general provision and it is not clear whether the exception also applies to criminal cases. The specific rule for
criminal cases provide that: No further judicial affidavit, documentary, or object evidence shall be admitted at the trial. This
gives the impression that the exception applies only in criminal cases.
2. Failure to comply with required contents
The court shall not admit as evidence judicial affidavits that do not conform to the content requirements of Section 3 and the
attestation requirement of Section 4 above. The court may, however, allow only once the subsequent submission of the
compliant replacement affidavits before the hearing or trial provided the delay is for a valid reason and would not unduly
prejudice the opposing party and provided further, that public or private counsel responsible for their preparation and
submission pays a fine of not less than Pl,000.00 nor more than P5,000.00, at the discretion of the court.
3. Absence during the scheduled trial date
The court shall not consider the affidavit of any witness who fails to appear at the scheduled hearing of the case as required.
Counsel who fails to appear without valid cause despite notice shall be deemed to have waived his clients right to confront by
cross-examination the witnesses there present.

The Efficient Use of Paper Rule (A.M. No. 11-9-4-SC)

Recognizing that the judiciary uses excessive quantities of costly paper (for the purpose of saving trees, conserving precious
water and helping mother earth), the Supreme Court issued the Efficient Use of Paper Rule (A.M. No. 11-9-4-SC; see full
text). This Rule, which took effect on 1 January 2013, prescribes the format of pleadings, motions and documents filed in
courts.
Format and Style
a) All pleadings, motions and similar papers intended for the court and quasi-judicial bodys consideration and action (courtbound papers) shall written in single space with one-and-a half space between paragraphs, using an easily readable font
style of the partys choice, of 14-size font, and on a 13 inch by 8.5- inch white bond paper; and

b) All decisions, resolutions and orders issued by courts and quasi-judicial bodies under the administrative supervision of the
Supreme Court shall comply with these requirements. Similarly covered are the reports submitted to the courts and transcripts
of stenographic notes.
Margins and Prints
The parties shall maintain the following margins on all court-bound papers: a left hand margin of 1.5 inches from the edge; an
upper margin of 1.2 inches from the edge; a right hand margin of 1.0 inch from the edge; and a lower margin of 1.0 inch from
the edge.
Every page must be consecutively numbered.
Copies to be filed
Unless otherwise directed by the court, the number of court- bound papers that a party is required or desires to file shall be as
follows:
a. In the Supreme Court, one original (properly marked) and four copies, unless the case is referred to the Court En Banc, in
which event, the parties shall file ten additional copies. For the En Banc, the parties need to submit only two sets of annexes,
one attached to the original and an extra copy. For the Division, the parties need to submit also two sets of annexes, one
attached to the original and an extra copy. All members of the Court shall share the extra copies of annexes in the interest of
economy of paper.
Parties to cases before the Supreme Court are further required, on voluntary basis for the first six months following the
effectivity of this Rule and compulsorily afterwards unless the period is extended, to submit, simultaneously with their courtbound papers, soft copies of the same and their annexes (the latter in PDF format) either by email to the Courts e-mail
address or by compact disc (CD). This requirement is in preparation for the eventual establishment of an e-filing paperless
system in the judiciary.
b. In the Court of Appeals and the Sandiganbayan, one original (properly marked) and two copies with their annexes;
c. In the Court of Tax Appeals, one original (properly marked) and two copies with annexes. On appeal to the En Banc, one
Original (properly marked) and eight copies with annexes; and
d. In other courts, one original (properly marked) with the stated annexes attached to it.
Annexes Served on Adverse Party
A party required by the rules to serve a copy of his court-bound on the adverse party need not enclose copies of those
annexes that based on the record of the court such party already has in his possession. In the event a party requests a set of
the annexes actually filed with the court, the part who filed the paper shall comply with the request within five days from
receipt.
Applicability
This Rule applies to all courts and quasi-judicial bodies under the administrative supervision of the Supreme Court.
The Rule, however, is silent on the effect/s of failure to comply with the requirements.
Republic
Makati City, Metro Manila ) S.S.

of

the

Philippines)

AFFIDAVIT OF LOSS
I, WILHELMINA A. POBRE, of legal age, married, Filipino citizen, with residence address at 51-G Yakal Street, Makati City,
under oath, depose and state:
(1) I, together with my husband, own a Certificate Of Participation No. 0044335 issued by Security Bank in the principal
amount of P100,000.00.
(2) On January 10, 1999 I lost the original of the above Certificate of Participation when we moved to our new house in Makati
City, during which we relocated a number of personal possessions.
(3) Diligent search of said document among our personal effects proved futile and unavailing.
(4) I am executing this affidavit to comply with the requirements of Security Bank for the reconstitution of said document.
Affiant further sayeth naught.
WILHELMINA A. POBRE
SUBSCRIBED AND SWORN to before me this day of August 1999 in Makati City, Metro Manila, affiant exhibiting to her
Community Tax Certificate No. __________ issued on _____________ at ____________.
Doc.
Page

No.
No.

____;
____;

Book
Series of 1999.

No.

____;

NEW REQUIREMENTS FOR ISSUANCE OF AFFIDAVIT OF SUPPORT, EFFECTIVE AUGUST 10, 2014

Purpose of the New Requirements:

To prevent Filipino HSWs from entering the country through Tourists or Visit Visas, thereby circumventing the government
policy against exposing our citizens to human trafficking and other dangers
1. The applicant must be within the 4th degree of consanguinity or affinity spouse, parent, child, grandparent,
grandchildren, uncle, aunt, niece, nephew, 1st cousin only. NO SECOND COUSINS. NO FRIENDS.
(If in the opinion of the processor, the visitor is a legitimate tourist and is just being required by the Immigration an
Affidavit of Support, the processor should refer the matter to the Vice Consul for deliberation. Should the visitor be
found to be a legitimate tourist, the Vice Consul may waive the relationship requirement)
2. Salary Certificate of the applicant, duly stamped by the company and in the company letterhead, must be
presented. Minimum salary to sponsor is 3,500 dirhams.
3. Copy of the trade license of the travel agency or the company facilitating the tourist visa.
4. Copy of the Tourist Visa
5. Copy of Hotel Booking. If staying in the residence of the sponsor, copy of lease contract of the sponsor.
Affidavit of Support and Consent to Travel
A travel clearance is required and shall be secured from the DSWD by the following Filipino citizens:
1.

A minor traveling alone to a foreign country;

2. A minor traveling to a foreign country accompanied by a person other than his/her parents.
3. A minor who is the subject of ongoing custody battle between parents will not be issued a travel clearance unless a Court
Order is issued to allow the child to travel abroad with either one of his/her parents or authorized guardian.
The travel clearance protects minors who travel alone from human traffickers who take advantage on childrens
vulnerabilities. To secure a travel clearance, an Affidavit of Support and Consent to Travel is often required.
AFFIDAVIT OF SUPPORT AND CONSENT TO TRAVEL
I/WE, _______________________, of legal age, Filipino(s), single/married/widow/widower and presently residing at
_______________________ after having been duly sworn to in accordance with law, depose and state:
1. That I/we am/are the biological father/mother/parents of _______________ who was born on ____________ in
_____________.
2.

That said child/children will travel to

______________________________________;

__________________

(country)

for

the

following

reason/s:

3. That said child/children will be leaving on _____________________ and will stay in the said country for a period of
_________________________ and will be taken cared of by ______________________;
4. That
I/we
cannot
personally
travel
_________________________________;

with

my

child/children

due

to

the

following

reasons:

5. That I am/we are giving my/our full consent for the minor child/children to travel abroad to be accompanied by
_________________________;
6. That I/we personally guarantee the financial support of the child/children in the course of his/her/their travel and stay outside the
Philippines and further guarantee that he/she/they will not in any manner become a burden to the Philippine
and ___________ governments.
7. That I/we am/are executing this affidavit in connection with my/our child/children application for a passport at the Department of
Foreign Affairs and/or travel clearance from the Department of Social Welfare and Development for his/her/their travel abroad.

IN
WITNESS
WHEREOF,
_______________, Philippines.

we

__________________
Affiant
Philippine
Passport
No.
_____
Issued
at:
________________
Issued on: ________________

have

hereunto

set

our

hands

this ___________________ in

____________________
Affiant
Philippine
Passport
No.
_____
Issued
at:
________________
Issued on: _______________

SUBCRIBED AND SWORN TO before me this ___________________ in _________________, Philippines, affiants

exhibiting to me their valid proofs of identification.
Doc. No. _____;
Page No. _____;
Book No. _____;
Series of 2013.
AFFIDAVIT OF DESISTANCE

REPUBLIC OF THE PHILIPPINES)

CITY OF MANILA

) S.S.

(the persons and circumstances below is fictional, please revise)

I, Juan del la Cruz, of legal age, single, and a resident of # 123 Main St., Malate, Manila, after having
duly sworn to in accordance with law hereby depose and state:

1. I am the complaining witness for Serious Physical Injuries against Jesus Santos in the case
entitled "People of the Philippines versus Jesus Santos", Criminal Case No. 12345, Metropolitan Trial Court,
Branch No. 11, City of Manila.

2. After my sober and soul searching assessment and analysis of the incident, I have realized that
because I was not wearing my eyeglasses and it was dark, I can not point out, without a doubt the accused
or any other person/s who inflicted harm against me.

3. Since I could not state with certainty and without doubt the liability of Jesus Santos, in fairness to him,
I am permanently withdrawing my complaint against him. I clear him of whatever responsibility or liability to
me.

4. I hereby inform the City Prosecutor of Manila that I am withdrawing my complaint for Serious Physical
Injuries in Criminal Case No. 12345 entitled"People of the Philippines versus Jesus Santos", Metropolitan
Trial Court, Branch No. 11, City of Manila.

5. I likewise request the Metropolitan Trial Court, Branch No. 11, City of Manila to dismiss with prejudice
the said criminal case.

IN WITNESS WHEREOF, I hereby set my hand this __ day of September 20__ at the City of Manila.

Juan de la Cruz
Complaining Witness

SUBSCRIBED AND SWORN to before me this 22nd day of January 20__ at the City of Manila, Philippines.

Romeo Abad
Public Prosecutor

DISTINCTIONS BETWEEN RECANTATION AND AFFIDAVIT OF DESISTANCE

RECANTATION
A witness who previously gave a testimony subsequently declares that his statement were not true
AFFIDAVIT OF DESISTANCE
The complainant states that he didnt really intend to institute the case and he is no longer interested in testifying or
prosecuting
It is only a ground for dismissing the case only if the prosecution can no
accused beyond reasonable doubt without the testimony of the offended party

longer prove the guilt of the

Effect of Affidavit of Desistance in Criminal Case

Effect

of

Affidavit

The
effect
of
It
does
not
criminal
action,
civil
An
affidavit
if
made
action.
You
The
1.

an
bar
but

of
after
Might

kinds
Legal
obviate

of

affidavit
of
the
State
it
operates
desistance
(and
not

Desistance
desistance
or
the
as
a

cannot
before)

Be

of
Desistance
Recognized
by
desistance
the
desistance
criminal
liability
unless

in

Criminal

in
a
criminal
Government
from
waiver
of
the

justify
the

dismissal
institution

Interested
law
under
referred
to
the
overt

case
is
that,
prosecuting
the
right
to
pursue
indemnity.

of
of

the
the

To
Art.
in
or

Case

6
law

complaint
criminal
Know:

of

the
which
preparatory

RPC
would
act

already
2.

committed
in
themselves
what
the
desistance
actual
desistance
the
attempted
stage
of
the
for

Factual
after

Sample
in

Bar

Exam

Questions
a

About

the

constitute

a
felony
other
than
actor
intended.
of
the
actor
which
is
made
crime;
the
actor
is
still
liable
the
attempt.
Effect
of
Criminal

Affidavit

of

Desistance
Case.

Rape;
1.

Effect;
Affidavit
of
Desistance
(1993)
Ariel
intimidated
Rachel,
a
mental
retardate,
with
a
bolo
into
having
sexual
Intercourse
with
him.
Rachel's
mother
immediately
filed
a
complaint,
supported
by
her
sworn
statement,
before
the
City
Prosecutor's
Office.
After
the
necessary
preliminary
investigation,
an
information
was
signed
by
the
prosecutor
but
did
not
contain
the
signature
of
Rachel
nor
of
her
mother.
Citing
Art.
344
of
the
RPC
(prosecution
of
the
crimes
of
rape,
etc.),
Ariel
moves
for
the
dismissal
of
the
case.
Resolve
with
reasons.

2.

After
the
prosecution
had
rested
its
case,
Ariel
presented
a
sworn
affidavit
of
desistance
executed
by
Rachel
and
her
mother
stating
that
they
are
no
longer
interested
in
prosecuting
the
case
and
that
they
have
pardoned
Ariel.
What
effect
would
this
affidavit
of
desistance
have
on
the
criminal
and
civil
aspects
of
the
case?
Explain
fully.
1.
The

2.

The
affidavit
of
civil

SUGGESTED
case
should
of
desistance
will
only
liability
but
not
criminal
should

not
amount
liability

ANSWER:
dismissed.
condonation
the
case
proceed.

be
to

the
hence

still

Dismissal;
Provisional
Dismissal
(2003)
Before
the
arraignment
for
the
crime
of
murder,
the
private
complainant
executed
an
Affidavit
of
Desistance
stating
that
she
was
not
sure
if
the
accused
was
the
man
who
killed
her
husband.
The
public
prosecutor
filed
a
Motion
to
Quash
the
Information
on
the
ground
that
with
private
complainants
desistance,
he
did
not
have
evidence
sufficient
to
convict
the
accused.
On
02
January
2001,
the
court
without
further
proceedings
granted
the
motion
and
provisionally
dismissed
the
case.
The
accused
gave
his
express
consent
to
the
provisional
dismissal
of
the
case.
The
offended
party
was
notified
of
the
dismissal
but
she
refused
to
give
her
consent.
Subsequently,
the
private
complainant
urged
the
public
prosecutor
to
refile
the
murder
charge
because
the
accused
failed
to
pay
the
consideration
which
he
had
promised
for
the
execution
of
the
Affidavit
of
Desistance.
The
public
prosecutor
obliged
and
refiled
the
murder
charge
against
the
accused
on
01
February
2003,
the
accused
filed
a
Motion
to
Quash
the
Information
on
the
ground
that
the
provisional
dismissal
of
the
case
had
already
become
permanent.
(6%)
a.

Was

the
provisional
Resolve

b.
a.

b.

of
Motion

the

case

proper?
Quash.

to

SUGGESTED
ANSWER:
The
provisional
dismissal
of
the
case
was
proper
because
the
accused
gave
his
express
consent
thereto
and
the
offended
party
was
notified.
It
was
not
necessary
for
the
offended
party
to
give
her
consent
thereto.
(Sec.
8
of
Rule
117).
The
motion
to
quash
the
information
should
be
denied
because,
while
the
provisional
dismissal
had
already
become
permanent,
the
prescriptive
period
for
filing
the
murder
charge
had
not
prescribed.
There
was
no
double
jeopardy
because
the
first
case
was
dismissed
before
the
accused
had
pleaded
to
the
charge.
(Sec.
7
of
Rule
117).

Confession;
If
the

1.
2.

dismissal
the

accused
extrajudicial
accused

Is

that
What

is

Affidavit
on

testimony
the

of
the
witness
confession
in
admissible
probative

stand
the

Recantation
repeats
his
earlier
implicating
his
crime

in
evidence
value
of

against
the
a
witness'

(1998)
uncounseled
cocharged,
latter?
Affidavit

(3%)
of

Recantation?
1.
2.

(2%)

SUGGESTED
ANSWER:
accused
can
testify
by
repeating
his
earlier
extrajudicial
confession,
because
he
can
be
subjected
to
cross-examination.
On
the
probative
value
of
an
affidavit
of
recantation,
courts
look
with
disfavor
upon
recantations
because
they
can
easily
be
secured
from
witnesses,
usually
through
intimidation
or
for
a
monetary
consideration,
Recanted
testimony
is
exceedingly
unreliable.
There
is
always
the

Yes.

The
uncounseled

probability.

REPUBLIC OF THE PHILIPPINES

(Province of Cebu )Municipality of Minglanilla )
AFFIDAVIT OF DESISTANCE
I, JOSEFA CACINTO, of legal age, married and a resident of Linao, Talisay City, Cebu Phil., after having been duly sworn
inaccordance with law, do hereby depose and say:
1. That I am the private complainant in Criminal Case No.11-08-33 entitled People of the Philippines vs. JUNELFIGUERAS for
THEFT;
2. That after this case was filed in Court, the accused of this case asked forgiveness and I have decided to forgive the
accused of this case for the spirit of understanding and reconciliation;
3. That I am no longer interested in further prosecuting this case and without my cooperation in further proceeding this case
will be an exercise in futility;
4. In light of the foregoing, I hereby ceased and desist in prosecuting the aforesaid case and prayed to this Honorable Court
that this case be dismissed.IN WITNESS WHEREOF,I have hereunto set my hand and affixed my signature this 11th day of
August 2011 at Minglanilla, Cebu, Philippines.
JOSEFA CACINTO
Affiant
SUBSCRIBED AND SWORN to before me this 11th day of August 2011 in Minglanilla, Cebu. I hereby certify that I have
personally examined the affiant herein and I am fully satisfied that she executed voluntarily and understood her own affidavit.
Affidavit of Good Faith
AFFIDAVIT OF GOOD FAITH
We, the undersigned MORTGAGOR AND MORTGAGEE hereby jointly and severally swear that we executed the
foregoing Chattel Mortgage for the purpose of securing the obligation/s specified in the provisions hereof, and for no other
purpose and that the same is/are just valid obligation/s and not entered into for the purpose of fraud.
_________________________
Mortgagor

_________________________
Mortgagee

AFFIDAVIT OF GOOD FAITH

We, X and Y hereby jointly and severally swear that we executed the foregoing Chattel Mortgage in order to secure the
indebtedness therein and for no other purpose or purposes contrary to law.
IN WITNESS WHEREOF, I have hereunto set my hand this
Philippines. ______________________ ________________________
X
MORTGAGOR

8th

day

of

MONTH

YEAR

at

PLACE,

Y
MORTGAGEE

SUBSCRIBED and SWORN to before me this 8th d a y o f MONTH YEAR, in the City of PLACE, Philippines, affiant
exhibited to me her IDENTIFICATION CARD as described below the affiants signature.
I HEREBY CERTIFY that I personally examined the affiant X AND Y, a n d I am satisfied that she voluntarily
executed and understood her declaration on the date and place first above written.
Notary Public

Doc. No. ____

Page No.____
Book No.____
Series of YEAR
Affidavit of Merit Law & Legal Definition

An affidavit of merit is a requirement in some jurisdictions, primarily in medical malpractice claims, to have an expert file an
affidavit stating the claim has merit. It is a measure enacted to deter frivolous lawsuits. When a plaintiff in a medical liability
lawsuit does not file an affidavit of merit with the complaint, the case may be dismissed.
The following is a State Statute ( Michigan) on Affidavit of Merit:
MCLS 600.2912d . Action alleging medical malpractice; complaint to be accompanied by affidavit of merit; filing extension;
failure to allow access to medical records.
Sec. 2912d. (1) Subject to subsection (2), the plaintiff in an action alleging medical malpractice or, if the plaintiff is represented
by an attorney, the plaintiff's attorney shall file with the complaint an affidavit of merit signed by a health professional who the
plaintiff's attorney reasonably believes meets the requirements for an expert witness under section 2169. The affidavit of merit
shall certify that the health professional has reviewed the notice and all medical records supplied to him or her by the plaintiff's
attorney concerning the allegations contained in the notice and shall contain a statement of each of the following:
(a) The applicable standard of practice or care.
(b) The health professional's opinion that the applicable standard of practice or care was breached by the health professional
or health facility receiving the notice.
(c) The actions that should have been taken or omitted by the health professional or health facility in order to have complied
with the applicable standard of practice or care.
(d) The manner in which the breach of the standard of practice or care was the proximate cause of the injury alleged in the
notice.
(2) Upon motion of a party for good cause shown, the court in which the complaint is filed may grant the plaintiff or, if the
plaintiff is represented by an attorney, the plaintiff's attorney an additional 28 days in which to file the affidavit required under
subsection (1).
(3) If the defendant in an action alleging medical malpractice fails to allow access to medical records within the time period set
forth in section 2912b(6), the affidavit required under subsection (1) may be filed within 91 days after the filing of the
complaint. (US LEGAL DEFINITION)

Republic
of
the
Philippines)
Makati City
)
AFFIDAVIT OF SERVICE
I, FLORENTINO J. HOMERES, under oath, depose and state:
1. I am the special messenger of the law office of GARRIDO & ASSOCIATES LAW OFFICES, with office address at Suite
2157
Herrera
Tower,
98
Herrera
St.
corner
Valero
St.,
Salcedo
Village,
Makati
City.
2. I served copies of a Notice of Hearing in Spec. Pro No. M-5721, pending before the Regional Trial Court of Makati City,
Branch 137 on the following parties at their respective addresses and on the dates indicated below:
Name

Address

Pedro C. Kalaw

c/o
3268
Supa
United
Paranaque
Paranaque, Metro Manila

Date of Service

Mode of Service

Street
II 19 August 1999

Personal Service

Order
of
the
Carmen
J.
Kalaw Heart
of
(a.k.a. Sister Lucia)
Infant
Jesus
Silang, Cavite

Immaculate
Mary
18 August 1999
Academy

Order
of
the
Herminia
J.
Nable
Heart
of
(a.k.a) Sister Zenia
Banawe, Benguet

Immaculate
Mary 18 August 1999

Joven Valencia

99
Pelayo
BF
Quezon City

St.
Homes 19 August 1999

Registered Mai

Registered Mail

Personal Service

by delivering personally a copy of the petition and/or notice of hearing on each of the above persons or duly authorized
representative and/or by leaving a copy of the same at his residence or office, with a person of sufficient age and discretion or
by depositing a copy in the post office, in a sealed envelope, plainly addressed to the addressee at his residence or office,
with postage fully prepaid, and with instructions to the postmaster to return the mail to the sender after ten (10)d days if
undelivered.
IN WITNESS WHEREOF, I have hereunto set my hand this 7th day of September 1999 in Makati City, Metro Manila.
FLORENTINO J. HOMERES
SUBSCRIBED AND SWORN to before me this 7th day of September 1999 in Makati City, Metro Manila, affiant exhibiting to
me his Community Tax Certificate No. 19982609 issued on 22 January 1999 at Makati City, Metro Manila.
Doc.
Page
Book
Series of 2000.

No.
No.
No.

____;
____;
____;

When required?
RULE 13
Filing and Service of Pleadings, Judgments and Other Papers
Section 13. Proof of Service. Proof of personal service shall consist of a written admission of the party served, or the
official return of the server, or the affidavit of the party serving, containing a full statement of the date, place and manner of
service. If the service is by ordinary mail, proof thereof shall consist of an affidavit of the person mailing of facts showing
compliance with section 7 of this Rule. If service is made by registered mail, proof shall be made by such affidavit and the
registry receipt issued by the mailing office. The registry return card shall be filed immediately upon its receipt by the sender,
or in lieu thereof the unclaimed letter together with the certified or sworn copy of the notice given by the postmaster to the
addressee. (10a)
An affidavit of service, under Section 13, Rule 13 of the 1997 Rules of Civil Procedure, is required merely as proof that service
has been made to the other parties in a case."

REPUBLIC OF THE PHILIPPINES)

Makati City
) SS.
AFFIDAVIT OF DISCREPANCY
IN NAME
I,
JUAN
DE
B.
LA
CRUZ,
of
legal
age,
married,
and
with
address
at
______________________________________________________, under oath, state:
1. THAT my name is JUAN B. DE LA CRUZ as stated and registered in my birth certificate issued by office of the Civil
Registry of ______________________. A copy of my birth certificate is hereto attached as ANNEX A;
2. THAT the name JUAN B. DE LA CRUZ also appears in my passport which was issued based on the data appearing in my
birth certificate. A copy of the page of my passport where my name and picture appears is hereto attached as ANNEX B;
3. THAT since childhood, my friends and acquaintances call me JOHN and thus since then I have been accustomed to using
the name JOHN B. DE LA CRUZ in my personal records, transactions and communications;
4. THAT the name JUAN B. DE LA CRUZ and JOHN B. DE LA CRUZ refer to one and the same person, the herein Affiant;
5.
THAT I am executing this Affidavit to attest to the truth of the foregoing facts and to use the same for whatever legal
purpose it may serve.
IN WITNESS WHEREOF, I hereunto affix my signature this _________________ at Makati City.
JUAN B. DE LA CRUZ
Affiant
SUBSCRIBED AND SWORN to before me this _______________ at Makati City, Affiant exhibiting to me his Passport bearing
No. ______________________________ issued at ______________ on _________________.
Doc No. ________;
Page No. _______ ;
Book No. _______;
Series of ________.
Affidavit of Discrepancy and Affidavit of Two Disinterested Persons
It might come as a surprise for some people when they discover that the name that they have been using is not the same with
the name their birth certificates indicate. If that happens, some public and private offices often require that the person
concerned issue an Affidavit of Discrepancy and additionally requiring two other disinterested persons to attest to the identity
of the person who has discrepancy in his name.
In the example below, a certain JOHNNY DELA CRUZ later on discovers that his Birth Certificate indicates that his name is
actually JUAN DELA CRUZ.
AFFIDAVIT OF DISCREPANCY

I, JUAN C. DELA CRUZ, of legal age, single, and a resident of Davao City, after having been duly sworn to in
accordance with law, hereby depose and say:
That since I was young, I have been using the name JOHNNY C. DELA CRUZ;
That I am also known by my family and friends as JOHNNY C. DELA CRUZ;
That recently, I applied for membership with the Philippine Health Insurance Corporation (PhilHealth) and as a
requirement for such application, I was made to submit my Birth Certificate;
That when I requested for a copy of my Birth Certificate from the National Statistics Office, I was surprised that my
name as reflected on the official document is JUAN C. DELA CRUZ (A copy of the Birth Certificate is hereto appended as
ANNEX A and forms an integral part hereof);
That I attest that JOHNNY C. DELA CRUZ and JUAN C. DELA CRUZ is one and the same person;
That from now on, I will be using my true and correct name, JUAN C. DELA CRUZ.
That I am executing this affidavit in order to attest to the truth of the facts aforementioned, and for any legal purpose
this may serve.
IN WITNESS WHEREOF, I have hereunto set my hand this this _____________ at ____________.
JUAN C. DELA CRUZ
Affiant
Witnesses:

SUBSCRIBED AND SWORN to before me this this _____________ at ____________,, affiant exhibiting to me his
PhilHealth ID No. ________________.
Doc No. ___;
Page No. ___;
Book No. ___;
Series of _____.

Notary Public

JOINT AFFIDAVIT OF TWO DISINTERESTED PERSONS

WE, WITNESS ONE and WITNESS TWO, both of legal age, both single, and residents of Davao City, after having
been duly sworn to in accordance with law, hereby depose and say:
That we personally known JOHNNY C. DELA CRUZ because we are family friends and we have known him for more
than 30 years;
That we also personally know that JOHNNY C. DELA CRUZ has been using that name since he was a child;
That we personally know that from available records, his authenticated Birth Certificate indicates that his name is
JUAN C. DELA CRUZ;
That we attest that JOHNNY C. DELA CRUZ and JUAN C. DELA CRUZ is one and the same person;
That we are executing this affidavit in order to attest to the truth of the facts aforementioned, and for any legal purpose
this may serve.
IN WITNESS WHEREOF, I have hereunto set my hand this this _____________ at ____________.

WITNESS ONE
ID/CTC No.
Issued on
Issued at

WITNESS TWO
ID/CTC No.
Issued on
Issued at

SUBSCRIBED AND SWORN to before me this _____________ at ____________, affiants exhibiting to me their
competent evidence of identity written below their names.
Doc No. ___;
Page No. ___;
Book No. ___;
Series of _____.

1.

Notary Public

A quitclaim deed is a legal instrument which is used to transfer interest in real property. The entity transferring its
interest is called the grantor, and when the quitclaim deed is properly completed and executed it transfers any interest the
grantor has in the property to a recipient, called the grantee.
Release Waiver and Quitclaim
RELEASE WAIVER AND QUITCLAIM
KNOW ALL MEN BY THESE PRESENTS:
That I, __________________, Filipino, of legal age, a resident of __________________, and formerly employed with
__________________, do by these presents acknowledge receipt of the sum of __________________, Philippine Currency,
from _____________________ in full payment and final settlement of the (financial assistance or separation pay, overtime
pay, salary or salaries, wage or wages, commutable sick and vacation leaves, gratutities or any kind of compensation or
emoluments) due to me or which may be due to me from ____________________ under the law or under any existing
agreement with respect thereto, as well as any and all claims of whatever kind and nature which I have or may have against
________________, arising from my employment with (and the termination of my employment with
______________________.
In consideration of said payment, I do hereby quitclaim, release, discharge and waive any and all actions of whatever
nature, expected, real or apparent, which I may have against _______________, its directors, officers, employees, agents and
clients by reason of or arising from my employment with the company. I will institute no action, whether civil, criminal, labor or
administrative against _________________, its directors, officers, employees, agents and clients. Any and all actions which I
may have commenced either solely in my name or jointly with others before any office, board, bureau, court, or tribunal
against _________________, its directors, officers, employees, agents and clients are hereby deemed and considered
voluntary withdrawn by me and I will no longer testify or continue to prosecute said action(s).
I declare that I have read this document and have fully understood its contents. I further declare that I voluntarily and
willingly executed this Release, Waiver and Quitclaim with full knowledge of my rights under the law.
IN WITNESS WHEREOF, I have hereunto set my hand at _____________, this ___ day of _______________, 2000.

_______________________
Affiant

SIGNED IN THE PRESENCE OF

_______________________

______________________

promissory note
noun
1.
a signed document containing a written promise to pay a stated sum to a specified person or the bearer at a specified
date or on demand.
PROMISSORY NOTE
FOR VALUE RECEIVED, the undersigned promises to pay to DIEGO FINANCING CO. ("Holder"), or order, at such address
as the holder hereof may specify, the principal of TWELVE MILLION AND 00/100 PESOS (PHP12,000,000.00), Philippine
Currency, plus interest of TWELVE PERCENT (12%) PER ANNUM on the principal, at an installment of ONE MILLION
PESOS per month. Payments of the interest of the installment of ONE MILLION per month shall commence on 1 October
1999 and continue through 1 September 2000. The Borrower shall have the right at any time or from time to time to pay all or
a portion of the principal without premium or penalty. Prepayments may not be reborrowed.
Any default or delay in the payment of any installment shall bear a penalty of THREE (3%) PERCENT per month by way of
liquidated damages.

Should suit be brought to recover on this note, or should the same be placed in' hands of an attorney for collection, Maker
promises to attorney fees equal to FIFTEEN (15%) PERCENT of the principal and costs incurred in connection therewith. This
note shall be governed and construed accordance with the laws of the Philippines, and suit hereon may be brought in the
Regional Trial Court of Makati City, Metro Manila, and for this purpose Maker hereby expressly consents to the venue and
jurisdiction of said court.
Failure of Holder to exercise any option hereunder shall not constitute a waiver of the right to exercise the same in the event
of any subsequent default or in the event of the continuance of any existing default after demand for strict performance hereof.
Maker hereby waives demand, diligence, presentment for payment, protest or notice of demand and exercise of any option
hereunder. Maker or each individual and entity signing this note, whether or not as a Maker, further agrees that the granting of
any extension or extensions of time for payment of any sum or sums due hereunder, or under any other instrument securing
this note, or for the performance of any covenant, condition or agreement hereof or thereof or the taking release of other or
additional security shall in no way release or discharge the liability the Maker or any signor or any guarantor hereof.
Time is of the essence of this note and each and every term and provision herein is intended to insure the prompt payment of
the
obligation.
IN WITNESS WHEREOF, the parties hereto have executed this Note this day of October, 1999.
Borrower:
Holder:
Promissory Note
Php50,000.00

January 5, 2014

FOR VALUE RECEIVED, I promise to pay to the order of ANNA CURTIES, the sum of FIFTY THOUSAND PESOS
(Php50,000.00) Philippine Currency, in TEN (10) equal monthly installments of FIVE THOUSAND PESOS (Php5,000.00)
starting February 5, 2014 and every 5th day of the month thereafter until fully paid. Should I fail to pay on the due date, a late
penalty fee of three percent (3%) per month shall be added on each unpaid installment from due date thereof until fully paid.
Sgd.
BONG NABARO