Republic of the Philippines REGIONAL TRIAL COURT 11th Judicial Region Branch X, Davao City

BONIFACIO CRUZ Plaintiff, Civil Case No. 243 -versusFor: Damages, Attorneys Fees and Other Reliefs

AURELIO LARA, doing business under the name of ULTRA Speed Machine Shop and As Metal Products Defendant. x-----------------------------------------------------------------------------------x

Republic of the Philippines] C I T Y O F D A V A O ]ss. x----------------------------------x

JUDICIAL AFFIDAVIT of BENNY GWAPITO

I, BENNY GWAPITO, Filipino, of legal age, married, a resident of 555 Century Tuna Street, Ecoland, Davao City, and currently the Shop Secretary of ULTRA Speed Machine Shop and As Metal Products, after having been sworn to in accordance with law, do hereby depose and state that: 1. I was examined by ATTY. RESCI ANGELLI RIZADA who is holding office at PADLAN ONTAL RIZADA and TAGUIBAO Law Offices, Pryce Tower, J.P. Laurel Avenue, Davao City, Philippines, in the said office;
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2. I answered the questions the examining lawyer asked fully conscious and I do so under oath knowing fully that I may face criminal liability for false testimony or perjury. The questions she asked and my corresponding answers were the following: 1. Q: How are you related to the defendants in this case? A: I am the Shop Secretary of Ultra Speed Machine Shop and As Metal Products owned by the Defendant Aurelio Laxa. Q: Please tell me how you knew about the complainant in this case. A: I knew about the complainant when a copy of the Complaint was received by Mr. Aurelio Laxa on February 27, 2013. Mr. Laxa, surprised upon receipt thereof, immediately asked me if I know anything about the matter. Q: How long have you been working as Shop Secretary of Ultra Speed Machine Shop and As Metal Products? A: 10 years. I started working since 2003. Q: What are the principal functions and duties of your position? A: I attend to the needs of customers and assist them with their transactions with the shop either for purchase or check-up or repair of vehicles. I am also tasked to note down all the completed transactions of the shop for each day as when there is a valid purchase of our products and when we have accepted customers vehicles for check-up or repair. It is also my duty to make a daily report and inventory of sales made or services rendered for the day. Q: as Shop Secretary, where do you keep a record of all those completed transactions of the shop? A: We have a Logbook of Daily Records for Sales and a separate Logbook of Daily Records for Services. The Logbook of Daily Records for Sales reflects the products sold on any particular day and sales made. On the other hand, the
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Logbook of Daily Records for Services contains the details of the services rendered by the shop. I indicate the Name of the Owner, Time In, Type of Vehicle/Year Model, Plate Number, Services rendered and Name of the Service-in-Charge. Before the day ends, I check and ascertain the correctness of the details specified therein and sign below. 6. Q: What is the purpose of that Logbook of Daily Records for Services? A: This is the document where the owners, as well as employees can keep track of the vehicles that have been accepted for either check-up or repair or both. Q: Who are authorized to make entries on that Logbook? A: Based on the internal rules of procedure that we follow in the shop, the following persons are the only ones allowed to make entries therein: (1) the owner (2) Shop secretary and (3) cashier. All other employees of the shop are prohibited from making such entries, unless otherwise specifically authorized by the owner of the shop. Q: I am showing you an entry written on the Daily Records for Services you have just mentioned, dated December 29, 2011. Kindly examine if this is the same Logbook you were referring to. A: Yes Atty. that is what I was referring to. Q: Who made the entries for that day? A: It was me Atty. I was on duty that day and as a Standard Operating Procedure, as soon as there is a vehicle that comes in for repair or check-up, I encode that on the Logbook of Daily Records for Services. In fact, I placed my signature after Q: Where were you on December 29, 2011? A: I was just in the office of Ultra Speed Machine Shop and As Metal Products. Q: How long did you stay there? A: 8 hours. Regular working hours from 8AM5PM except between 12NN-1PM when the shop
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temporarily closes as employees and workers take their Lunch Break. 12. Q: Within those eight (8) hours, have you known a person named Bonifacio Cruz? A: No. I do not remember having communicated with anyone of such name during that day. Q: How about a vehicle Cimarron Jeepney with Plate No. LXX-349? Have you accepted such for repair or check-up in your shop on December 29, 2011? A: No. The Logbook of Daily Records for Services does not indicate that we received a Cimarron Jeepney with Plate No. LXX-349 for repair or check-up. The succeeding reports and inventories also do not reflect that allegation that a Cimarron Jeepney was committed to our possession. Q: I am showing to you these Daily Records Entries for December 30, December 31, 2011 and January 2, 2012. Kindly examine them and identify if these were the entries you have just mentioned. A: Yes. This is correct. I made these reports and verified the inventory myself. I cross-checked it with the vehicles inside the shops premises and I did not see any Cimarron Jeepney on those dates. Q: When did you come to know about this Cimarron Jeepney, if you ever have acquired any knowledge of it? A: I have heard about it only on January 2, 2012-on the day the accident happened. One of my co-workers in the shop informed me that Romeo Tuadles died in vehicular accident while on board that Cimarron Jeepney. Q: Who is Mr. Aurelio Laxa? Do you know this person? A: Yes. He used to be the driver of Ultra Speed Machine Shop and As Metal Products. Q: You said, used to be. Why did you say used to be?
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A: Because he is no longer the driver of Ultra Speed Machine Shop and As Metal Products. His employment was terminated on December 25, 2011. 18. Q: On December 29, 2011, did you happen to see him around the shop premises? A: Yes, around 11:45AM, minutes before I was about to take my lunch break. I was preparing to close the office then. Q: How did you close the office? Was it locked? A: No. Q: What was Mr. Aurelio Laxa doing at that time when you saw him? A: He was talking to other men workers in the shop. Q: When did you leave the office to take your lunch? A: Around 12NN to be exact. Q: When you left, did you still see Mr. Laxa talking to the other men workers? A: Yes. Q: How about between 12NN-1PM while you were taking your break, what was Mr. Aurelio Laxa doing? A: When I went back to the office at around 12:45PM, I saw him come out of the office. Q: What did you tell him when you saw him come out of the office? A: I politely asked how he was and what he was doing there. Mr. Aurelio Lara said he just went to the restroom and hurriedly bid goodbye. I have not seen him since then. Q: What was he carrying at that moment? Did he bring anything with him? A: He held a folder in his hands. Q: Why did he have a folder with him? A: I did not ask him but I was of the thinking that he was there that day to facilitate some papers
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with regard to his employees benefits. Necessarily, he has to have a folder. I did not check what it really contained. 27. Q: I am showing you this Service Repair Contract (marked as Annex A in the Complaint) and Receipt of Vehicle (marked as Annex B in the Complaint) allegedly entered into between Bonifacio Cruz and Ultra Speed Machine Shop and As Metal Products. Kindly identify and examine these two documents. (Witness is shown a copy of the Service Repair Contract and the Receipt of Vehicle which he thereby examined) A: This form is the same form which we normally fill out in cases where we receive vehicles for check-up and repair. However, both documents are invalid because it was signed by Aurelio Laxa who does not have any authority whatsoever, to sign that Service Repair Contract or that Receipt of Vehicle. Q: why did you say that Aurelio Laxa had no such authority? A: The only persons who have the right to do so would either be (1) Mr. Aurelio Lara, as owner of the shop and (2) myself, as Shop Secretary. Not even the cashier can sign a contract in behalf of the shop. It is only limited to two authorized persons. Aurelio Laxa, a former driver whose employment terminated on December 25, 2011 clearly was without power, personality and authority to sign those two documents dated December 29, 2011, in the owners behalf. He was a total stranger. His acts cannot bind the Ultra Speed Machine Shop and As Metal Products.

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3. I also attest that the attachments of this Judicial Affidavit are faithful reproductions of their corresponding original copies. IN WITNESS WHEREOF, I hereby affix my signature this March 18, 2013 at Davao City, Philippines.

BENNY GWAPITO Affiant

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SUBSCRIBED AND SWORN TO before me, a Notary Public of Davao City, Philippines, Benny Gwapito, exhibiting to me his Drivers License numbered L-02-09123456 valid until May 1, 2014 bearing his photograph and signature as competent proof of his identity.

Doc No. ____ ; Page No. ___ ; Book No. ___ ; Series of 2013.

ATTY. RESCI ANGELLI RIZADA Notary Public of Davao City Until December 31, 2013 PTR No. 558899; 01-02-13; D.C. IBP Member Roll No. 453788 Roll of Attorneys No. 64336 MCLE Certificate of Compliance No. 986655 Issued on January 2012 at Davao City

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ATTESTATION

I, RESCI ANGELLI RIZADA, of legal age, Filipino, single, and a resident of Tuscan Building, Ponce Street corner Suazo Street, Davao City, Philippines with office address at PADLAN ONTAL RIZADA and TAGUIBAO Law Offices, Pryce Tower, J.P. Laurel Avenue, Davao City, Philippines, under oath hereby states THAT: 1. I conducted and supervised the examination of Mr. Ian Julius De Castro as witness of the above-entitled case; 2. I faithfully caused to be recorded the questions I asked and the corresponding answer that the said witness gave; and 3. Neither I nor any other person then present or assisting me coached the witness regarding his answers. IN WITNESS WHEREOF, I affix my signature this March 18, 2013 at Davao City, Philippines.

RESCI ANGELLI RIZADA Affiant

SUBSCRIBED AND SWORN TO before me, a Notary Public of Davao City, Philippines, this March 18, 2013, Resci Angelli Rizada exhibiting to me her Drivers License numbered L-02-12345678 valid until December 11, 2014 bearing her photograph and signature as competent proof of her identity.

Doc No. ____ ; Page No. ___ ; Book No. ___ ; Series of 2013.

ATTY. RICHARD SER CHIEF YAP Notary Public of Davao City Until December 31, 2013 PTR No. 041788; 01-02-13; D.C. IBP Member Roll No. 90412 Roll of Attorneys No. 11223 MCLE Certificate of Compliance No. 66778 Issued on January 2012 at Davao City
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