Republic of the Philippines

METROPOLITAN TRIAL COURT

National Capital Judicial Region
City of Manila
Branch 567
SPS. FERNANDO KUMANDO
and ROSALINDA KUMANDO,
Plaintiffs,

- versus -

CIVIL CASE NO. CV-14-9999

FOR: Unlawful Detainer with
Damages

AB CORPORATION, ET AL.,
Defendants.
x- - - - -- - - - - - - - - - - - - - - - - - x
JUDICIAL AFFIDAVIT
(Pursuant to SC A.M. No. 12-8-8-SC)
I, FERNANDO KUMANDO, of legal age, married, Filipino,
and with residence address at 546 Maguinhawa St., Malate
Manila after having been duly sworn to in accordance with law
in answer to the questions asked of me by Atty. Julie Lopez in
her office at 18 Mindanao Ave., Quezon City, on July 30, 2014 at
10:00 A.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:
Q-1: How are you related to FERNANDO KUMANDO, one of
the plaintiffs
in Civil Case No. 14-9999 before the
Metropolitan Trial Court of Manila for Unlawful Detainer with
damages against AB Corporation and Pedro Veloso
together with all persons claiming rights under them?
A. I am the same maam.
Q-2: How are you related to ROSALINDA KUMANDO,
the one of the plaintiffs in this case?
A: She is my wife.
Q-3: Do you know defendant AB Corporation?
A. Yes maam, AB Corporation is the lessee occupying
subject property we own described under TCT No.
123456789 of the Registry of deeds of Quezon City. A
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JUDICIAL AFFIDAVIT
FERNANDO KUMANDO
CIVIL CASE NO. CV-14-9999
x-----------------------------------x

Certified true copy of TCT No. 123456789 of the

Registry of Deeds of Quezon City under our name which
is as our Exhibit -A.

Q-4: Do you know defendant Pedro Veloso?

A. Yes maam, Pedro Veloso subleased the same property
being leased by AB Corporation with our consent.

Q-5: Could you tell the court how did the defendant
AB Corporation was able to occupy your subject
property in this case?
A. The defendant in this case have possessed my property
after having been executed a Contract of Lease for a
period of three (3) years which is as our Exhibit -B.
Q-6: Could you tell the court how did the defendant
Pedro Veloso was able to occupy your subject property
in this case in litigation?
A. Defendant Veloso in this case have possessed my
property as a sub-lessee.
Q-7: In relation to the defendants failure to
voluntarily
vacate
the
occupied
property
upon
expiration of the agreed lease period, what did you do,
if any?
A. I have posted a Demand to Vacate on June 15, 2014, in
conspicuous places within the leased premises so that
defendants and all occupants therein will be given
notice to vacate said premises.
Q-8: What is your proof that you posted a notice to
vacate on June 15, 2014 upon the defendants?
A. I have here a copy of the Notice to vacate dated June 15,
2014. It is our Exhibit C.

Q-9: What was the reaction of the defendant in this

case with the demand notice you have posted?

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JUDICIAL AFFIDAVIT
FERNANDO KUMANDO
CIVIL CASE NO. CV-14-9999
x-----------------------------------x

A: None, sir. They simply ignored and refused to peacefully

vacate and surrender possession of my property and continued
their possession and refusal to vacate my property.

Q-10: After the refusal of the defendants in this case

to vacate subject property of yours despite demand,
what step did you take, if any?
A: We filed this action against the defendant in this case for
Unlawful Detainer with damages before the Metropolitan Trial
Court Manila.

Q-11: In your complaint you are asking for rental for

the use and occupation of the defendants in this case,
how much is your claim for said rentals?
A. The agreed rental per month for the use and occupation of my
property starting from July 2014 and for all the succeeding
months thereafter, until the possession of the subject property
is turned over to us.
Q-12: When the defendants in this case refused to
vacate your titled lots which they are occupying, what
did you feel, if any?
A. With the unjustified acts of the defendants in refusing to
vacate the subject property despite repeated demands
upon them, we suffered with mental anguish, serious
anxieties, wounded feelings, sleepless nights and
besmirched reputation.
Q-13: For practical reasons, how much do you ask the
court as reasonable compensation of your moral
damages?
A. Three hundred thousand pesos (P300,000.00).
Q-14: In your Complaint you are claiming for
exemplary damages, could you please tell this court the
basis of your prayed exemplary damages?
A. The attitude of the defendants in this case in not
honoring the contract we have agreed upon, and they
even failed to vacate the premises upon notice make
them to be liable for exemplary damages in order that
others similarly situated will not do same which is
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JUDICIAL AFFIDAVIT
FERNANDO KUMANDO
CIVIL CASE NO. CV-14-9999
x-----------------------------------x

detrimental to lot owners who are benevolent in helping

people such as the defendants in this case who has
certain lot to live in.

Q-15: For practical reasons, how much do you ask the

court as reasonable compensation of your exemplary
damages?
A. Two Hundred Fifty thousand pesos (P250, 000.00).

Q-16: In the prosecution of your case against the

defendants, what is your arrangement with your lawyer
with his attorneys fees and other charges?
A. I agreed to pay my lawyer attorneys fees fifty thousand
(Php 50,000.00) pesos for acceptance fee, Three
Thousand Five Hundred (P3,500.00) Pesos appearance
fee per court attendance of counsel, plus the equivalent
of Twenty Five (25%) Percent of their entire claim in this
action as attorneys fees.
Q-17 : Finally, do you know why you are executing
foregoing sworn statement in this case?
A. Yes, maam. I am executing this sworn statement to be
adapted as my direct examination in this case to prove
my causes of action for unlawful detainer with damages
against the defendants in the above entitled case, and
this Judicial Affidavit be marked as our Exhibit E.
IN WITNESS WHEREOF, I hereby affix my signature this
30 day of July 2014, in the Quezon City.
th

FERNANDO KUMANDO
Affiant

ATTESTATION

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JUDICIAL AFFIDAVIT
FERNANDO KUMANDO
CIVIL CASE NO. CV-14-9999
x-----------------------------------x

I hereby attest that on this 30 th day of July 2014, I have

personally examined the plaintiff FERNANDO KUMANDO; and
that I have faithfully recorded or caused to be recorded the
questions asked and the corresponding answers thereto made
by him. I further attest that I nor any other person herein
present, or assisting me, never coached FERNANDO KUMANDO
regarding his answers.
Quezon City for the City of Manila. July 30, 2014.

JULIE LOPEZ
Lawyer- affiant
Counsel for Plaintiffs
18 Mindanao Ave., Quezon City
Contact No. 716-50-59/0932-9131309
ROLL No. 88888888
P.T.R. NO. A-49913673-1/1-6-2014 Q.C

SUBSCRIBED AND SWORN to before me this __ day of July

2014 in Quezon City. Affiants exhibited to me their
identification cards bearing their photograph and signature, as
follows:
Name:
Issued by/ID No.:
FERNANDO KUMANDO
OSCA No 1909
JULIE LOPEZ
IBP No. 88888888
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.
Doc. No. _____;
Page No. _____;
Book No._____;
SERIES of 2014.

Notary Public

Copy Furnished:

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JUDICIAL AFFIDAVIT
FERNANDO KUMANDO
CIVIL CASE NO. CV-14-9999
x-----------------------------------x

ATTY. LILY A. CUYUGAN

Service
Counsel for Defendant AB Corporation
CUYUGAN AND ASSOCIATES LAW OFFICE
256 Matalino St., Diliman, Quezon City
Contact No.0925-632-27-77
ATTY. PAMELA LACE
Counsel for Defendant Veloso
Lace&Associates Law Offices
Contact No. 0905-8238197

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