REPUBLIC OF THE PHILIPPINES

FOURTH JUDICIAL REGION

MUNICIPAL TRIAL COURT
LIPA CITY, BATANGAS

CALEB M. SILVA,
Plaintiff,

Case No:___________
-versus - For: BATAS PAMBANSA Blg.
22

EIDRIENNE K. CRUZ,
Defendants.
x ----------------------------------- x

Purpose: This testimony is being offered to the Court to

prove the following:

1. The plaintiff has no cause of action against

defendant;

2. There was a full payment of the amount of

P250,000.00 in cash tendered by the plaintiff that
extinguished the obligation;

3. The signatures of the plaintiff in the checks are

forged; the true and actual signatures being
contained in the registry return receipt attached
as evidence presented in the complaint;

JUDICIAL AFFIDAVIT OF WITNESS

EIDRIENNE K. CRUZ

The person interrogating me is Atty. Helena Sulit with

office address at Unit 143, 2/F NEL Bldg. Ayala Highway,
Lipa City, Batangas. The interrogation is being held at the
same address.

I am answering her questions fully conscious that I do

so under oath and may face criminal liability for false
testimony and perjury.

I, EIDRIENNE K. CRUZ, of legal age, Proprietor of EC

Enterprises and Distributor of P&C Feeds Philippines Inc.
with TIN No. 675-432-677, with business address at No. 24,
Malarayat Estates, Dagatan, Lipa City, after having sworn to
in accordance with law, hereby depose and state, by way of
answers to the questions, to wit:
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Q1: State your personal circumstances.
A1: I am Eidrienne K. Cruz, 33 years old, single,
Distributor of P&C Feeds Philippines Inc.

Q2: Since when did you start working as Distributor of

P&C Feeds Phil. Inc.?
A2: I started working since 2008.

Q3: What are your duties and responsibilities as a

Distributor?
A3: Usually, the consumers seek distributors like me in
order to find products and deliver them. Modern
distribution means a product can be picked,
cleaned, processed, loaded, unloaded, to the
consumer, and on the table in less than 24 hours.
Distributors communicate with their producers and
customers by telephone. This involves a
tremendous amount of trust on all sides. The
customers rely on the distributor to tell them what
they have for sale, the quality and quantity of it,
just as the distributor depends on the farmer to
deliver what is promised. It is important that the
relationship is fair and that everybody wins. If the
grower doesn't feel it is advantageous to sell a
product through a distributor, the relationship will
fail.

Q4: Do you know the defendant in this case?

A4: Yes maam.

Q5: How did you know the defendant?

A5: Prior to this case, the defendant and I were good
friends. But because of this malicious prosecution
against me, we are not in good terms anymore.

Q6: You mentioned that you are not in good terms with
each other, can you tell us what happened?
A6: On December 8, 2015, I went to his house to offer a
proposal to put up a business particularly relating to
the distribution of chicken and hog feeds and
supplies. After several discussions, he agreed to my
proposal and gave me the amount of P250,000.00
representing his investment capital. After that, we
signed the Contract of Investment.

Q7: What is this Contract of Investment all about?

A7: In this contract, we stipulated that in order to assure
the investor (Caleb) of the realized profit, post dated
checks shall be issued if I will not be able to tender
the full payment in cash.

2
Q8: I am showing to you now a Contract of Investment
dated December 29, 2015, what is the relation of this
document to that you mentioned?
A8: That was the same Contract of Investment we have
executed, maam.

(Witness is identifying the CONTRACT OF INVESTMENT

dated December 29, 2015 executed both by the plaintiff
and defendant, previously marked as Exhibit 1.)

Q9: There was a signature above the name CALEB M.

SILVA, do you recognize that signature?
A9: Yes, maam.

Q10: Why is this so?

A10: Because we signed the said contract in the presence
of each other maam.

Q11: There was a signature above the name EIDRIENNE

K. CRUZ, do you recognized that signature?
A11: Yes, maam.

Q12: Why is this so?

A12: Because that is my signature maam.

(Witness is identifying the Signatures in the Contract of

Investment dated December 29, 2015 executed by
Defendant and Plaintiff. Previously marked as Exhibits 1-
A and 1-B, respectively.)

Q13: What happened next, if any?

A13: I promised her that in the event any profit is gained
from said distributorship, I will return her
investment.

Q14: What happened next if any?

A14: On March 1, 2016, the defendant realized a profit
amounting to P250, 000.00. I was immediately notified
of this fact when he called me. Thereafter, I went to his
house to pay the cash in full on the said amount.

Q15: What happened next, if any?

A15: We met again in his house and an Acknowledgement
Receipt was signed by defendant.

Q16: I am showing to you now an Acknowledgement Receipt

dated March 1. 2016, what is the relation of these
documents to those you mentioned?
A16: That was the same Acknowledgement Receipt signed
by defendant.
3
(Witness is identifying the Acknowledgement Receipt dated
March 1, 2016 executed by Defendant in favor of the
Plaintiff. Previously marked as Exhibit 2.)

Q17: And then, what happened next, if any?

A17: Since I have completed my obligation and returned
to him the capital he invested plus the proceeds
thereof, I believe that our contract has been
terminated.

Q18: You said that your obligation to him has been

completed already, how come that the two of you
have ill feelings with each other?
A18: Because after I tendered to him the full payment
cash of her P250,000.00, he sent to me two demand
letters; one came from him personally and the other
one came from his lawyer.

Q19: Do you remember issuing any checks in favor of

Plaintiff?
A19: None, maam.

Q20: I am showing to you now a Check nos. 1897222 and

1902863 marked as Annexes B-2" and B-3 in
the Complaint, do you recognized these?
A20: (Browsing the documents) No, I cannot remember
issuing any checks like this maam. Because I
already gave him the P250,000.00 in full cash. There
is no reason for me to issue checks like this as
presented.

Q21: By the way, when did you first saw this document?
A21: This is my first time to see those checks, maam.

Q22: In the said checks, there is a signature placed over

the name of Eidrienne K. Cruz, do you know this
signature?
A22: No, maam. The signature appearing above my
name in that document is not my signature, maam.
It is patently different from mine.

Q23: How can you say that this is different from your
signature?
A23: I specifically deny that signature maam. I am using
only one signature and I have the same signature in
all my dealings and transactions whether in personal
capacity or in business aspects.

Q24: Do you remember any document you executed in

relation to this one?

4
A24: Yes maam. I executed a statement under oath
specifically denying the genuineness and due
execution of the signature contained in the checks
mentioned.

Q25: I am showing to you now a Statement under Oath

dated March 18, 2016, do you recognized this?
A25: Yes maam. That is the same Statement under Oath
which I executed in order to deny the genuineness
and due execution of the signature contained in the
checks.

(Witness is presenting her Statement under Oath

specifically denying the genuineness and due execution of
the signatures contained in Check nos. 1897222 and
1902863. We request that these documents be marked as
Exhibit 3.)

Q26: Do you have any evidence or pieces of evidence to

support that the signatures found in the Check nos.
1897222 and 1902863 as stated in the
defendants answer is a forgery?
A26: Yes, maam. I have with me my valid drivers license
where you can see my name and signature. I can
also provide you with my latest signature specimen
as a proof to my claim.

(Witness is presenting the copies of her: (1) drivers license

with signature; and (3) three specimen signatures. We
request that these documents be marked as Exhibits 4
and 5, respectively.)

Q27: I will show to you a letter of demand, previously

marked in the Defendants Answer as Annex G,
dated April 10, 2016, can you identify or recognize
this letter?
A27: Yes, maam.

Q28: How were you able to recognize this letter?

A28: Because that is the very same letter sent to me by
defendant.

Q29: Did you receive the said letter?

A29: Yes, maam.

Q30: What did you do after receiving it?

A30: I affixed my signature to the return receipt, maam.

Affiant further saveth naught.

5
 EIDRIENNE K. CRUZ
Affiant

SUBSCRIBED AND SWORN to before me this 12th

day of October 2016, in Lipa City, Batangas, affiant
exhibiting to me his Drivers License ID with __________,
issued on ________.

MA. CLARIBEL M. OCHOA

Notary Public
Doc. No. 90;
Notarial Comm. Serial No. 2015-39
Page No. 67; Until December 31, 2016
Book No. VIII; PTR No. 2565221 Jan. 04, 2016 Bats.
Series of 201 City
IBP O.R. No. 1011227 Jan. 06, 2016
Bats. City
Roll of Attorneys No. 64971
TIN: 401-973-345
MCLE Compliance No. V-0020023 /
March 19, 2016
ATTESTATION

I, HELENA M. SULIT, legal age, married and with

office address at Unit 143, 2F NEL Building, Ayala Highway,
Lipa City, Batangas, attest under oath as follows:

1 I personally conducted the interrogation of EIDRIENNE K.

CRUZ Distributor or P&C Feeds Philippines, Inc.;

2 I faithfully recorded the questions I asked EIDRIENNE K.

CRUZ and the corresponding answers she gave me;

3 Neither I nor any other person then present or assisting me

coached EIDRIENNE K. CRUZ regarding his answers.

HELENA M. SULIT
Affiant

SUBSCRIBED AND SWORN to before me this 12th

day of October 2016, in the City of Lipa, affiant exhibiting to
me his IBP Identification Card with Attorneys Roll No.
371924.

MA. CLARIBEL M. OCHOA

Notary Public
Doc. No. 98; Notarial Comm. Serial No. 2015-39
Page No. 66; Until December 31, 2016
Book No. V; PTR No. 2565221 Jan. 04, 2016 Bats.
City
Series of 2016. IBP O.R. No. 1011227 Jan. 06, 2016
6 Bats. City
Roll of Attorneys No. 64971
TIN: 401-973-345
MCLE Compliance No. V-0020023 / March
Copy furnished:

Caleb M. Silva
Lot 9, Blk. 12, Brgy. Adya
Lipa City, Batangas
Received By: ___________
Date: ______________

ATTY. EISSEL J. MALABANAN

Private Prosecutor
Woodberry Place, Antipolo del Sur
Lipa, Batangas

Received By: ___________

Date: ______________

7
REPUBLIC OF THE PHILIPPINES)
CITY OF BATANGAS )SS.

OATH DENYING GENUINENESS AND DUE EXECUTION

I, EIDRIENNE K. CRUZ, of legal age, Distributor of

P&C Feeds Philippines Inc., with business address at No. 24,
Malarayat Estates, Dagatan, Lipa City, after having sworn to
in accordance with law, hereby depose and state, by way of
answers to the questions, to wit:

1. I am the Distributor of P&C Feeds Philippines, Inc.;

2. I specifically deny under oath the genuineness and due

execution of the signatures contained in Check nos.
1897222 and 1902863 marked as Annexes B-2" and B-
3 in the Complaint-Affidavit;

3. The truth being that my signatures appearing thereon

were forged and I did not in fact sign the said instruments.

Lipa City, Batangas, March 18, 2016.

EIDRIENNE K. CRUZ
Affiant

SUBSCRIBED AND SWORN to before me this 12th day of

October 2016 at Lipa City, affiant exhibiting to me her
Drivers License ID with No. ____________.

MA. CLARIBEL M. OCHOA

Doc. No. 34; Notary Public
Page No. 59; Notarial Comm. Serial No. 2015-39
Book No. V; Until December 31, 2016
PTR No. 2565221 Jan. 04, 2016 Bats. City
Series of 2016. IBP O.R. No. 1011227 Jan. 06, 2016 Bats. City
Roll of Attorneys No. 64971
TIN: 401-973-345
MCLE Compliance No. V-0020023 / March 19,
8 2016
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