REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT

FIRST JUDICIAL REGION
BRANCH 1
BAGUIO CITY

SPOUSES JESUS CASTRO AND

MAGDALENA CASTRO,
Plaintiffs
CIVIL CASE NO. 11890

- versus - For: Collection of Sum

Money with Damages

SPOUSES PABLITO M. TORIO

AND THELMA TORIO,
Defendants.

x-----------------------------------------x

JUDICIAL COUNTER AFFIDAVIT

Examination was conducted and recorded by Atty. Nestor L. Torio, Jr. upon
the person of PABLITO M. TORIO on 18 July 2002 of the TORIO AND
PARTNERS LAW OFFICE, with office address at Unit 917 Mega Plaza
Condominium, ADB Avenue corner Garnet Road, Ortigas Center, Pasig
City, Philippines.
By way of OFFER OF TESTIMONY, the testimony of witness PABLITO M.
TORIO, of legal age, married, Filipino citizen, with residence address at
Torio Medical Clinic, Sta. Barbara, Agoo, La Union is being presented on
DIRECT EXAMINATION for the following purposes, to wit:
1. To testify on the material allegations to prove his claims and
affirmative defenses; and
2. To testify all other related matters, facts and circumstances relevant
and material to this case.

With the above offer, transcribed below are the questions asked from the
witness in the English Language, fully conscious that he does so under oath
that he may face criminal liability for false testimony or perjury.

1) Q : Do you swear to tell the truth and nothing but the truth
A : I do.
2) Q : Are you aware that you may face criminal liability for false
testimony or perjury if you will not tell the truth?
A : I am.

3) Q : Please state your name, age, address and occupation.

A : I am Pablito M. Torio, 45 years old, married, a resident of
Sta. Barbara, Agoo, La Union. I am a businessman.

4) Q : How do you know the plaintiffs in this case?

A : Sometime in August 2001, the plaintiffs dropped by our
office at Torio Maternity Clinic with the same address as
my residence to inquire about a vacant unit in our
commercial building.

5) Q : What happened during this meeting?

A : I told them about the monthly rental, which was for
Php11,000, and that we require five months deposit and
one month advance from our tenants. I also informed
them that we strictly implement a one-year lease
agreement.

6) Q : After explaining these, what did the plaintiffs say?

A : They said that they were amenable to the terms of the
lease agreement and that they would come back to finalize
the contract on September 15, 2001.

7) Q : What happened after your meeting, if any?

A : In the morning of August 28, 2001, I was surprised to see
the plaintiffs in our office. They said that they wanted to
tender Php55,000.00 as deposit for a commercial unit. I
informed them that the contract I prepared is dated
September 15, 2001, which was our initial agreement.

8) Q : After explaining this to the plaintiffs, what happened

 next?
A : They said that theyre okay with it. Mr. Castro added that
he was eager to get the unit ahead of the others who also
expressed their interest.
9) Q : What occurred next?
A : My wife handed them the contract, which they reviewed,
and called up our family lawyer to witness the signing and
notarize the contract.

10) Q : Showing to you a lease contract dated September 15,

2001, marked as Annex 1. Can you please identify this
document?
A : That is the lease contract we entered with the plaintiffs.

11) Q : After the plaintiffs reviewed the contract, what happened

next?
A : They handed Php55,000 in cash, then signed the lease
contract.

12) Q : Showing to you a photocopy of a receipt for Php55,000

dated August 28, 2001, marked as Annex 2. Can you
please identify this document?
A : That is the receipt I issued to the plaintiffs for the
Php55,000 they paid as deposit.

13) Q : Sir, according to the lease contract, item #3 under the

provision for deposit, the required amount before a tenant
may occupy a unit in your commercial building is for
Php66,000. This amount, as the provision states, shall
cover five months deposit and one month advance. You
mentioned that the plaintiffs paid Php55,000 for deposit.
Did you not offer to change this provision to
accommodate the amount paid by plaintiffs?
A : No. The plaintiffs explained that theyd pay the balance of
 Php11,000 with their first month payment. I didnt see
any need to change the contract as I trusted the plaintiffs.

14) Q : What happened after?

A : On September 15, 2001, my wife and I assisted the
plaintiffs in moving in to our commercial building. We
even had dinner in our house and talked about our
businesses.

15) Q : After the plaintiffs moved into your property, what

occurred next?
A : Sometime in January 2002, my wife called me up to tell
me that the unit the plaintiffs were occupying has been
abandoned. I immediately went to our commercial
building and saw that not only was the unit abandoned,
but it was damaged as well.

16) Q : What did you do next?

A : I hurriedly dialled the numbers plaintiffs gave me but
none worked. I instructed my son to travel to plaintiffs
residence in Quezon Hill, Baguio City and demand for an
explanation.

17) Q : What happened next?

A : When my son called me up from Baguio City, he said that
no one was home in plaintiffs residence. According to
neighbors, the house has been uninhabited for a long
time. I ordered my son to come back home.

18) Q : After this incident, what did you do next?

A : I called up Jose Cruz, a repairman from a trusted
construction company, to assess the damage on the
property and start the repairs.

19) Q : Showing to you official receipts for certain construction

 materials and labor cost, marked as Annexes 3 and 4,
respectively. Can you please identify these documents?
A : Annex 3, for Php19,000, is the OR for the construction
materials used to repair the unit previously occupied by
the plaintiffs. Annex 4, for Php5,000, is the OR for the
cost of labor.

20) Q : After the repairs were done, what happened next?

A : Sometime between March and April 2002, I received a
call in my office from Mr. Castro demanding for the
return of his deposit for Php55,000.

21) Q : What was your response to this request?

A : I refused. I told him to review his contract specifically the
provision on default, which states that non-fulfilment of
the provisions in the lease contract gives the lessor the
right to pre-terminate the agreement and for the lessee to
waive its deposits in favour of the lessor.

22) Q : What happened next?

A : I didnt hear anything from plaintiffs after that until I
received a letter from plaintiffs counsel demanding for
the return of the Php55,000 deposit.

23) Q : What did you do after receiving the demand?

A : I sought advice from my lawyer.

24) Q : Do you have anything more to add?

A : None at this time.

IN WITNESS WHEREOF, I affixed my signature this 20th day of July

18, 2002 Pasig City, Philippines.

PABLITO TORIO
Witness
 SUBSCRIBED AND SWORN to before me this 18th day of July
2002, Pasig City, Philippines.

ATTY. NESTOR L. TORIO JR.

Notary Public for Pasig City
Unit 917 Mega Plaza Condominium
ADB Avenue Corner Garnet Road,
Ortigas Center, Pasig City
PTR No. 11591145; Q.C., 3-4-2002
Roll Number 12115, 6-6-2000
IBP No. 562673:Q.C., 6-28-2002,
MCLE Compliance: IV-02195, 8-16-13

ATTESTATION OF LEGAL COUNSEL

I, Atty, Nestor L. Torio Jr., private counsel of PABLITO TORIO

and THELMA TORIO, with business address at Unit 917 Mega Plaza
Condominium ADB AvenueCorner Garnet Road,Ortigas Center, Pasig City,
after being duly sworn depose and say that:

1. I have faithfully recorded and caused to be recorded the question I

asked and the corresponding answer of the witness Jose Cruz;

2. That I have not nor any other person then present or assisting
coached the witness regarding his answers; and

3. That I fully understand that any false attestation will subject me to

disciplinary action.

IN WITNESS WHEREOF, I have hereunto set my hand on this

18 of July 2002 at Baguio City, Philippines.
th

Atty. Nestor L. Torio, Jr.

Counsel for the Defendants

SUBSCRIBED AND SWORN to before me, a notary public in

Pasig City on July 18, 2002.
 ATTY. NESTOR L. TORIO JR.
Notary Public for Pasig City
Unit 917 Mega Plaza Condominium
ADB Avenue Corner Garnet Road,
Ortigas Center, Pasig City
PTR No. 11591145; Q.C., 3-4-2002
Roll Number 12115, 6-6-2000
IBP No. 562673:Q.C., 6-28-2002,
MCLE Compliance: IV-02195, 8-16-04

Doc. No. 10;

Page No. 35;
Book No. II;
Series of 2002