Republic of the Philippines)

City of Davao) S.S.

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

JUDICIAL AFFIDAVIT

I, RICKY SUECO, of legal age, married, Filipino, and a resident of Purok 1,

Barangay Limao, Island Garden City of Samal, Davao del Norte, Philippines, after
having been duly sworn to in accordance with law, do hereby depose and state:

That the purpose of this affidavit is to prove that it is the Spouses Brown
who breached their obligation by pre-terminating the agreement, despite the fact
that the wedding can still be reasonably held in the venue that the Spouses
desired;

That I had given my answers on the questions below in a language which I

fully understand, stated with full consciousness and I did so under oath, and that, I
face criminal liability for any false testimony or perjury;

That the following are the questions asked by the undersigned counsel with
the corresponding answers which I had given:

1. Q: What is your name?

A: I am Ricky Sueco.

2. Q: What, if any, is occupation?

A: I am a businessman. I am the sole proprietor of a resort named “The

Last Resort.”

3. Q: Where is the resort located?

A: It is located in Barangay Limao, Babak District, Island Garden City of

Samal.

4. Q: For how long have you operated the resort?

A: I have operated the resort for about ten years now.

5. Q: In the ten years of the resort’s existence, is it plainly a recreational

resort?

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 A: No. The resort also caters to other functions and events like
conference, seminar, weddings, and others. In fact, it’s the only resort
in Barangay Limao that has the capacity to cater big events.

6. Q: With regard to weddings, what, if any, do you clients usually say why
they hold their weddings at The Last Resort?

A: They say that they like our wide beach front, especially the sunset.

7. Q: Do you know Norman Brown and Jennifer Reyes?

A: Yes. They went to The Last Resort to inquire about the resort. So I
asked Dilmah M. Green, my Resort Manager, to entertain them.

8. Q: What else, if any, did they do?

A: They made an ocular inspection of the entire resort.

9. Q: At the time that they made the ocular inspection, was there any
activity going on in the resort?

A: Yes. Aside from the regular customers, there is an ongoing

construction of a restaurant. This is part of the expansion project of
the resort since every year, especially during December and summer,
the number of customers is getting higher and higher.

10.Q: Where is this new restaurant located?

A: If you’re facing the beach, it is located on right side of the beach.

11.Q: What about your weddings and other events, where do you hold
them?

A: Again if you’re facing the beach, weddings and other events are held
on the left side of the beach.

12.Q: Were there weddings held before while the construction was
ongoing?

A: Yes. Just a week before Norman Brown and Jennifer Reyes went to
the rest, we catered a beach wedding.

13.Q: After Norman Brown and Jennifer Reyes made the ocular inspection,
what, if any, happened?

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 A: They went back to the office and told me that they liked the venue.
They also asked if August 8, 2016 is available since they’re planning to
have their wedding on that date.

14.Q: What, if any, did you do or say?

A: I checked the schedule and when I saw that the date is vacant, I told
them that there’s no reservation yet on that date.

15.Q: What, if any, was their reply?

A: They said they would reserve that date. They also asked when can we
have the signing of the agreement.

16.Q: What, if any, did you do or say?

A: I told them to come back two days after to give me time to prepare
the Memorandum of Agreement. I also told to bring with them the
Php250,000.00 down-payment so we can reserve the resort on
August 8.

17.Q: Did they come back, and if they did, what happened, if any?

A: Yes. They paid the Php250,000 down-payment. We had the signing of

the Memorandum of Agreement on January 8, 2016. After expressing
their excitement about their wedding, we shook hands and they left.

18.Q: I am showing to you a Memorandum of Agreement marked as Exhibit

1. Is this the Agreement that you are talking about?

A: Yes, that is the Memorandum of Agreement I’m talking about.

19.Q: Did the wedding take place?

A: No.

20.Q: What, if any, happened?

A: On May 8, 2016, I received a letter from the lawyer of Evelyn Reyes,

the mother and attorney-in-fact of Jennifer Reyes, asking for the
reimbursement of the Php250,000.00 down-payment. It said that I
should reimburse them because there’s a breach on my part of the
Memorandum of Agreement.

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21.Q: I am showing to you a letter marked as Exhibit 2. Is this the demand
letter you are talking about?

A: Yes, that is the demand letter I received from their lawyer.

22.Q: What was the breach of obligation they’re referring to?

A: They said they’re cancelling the wedding because aside from the fact
that they already got married in the United States on May 1, 2016,
they find that the construction of the restaurant would destroy the
whole set-up of their wedding venue.

23.Q: Did you reimburse them?

A: No. As a matter of company practice, we don’t reimburse the down-

payment once the reservation is made and a Memorandum of
Agreement was already signed.

24.Q: What, if any, did you do?

A: I sent them a reply through my lawyer. In the letter, it was explained

that even though there was an ongoing construction, the wedding
could still be held as planned. In addition, they were also given other
options.

25.Q: What are those options?

A: They were actually given three options. First, they can look for a
person/parties who will take the slot they reserved. Second, they can
request for a gift certificate equivalent to the Php250,000.00 down-
payment, which can be used as payment for rooms, food and other
resort amenities. Third, they can still have the wedding at the resort
as originally agreed.

26.Q: I am showing to you a letter marked as Exhibit 3. Is this the letter that
you sent to Evelyn Reyes’s lawyer?

A: Yes, that is the letter I sent as my reply to their demand letter.

27.Q: Did you hear from them since then?

A: No, I haven’t heard from them since then.

28.Q: Do you have anything else to say?

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 A: No more.

I further certify under oath that Atty. Vevirlie Orga, with address at 7 th Floor,
Ayala Abreeza Mall Corporate Center, J.P. Laurel Avenue, Bajada, Davao City,
conducted and/or supervised my examination in the above-mentioned address on
February 8, 2017.

Affiant further says nothing.

IN WITNESS WHEREOF, I have hereunto set my hand this 8th day of August
2017 in the City of Davao, Philippines.

RICKY SUECO
Affiant

SUBSCRIBED AND SWORN BEFORE ME THIS ______ day of February 2017,

in the City of Davao, Philippines, Affiant personally appeared to me and/or
exhibiting to me his Commission on Elections Voter’s ID with Voter’s ID No. 2402-
1808E-C0689AVO10000.

ARVIN ANTONIO V. ORTIZ

Notary Public
Until December 31, 2017
PTR CY 2016-2017 SC 1079017 12/09/15
ROLL NO. 7117
Lifetime IBP No. 388517 9/17/07

Doc. No. ___;

Page No. ___;
Book No. IX;
Series of 2017.

ATTESTATION

I, Atty. Vevirlie Orga, with address at 7th Floor, Ayala Abreeza Mall Corporate
Center, J.P. Laurel Avenue, Bajada, Davao City, hereby attest that I personally
conducted or supervised the examination of the above-mentioned witness on
the 8th day of February 2017 at the above-mentioned address, and I further attest

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that I have faithfully recorded or caused the recording of the questions asked and
the corresponding answers that the witness gave and neither I nor any other
person present or assisting coached the witness regarding the latter’s answer.

Attested to this ____ day of February 2017 in Davao City Philippines.

Atty. Vevirlie Orga

Attestator

SUBSCRIBED AND SWORN BEFORE ME THIS ______ day of February, 2017

in the City of Davao, Philippines, Affiant personally appeared to me and/or
exhibiting to me her Professional Regulation Commission ID with Registration No.
0985871.

ARVIN ANTONIO V. ORTIZ

Notary Public
Until December 31, 2017
PTR CY 2016-2017 SC 1079017 12/09/15
ROLL NO. 7117
Lifetime IBP No. 388517 9/17/07
Doc. No. ___;
Page No. ___;
Book No. IX;
Series of 2017.

Copy furnished:

Atty. Mario Trinidad

2nd Floor, Uncle Mark Bldg.
Ecoland, Davao City

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