Republic of the Philippines ]

CITY OF DIPOLOG ]
X======================/

JUDICIAL AFFIDAVIT
[This judicial affidavit was prepared and taken before Atty.
Jon Eric G. Co at his Law Office located at 027 P. Burgos
Street, Barra, Dipolog City].

I, JOSEPHINE P. PASTIDIO, Filipino, of legal age, widower,

businesswoman, and a resident of Liloy, Zamboanga del Norte, Dipolog
City, fully aware and conscious that I am under oath, and with full
knowledge that if my answers are false, I can be subjected to criminal
liability for false testimony or perjury, hereby deposeth and sayeth:

That I can read and understand English, but for purposes of

convenience, I am asking that the questions and my answers herein also be
translated in the Visayan dialect for which I am fluent;

The following are the questions propounded by Atty. Jon Eric G. Co

and my answers as translated in the English language:

Q1: Unsa man imung trabaho karon?

[What is your current occupation?]
A1: Usa ako ka negosyante nga nag networking. Tabang pud ko sa amung
balay para sa buhat panimalay.
[I am a businesswoman engaged in networking business. I also help in our
house doing household chores.]

Q2: Naa ba kay nailhan nga Rosalina Gallemit Canoy?

[Do you know a certain Rosalina Gallemit Canoy?]
A2: Uo kaila ko ni Rosalina Gallemit Canoy. Akuha na siyang maestra sa una
sa elementary pa ko. Naka-trabaho pud ko sa ilaha sauna sa Canoy
Agricultural Supply sa Dipolog City.
[Yes I know Rosalina Gallemit Canoy. She was my teacher before in
elementary. I also worked for her before at Canoy Agricultural Supply,
Dipolog City.]

Q3: Unsang tuiga man ka nag sugud ug trabaho sa Canoy Agricultural

Supply, Dipolog City?
[What year did you start working at Canoy Agricultural Supply, Dipolog
City?]
A3: Dili na ko kahinumdum na sa specific gyud nga tuig pero 1980’s until
1987 gyud tung tuiga naka trabaho ko sa Canoy Agricultural Supply.

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[I cannot remember the exact date but it was around 1980’s until 1987
that I worked in Canoy Agricultural Supply.]

Q4: Unsay trabaho nimu sa Canoy Agricultural Supply sauna?

[What was your work in Canoy Agricultural Supply before?]
A4: Saleslady, dayun usahay pud tig-canvass ug mga presyo.
[I worked as a saleslady. I also do canvassing works.]

Q5: Familiar ba ka sa imung mga kauban sa trabaho sa Canoy Agricultural

Suppy adtung panahon nga naka trabaho ka didtu?
[Are you familiar with your co-workers at Canoy Agricultural Supply at the
time you worked there?]
A5: Uo mam familiar ko nila. Kaila pa ko nila ug ma identify pa nako kung
kinsa kaayo sila.
[Yes I am familiar with them. I still know them and I can still identify who
they are.]

Q6: Kaila ba ka ni Desiderio Bubutan?

[Do you know a certain Desiderio Bubutan?]
A6:Uo. Kaila ko ana ni Desiderio Bubutan. Naka trabaho man pud na siya
sa-una sa Canoy Agricultural Supply, Dipolog City. Kaila gyud ko ana niya
kay nag-abot mi ana nya didtu kay nag trabaho man pud na siya sa Canoy
Agricultural Supply, Dipolog City adtung panahon nga nag-trabaho pud ko
didtu. Tig-aswat man na siya sa mga sako sa feeds dayun suluguon pud sa
amuhang amo.
[Yes I know Desiderio Bubutan. He also worked before in Canoy
Agricultural Supply, Dipolog City. I really knew him because during the
time I worked at Canoy Agricultural Supply, Dipolog City, he also worked
there. He used to lift sacks of feeds and he also did some errands
requested by our boss.]

Q7: Kay ni ingun man ka nga naka trabaho ka sa Canoy Agricultural Supply,
Dipolog City gikan 1980’s until 1987, kabalo ba ka nga gi-tugutan si
Desiderio Bubutan sa imung amo nga si Mrs. Rosalina Gallemit-Canoy aning
mga tuiga nga mag tukod ug tangkal sa baboy sa portion sa yuta ni Mrs.
Rosalina Gallemit-Canoy?
[Because you said that you worked at Canoy Agriculutral Supply, Dipolog
City from 1980’s until 1987, do you know that Desiderio Bubutan was
allowed by your boss, Mrs. Rosalina Gallemit-Canoy in these years to
construct a pig-pen in the portion of Mrs. Rosalina Gallemit-Canoy’s
land?]
A7: Uo, kabalo ko anang sturyaha kay na-a gyud ko diha ug naka-dungug
gyud ko pag hangyo ni Desiderio Bubutan sa amung amu nga mag tukod ug
tangkal sa baboy sa portion sa yuta ni Mam Rosalina Gallemit-Canoy.
[Yes I really know the story because I was there and I heard it myself when
Desiderio Bubutan asked our boss to construct a pig-pen in the portion of
the land of our boss, Mam Rosalina Gallemit-Canoy.]

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Q8: Unya ni sugot si Mrs. Rosalina Gallemit-Canoy sa iyahang hangyo?
[Did Mrs. Rosalina Gallemit-Canoy agreed to his request?]
A8: Uo ni sigut si Mam Rosalina Canoy sa iyahang request kay tangkal sa
baboy ra man daw ang itukud dayun gi ingnan pud siya ni Mam Canoy nga
dili siya pwede kuhaon ug saop didtu kay tangkal sa baboy ra gyud iyahang
i-butang didtu dayun dili pud tanan nga area.
[Yes, mam Rosalina Canoy agreed to his request to build a pig-pen
because it was only a pig-pen that he will construct and then he was told
by Mam Canoy that he cannot be hired as a tenant in there because he
was only allowed to construct a pig-pen but not in all the areas of the
land.]

Q9: Sa ato pa, wala diay gi kuha si Desiderio Bubutan isip saop didtu sa
portion sa yuta ni Mrs. Rosalina Gallemit-Canoy?
[So you mean to say that Desiderio Bubutan was not hired as a tenant in
the portion of the land of Mrs. Rosalina Gallemit-Canoy?]
A9: Uo, dili man na siya saop adtung yuta-a. Gi tugutan lang na siya nga
mag tukod ug tangkal sa baboy didtu. Siguro naluoy ra to si Mam Rosalina
Gallemit-Canoy niya maong gi-tugutan.
[Yes, he was not a tenant of mam Rosalina Gallemit-Canoy. He was only
allowed to construct a pig-pen in there. Maybe because May Rosalina
Gallemit-Canoy pitted on him that is why she allowed him to construct a
pig-pen]

Q10: Kabalo ba ka nga naay KASO nila karon kay ming angkon ug matod pa
ni Desiderio Bubutan nga saop daw siya sa yuta sa mga Gallemit?
[Do you know that there is a pending case right now between Desiderio
Bubutan and the Gallemits because Desiderio Bubutan is claiming that he
is the tenant of the land of the Gallemits?]
A10: Uo, bag-o ra gyud ko naka hibawu. Na tingala lang ko nganung
nahimug saop si Desiderio Bubutan sa yuta sa mga Gallemit nga igu ra man
na siya gi tugutan mag tukod ug baboyan sa portion sa yuta ni Mam
Rosalina Gallemit-Canoy.
[Yes, I only knew recently. I am only wondering why Desiderio Bubutan
became a tenant in the land of the Gallemits when in fact, Mam Rosalina
Gallemit-Canoy only allowed him to construct a pig-pen in the portion of
the land of the latter.]

Q11: Nganu mang ming execute ka ani nga affidavit?

[Why are you executing this affidavit?]
A11: Kay arun ma sturya nako kung unsa akung nahibaw-an adtung nag-
trabaho pa ko sa Canoy, Agricultural Supply, Dipolog City, labi na
mahitungud kang Desiderio Bubutan, nga gi-tugutan lamang siya mag tukod
ug baboyan sa portion sa yuta ni Mam Canoy.
[So that I can narrate what I knew during the time I still worked at Canoy,
Agricultural Supply, Dipolog City, especially regarding the fact that

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Desiderio Bubutan was only allowed to construct a pig pen in the portion
of the land of Mam Canoy.]

Q12: Naa pa ba kay ganahan i-sturya?

[Do you have anything more to say?]
A12: Wala na sir.
[None sir]

IN WITNESS WHEREOF, I have hereto affixed my signature this 5th

day of July, 2017, at Dipolog City, Philippines.

JOSEPHINE P. PASTIDIO
Affiant
DSWD(Pantawid) ID No. 097206002-00318463

SUBSCRIBED AND SWORN to before me this 5th day of July, 2017, at

Dipolog City, Philippines. Affiant exhibited to me her competent proof of
identity which bears her photograph and signature, the details of which are
indicated below her name.

Doc. No. ______: JON ERIC G. CO

Page No. ______: Notary Public
Book No. __II___: Cities of Dipolog, Dapitan & Province of Zambo. Norte
Series of 2017. Until December 31, 2017
PTR No. 5487550 Jan 10, 2017 PTO-ZN
IBP OR No. 1042455 June 14, 2016
Roll No. 65074 June 17, 2016
MCLE Compliance No-Exempted
Serial No: ZDN-DPL-033-2016

I, Jon Eric G. Co, hereby confirm that I prepared the

Judicial Affidavit of JOSEPHINE P. PASTIDIO, or that it was
taken and prepared in my presence, and that the
foregoing is a complete and faithful record of the
questions asked and the corresponding answers that she
gave.

All the answers in the affidavit were supplied by her

who was not coached nor influenced by anybody, as the
same were all voluntarily and spontaneously given and
supplied by her.

4
 ATTY. JON ERIC G. CO
PTR No. 5487550 Jan 10, 2017 PTO-ZN
IBP OR No. 1042455 June 14, 2016
Roll No. 65074 June 17, 2016
MCLE Compliance No-Exempted

SUBSCRIBED AND SWORN to before me this 5th day of July, 2017, at

Dipolog City, Philippines.

5
Q3: Why did she issue the post-dated check?
A3: I am the owner/proprietor or manager of Dipolog Great Wall
Construction Supply (a business engaged in selling construction materials). On
the first week of January, 2014, one of our regular customers, spouses
Adonis R. Barbaso and Thelma B. Barbaso were able to obtain from me
several construction materials worth P2,000,000.00. Since they were our
regular customers, I agreed upon their request that instead of paying me
cash, they would issue a post-dated check as payment for the construction
materials. So in behalf of both of them, Thelma B. Barbaso issued a post-
dated check with a face value of P2,000,000.00 as payment.

PROOF:

Exhibit “B”
1. Metrobank Check No. 0156726
Date of the Check : November 6, 2014
Amount : P2,000,000.00
Payee : Cash
Account No. : 007-740-00016-7
Account Name : Adonis R. Barbaso and Thelma B. Barbaso
Reason for Dishonor : Account Closed

Q4: What did you do with the post-dated check?

A4: Within a reasonable time from the maturity of the check, I deposited it
to the bank for clearing and encashment. However, the check was
dishonoured by the drawee bank for the reason that the account on which
it was drawn was already closed. The fact of dishonour can be found on the
face of the check.

Q5: What did you do after the check was dishonoured by the drawee bank?
A5: A day after the dishonour of the check, I forthwith called spouses
Adonis R. Barbaso and Thelma B. Barbaso several times. I also asked them
to see me at my store. I wanted to tell them what happened to the check
and also make a demand for its payment.

Q6: Were you able to communicate with them your intention?

A6: Yes, sir. We talked for several times on the phone. We also talked at the
office as there were occasions that they went there.

Q7: What happened?

A7: They pleaded to me to give them time to pay for the post-dated check
and they made verbal promises to pay. They did not deny that they issued
the post-dated check. They just asked for forgiveness.

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Q8: Did they settle the post-dated check?
A8: No, sir.

Q9: So, what did you do?

A9: My lawyer told me that we need to give a formal notice of dishonour
and make a demand, so we sent to him a Notice of Dishonour and Demand
for Payment.

PROOF:

EXHIBIT “C” = Demand Letter/Formal Notice of

Dishonour dated November 22, 2016
addressed to Mr. Adonis R. Barbaso of SOY
ENG Construction

C-1 = Registry Receipt No. RD 620 495 284 ZZ

C-2 = Registry Return Card Dated Dec. 1, 2016

signed at the back by Adonis R. Barbaso

Q10: Did they receive the notice of dishonour?

A10: Yes sir. The registry return card will prove that they received the
notice of dishonour because it was signed at the back by Adonis R. Barbaso.
Also last December 8, 2016, Thelma B. Barbaso sent to us a letter of
response to the formal notice of dishonour and demand.

PROOF:

EXHIBIT “D” = Letter dated December 8, 2016,

signed by Thelma B. Barbaso.

Q11: Did Thelma B. Barbaso or Adonis R. Barbaso pay after they received
the formal Notice of Dishonour and demand?
A11: No, they did not pay anything.

Q12: So, what did you feel?

A12: I was bothered and sad. This has caused me so much inconvenience. I
have to engage the services of counsel.

Q13: Did you suffer any damages?

A13: Yes, sir. I consider their non-payment as a business loss. I also suffered
mental anxiety and stress.

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Q14: How much damages will you demand?
A14: P2,000,000.00 as face value of the check, I also demand P30,000.00 as
moral and exemplary damages. I also demand P30,000.00 for the
preparation of the case, and all legal expenses, inclusive of the attorney’s
fee. I will present the proof of my actual expenses of litigation during the
hearing.

Q15: Do you have anything more to say?

A15: No more unless further asked.

IN WITNESS WHEREOF, I have hereto affixed my signature this 9th

day of March, 2017, at Dipolog City, Philippines.

BASILISA S. LIM
Affiant
UMID ID No. 0111-0648834-7

SUBSCRIBED AND SWORN to before me this 9th day of March, 2017,

at Dipolog City, Philippines. Affiant exhibited to me her Unified
Multipurpose ID(UMID), which bears her photograph and signature, the
details of which are indicated below her name.

Doc. No. ______: JON ERIC G. CO

Page No. ______: Notary Public
Book No. __I___: Cities of Dipolog, Dapitan & Province of Zambo. Norte
Series of 2017. Until December 31, 2017
PTR No. 5487550 Jan 10, 2017 PTO-ZN
IBP OR No. 1042455 June 14, 2016
Roll No. 65074 June 17, 2016
MCLE Compliance No-Exempted
Serial No: ZDN-DPL-033-2016

I, Jon Eric G. Co, hereby confirm that I prepared the

Judicial Affidavit of BASILISA S. LIM, or that it was taken
and prepared in my presence, and that the foregoing is a
complete and faithful record of the questions asked and
the corresponding answers that she gave.

All the answers in the affidavit were supplied by her

who was not coached nor influenced by anybody, as the

8
 same were all voluntarily and spontaneously given and
supplied by her.
ATTY. JON ERIC G. CO
PTR No. 5487550 Jan 10, 2017 PTO-ZN
IBP OR No. 1042455 June 14, 2016
Roll No. 65074 June 17, 2016
MCLE Compliance No-Exempted

SUBSCRIBED AND SWORN to before me this 9th day of March, 2017,

at Dipolog City, Philippines.