REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT IN CITIES

BRANCH 10
ILOILO CITY

LLV FINANCE CORPORATION Criminal Case no. 007-448

Plaintiff
For: Robbery
(Article 302, RPC)
-versus-

NOEL JOHN L. GUSTILO

Defendant.

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JUDICIAL AFFIDAVIT

I, NOEL JOHN L. GUSTILO, of legal age, Filipino and a resident of 665 Culasi St. Jaro,
Iloilo City, defendant, in this case, state under oath as follows:

PRELIMINARY STATEMENT

The person examining me is Atty. _________________ with office located at 409,

Burgos St. Lapaz, Iloilo City. The examination is being held at the same address;

The direct examination is being conducted in English, a language known and understood
by me;

I am answering her questions fully conscious that I do so under oath and may face
criminal liability for false testimony and perjury:

QUESTIONS AND ANSWERS

Question (Q)1: Do you know LLV Finance Corporation, the plaintiff in this case?
Answer (A)1: Yes.

Q2: How did you come to know the said corporation?

Q2: It was referred to me by Mr. Keil Delima. The said Corporation served as a conduit or
middleman when he offered his van for sale to me and my co-defendant. It represented
itself as an agent in exchange for a commission and in order to earn money to the said
sale transaction, it offered me a loan for the sale of the Nissan Urvan Shuttle Van CSF-
935 to push through

Q3: Who is this Mr. Keil Delima?

A3: He is a resident of Block 1, Lot 12, Ana Ros Subdivision, Mandurriao, Iloilo City. He was
the owner of a Nissan Urvan Shuttle Van C3F-935 which he offered for sale to me and
 my co- defendant.

Q4: How did you come to know Mr Delima?

A4: When my brother found out that I was looking for a van for sale, my brother referred me
to him because he is involved in dealing with second-hand cars/vehicles.

Q5: After Mr. Delima was referred to you by your brother, what did you do next?
A5: We went to his shop in Mandurriao, Iloilo City. On January 2011, I decided to purchase
the van that he offered me and made a total down payment of One Hundred Ten
Thousand (P110,000.00) for the said van. I told him however, that I could not afford to
pay the remaining amount in cash and he contacted the plaintiff in this case.
Q6: What was the agreed price of the van?
A6: Three Hundred and Fifty Thousand Pesos (P350,000.00).

Q7: What happened next?

A7: A representative of the LLV Finance Corp. came to our place in Jaro, Iloilo City and
made an investigation of my credit standing.

Q8: After a representative of the plaintiff came to your place in Antique, what happened?
A7: They enticed, promised, and granted me a loan of Three Hundred fifty Thousand Pesos
(P350,000.00).

Q9: So, you said that Finance Corporation granted you a loan? How much was the said
loan?
A9: Three Hundred Thousand Pesos (P350,000.00).

Q10: What was the condition of the loan?

A10: The amount will be payable in three years and that we will pay a monthly amortization of
around Twenty Two Thousand Pesos (P22,000.00). Then we were made to sign a
Promissory Note and the Nissan Urvan Shuttle Van will be used as security or collateral
for the loan.

Q11: Why did you purchase the van?

A11: I bought the said van to Mr. Delima purposely to be used as a public utility vehicle to
augment our family income.

Q12: Were you able to use the said van as planned?

A12: Yes. But during the first six (6) months, from the time we purchased the said van, it
always encountered mechanical trouble and the income ought to be realized there from
were not met and we incurred deficit. We informed the plaintiff of the problem but they
failed to give us solution.

Q13: Were you able to pay the plaintiff of your monthly obligation?
A13: Yes. Despite the losses and mechanical troubles of the van, I was still able to pay my
monthly obligation of the plaintiff.

Q14: What happened next?

A14 In view of the mechanical troubles and the losses that we suffered, we decided to return
or surrender the said van to the plaintiff’s branch office in La Paz, Iloilo City..

Q15: What happened next?

A15: I came to know Gary Derequito, a resident of Lopez Vito, San Joaquin, Iloilo and driver
of Neon Bus plying the route of Culasi- Iloilo and vice versa

Q16: What transaction, did you have, if any, with Mr. Derequito?
A16: He was interested to assume our obligations with the plaintiff by way of subrogation.
Q17: What did you do next?
A17: On September 14, 2012, I together with Mr. Derequito and a certain “Dwight” went to the
plaintiff’s branch office in La Paz, Iloilo City.

Q18: What happened next?

A18: We were attended by Ms. Veronica Reyes. We informed her of our agreement and
asked if the plaintiff will allow Mr. Derequito to be subrogated to our rights and
obligations. Thereafter, she called her boss, a certain “Meldy” (Melody T. Caver), Branch
Manager and then she informed us that the plaintiff approved the novation of the
contract our loan and allowed the subrogation or assignment of our rights and
obligations in favor of Mr. Derequito.

Q19: What happened next?

A19: Ms. Reyes instructed me to surrender the van to their branch office in La Paz, Iloilo City,
to which I complied.

Q20: To whom did you surrender the van?

A20: To Ms. Veronica Reyes.

Q21: You said you surrendered the van to the plaintiff’s branch office in La Paz, Iloilo City.
What documents, if any, did you sign?
A21: There was none. We were not made to sign any document. She did not also issue any
receipt or document evidencing the surrender of the said van as well as the novation of
the contract of loan in our favor. I and Mr. Derequito informed Ms. Reyes of our
agreement of subrogation on the loan and the van and she said that it was approved.
We were of the honest belief that the novation and assignment was in effect and Mr.
Derequito has now the obligation to comply with the plaintiff.

Q22: What happened to the van?

A22: It was turned over by Ms. Reyes to Mr. derequito and from then on, he took possession
of the same up to the present.

Q23: What happened next?

A23: Sometime in the last quarter of the year 2012, I met a certain “Andrew” of LLV Finance
Corporation and he told me that Mr. Derequito had already made his first payment for
the van in compliance with our agreement of subrogation/assignment.

Q24: What can you say about the accusation against you?
A24: It is not true. In fact, the plaintiff was not honest enough to admit before this Honorable
Court the turn-over of the van to their office and then to Mr. Derequito. There was bad
faith on the part of the plaintiff when it failed to put into writing the
assignment/subrogation and agreement of novation as they have approved the same.

Q25: How much do you still owe the plaintiff?

A25: I have no more obligation with the plaintiff. It should be Mr. Derequito whom the plaintiff
should run after considering the subrogation and novation agreements and considering
further that they have received payments from the said person.

NOEL JOHN L. GUSTILO

Affiant