Republic of the Philippines

REGIONAL TRIAL COURT

National Capital Judicial Region
City of Manila, Branch ________

ANNE GAZA,

Plaintiff,
Civil Case No.__________
-versus- For: Collection for Sum of
Money with Prayer for
Preliminary Attachment
CHRISTINE GAPOR

Defendant.

X------------------------------------------------X

JUDICIAL AFFIDAVIT

I, ANNE GAZA, Filipino, of legal age, married and with postal

address at No. 31 Humabon St., Magallanes Village, Makati City, after
having duly sworn in accordance with law do hereby depose and say:

PRELIMINARY STATEMENT: The person examining me is Atty. Rhowee

Buergo of Buergo and Cabatbat Law Offices with office address at Unit
1102 The Centerpoint Building Julia Vargas Ave. cor. Garnet Rd.,
Ortigas Center Pasig City. I am answering her questions fully conscious
that I do so under oath and may face criminal liability for false
testimony and perjury;

a. Occupation of the witness: Businesswoman

b. Lawyer who conducted the examination of the witness: Atty.
Rhowee Buergo
c. Examination conducted at: Unit 1102 The Centerpoint Building
Julia Vargas Ave. cor. Garnet Rd., Ortigas Center Pasig City

The questions and answers in the judicial affidavit are prepared and
testified to by the witness in English, a language known to the witness
and which she fully understands.

ATTY. BUERGO: The testimony of the witness is being offered for the
following purpose:

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1. To prove that Defendant Christine Gapor obtained a loan from
Anne Gaza in the amount of Two Million Five Hundred Thousand
Pesos;

2. That said loan is evidenced by a Contract of Loan executed by and

between Anne Gaza and Christine Gapor, and a Promissory Note
executed by Christine Gapor in favor of Anne Gaza;

3. That Christine Gapor failed to pay the loan obligation which leads
to the filing of the instant case.

4. The witness will identify documents pertinent to this case

ATTY. BUERGO: With the kind permission of the Honorable Court.

1. (Q) Madam Witness, why are you here now?

(A) To give a sworn statement to constitute as testimony, in

the above-captioned case

2. (Q) Madam Witness you are the plaintiff in this case

(A) Yes, ma’am.

6. (Q) Do you know the defendant in this case?

(A) Yes, ma’am

7. (Q) Why do you know the defendant?

(A) Because we both entered in a contract and she

executed a promissory note where I am named as the
payee.

8. (Q) What is this contract?

(A) It is a contract of loan dated December 10, 2016.

9. (Q) What can you say about this contract?

(A) It is an acknowledgement of Christine Gapor of her debt.

10. (Q) How much is this debt?

(A) Two Million Five Hundred Thousand Thousand Pesos

11. (Q) Are there any other provisions in this contract?

2
 (A) Yes.

12. (Q) What provisions are these?

(A) A provision on the interest, the period of loan, provision

on default and manner of payment.

13. (Q) You said that there is an interest, how much is this?

(A) 12% per annum

14. (Q) And what is this period of loan

(A) We agreed that it will be due on December 10, 2017

15. (Q) How about the manner of payment?

(A) It was stipulated that she will pay to me the amount

loaned on December 10, 2017, at our house in No. 31
Humabon St., Magallanes Village, Makati City.

16. (Q) Now, I am showing to you a document which appears to

be a Contract of Loan previously marked as Exhibit “A”.
What is the relation of this contract to the one you
described?

(A) That is the contract of loan I am referring to.

17. (Q) On the lower left portion of the second page of the
contract, there appears to be a signature on top of
printed letters which appear to be Anne Gaza
which was previously marked as Exhibit “A-1”, what can
you say about these?

(A) That is my name and my signature.

18. (Q) Now, on the lower right portion of the same page, there
appears to be a signature on top of a printed letters
which appear to be Christine Gapor, previously marked as
Exhibit “A-2”. What can you say about these?

(A) That is the name of Christine Gapor and her signature.

19. (Q) And why do you know this signature?

(A) I saw her while she affix her signature in the contract.

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20. (Q) Now, you also mentioned about a promissory note. What
is this promissory note?

(A) It contains Christine Gapor’s promise to pay the loan she

obtained from me.

9. (Q) Now, I am showing to you a document which appears to

be a Promissory Note marked as EXHIBIT “B” dated
December 10, 2016. What can you say about this
document?

(A) It is the promissory note I am referring to.

10. (Q) On the lower left portion of this document, there appears
to be a printed name, with a signature on top of such
name marked as EXHIBIT “B-1”, what can you say about
this?

(A) That is the name of Christine Gapor and her and

Signature.

11. (Q) Why do you know that signature?

(A) I am a witness when she signed the document.

12. (Q) In that promissory note, how much is the stipulated loan?

(A) Two Million Five Hundred Thousand Pesos

13. (Q) What else is shown in that promissory note?

(A) The amount of interest.

14. (Q) How much is the interest?

(A) It is 12 percent per annum

15. (Q) What else can you say about this promissory note, if any?

(A) She promised to pay to me at my house in No. 31

Humabon St., Magallanes Village, Makati City.

16. (Q) Is there a date agreed upon when the loan will be paid?

(A) Yes.

17. (Q) What is that date?

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 (A) December 10, 2017

18. (Q) Now, after the execution of said promissory note, what
happened afterwards, if there is any?

(A) The promissory note became due on December 10, 2017

19. (Q) What happened after the promissory note became due on
December 10, 2017?

(A) On that date, I stayed all day at our house in No. 31

Humabon St., Magallanes Village, Makati City and
waited for Christine Gapor to come.

20. (Q) Are you alone in your house that day?

(A) No.

21. (Q) Who is with you?

(A) My niece, Ina Gales.

22. (Q) What happened next, if any?

(A) Christine Gapor never came to pay her loan obligation.

23. (Q) After such non-payment, what happened afterwards?

(A) Because she refused to pay, I sent her a demand letter

to remind her of the due payment.

24. (Q) Now I am showing to you a document which appears to

be a Demand Letter dated February 14, 2018 marked
as EXHIBIT “C”. What can you say about this
document?

(A) That is the demand letter I am talking about.

25 (Q) On the lower right portion of the document, there

appears to be a signature above the name Christine
Gapor marked as EXHIBIT “C-1”, what can you say about
this?

(A) That is Christine Gapor’s signature.

26. (Q) After the service of this demand letter, what happened
afterward, if there is any?

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 (A) Still no payments from Christine Gapor.

27. (Q) After such non-payment, what happened, if there is any?

(A) I filed a case for collection of sum of money with

prayer for preliminary attachment.

28. (Q) Is the case you are mentioning the instant case where
you stand as a witness at this very moment?

(A) Yes, ma’am

29. (Q) For failure of Christine Gapor to pay, what happened to

you, if there is any?

(A) I suffered mental anguish, serious anxiety and sleepless

nights because of that.

30. (Q) After filing said case, what happened afterwards, if there
is any?

(A) I paid for a lawyer and paid the cost for instituting the
case.

ATTY. BUERGO: That will be all for the witness. We manifest that this
Judicial Affidavit will serve as the direct testimony of the witness.

That this affidavit is being executed to attest to the truthfulness

and veracity of the foregoing facts which are based on my personal
knowledge and belief.

IN WITNESS WHEREOF, I have hereunto affix my signature this

10th of July, in Pasig City.

ANNE GAZA
Plaintiff-Witness

SUBSCRIBED AND SWORN to before me this 10th day of July , 2018 in

Pasig City, affiant exhibited her drivers license No. 12345 issued on August 9,
2017, in Manila. Further, I certify that I personally examined the herein
affiant that he voluntarily executed and fully understood his statements.

Notary Public:

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 Eden Paraiso
10 C, Legazpi Village, Pasig
CommissionNo. JKBNo19-116
Notary Public for Pasig City
until December 31, 2018
Roll No. 123456
IBP Roll No. 1234567,
01/05/18, Pasig City
PTR NO. 12345678, 01/05/18,
Pasig City
MCLE IV, 234567, 05/25/18
eden@gmail.com

Doc. No. 5;
Page No. 5;
Book No. 2;
Series of 2018.

ATTESTATION OF LEGAL COUNSEL

I, RHOWEE BUERGO, of legal age, Filipino, with office address at Unit

1102 The Centerpoint Building Julia Vargas Ave. cor. Garnet Rd.,
Ortigas Center Pasig City, after having been sworn to in accordance
with the law do hereby depose and say:

1. That I have faithfully recorded or caused to be recorded the

questions I asked and the corresponding answers that witness,
Anne Gaza, gave;

2. That I have not, nor any other person present or assisting

coached the witness regarding the witness’ answers; and

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

to disciplinary action, including disbarment.

IN WITNESS WHEREOF, I have hereunto affixed my signature this

10th day of July, in Pasig City.

RHOWEE BUERGO

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 Counsel for the Plaintiff

SUBSCRIBED AND SWORN to before me this 10th day

of July 2018 at City of Pasig affiant exhibiting to me her SSS No.
0002345678.

Notary Public:

Eden Paraiso
10 C, Legazpi Village, Pasig
Commission No. JKB No. 19-
116
Notary Public for Pasig City
until
December 31, 2018
Roll No. 123456
IBP Roll No. 1234567,
01/05/18, Pasig
PTR NO. 12345678,
01/05/18, Pasig
MCLE IV, 234567, 05/25/18
eden@gmail.com
Doc. No. 5 ;
Page No. 4;
Book No. 3 ;
Series of 2018.

COPY FURNISHED:

GALLARDO and HUEVOS LAW OFFICE

Counsel for the Defendant
CDE Bldg., Yakal Street
Mandaluyong City, Philippines 1605