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Republic of the Philippines

MUNICIPAL TRIAL COURT OF MISAMIS ORIENTAL


10th Judicial Region
Branch 25
Cagayan de Oro City

JUAN DELA CRUZ, Civil Case No. 0111011

Plaintiff, For: Collection of Sum of Money,


Attorney’s Fees and Damages
-versus-
PEDRO DELOS SANTOS,
Defendant.
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JUDICIAL AFFIDAVIT

I, PEDRO DELOS SANTOS, of legal age, Filipino and residing at


Davao City, examined by counsel on record, Atty. Maria Ramirez, at his law
office at Davao City, after having been duly sworn to an oath in accordance
with law, and after being reminded of the consequences of making statements
which I know to be false, do hereby depose and state:

1. Q: Do you swear under oath to answer the questions asked of you and that
you may face criminal liability for false testimony if you knowingly
make false statements?

A: Yes, I do;

2. Q: Are you the defendant in this case?

A: Yes, I am;

3. Q: Do you know the plaintiff in this case?

A: Yes, I do;

4. Q: Why do you know the plaintiff?

A: Because I borrowed money from him;

5. Q: How much did you borrow from the plaintiff?

A: Nine hundred thousand pesos (P900,000) only;

6. Q: Did you have further agreements with the plaintiff as to the interests of
said loan?

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A: No. As evidenced by the promissory note, there was no agreement that
I will pay one hundred thousand pesos (P100,000) as interest.

7. Q: I am showing to you a promissory note, to be attached in this affidavit,


and submitted to the Court, what is the relation of this promissory note
to that you mentioned?

A: This is the same promissory note that I mentioned (Attached herein as


Annex “1-B”)

8. Q: How do you know that this is the promissory note?

A: I know because it was executed by the both of us in the presence of one


another;

9. Q: Was there any agreement executed by you and the plaintiff other than
this?

A: No, there is none;

10. Q: Did you offer to pay your loan to the plaintiff?

A: Yes, I did;

11. Q: When did you made such offer?

A: On December 29, 2018’

12. Q: How much did you offer to pay?

A: Nine hundred thousand pesos (P900,000);

13. Q: Did the plaintiff accept your offer to pay?

A: No, he did not;

14. Q: Did he state any reason why he wouldn’t accept your payment?

A: No, he did not;

15. Q: As of January 30, 2019, how much is your loan to the plaintiff?

A: As of January 30, 2019, I still owe the plaintiff nine hundred thousand
pesos (P900,000) only;

IN WITNESS WHEREFORE, I hereunto affix my signature on


January 30, 2019 in Davao City.

__________________________
PEDRO DELOS SANTOS

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SUBSCRIBED AND SWORN TO BEFORE ME, on January 30,
2019, in Davao City. I certify that the contents of the foregoing affidavit were
translated to the affiant in the Visayan and/or Filipino dialect, a language he
knows and understands and that he fully understood the same.

Doc. No. ___;


Page No. ___;
Book No. ___;
Series of 2019.

SWORN ATTESTATION

I, ATTY MARIA RAMIREZ, Counsel for the defendant, in the


above entitled case, after having been duly sworn to an oath in accordance
with law, hereby depose and state that:

1. I have conducted an examination of PEDRO DELOS SANTOS, the


defendant in this case;

2. That I faithfully recorded the questions I asked him and the


corresponding answers that he gave;

3. Neither I nor any other person other than present or assisting him
coached the said witness regarding his answers.

IN WITNESS WHEREOF, I hereunto affix my signature on January


30, 2019 in Cagayan de Oro City.

__________________________
ATTY. MARIA RAMIREZ

SUBSCRIBED AND SWORN TO BEFORE ME, on January 30,


2019 in Davao City. Affiant exhibited to me for identification purposes the
following IBP ID Card No. 12345.

Doc. No. ___;


Page No. ___;
Book No. ___;
Series of 2019.

Copy Furnished by Registered Mail:

Atty. Manuel Cruz Reg. Receipt No.: ____________


Counsel of Juan dela Cruz Date: ________
Cagayan de Oro City

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EXPLANATION

The foregoing Judicial Affidavit is being served by registered mail


with registry receipt and return card, personal service thereof not being
practicable due to distance, time constraints, and lack of personnel to go to
Cagayan de Oro City to serve this Judicial Affidavit. A copy of this motion
has likewise been sent through private courier.

MARA LORRAINE RAMOS

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