REPUBLIC OF THE PHILIPPINES RegionalTrial Court Cebu City Branch 25 KARRYL GASTON Plaintiff Versus
Case No. 12345 For: Collection of Sum of Money
ANNE S. QUINTO Defendant x_____________________________x JUDICIAL AFFIDAVIT OF ANNE S. QUINTO
This Judicial Affidavit of ANNE S. QUINTO is executed to serve her direct testimony in the instant case. I, ANNE S. QUINTO, of legal age, married, and a resident of Ma. Lina Village, Muntinlupa City, City, defendant defendant in this case, state under oath oath as follows:
PRELIMINARY STATEMENT
The person examining me is, Atty. Jeany Lou P. Lumbre, with office address at Unit 6, JPL Building, Acacia Street, Muntinlupa City. The examination being held in the same address. I am answering her questions fully conscious that I do so under oath and may face criminal liability for false testimony and perjury. PURPOSE: This affidavit/testimony of defendant ANNE S. QUINTO is being offered to prove that the plaintiff KARRYL GASTON did not enter into a Contract of Loan, assuming they did, herein defendant has no liability as to the allegations in the complaint.
Defendant will also prove that the Contract of Consignment of Goods she entered into with plaintiff Karryl Gaston contained a liability clause in consideration of a happening of a fortuitous event or force majeure. Q1: Please state your name and other circumstances for the record. A1: I am ANNE, ANNE, a Filipino, of legal legal age, married, married, resident of Ma. Lina Village, Village, Muntinlupa City. Q2: Do you know why you are here? A2: Yes, because I am the defendant in a case filed by Karryl Gaston. Q3: Do you know Ms. Karryl Gaston? A3: Yes, ma’am. I know and have met her personally. Q4: To the best of your knowledge, describe your relationship with Ms. Gaston. A4: Ms. Karryl Gaston is one of my consignors in my retail business.
Q5: Can you tell us what kind of transactions you deal with Ms. Gaston? A5: I get goods from her on consignment basis and pay the amount of items sold every quarter. Q6: I am showing you this document, herein referred to as Exhibit A, do you know this document? A6: Yes, Ma’am. Q7: What is this document? A7: That is the Consignment Contract I entered into with plaintiff, Karryl Gaston. Q8: Who signed this contract? A8: Myself. Q9: What is your purpose of signing it? A9: It was intended to secure the payment of goods that I personally got from the plaintiff. Q10: According to the information, there was a “no liability" clause in the said contract? A10: Yes, Ma’am. There was a no liability on my part in case of fortuitous event or force majeure. Q11: What happened on November 12, 2017? A11: A huge fire broke out where my store is located. I lost everything in the fire including the school supplies which I got on consignment from plaintiff Karryl Gaston. Q12: What did you do after the fire happened? A12. I immediately informed the plaintiff, Karryl Gaston of the said loss. Q13: Do you have proof of such notice? A13: Yes, Ma’am. I have a received copy of the letter I sent to plaintiff Karryl Gaston.
IN WITNESS WHEREOF, I have hereunto set my set my hand this 25th day of March 2018.
ANNE S. QUINTO Affiant
SUBSCRIBED AND SWORN TO before me ther 25 th day of March 2018, at Muntinlupa City, Philippines. The affiant personally appeared with SSS No. 1829019493 bearing her photograph and signature, known to me as the same person
who personally signed the foregoing instrument and avowed under penalty of law to the whole truth of the contents of the said instrument.
Atty. Jeany Lou P. Lumbre Unit 6, JPL Building, Acacia Street, Muntinlupa City Roll of Attorney No. _700876 IBP Lifetime Member No. 70767 Muntinlupa City PTR NO. 7489878 12/12/08 Muntinlupa City MCLE Compliance No. 6757 Doc. No. _4____; Page No.___1__; Book No.___1__; Series of 2018__.
ATTESTATION
I, JEANY LOU P. LUMBRE, of legal age, Filipino, single, and with office address at Unit 6, JPL Building, Acacia Street, Muntinlupa City, Philippines, after having been sworn, hereby depose and say: 1. I was the one who conducted the examination of Anne S. Quinto at my aforementioned office; 2.I have faithfully recorded or caused to be recorded the questions I asked and the corresponding answer that the witness gave; 3.I nor any person then present or assisting him coached the witness regarding her answers. IN WITNESS WHEREOF, I have hereunto affixed my signature this 25 th day of March 2018, at Muntinlupa City, Metro Manila, Philippines.
ATTY. JEANY LOU P LUMBRE
Affiant LTO License No. L08-99-1980 SUBSCRIBED AND SWORN TO before me ther 25 th day of March 2018, at Muntinlupa City, Metro Manial, Philippines. The affiant exhibited to me her competent proof of identity indicated below her name.
Notary Public Doc. No. ______; Page No. ______; Book No. ______; Series of 2015. COPY FURNISHED: ATTY. Maximo Oliveros Counsel for Accused Received by: Julian San Jose Date: March 26, 218 Karryl Gaston 123 Rainbow St.,Legaspi Village Makati City Received by: Karryl Gaston Date: March 26, 218
