Republic of the Philippines MUNICIPAL TRIAL COURT IN CITIES 7th Judicial Reion !"anch 7# Cebu Cit$
LU% &LORA LAURON 'AP 'AP, Plaintiff,
CI(IL CASE NO) R*+7,-. &OR/ UNLA0&UL 1ETAINER# 1AMA2ES 3 ATT' ATT')4S )4S &EES
- versus E12AR AN1 JOAN (ILLACORTA 3 MA5IMO (ILLACORTA Defendants.
x-----------------------------------/ O&&ER O& TESTIMON'/
The testimony of the witness is offered to prove the following: 1. !. $. %. &.
'.
(. ). *.
That she she is the plaint plaintiff iff in this instan instantt complaint complaint That she is is the owner owner of a parcel of of land su"#ect su"#ect in this this instant instant case case That defend defendants ants were were lessors lessors of of su"#ect su"#ect propert property y That That she she will will test testif ify y that that defe defend ndan antt ceas ceased ed to pay pay mont monthl hly y rent rental al yet yet continued to occupy su"#ect property That That she sued sued defendan defendants ts for e#ectm e#ectment ent for their their refusa refusall to pay rentals rentals and vacate the property yet the defendants continued their vehement refusal to do so That That she she sent sent a dema demand nd lett letter er to the the defe defend ndan ants ts and and desp despit itee doin doing g so, so, defend defendant antss adaman adamantly tly contin continued ued to stay stay in the proper property ty and not paying paying rentals thereon That she will will testify testify on the damages damages incurred incurred "y the plainti plaintiff ff corporati corporation on due to the unlawful acts of the defendant That she she will identify identify certain certain documen documentary tary exhi"i exhi"its ts That she will will also also testify testify on other other related and and relevant relevant matters. matters.
+epu"lic of the Philippines ity of e"u - - - - - - - - - .. ------------------------------/ JU1ICIAL A&&I1A(IT
0, 1R) LU% &LORA L) 'AP, ilipino, of legal age, married and with residence and postal address at )'1 . Padilla t., 2am"aling, e"u ity, after having "een sworn in accordance with law, law, depose and say s ay that:
1. 3re you aware and conscious that this is under oath, and that any falsity of this 3ffidavit would su"#ect you to prosecution for false testimony or per#ury4 3: 5es sir, 0 am. !. 3re you the same D+. 678 69+3 6. 53P, the plaintiff in this case4 3: 5es, sir. 0 am Dr. 6u lora 6auron 5ap, the plaintiff in this case. $. Do you ;now
illacorta, the defendants in this instant case4 3: 5es, sir. illacorta. They are presently residing in my property in Pahina, an ?icolas, e"u ity. %. @hat particular property are they presently occupying right now4 3: They are presently occupying my residential house located in the accretion of 6ot 1A$'. &. Bow did they acCuire the su"#ect property4 3: 0 acCuired the house and lot as my inheritance from my parents Primitivo 6auron Dionisia 6auron. '. Bow come that the >illacortas are now occupying your residential house4 3: Their predecessor-in-interest Pastora 3ng 2osCueda leased this property from my father Primitivo 6auron (. @hen did Pastora 3ng 2osCueda start leasing this residential property4 3: ometime in 1*&*. ). @here is Pastora 3ng 2osCueda now4 3: he is already dead. *. 3fter her death, who continued to occupy the su"#ect residential house4 3: 6ucresia 6ucringE 3ng the daughter of Pastora 3ng and her hus"and 2aximo >illacorta. 1A. @hat was the mode of payment of the rental "y 6ucring to your father4 3: Fased on our record, 6ucring paid P )AA.AA per month until =une 1**&. 11.Bow are
3: They stopped paying the rental when 0 as;ed them to vacate from my property "ecause 0 was planning to develop the said property. 1%.@here was 6ucring now. 3: he is already dead. 1&. @ho are presently living in the said residential property after the death of 6ucring4 3: 2aximo their father and
3: 5es, sir, this is my tax declaration over the same parcel of land. H+eCuest for mar;ing of Ta; 1ecla"ation No) 972R*9*,+*.8 as E;hibit . Tecson. 0s this the same s;etch plan you are referring to4 3: 5es, sir. That is my s;etch plan depicting the survey of the said property. H+eCuest for mar;ing of S>etch Plan as E;hibit etch plan as E;hibit
was
at
!).Bow much was the arrears4 3: The arrears was at PKKKKKKKKKKKKKKKK. !*.Do you have proof of receipt of such rentals4 3: 5es, sir. These are the receipts. H+eCuest for mar;ing of Rental "eceipts as E;hibit <1=I $A.@hen did defendants stop paying their monthly rentals4 3: They stopped paying their monthly rentals on KKKKKKKKKKKKKKKKKKK. $1.@hen defendants stopped paying their monthly rentals, what did you do then4
3: 0 orally demanded from the defendant spouses to pay their due rentals and arrears and vacate the premises. $!.@hat was their reply to your demand4 3: They stu""ornly refused to pay monthly rentals and arrears as well as to vacate the premises despite my several oral demands for them to do so. $$.@hat then did you do in the light of their stu""orn refusal4 3: 0 then sued them for e#ectment "efore the 9ffice of the Farangay hairman of Pahina an ?icolas. $%.@hat was the result of such "arangay proceeding4 3: Despite the efforts for amica"le settlement "y the mem"ers of the 6upong Tagapamayapa, defendants continued their vehement refusal to pay rentals and arrears and vacate the premises. $&.Do you have proof of such "arangay proceeding4 3: 5es, sir. 0 was issued a ertification to ile 3ction from the 9ffice of the 6upong Tagapamayapa of Farangay Pahina an ?icolas. $'.0 have here an original copy of the ertificate to ile 3ction in Farangay ase ?o. 1A-1A!$ for <#ectment entitled Dr. 6u lora 5ap, complainant, versus =oan >illacorta/illacorta, respondents issued on 9cto"er 1A, !A1!. 0s this the same certification that you are referring to4 3: 5es, sir. That is the one. H+eCuest for mar;ing of Ce"tification to &ile Action as E;hibit illacorta, signed "y Paulino F. 6a"rado, handling counsel, with the conformity of Dr. 6u lora 6. 5ap. 0s this the same demand letter that you are referring to4 3: 5es, sir. This is the demand letter 0 caused to "e sent to them. H+eCuest for mar;ing of 1e?and Lette" as E;hibit <&=I $*.Due to the actions of the defendant spouses, did you incur damages or losses4
3: 5es, sir. 0 spent P1A,AAA.AA for the engagement of a lawyer to prepare the demand letter and to file this case in court. 0 will also incur P1,&AA.AA as appearance fee and P&,AAA.AA as litigation expenses. %A.@hat do you now pray of this Bonora"le ourt4 3: 0 earnestly pray to this Bonora"le ourt that it render a decision in my favor, ordering defendants to immediately vacate the premises of 6ot ?o. 1A$' and/or pay the appropriate and accumulated rentals thereon to "e determined until the final resolution of the case. 0 also hum"ly "eg the Bonora"le ourt to order defendants to pay the amount of P1A,AAA.AA as attorneyLs fees, P&,AAA.AA as litigation fees and P1,&AA.AA for every court appearance of my lawyer.
IN 0ITNESS 0@EREO&, 0 have hereunto set my hand this KKKKKK day of =anuary !A1$, in e"u ity, Philippines.
1R) LU% &LORA L) 'AP 3ffiant KKKKKKKKKKKKKKKKKKKKKKKKKKKKKKK KKKKKKKKKKKKKKKKKKKKKKKKKKKKKKK KKKKKKKKKKKKKKKKKKKKKKKKKKKKKKK
SU!SCRI!E1 AN1 S0ORN to "efore me, in the on the KKKKK day of =anuary !A1$, affiant exhi"ited to me her competent evidence of identity with the details shown a"ove. 0 here"y certify that 0 personally ;now herein affiant "eing my client, and after having personally examined him 0 am fully convinced that he has personally read and understood the foregoing #udicial affidavit and the allegations herein.
Doc. ?o. KKKKKK Page ?o. KKKKKK Foo; ?o. KKKKKK eries of !A1$.
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0, P3760?9 F. 63F+3D9, of legal age, ilipino, married and holding office at +m. !A!, 3niceta Fldg., 9smeMa Flvd., e"u ity, Philippines, after having "een duly sworn to in accordance with law, do here"y depose and state:
1. That 0 was the lawyer who conducted/supervised the 3ffiant D+. 678 69+3 6. 53P in the execution of her #udicial affidavit !. That the execution of said =udicial 3ffidavit was done in my office at +m. !A!, 3niceta Fldg., 9smeMa Flvd., e"u ity, Philippines on the KKKKK day of =anuary !A1$ $. That 0 faithfully recorded the Cuestions and the corresponding answers that she gave %. That neither did 0 coach her nor were there any other person doing the same regarding her answers to the Cuestions &. That 0 execute the foregoing affidavit to attest to the veracity of the foregoing facts and for whatever legal purpose this may serve. 0? @0T?< @B<+<9, 0 have hereunto affixed my hand this KKKKKK day of =anuary !A1$ in the ity of e"u, Philippines.
PAULINO !) LA!RA1O 3ffiant
7F+0F
