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Judicial Affidavit

The document is a judicial affidavit from Pedro Delos Santos in a civil case regarding a construction project. Pedro affirms that he was contracted by Juan Dela Cruz to construct a commercial building. Pedro and Juan signed a contract agreeing to the design, budget, and timeline. Pedro states that when construction was half complete, Juan failed to pay the agreed upon 50% payment. Pedro issued a demand letter but Juan still did not pay. Pedro then stopped work on the building. Juan then filed a complaint against Pedro, despite being the party in breach of contract by not making the payment.

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April Rose Villamor
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276 views5 pages

Judicial Affidavit

The document is a judicial affidavit from Pedro Delos Santos in a civil case regarding a construction project. Pedro affirms that he was contracted by Juan Dela Cruz to construct a commercial building. Pedro and Juan signed a contract agreeing to the design, budget, and timeline. Pedro states that when construction was half complete, Juan failed to pay the agreed upon 50% payment. Pedro issued a demand letter but Juan still did not pay. Pedro then stopped work on the building. Juan then filed a complaint against Pedro, despite being the party in breach of contract by not making the payment.

Uploaded by

April Rose Villamor
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 5

Republic of the Philippines

REGIONAL TRIAL COURT OF MISAMIS ORIENTAL


10th Judicial Region
Branch ______
______________ City

JUAN DELA CRUZ, CIVIL CASE NO. 011101001


Plaintiff,

-versus- FOR:
Collection of Sum of Money,
PEDRO DELOS SANTOS, Attorney’s Fees, and Damages
Defendant.
x----------------------------------------/

JUDICIAL AFFIDAVIT
(PEDRO DELOS SANTOS)

I, PEDRO DELOS SANTOS, of legal age, single, Filipino citizen,


and a resident of Matina, Davao City, examined by counsel of record
____________ at her law office located at Centro, Davao City on
January 29, 2019, fully conscious that in answering them I did so under
oath and aware that I may be liable criminally for false testimony or
perjury, and I will identify and authenticate the document mentioned
in my Judicial Affidavit, hereby depose and state under oath that:

LEGEND: QUESTION: Q ; ANSWER: A

MS. VILLAMOR: With the kind permission of this Honorable Court.

1) Q Please state your name and other personal


circumstances.
A I am Pedro Delos Santos, of legal age, single, Filipino
citizen, and a resident of Matina, Davao City. I am an
Engineer by profession.

2) Q Do you know the plaintiff in this case?


A Yes, Attorney.

3) Q Why do you know him?


A Because he contracted my services in the construction
of his commercial building.

Page 1 of 5
4) Q Please narrate how this case started.
A Sometime in January 2015, plaintiff inquired from our
office for the construction of a commercial building.
At his request, we have researched, designed, and
proposed three potential structures, including the
estimated budget of each.

5) Q What happened next, if any?


A Plaintiff, having chosen the preferred design, agreed
to the proposal and budget plan we made.

6) Q I’m showing to you a copy of the proposal and budget


plan which we pray to be marked as Exhibit “1” to
“1-E”, are you referring to the same documents?
A Yes.

7) Q What happened next, if any?


A We have agreed to put into writing the conditions,
budget, and time frame of the said project. Thus, we
executed a Contract of Service on July 4, 2015.

8) Q I’m showing to you a copy of the Contract of Service


which we pray to be marked as Exhibits “2” to
“2-B”, are you referring to the same Contract of
Service?
A Yes, Atty.

9) Q After the execution of the Contract of Service, what


happened next?
A We have started the construction of the commercial
building. However, when my team was half way
done with the project, we did not receive the amount
agreed upon. As stipulated in the Contract, I was
supposed to receive 50% of the contract price.

10) Q What action did you take to enforce your right?


A I made several verbal demands but to no avail.
Eventually, I issued a demand letter to the plaintiff
compelling him to satisfy his obligation.

11) Q I am showing to you a copy of the demand letter


addressed to the plaintiff dated June 11, 2017 which
we pray to be marked as Exhibit “3”, are you
referring to the same document?

Page 2 of 5
A Yes, Atty.

12) Q What happened to your obligation with the plaintiff?


A Because the plaintiff breached our contract, I did not
continue the construction of the building.

13) Q What happened next, if any?


A I was surprised to receive a Complaint from the
plaintiff when in truth and in fact he was the one who
has an obligation to be satisfied.

14) Q Please go over your answer.


A This is all.

15) Q Do you affirm and confirm the truthfulness of your


answer?
A Yes.

16) Q I have no questions to ask, would you sign this


affidavit?
A Yes, I will sign it.

IN WITNESS THEREOF, I have hereunto set my hand this


January 29, 2019 in Davao City, Philippines.

PEDRO DELOS SANTOS


Affiant
GSIS ID No. 112-343

SUBSCRIBED AND SWORN TO BEFORE ME, this January 29,


2019 at Matina, Davao City, Philippines. And I further certify that I
have personally examined the affiant and I am satisfied that all the
above-stated information was given by him personally, freely and
voluntarily and that he understood the content thereof after the
same was interpreted and translated into the vernacular.

WITNESS MY HAND AND SEAL.

Page 3 of 5
__________________
Counsel for the Defendant

Doc. No. 3
Page No.1
Book No. XV
Series of 2019

ATTESTATION

I, _______________, of legal age, Filipino citizen, single, resident


of Davao City, after having been duly sworn to in accordance with law
do hereby depose and say:

1. That I am the counsel for the defendant in the above-titled case;

2. That I personally conducted the foregoing judicial affidavit;

3. That I certify that I faithfully recorded the questions I asked and


the answer of the witness;

4. That I likewise certify that neither I nor any person then present
had coached the witness regarding the latter’s answer.

IN WITNESS WHEREOF, I have hereunto affixed my signature


this January 29, 2019 in Davao City.

__________________________
Counsel for the Defendant

SUBSCRIBED AND SWORN to before me this January 29, 2019,


in Davao City. Affiant exhibited to me her SSS ID No. 112-323.

ATTY. AHMAN KA
Roll No. 1222334/TIN 123-888-112
PTR No. 344555, 1/14/19 Davao City
IBP OR No. 355577, 1/4/19 Davao City
MCLE Comp. No. VI-0000581, 9/29/2016
2/F JDP St., Matina, Davao City,
8888-3434

Page 4 of 5
Doc. No. 6
Page No. 2
Book No. LX
Series of 2019

Copy furnished by Registered Mail:

ATTY. ONE Reg. Receipt No. 12220-000


Cagayan de Oro City Date: January 29, 2019

EXPLANATION

The foregoing Judicial Affidavit is being served and filed 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 and file this Judicial
Affidavit.

Page 5 of 5

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