Republic of the Philippines

City of Manila

)
) S.S.

AFFIDAVIT
I, Rayhanah M. Abubacar, Filipino, of legal age, and currently a
resident of R335 La Residencia II, La Consolacion College, Mendiola, Manila,
after having duly sworn in accordance with law, hereby depose and say that:
1. I was a resident of Room 220 La Residencia I from August 26, 2008 to
April 15, 2010. On August 23, 2010, I paid the amount of P9,300.00
(OR Number 082308-5484) to a certain Ms. Joy who represented to me
that she was the one in-charge of the dorm. My monthly rental is
P4,000.00 plus P100 for my charger and later when I had my TV,
another P100.00. As we have agreed upon, the amount P9,300.00 of
which I paid constituted two months advance (P4,100 x 2= P8,200.00)
plus P1,100 for the month of August starting August 26, 2008.
2. I was informed last October 4, 2010 that I have un-cleared accounts in
La Res I. Per record, it was shown that I have an unpaid balance of
P13,300.00 corresponding the months of October to November 2009,
and March 2009.
3. I was surprised when I have learned of this because based on my
personal knowledge, I have paid the said amounts to Ms. Joy. My
conscience is clear. Further, I raise the following defenses:
a. There is a presumption in law that accepting payment for later
dates create a presumption that prior dues have already been
paid. It is for the management to prove that I have not paid
these rentals as they received my payments for the later
months. If it is true that I have not paid these rentals,
then I should have received a notice of demand and
should have been evicted as it is the standing policy of
the dorm that nonpayment for two months carries with
it a penalty of eviction.
b. During said months (March, October to November, 2009), I
have been residing in the dormitory. And so it would have
been impossible for me not to pay as Ms. Joy knew because
Im paying directly to her. I assumed that she had her own
records.

c. By practice, the administration had given Ms. Joy the authority

to receive rentals from the tenants of the dormitory. And by
giving such authority, I had been led to believe that
Ms. Joy was duly authorized to receive my payments. If
the management trusted her, with more reason that I
trusted her because she was the one dealing with me.
If there was negligence in this case, it is the management that
was negligent. The Management could have kept its own
record and could have noticed in its record that there was
nonpayment and should have therefore acted promptly and
inform me.
d. It is of my understanding that this case is not only peculiar to
me as my former roommate Jonalyn Gamboa also faced the
same and also my classmate Maria Theresa Abarientos.
Therefore, it only shows that the management had not been
following up with Ms. Joy whether or not the residents are
paying their monthly dues.
e. It would be unjust on my part to pay again said amounts as I
have already paid them.
4. I attest that the foregoing statements are true and correct.
IN WITNESS THEREOF, I have hereunto signed this document this ___th
day of October, 2010 at the City of Manila, Philippines.
______________________________
Affiant
SUBSCRIBED AND SWORN TO before me this ___th day of October,
2010 affiant exhibiting to me her CTC No. 03039936 issued on June 6, 2010
at the City of Manila and her Alumni ID No. 00111 issued by San Beda
College on October 20, 2010.

NOTARY PUBLIC