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Republic of the Philippines

METROPOLITAN TRIAL COURT
7th Judicial Region
Branch 7
Cebu City
ARMANDO R. DUHAYBALAY
Plaintiffs,
- versus -

Civil Case No. CEB - 54321

For: Damages, Attorney Fees
And Rental Fees

SHEILA MAY K. PAUGAT

Defendant.

JUDICIAL AFFIDAVIT OF WITNESS

This Judicial Affidavit of Swift Honeymuch Arao is executed to serve as
his/her direct testimony in the instant case. This Judicial Affidavit is offered
to prove:
(1) All the allegations in the complaint; (2)including all the ANNEXES
appended thereto, which he respectfully requests to be correspondingly
marked as EXHIBITS in this case ; and ( 3) all matters related thereto, with
reservation to present additional exhibits in the course of the proceedings of
the instant case.
It is respectfully prayed that the Honorable Tribunal admit this Judicial
Affidavit of Ms. Swift Honeymuch Arao as the Direct Examination of the
witness in order to expedite the proceedings.
QUESTIONS were propounded by plaintiffs counsel, Atty. Racel May
Berdin, in English, which the affiant fully understands, while ANSWERS
were given/made by witness Ms. Swift Honeymuch Arao, in English
dialect and the corresponding translation of his answer is provided after each
question whenever practicable.
1. Please state your name, age, and residence address.
Ans. My name is Swift Honeymuch Arao. Im 55 years old. I live in Sitio
Lutaw-Lutaw, Barangay Tisa, Cebu City.

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2. How are you related to the complainant in this case?

Ans: The complainant in this case is the owner of the house that Im taking
care of. Actually, my family was the caretaker of that property ever since.
After the death of my parents, the responsibility was left to me.
3. How many years have you been the caretaker of the said property?
Ans: Since the death of my parents. Way back in 1995.
4. Are you aware of the existence of a contract of lease entered into
between the plaintiff and the defendant?
Ans: Yes. For at that time of the execution of the same I was one of the
subscribing witnesses to the contract of lease.
5. At the time of the execution of the contract, where were you when
the parties signed the contract?
Ans: I was present when such contract was signed.
6. Where specifically?
Ans: At the rented house owned by Sir Armando at Sitio Lutawlutaw,
Baragay Tisa, Cebu City.
7. Aside from you, who else were present?
Ans: Mr. Duhaybalay, the complainant, Ms. Paugat, the defendant, Mr. Arj
Salva, the other subscribing witness and Atty. Dandan Dalandan who
notarized the said document.
8. Were you aware of the terms of the contract of lease?
Ans: As I have read and signed, the contract was for five years from
February 14, 2002.
9. By the end of the five year contract of lease entered into last
February 2002, did the parties renew the contract?
Ans: As far as I know, there was no renewal made after the expiration of the
lease contract.

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10. Were you aware of the written demands made by Mr. Duhaybalay
to the leasee?
Ans: Yes. In fact, I was the one who delivered the written notice from Mr.
Duhaybalay to the lessee.
11. After June 2007, what have you observed?
Ans: The lessee did not leave the premises and continued occupying the
house.
12. Do you attest the truthfulness of your statements and allegations
in this Judicial Affidavit?
Ans. Yes
14. No further questions, Your Honor.
IN WITNESS WHEREOF, I have hereunto affixed my signature this
3rd day of October, 2014 at Cebu City.
Swift Honeymuch Arao
Affiant
SUBSCRIBED and sworn to before me, this 3rd day of October 2014,
in Cebu City.
I hereby certify that I personally examined the affiant; that she has
voluntarily, knowingly and intelligently executed the foregoing and that she
fully understands it contents.

ADMINISTERING OFFICER

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- lease agreement
- Receipt of payment for five years
- After expiration of contract, allowed to stay without executing a new
contract
- Written notice given to the defendant to vacate the premises
(acknowledged and agreed)
- Formal demand letter in writing from a lawyer (twice)