University of Negros Occidental Recoletos

Bacolod City, Negros Occidental

School of Law

LEGAL FORM
Complaint
and
Judicial Affidavit

Jeffrey A. Poblador
4th Year LO2

REPUBLIC OF THE PHILIPPINES)

CITY OF BACOLOD
) S.S
X----------------------------------------------X

JUDICIAL AFFIDAVIT
I, MARIO, Filipino, of legal age, and a resident of lacson street
Bacolod City, after having duly sworn to in accordance with law,
depose and say that:

SWORN STATEMENT
Q1 Mr. witness, please be reminded that your testimony will be
under oath and will be put into writing in affidavit form. Do you
swear to tell the truth, the whole truth and nothing but the truth
in this case?
A

Yes, sir.

Q2 Mr. Witness, you are the defendant in this case?

A

Yes, sir.

Q3 Mr. Witness, are you fully aware that if you will testify, you could
face criminal liability for perjury?
A

Yes, sir.

Q4 Do you know the plaintiff, the one who initiated the filling of this
CIVIL CASE NO. 12345 in your behalf?
A

Yes, sir. She is owner of the Apartment unit 25-C.

Q5 Will you state for the record, When did you rented the unit 25-c
of the apartment of the plaintiff and how much the monthly
rental of the said apartment unit?
A

As I can recall, I started to rent last January 15, 2012 and the
agreed monthly rental is P 4,285.00 or P15, 000.00 quarterly.

Q6 What document if there is any that you and the plaintiff

executed in connection with the rental /lease agreement of the
said apartment unit?
A

Yes, sir. We executed a lease agreement of the unit 25-C.

Q7 Showing to you a document to be the lease contract marked as

EXHIBIT 1 duly
notarized by Atty. Juliet
Gonzales
last Page 1 of January 5, 2012, what can
you say about this
document?
5
A

The document is authentic sir.

Q8 Do you pay regularly the plaintiff, the monthly rental of your

apartment from the time you rented her apartment unit?
A

Yes, sir. I was regularly paying my monthly rental dues on or

before the 15th of the following month.

Q9 On what particular month that youre regularly pay your rental

dues?
A

From the moment when I rented the said apartment meaning

from January 15, 2012 to June 15, 2012.

Q10 And what about from June 15, 2012 to January 15, 2013. Did
you pay the rental dues for the said months?
A

No, sir.

Q11 What is your reason that why you did not pay the rental dues of
your apartment unit to the plaintiff?
A

I was complaining to her that she should fix the ceiling of my

unit because there was a hole in the roof and the rain water
was pouring out and my unit always flooded when it rains and
she always kept her promise to repair it but did not happen. And
to my mind it is best not to pay her and the equivalent rental
dues should be finance to repair the said ceiling.

Q12 Is that proper that you use the rental dues to finance the
repair?
A

Yes, sir. Because in our contract of leased there is an express

provision stipulated that In event of emergency the lessee shall
make necessary step to prevent further damage to the
apartment unit if the danger is eminent to the structure. But
subject to actual liquidation of all expenses incurred during the
preservation and deductible to the monthly rental.

Q13 How much the cost of expenses did you incurred to that
emergency repair of the apartment unit?
A

The total repair expenses cost at P 55,000.00 which compose

of materials cost P 45,000.00 and labor cost of P 10,000.00.
Q14 Mr. Witness, I
am showing to you the
Page 2 of
document
purportedly
the
receipt
5
marked
as
EXHIBIT 2 issued by the
contractor Dynapro Contraction Services date August 12, 2012,
what can you say about this document?
A

That document is the Official receipt which I was paid for the
repair service of my unit apartment.

Q15 Now, as far as you concerned, what happened to you when you
learned that there was a case filed against you by the plaintiff?
A

I suffered sleepless nights, besmirch reputation especially in

Bacolod City.

Q16 And what relief have you asked from this Honorable Court?
A

The case should be dismissed, and the plaintiff should pay me

for moral damages of P 500,000.00 and exemplary damages of
P 200,000.00.

Q17 Now, in defending your rights, what did you do?

I hired the legal services of Atty. Leo S. De Arabia.

Q18 And what was your agreement with him?

A

I paid P 50,000.00 as acceptance fee, P 2,500.00 per court

appearances and additional P 30,000.00 if he case will win.
ATTY. DE ARABIA: That will all for the witness.

That this affidavit is being executed to attest to the truthfulness

and veracity of the foregoing facts which are based on my personal
knowledge and belief.
IN WITNESS WHEREOF, I have hereunto affixed my signature
this 28th day of February, 2013, Bacolod City, Philippines.

MARIO
Defendant
SUBSCRIBED AND SWORN to before me this 20th day of
February, 2013 at Bacolod City, Philippines, affiant is exhibiting to me
her SSS ID Card No. 07-236756-9 issued by SSS Bacolod City
Branch Office.
Page 3 of
5
NOTARY
PUBLIC
Doc. No.

_____

Page No. _____

Book No.

_____

Series of

_____

ATTESTATION
I, LEO S. DE ARABIA, of legal age, Filipino citizen, after having
duly sworn to in accordance with law do hereby depose and say:
1. That I am the counsel of record for the defendant in the
above-entitled case;

2. That I personally conducted the foregoing judicial affidavit of

Mario;
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 latters
answer.
IN WITNESS WHEREOF, I have hereunto affixed my signature
this 28th day of February, 2013, Bacolod City, Philippines.

LEO S. DE ARABIA
Attorney for the Defense

SUBSCRIBED
Page 4 of AND SWORN to before
me this 20th day of
February,
2013
at
5
Bacolod City, Philippines, affiant is exhibiting to me his Driver License
No. FO1-236756-9 issued by LTO Bacolod City Branch Office.
NOTARY
Doc. No.

_____

Page No. _____

Book No.

_____

Series of

_____

PUBLIC

Page 5 of
5