REPUBLIC OF THE PHILIPPINES )

CITY OF MAKATI, METRO MANILA ) S.S.

METROPOLITAN TRIAL COURT

MULTIMIND CIVIL CASE No. 44357

SOLUTIONS For: Unlawful Detainer

PHILIPPINES, INC., (Rules of Court Rule 70)

Plaintiff,

-versus-

TONI ANGELI COO,

Defendant.

x----------------------------------x

MOTION TO STRIKE OUT

MAXINE MEDINA GOs JUDICIAL AFFIDAVIT

TONI ANGELI COO, by counsel, respectfully states:

1. On 15 March 2017, we received a copy of the Judicial Affidavit

entitled, Judicial Affidavit of Maxine Medina Go, wintness, in entering into
the Contract of Lease, dated 02 March 2017 (hereinafter, the Judicial
Affidavit).

2. It is submitted that the Judicial Affidavit is improper, sham, and

immaterial, and should be stricken out from the record in accordance with
the Judicial Affidavit Rule A.M. No. 12-08-08-SC
 3. The Rules of Court requires that only the original copy of the
document should be produced if the contents of the document are the subject
of inquiry. In the Judicial Affidavit of the opposing party they only presented
a photocopy of the contact of lease, which is a clear violation of the rule in
admissibility of evidence as provided in the Rules of Court, particularly:

Rule 130, Section 3. Original document must be produced;

exceptions. When the subject of inquiry is the contents of a
document, no evidence shall be admissible other than the original
document itself, except in the following cases:

(a) When the original has been lost or destroyed, or cannot be

produced in court, without bad faith on the part of the offeror;

(b) When the original is in the custody or under the control of the
party against whom the evidence is offered, and the latter fails to
produce it after reasonable notice;

(c) When the original consists of numerous accounts or other

documents which cannot be examined in court without great loss of
time and the fact sought to be established from them is only the
general result of the whole; and

(d) When the original is a public record in the custody of a public

officer or is recorded in a public office.

4. The submission of MULTIMIND SOLUTIONS, as witnessed by

MAXINE MEDINA GO, that the contract of lease was not intended to
transfer ownership over the condominium place to Angelo Coo on December
of 2015 should not be given credence for it was a clear violation of the Rules
of Court under the rules on Parol Evidence and Testimonial Evidence,
therefore, it should be stricken as supported by following provision:

Rule 130, Section 9. Evidence of written agreements. When the

terms of an agreement have been reduced to writing, it is considered
as containing all the terms agreed upon and there can be, between the
parties and their successors in interest, no evidence of such terms
other than the contents of the written agreement.
 Section 36. Testimony generally confined to personal knowledge;
hearsay excluded. A witness can testify only to those facts which
he knows of his personal knowledge; that is, which are derived from
his own perception, except as otherwise provided in these rules.

The failure of the MULTIMINDS CORPORATION and REBECCA

OFALSA to substantiate their claims, to follow the Rules of Court and
Judicial Affidavit Rule proves a willful disregard of the law.

PRAYER

WHEREFORE, it is respectfully prayed that the Judicial

Affidavit of Rebecca S. Ofalsa, as President, in entering into the Contract of
Lease, dated 02 March 2017 filed by REBECCA OFALSA be expunged
and stricken from the record.

Other just and equitable reliefs are likewise prayed for

Makati City, 20 March 2017

ATTY. CLARK RAMOS

Counsel for Defendant
UNIT 1, GOMEZ BUILSING
JULIA VARGAS AVE. MAKATI CITY
IBP NO. 987654; 01/10/10-MANILA
PTR NO. 345264; 01/10/10-MANILA
ROLL NO. 3245675 05/05/07
MCLE NO. I-003214; 09/02/08

COPY FURNISHED:

JULIUS C. DIMACULAGAN
Counsel for Plaintiff
 SUBSCRIBED and sworn to before me in Makati City on March 2,
2017, affiant showing her competent proof of identity, to wit: SSS Member
ID No. 8888.

ATTY. MIRIAM DEMAGIBA

Notary Public
Until December 31, 2017
Roll No. 34567
IBP No. 12345/1-5-00/Manila
PTR No. 87654/12-22-
00/Manila
MCLE No. I 001234; 9/09/16
MCLE No. I 005678; 9/09/16
 By____________
_________
Time__________
___

NOTICE OF HEARING

REBECCA S. OFALSA
PLAINTIIF
7 Washington Coop, La Posada Brittany Bay
Sucat, Muntinlupa, Metro Manila

Greetings,
Please be notified that the undersigned will submit the foregoing Motion to
Strike out Judicial Affidavit to be submitted for the consideration and
approval of the Honorable Court on ___________________ at
___________ or as soon as counsel and matter may be heard.

ATTY. CLARK RAMOS

COUNSEL FOR THE DEFEDANT
 SAN BEDA COLLEGE
SCHOOL LAW ALABANG

LEGAL FORMS

SUBMITTED TO: ATTY. FRANCESCA SENGA

SUBMITTED BY: Mikhail Josef P. Soriano (20013400064)