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Judicial Affidavit Specific Performance

Exercise 10

Republic of the Philippines

11th Judicial Region
REGIONAL TRIAL COURT
Branch 21
Bansalan, Davao del Sur

JANI DEP, RYAN REENOLDS

Plaintiffs,
Civil Case No. 002
For: SPECIFIC PERFORMANCE
FOR ACCOUNTING AND
LIQUIDATION, DAMAGES and
ATTORNEY’S FEES WITH PRAYER
FOR TEMPORARY RESTRAINING
ORDER (TRO), PRELIMINARY
AND PERMANENT INJUNCTION
-versus –

WAYNE RAIDER,
Defendant.
x------------------------------------- /

JUDICIAL AFFIDAVIT

This Judicial Affidavit is being offered to show and prove the

following:
a. That affiant is the defendant in this case;
b. That the defendant duly informed one of the parties of his
resignation and the partnership has not been dissolved
hence making him not liable for anything and the complaint
of the plaintiff lacks any basis;
c. To prove damages sustained by WAYNE RAIDER due to
malicious filing of the above-titled suit; and
d. To prove all the other material allegations in the Answer as
the instant judicial affidavit may be relevant thereto.
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Exercise 10

Preliminary Statement

I am WAYNE RAIDER is of legal age, Filipino, married to

REGINA B. RAIDER, and a resident of Kangkong Street, Bansalan,
Davao del Sur.

The person interrogating me is Atty, Vanessa R. Matura. The

interrogation is being held at the same address. I am answering her
questions fully conscious that I do so under oath and may face
criminal liability for false testimony and perjury.

This Judicial Affidavit is written in English, a language known and

understood by me, and the examination and execution thereof were
done at 143 Bakakon Street Bansalan, Davao del Sur; and

This Judicial Affidavit shall serve as my direct testimony in this

case.

QUESTION AND ANSWER

Q1. Mr. Witness, are you Wayne Raider, the defendant in this
case?
A1. Yes, your Honor.

Q2. Do you know Jani Dep and Ryan Reenolds, the complainat
in this Case?
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Exercise 10

A2. Yes, your Honor.

Q3. How did you know them?

A3. They were my friends since college and eventually my

business partners in “Haliwood Marketing Services” a furniture store
located in Bansalan Davao del Sur.

Q4. Do you have Memorandum of Agreement with them with

respect to the said partnership business?

A4. Yes, your Honor.

Q5. Can you present the said agreement in to this Honorable

Court?

A5. Yes, here it is your Honor.

Q6. The Memorandum of Agreement was pre-marked as Annex

A, Am I correct?

A6. Yes, your Honor.

Q7. Is there a term or period stipulated in this agreement, and

how long if there is any?

A7. Yes, your Honor. I and the complainants entered into a

agreement that the partnership is to exist is fifty (50) years counted
from 20 January 2013.
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Exercise 10

Q8. Was the partnership already dissolved?

A8. No your honor. It is still existing and operating as of the

time being.

Q9. Did you inform the complainants that you are leaving the
partnership?

A9. Yes, your Honor. I informed Jani Dep but he was always
making excuses to meet me personally to talk about it.

Q10. Is there any agreement aside from this memorandum of

agreement you entered with the complainant? And what was that, if
there is any?

A10. No, your Honor.

Q11. Did you convey your whole interest to the partnership to

another person?

A11. Yes your Honor.

Q12. Who is it?

A12. I conveyed it to Brod Fit.

Q16. Can you present the said conveyance to this Honorable

Court?
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A16. I lost my copy of the said conveyance but I am exerting

the necessary effort to obtain a copy of it.

Q17. After conveying your interest what happened next?

A17. I informed Jani Dep and Ryan Reenolds through email,

text and Facebook messenger because I cannot reach them through
calls due to the fact that they are abroad most of that time.

Q19. Is there anything you want to tell in this court regarding

this case filed against you?

A19. Yes. I am not liable for anything and the complaint of the
plaintiff lacks any basis.

Q20. What is your request/prayer to this Honorable court?

A20. I respectfully prayed to this Honorable Court the

DISMISSAL of the complaint for lack of merit with costs against the
plaintiff; and that the defendant’s compulsory counterclaim be
granted, i.e., moral damages of One Hundred Thousand Pesos
(₱100,000.00), attorney’s fees of Fifty-Thousand Pesos (₱50,000.00),
and Three Thousand Pesos (₱3,000.00) per court appearance and
costs of suit.

Other reliefs just and equitable under the premises are likewise
prayed for.
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IN WITNESS WHEREOF, I have hereunto signed my name this 28th

day of May, 2018 at Bansalan Davao del Sur, Philippines.

WAYNE RAIDER
Affiant

SUBSCRIBED AND SWORN to before me this 28TH Day of May,

2018 at Bansalan Davao del Sur affiant exhibiting to me his SSS ID
NO. 567901 as evidence of identity.

ATTESTATION

I, Vanessa R. Matura, with office address at 143 Bakakon Street

Bansalan, Davao del Sur attest under oath as follows:

I personally conducted the interrogation of WAYNE RAIDER of 73

Kangkong Street, Bansalan, Davao del Sur in civil Case No. 002 filed
before the Regional Trial Court Branch 21, Bansalan Davao del Sur. I
faithfully recorded the questions I asked WAYNE RAIDER and the
answers he gave me; and neither I nor any other person then
present coached WAYNER RAIDER regarding his answers.

SUBSCRIBED AND SWORN to before me this 28th of May 2016 at

Bansalan Davao del Sur by affiant who is personally known to me.
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Exercise 10

VANESSA R. MATURA
Roll of Attorney No. 45969
PTR No. 123456; 01-02-01 / Bansalan Davao del Sur
IBP Life Member Roll No. 445789/07-08-01 / Bansalan Davao del Sur
MCLE Compliance No. V-897656 / 12-10-01

Doc. No.: 50
Page No.: 9
Book No.: II
Series of 2018.

Copy Furnished:
By Personal Service

ATTY. DOMINIC E. EMBODO,MBA

EMBODO LAW OFFICE
Counsel for the Plaintiff
143 Ramon Revilla Street
Bansalan, Davao del Sur