Republic of the Philippines

First Judicial Region

REGIONAL TRAIL COURT
Baguio City
Branch 4

JOHNNY WALKER,
Plaintiff,

Civil Case No. 4

-versus-
For: SPECIFIC PERFORMANCE WITH
DAMAGES
LUPA REALTY,
INCORPORATED
Defendant.
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JUDICIAL AFFIDAVIT OF JOHN LLOYD CRUZ

I, JOHN LLOYD CRUZ, Filipino, of legal age with residence address at 100
Buencamino St., BF East Phase 9, Las Pinas City, after having been duly sworn
in accordance with law, hereby depose and state that:

The following testimony had been elicited in an examination conducted and

supervised by ATTY. KYRIE C.A. ELEISON of the FGT LAW OFFICES, with office
at Suite 308 3/F Laperal Building Session Road, Baguio City 2600 Philippines.
The examination is being held at the aforementioned office address.

I am answering his questions fully conscious that I do so under oath and

may face criminal liability for false testimony and perjury.

TESTIMONY

1. Q: Mr. Witness, kindly state your name and other personal

circumstances.

A: I am John Lloyd Cruz, Filipino, of legal age, married, with residence

address at 100 Buencamino St., BF East Phase 9, Las Pinas City.

2. Q: Kindly state your present occupation.

A: I am currently the Manager of Pang-Ur Golf and Country Club

(PGCC).

3. Q: How long have you been working as a manager of PGCC?

 A: I have been a manager for 15 years already.

4. Q: And what is the business of Pang-Ur Golf and Country Club

(PGCC)?

A: PGCC is a privately owned club of Lupa Realty Incorporated

(LRI), with a closed membership, that generally offers both a variety of
recreational sports and facilities for dining and entertaining. It also issues
corporate shares through the majority approval of the Board and 2/3 of
the members of those representing the outstanding capital stock of the
said company.

5. Q: What proof, if any, do you have that PGCC is owned by LRI?

A: I have here with me a copy of the Certificate of Business

Ownership showing that PGCC is owned by LRI.

Atty. Eleison: Please mark Certificate of Business Ownership as Exhibit “A”.

6. Q: You mentioned about PGCC’s stocks. What happened to them?

A: Actually I have here with me a certified true copy of PGCC’s stock

and transfer book particularly showing that the shares of PCGG are in the
name of LRI. If I remember it right, I was invited during LRI’s Board
Meeting last December 31, 2008, when it was mentioned that two (2) of
the corporate shares of PGCC with a book value of Php2,000,000 per
share were to be delivered and transferred to the name of Johnny Walker.

Atty. Eleison: Please mark certified true copy of PGCC’s stock and transfer book as Exhibit
“B”.

7. Q: At this point in time, what is the current status of these shares?

A: Well as mentioned, these shares are still in the name of LRI as

indicated in its stock and transfer book.

8. Q: You also mentioned about PGCC’s facilities and amenities. What

happened to them?

A: Although I was informed actually that Johnny Walker was assured

by LRI to use PGCC’s facilities and amenities, these were already used by
other persons on the representation that the shares owing to Walker were
owned by these specific persons. I informed LRI about this but the
company allowed such usage so I opted not to question the same.

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 9. Q: What did you do, if any, knowing that the amenities of PGCC were
already used by other individuals and the two (2 ) corporate shares that
were supposed to be in the name of Johnny Walker were still not delivered
to him?

A: Well, I asked the Chairperson of LRI, in the name of Joyce Jones if

other individuals can use PGCC’s amenities which should be exclusively
enjoyed by Walker but the Chairperson did not mention any prohibition.
So I surmised that there was no conflict and everything is settled between
both parties already. It was only when Walker confronted me way back in
2010, and asked the same question why other persons are already using
the facilities, did I realize that such clash would ensue. As to the shares, I
did not bother to ask LRI about the non-delivery of the same to Walker
as I thought it is an internal matter between the Board and Walker.

10. Q: Mr. Witness, do you warrant that the documents attached to this
Judicial Affidavit are faithful copies and/or reproductions of the originals
or certified true copies thereof?

A: Yes, Ma’am. I warrant that the copies of the documents attached

to my Judicial Affidavit are faithful reproductions of the originals or
certified true copies thereof.

NO FURTHER QUESTIONS.

IN WITNESS WHEREOF, I have hereunto set my hand this 17th day of April

2017 in Baguio City.

JOHN LLOYD CRUZ

Affiant

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 SUBSCRIBED AND SWORN to before me this 17th day of April 2017 in

Baguio

City, affiant exhibiting to me as proof of his identity his ID No. Philippine

Passport No. EB8738522 issued by DFA Manila and valid until July 20, 2018.

Doc. No. 1;

Page No. 1;

Book No. 1;

Series of 2017.

ATTESTATION

I, KYRIE C.A. ELEISON, of legal age, with Suite 308 3/F Laperal Building
Session Road, Baguio City 2600 Philippines, after being sworn in accordance
with law hereby depose and state that:

1. I am the lawyer who conducted and supervised the examination of

John Lloyd Cruz.

2. I faithfully recorded or caused to be recorded the questions asked

and the corresponding answers that the witness gave.

3. I did not nor did anybody coach the witness regarding his answers
in his judicial affidavit.

IN WITNESS WHEREOF, I have hereunto set my hand this 17th day of April

2017 in Baguio City.

KYRIE C.A. ELEISON

Affiant

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 SUBSCRIBED AND SWORN to before me this 17th day of April 2015 in

Baguio City, affiant exhibiting to me his TIN I.D. bearing his photograph and

signature.

Doc. No. 1;

Page No. 1;

Book No. 1;

Series of 2017.