REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT IN CITIES

BRANCH 1
ILOILO CITY

MARIETTA LEMERY,
Plaintiff,

-versus- CIVIL CASE No. 1234

For: Sum of Money

DANNY PAS LAMERA,

Defendant.
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JUDICIAL AFFIDAVIT

Witness:
DANNY PAS LAMERA, a businessman, of legal age, Filipino, and resident
of 123 Rizal St., Barangay Maria Clara, Iloilo City.

Examining Lawyer:
ATTY. ROBERT E. PONJE
6/F, V. Tower
Megaworld, Iloilo City

Place of Examination:
V Law Office
6/F, V. Tower
Megaworld, Iloilo City

Formal Offer: Your honor, we are offering the testimony of Defendant

Danny Pas Lamera who will be testifying to refute the material allegations
in the Complaint of Marietta Lemery against him. Defendant, in the course
of his testimony, will identify documents pertinent to this case and will also
testify on other allied matters.

I, DANNY PAS LAMERA, of legal age, Filipino, married and a

resident of 123 Rizal St., Barangay Maria Clara, Iloilo City, after having duly
sworn to in accordance with law, hereby states that:

I am answering the questions propounded by my counsel, Atty. Robert

E. Ponje of V. Law Office, Megaworld, Iloilo City, fully conscious that I am
under oath and that I may face criminal liability for false testimony or
perjury;

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 This judicial Affidavit is written in English, a language known and
understood by me, and the examination and execution thereof were done at
V Law Office, 6/F, V Tower, Megaworld, Iloilo City; and

This Judicial Affidavit shall serve as my direct testimony in this case.

1. Q. Mr. Witness, are you the defendant in this Civil Case for
collection of sum of money?
A. Yes, sir.

2. Q. Do you know the plaintiff, Marietta Lemery?

A. Yes, sir.

3. Q. Why do you know the plaintiff, Marietta Lemery?

A. Because I borrowed Php 300,000.00 from her on December
20,2016.

4. Q. You mentioned that you borrowed money from Ms. Lemery, do

you have any proof of the said borrowing, if any?
A. Yes, I executed a promissory note dated December 20, 2016.

5. Q. After you have borrowed the Php 300,000.00 from Marietta

Lemery, what happened next?
A. When the indebtedness became due and demandable on February
20, 2017, I offered my car as a full payment and which offer was
accepted by Ms. Lemery.

6. Q. Do you have proof of the said transaction, if any?

A. Yes, sir. I have executed a Deed of Sale in favor of Ms. Lemery
on February 20, 2017.

7. Q. After the execution of the Deed of Sale, what happened next?

A. I gave the car key to Ms. Lemery who took the car from the
parking lot of the Office of the Notary Public where we notarized
the Deed of Sale.

8. Q. after Ms. Lemery took your car, are there any communication or
letters which you received from her or any other person with regard
to the said indebtedness?
A. I have not receive any.

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 9. Q. What can you say now with respect to the allegation of Marietta
Lemery that you have an outstanding, due and demandable
indebtedness in the amount of Php 300,000.00?
A. The indebtedness has been extinguished by dation in payment,
therefore, I have no outstanding, due and demandable
indebtedness to Ms. Lemery.

10.Q. Considering what you have said Mister witness, what do you
want the Honorable Court to do with the case filed against you?
A. I hope that this case be dismissed for lack of a cause of action;
and be paid of moral damages of P20,000.00, exemplary
damages of P15, 000.00, attorney’s fees of P30,000.00; and
plaintiff be made to pay the costs of suit.

11.Q. Do you affirm and confirm the truthfulness and veracity of all the
statements you stated in this Judicial Affidavit?
A. Yes, sir.

IN WITNESS WHEREOF, I have hereunto set my hand this 20th day

of September, 2018 at Iloilo City.

DANNY PAS LAMERA

Defendant

SUBSCRIBED AND SWORN TO before me this 20th day of

September 2018, at the V Law Office, 6/F V Towers, Megaworld, Iloilo City,
Philippines. Affiant exhibiting to me his GSIS Multi-purpose ID No. 123-234-
789-0.

DANICA GRACE SEBERIAGA

Notary Public
Commission Serial No.: 000011
Until December 31, 2019
Office Address: 6/F V Towers
Megaworld., Iloilo City.
Roll of Attorney No.: 0012345
PTR No.:2299965/012/2018/
Iloilo
IBPNo.:845/1/6/2018/Iloilo City.
MCLE No.: 20182
/Jan. 8, 2018/Iloilo, City.

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Docket No. 1340
Book No. 03
Page No. 45
Series of 2018

ATTESTATION OF COUNSEL

I, ROBERT E. PONJE, of legal age, Filipino, married and with office

address at 6/F V Towers, Megaworld, Iloilo City, after having been sworn to
in accordance with law, hereby attest that:

1. I am the examining lawyer in the foregoing Judicial affidavit.

2. I faithfully recorded the questions that I asked and the corresponding
answers that the witness gave in this Judicial Affidavit.
3. Neither I nor any other person then present assisting me coached the
witness regarding the latter’s answer.

IN WITNESS WHEREOF, I have hereunto set my hand this 20th day

of September 2018 at Iloilo City, Philippines.

ROBERT E. PONJE
Counsel for Defendant

SUBSRIBED AND SWORN TO before me this 20th day of September

2018, at the V Law Office, 6/F V Towers, Megaworld, Iloilo City, Philippines.
Affiant exhibiting to me his IBP ID with lifetime membership No. 234523.

DANICA GRACE SEBERIAGA

Notary Public
Commission Serial No.: 000011
Until December 31, 2019
Office Address : 6/F V Towers
Megaworld., Iloilo City.
Roll of Attorney No.: 0012345
PTR No.: 2299965/Jan. 2, 2018/Iloilo
City.
IBP No.:84536/Jan.6, 2018/Iloilo City.
MCL: 20182/Jan. 8, 2018/Iloilo City.

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Docket No.; 365.
Book No.; III.
Page No.; 65.
Series of 2018.

Copy Furnished:

ATTY. SAMUEL ARPA

Counsel for the Plaintiff
Arpa and associates Law Office
2nd Floor, Dona Mariette Building
Molo, Iloilo City.

Received by:________________
Date :_________________

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 12.Q. I have here a promissory note marked as Exhibit “A”, are you
referring to this document?
A. Yes, sir.

13.Q. On the bottom part of Exhibit “A”, there appears a signature

above the name DANNY PAS LAMERA. Whose signature is this?
A. That is my signature.
Atty. Ponje: Your honor, the signature of Danny Pas Lamera was previously
marked as Exhibit “ “.

14.Q. Are you referring to the document marked as Exhibit “1”

captioned as “Deed of Sale” as proof of the transaction?
A. Yes, sir.

15.Q. On the bottom part of the Deed of Sale, there appears a signature
above the name DANNY PAS LAMERA-seller. Whose signature is
this?
A. That is my signature sir.
Atty. Ponje: You Honor, may I request that the signature appearing above
the name of Danny Pas Lamera be marked as Exhibit “1-a”

16.Q. On the left part of the same page, there appears the signature
above the name MARIETTA LEMERY-buyer. Whose signature is
that?
A. That is the signature of Ms. Marietta Lemery, sir.

17.Q. How do you know that it was the signature of Ms. Lemery?
A. I was present and looking at the document when Ms. Lemery
affixed her signature in the Deed of Sale, sir.
Atty. Ponje: Your honor