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Republic of the Philippines

REGIONAL TRIAL COURT


Fifth Judicial Region
BRANCH 1
Legazpi City

JEFFREY B. TABUZO,
Plaintiff
Civil Case No. 142390
- versus - For: COLLECTION FOR A
SUM OF MONEY WITH
RUWEE O. TUPUE, DAMAGES
Defendant
x ------------------------------x

JUDICIAL AFFIDAVIT

I, JEFFREY B. TABUZO, of legal age, Filipino,married,


and a resident of Aeroville Subdivision, Legazpi City, Philippines,
after having been sworn in accordance with law and fully conscious
that I do so under oath and that I may face criminal liability for false
testimony or perjury do hereby depose and say:

ATTY. RODRIGUEZ: I am offering the testimony of the


witness in order to prove that he is the plaintiff in the above-entitled
case; that on April 2015, Defendant failed to pay a sum of money
amounting to One Million Pesos (Php 1,000,000.000) with an original
interest of five percent (5%) and was reduced to two percent (2%)
sometime last May 11, 2015; that the defendant personally received
the demand letter sent by the plaintiff; that the promissory note
allegedly issued removing the interest rate of the loan, which is in his
name, was not issued by his for the said purpose.

ATTY. RODRIGUEZ:With the kind permission of the Honorable


Court.

1. Q: Mr. Witness you are the plaintiff in this case?

A: Yes.

2. Q: Do you know the defendant in this case by the name of


Ruwee O. Tupue?
A. Yes.

3. Q:Why do you know the defendant Ruwee O. Tupue?

A: Because he is my childhood friend and my former classmate


in high school at Divine Word College of Legazpi.

And he borrowed from me a sum of money.

4. Q: When and where did it take place?(Objection, Compound


question!) (Sustained) (Rephrase)

Q: When was that?

A: Sometime last April 3, 2015.

5. Where did it take place?

A: At my house.

5. Q: How much did he borrow?

A: One Million Pesos (Php 1,000,000.00)

5. Q: With or without an interest?

A:With an interest.

6. Q: How much?

A: Five percent (5%) per month.

7. Q: Now on April 3, 2015, what document if there is any have


you executed in connection with the money the defendant
borrowed on said date?

A: A promissory note.

8. Q: Now I am showing to you a document purported to be a


promissory note under the name Ruwee O. Tupue marked as
Exhibit “A”, what can you say about the said document?

A:The defendant issued this promissory note on April 3, 2015.


9. Q:How about the signatures appearing in the said promissory
note, whose signatures is that?

A: It’s our signature. We both signed it.

10. Q: What is your purpose for signing it?

A: It was intended for hispromise to pay his loanthe next year.

11. Q: Now, Mr. Witness, where were you on May 11, 2015 at
around 8 o’clock in the evening?

A: I attended our high school reunion at the gymnasium of


Divine Word College of Legazpi.

12. Q: Were you alone that time?

A: No. I was with my spouse.

13. Q: What is the name of your spouse?

A: Bubbles A. Tabuzo

14. Q: Why was your wife with you?

A: Because she wanted to accompany me as well as to meet my


friends.

15. Q: When you arrived at the venue, what did you do?

A: We found a place where we can sit comfortably.

16. Q: Then, what happened next?

A: My friends approached me and we had a conversation.

17. Q: Who among your friends approached you?

A: Mr. Enrile and Mr. Tupue.

18. Q: Where did your wife go?

A: She did not go elsewhere. She’s justsitting right beside me.


19. Q: What were you talking about during that time?

A: We reminisced about the good as well as the bad old days


when we were in high school.

20. Q: What happened next, Mr. Witness?

A: The defendant approached me and told me that his daughter


had a heart problem and will have to undergo a surgery.

21. Q: What, if any, did the defendant tell you?

A: He asked me to cancel the interest rate of his loan.

22. Q: What did you say, if any?

A: I pitted him, so I decided to reduce the interest from 5%


to2% but I did not agree to totally remove the interest rate.

23. Q: Who was there when you communicated with him?

A: I was with my wife.

24. Q: What happened next, Mr. Witness?

A: The defendant offered me an alcoholic beverage and he


tossed his glass with mine.

25. Q: What is the brand of the alcohol?(Ojection, Irrelevant!)

Your Honor, I just want to show that the witness recalls the
event clearly.

A: _________

26. Q: Then what happened?

A: Mr. Tupue asked me again if it’s possibleto remove the


interest rate of his loan.

27. Q: Did you say anything?

A: Yes, Ma’am. I told him “OK”. (or “I will think about it”)
28. Q: Are you drunk that time? (Ojection! Calls for a conclusion!)

(I leave it to the discretion of the Court.)

29. Q: Alright, what did you do after that?

A: We went home.

30. Q: Now on May 11, 2015, what transaction if any have you
entered with the said defendant?

A: None, Ma’am.

31. Q: What document if there is any have you executed in


connection with the interest of the defendant’s loan?

A: None, Ma’am.

32. Q: Now I am showing to you this document referred to as


“Exhibit 1.” What can you say about the said document?

A: I don’t know anything about it and I am not privy to the said


transaction.

33. Q: How about the removal of the interest indicated in the said
promissory note, what can you say about it?

A: Also, I don’t know about it since I did not sign it, neither I
agreed anything on said date.

34. Q: How about the signatures appearing in the said promissory


note, do you recognized these signatures?

ATTY. RODRIGUEZ: Witness is examining the signatures appearing


in the said document.

A: In the signature above the name Ruwee O. Tupue is his


signature but in the signature above the name Jeffrey B. Tabuzo
is not my signature. As I was saying, I did not sign anything on
that date.

35. Q: How can you be so sure that it is the signature of Mr.


Tupue?
A: Because he signed the true promissory note he executed on
April 3, 2015 in front of me, Ma’am.

36. Q: On August 14, 2015, what transaction, if any, have you


entered with the said defendant?

A: None, Ma’am.

37. Q: Where were you on the said date?

A: I was atEnrile’s house because I was invited in his son’s


birthday party.

38. Q: Who is Enrile?

A: He is a common friend of mine and Mr. Tupue.

39. Q: Was Mr. Tupue also there?

A: Yes, Ma’am.

40. Q: What did you do, if any?

A: We had a conversation about the condition of his daughter


and he happily told me that his daughter has already
recovered.

41. Q: What did Mr. Tupue do after your short conversation?

A: He handedover me a brown envelope.

42. Q: What was inside the envelope, if any?

A: Fifty Thousand Pesos (Php 50,000.00) in cash.

43. Q: And what was your purpose for accepting it?

A: I am the treasurer of our Grand Alumni Homecoming. The


50k fundraising proceeds will be used to sponsor some of the
alumni who are indigents and the expenses of the reunion.

44. Q: Where did you put the envelope?


A: I gave it to my wife and told her that the said envelope
contains the proceeds of our alumni homecoming.

45. Q: Now in relations to the above claims, what documents have


you given to the defendant as regards the payment of the loan?

A: I sent him a demand letter.

46. Q: Now I am showing you a document purported to be a


demand letter marked as Exhibit “B”, do you know this
document?

A: Yes, Ma’am.

47. Q: What is this document?

A: The demand letter I sent to Mr. Tupue for the payment of his
loan.

48. Q: Who signed this document?

A: Myself.

ATTY. RODRIGUEZ: That will be 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 set my hand this _th


day of ___________.

JEFFREY B. TABUZO
Plaintiff

SUBSCRIBED AND SWORN TO before me this __ day of


________, in Legazpi City, affiant exhibited to me his Driver’s License
No. _____ issued on __________, at ______________.
NOTARY PUBLIC

Doc. No.
Page No.
Book No.
Series of 2019

ATTESTATION

I, JUNNA G. RODRIGUEZ, 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 plaintiff in the above-


entitled case;

2. That I personally conducted the foregoing judicial affidavit of


Plaintiff Jeffrey B. Tabuzo;

3. That I hereby 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 latter’s answer.

IN WITNESS WHEREOF, I have hereunto affixed my


signature this ___ day of _____, in Legazpi City.

JUNNA G. RODRIGUEZ
Counsel for Plaintiff

SUBSCRIBED AND SWORN TO before me this __ day of


________, in Legazpi City, affiant exhibited to me his Driver’s License
No. _____ issued on __________, at ______________.
NOTARY PUBLIC

Doc. No.
Page No.
Book No.
Series of 2019

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