Affidavit-ESTER CABASE.docx

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    REPUBLIC OF THE PHILIPPINES)Province of Camarines Sur) S.S.City of Naga)x - - - - - - - - - - - - - - - - - - - - - - - x

    AFFIDAVIT

    I, ESTER B. CABASE , Filipino, of legal age, marrried, and a resident of Zone 2,Balagbag, Milaor, Camarines Sur, after being duly sworn in accordance with law, deposeand state:

    1. That on June 2, 2013, CRISENCIANA OLITOQUIT approached me and myhusband to ask if we could let her borrow bagas and ata for her to sellbecause she has no funds or capital to do so;

    2.

    Because of her well- mannered approach, we obliged to lend her bagas and ata for her to sell. For the first two loans she obtained from us, she wasdiligent in paying her debts;

    3. That upon her third loan, she failed to pay her obligation for the reason thatshe also loaned said bagasand ata to others;

    4. That she promised to pay us her debt and further requested that she bepermitted to borrow another set of bagas and ata of which we againobliged;

    5. We trusted her sincerity in paying her debts such that we let her obtain otherloans from us which amounted to TWO HUNDRED FOUR THOUSANDNINETY TWO PESOS (PhP204, 092.00) starting from the time sheobtained her first loan on June 2, 2013 up to June 27, 2013;

    6. From the month of June 2013 up to September 2013, she already paid thetotal amount of ONE HUNDRED FORTY-NINE THOUSAND TWOHUNDRED SEVENTEEN PESOS (PhP149,217.00), giving her an unpaidbalance of FIFTY FOUR THOUSAND EIGHT HUNDRED SEVENTY-FIVEPESOS (PhP54,875.00) ;

    7. Because of her inability to pay the remaining balance, she executed a writteninstrument in our favor, with her nephew as witness, to mortgage her onehectare (1) land to secure the amount of SIXTY THOUSAND PESOS(PhP60,0000.00) as payment for her balance and as additional provision ofsaid mortgage, we were given authority to cultivate said tract of land offeredas security for a period of two (2) years;

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    8. However, no proof was ever given to us evidencing the existence of saidland and so I demanded from her the remaining balance of her loan and shepromised to pay the same as soon as she received the payment for the saleof her land which was the same land that she offered as security for thebalance of her loan;

    9. That it came to my knowledge that she was already received the purchaseprice of the land she sold but she still did not pay the balance of her loan;

    10. That I filed a formal complaint with the Barangay Pamukid of San Fernando,Camarines Sur from where she resides and in so doing, she made a promiseto pay half of her debt;

    11. That despite said complaint, no payment was ever made and so it promptedme to follow up on my complaint with the said Barangay upon which theysummoned her but she no longer made her appearance before the same;

    12. That because of said incident, the Barangay Captain advised me to file aformal complaint with the proper forum since the amount involved is beyondtheir jurisdiction and that there was no active participation from CrisencianaOlitoquit to settle the matter;

    13. That because of the foregoing incidents, Crisenciana Olitoquit managed topay the amount of THIRTEEN THOUSAND THREE HUNDRED PESOS(PhP13,350.00) leaving her with a balance of FORTY ONE THOUSANDFIVE HUNDRED TWENTY FIVE PESOS (PhP41,525.00);

    14. That she argued that her balance should only be the amount of THIRTYONE THOUSAND PESOS (PhP31,000.00) based on her owncomputations because she insisted that her debt on June 17, 2013 shouldnot be included;

    15. That in order for her to pay her debt, I agreed with her computation of theremaining balance and demanded that she consign her payment to Atty.Godofredo B. Guzman within ten (10) days from said agreement;

    16. That said ten-day period had already elapsed and no payment was made;

    17. That I am executing this affidavit in support of my Statement of Claimbefore the 5 th Municipal Circuit Trial Court (Camlaigan-Gainza-Milaor) and forwhatever lawful purpose it may serve;

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    IN WITNESS WHEREOF, I have hereunto set my hand this _____________ at

    _____________, Philippines.

    ESTER B. CABASE AFFIANT

    SUBSCRIBED AND SWORN to before me, this _____________, by the Affiantwho exhibited to me her competent evidence of identity .

    NOTARY PUBLIC

    Doc. No. ______;Page No. ______;Book No.______;Series of 20____.