Page1Republic of the PhilippinesMETROPOLITAN TRIAL COURT7th Judicial RegionBranch 7Cebu City

ARMANDO R. DUHAYBALAY Plaintiffs, Civil Case No. CEB - 54321- versus - For: Damages, Attorney Fees And Rental Fees

SHEILA MAY K. PAUGATDefendant.

JUDICIAL AFFIDAVIT OF WITNESS

This Judicial Affidavit of Swift Honeymuch Arao is executed to serve as his/her direct testimony in the instant case. This Judicial Affidavit is offered to prove:

(1) All the allegations in the complaint; (2)including all the ANNEXES appended thereto, which he respectfully requests to be correspondingly marked as EXHIBITS in this case ; and ( 3) all matters related thereto, with reservation to present additional exhibits in the course of the proceedings of the instant case.

It is respectfully prayed that the Honorable Tribunal admit this Judicial Affidavit of Ms. Swift Honeymuch Arao as the Direct Examination of the witness in order to expedite the proceedings.

QUESTIONS were propounded by plaintiffs counsel, Atty. Racel May Berdin, in English, which the affiant fully understands, while ANSWERS were given/made by witness Ms. Swift Honeymuch Arao, in English dialect and the corresponding translation of his answer is provided after each question whenever practicable.

1. Please state your name, age, and residence address.

Ans. My name is Swift Honeymuch Arao. Im 55 years old. I live in Sitio Lutaw-Lutaw, Barangay Tisa, Cebu City.

2. How are you related to the complainant in this case?

Ans: The complainant in this case is the owner of the house that Im taking care of. Actually, my family was the caretaker of that property ever since. After the death of my parents, the responsibility was left to me. 3. How many years have you been the caretaker of the said property?

Ans: Since the death of my parents. Way back in 1995.

4. Are you aware of the existence of a contract of lease entered into between the plaintiff and the defendant?

Ans: Yes. For at that time of the execution of the same I was one of the subscribing witnesses to the contract of lease.

5. At the time of the execution of the contract, where were you when the parties signed the contract?

Ans: I was present when such contract was signed.

6. Where specifically?

Ans: At the rented house owned by Sir Armando at Sitio Lutawlutaw, Baragay Tisa, Cebu City.

7. Aside from you, who else were present?

Ans: Mr. Duhaybalay, the complainant, Ms. Paugat, the defendant, Mr. Arj Salva, the other subscribing witness and Atty. Dandan Dalandan who notarized the said document.

8. Were you aware of the terms of the contract of lease?

Ans: As I have read and signed, the contract was for five years from February 14, 2002.

9. By the end of the five year contract of lease entered into last February 2002, did the parties renew the contract?

Ans: As far as I know, there was no renewal made after the expiration of the lease contract.

10. Were you aware of the written demands made by Mr. Duhaybalay to the leasee?

Ans: Yes. In fact, I was the one who delivered the written notice from Mr. Duhaybalay to the lessee.

11. After June 2007, what have you observed?

Ans: The lessee did not leave the premises and continued occupying the house.

12. Do you attest the truthfulness of your statements and allegations in this Judicial Affidavit?

Ans. Yes

14. No further questions, Your Honor.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 3rd day of October, 2014 at Cebu City.

Swift Honeymuch Arao Affiant

SUBSCRIBED and sworn to before me, this 3rd day of October 2014, in Cebu City.

I hereby certify that I personally examined the affiant; that she has voluntarily, knowingly and intelligently executed the foregoing and that she fully understands it contents.

ADMINISTERING OFFICER

lease agreement Receipt of payment for five years After expiration of contract, allowed to stay without executing a new contract Written notice given to the defendant to vacate the premises (acknowledged and agreed) Formal demand letter in writing from a lawyer (twice)