Sample Judicial Affidavit

REPUBLIC OF THE PHILIPPINESREGIONAL TRIAL COURTSecond Judicial RegionBranch ____City of Manila

JOHNNY M. CEE Petitioner -versus-GIGI S. GIMENEZ Respondent

CIVIL CASE NO. ______

JUDICIAL AFFIDAVIT OFPETITIONER JOHNNY M. CEE

I, JOHNNY M. CEE, of legal age, single, and living at Tolentino St. Sampaloc, Manila, petitioner in this case, state under oath as follows:

PRELIMINARY STATEMENT

The person examining me is Atty. John Paul T. Romero with address at CTUB Paredes St. Sampaloc Manila . The examination is being held at the same address. I am answering his questions fully conscious that I do so under oath and may face criminal liability for false testimony and perjury.

PURPOSE: This affidavit/testimony of petitioner Mr. Johnny M. Cee is being offered to prove that the respondent Ms. Gigi S. Gimenes contracted a contract of lease last February 1, 2014 to rent a residential apartment in Lacson St. Sampaloc, Manila. That the respondent used the said property for commercial purposes that the latter instituted an eatery and carwash business and she had a breach of contract and it had been instituted in the contract entered by the petitioner and the respondent that the property must be solely used for residential purposes. The petitioner upon discovery of the businesses being instituted in his property is demanding the respondent to vacate the area but the respondent did not vacate the area and ignored the notices from the petitioner. 1. Q. Please state your name and other personal circumstances for the record.A. My name is Johnny Cee, 33 years old, single and a resident of Tolentino St. Sampaloc, Manila.

2. Q. Are you the same Johnny Cee, the petitioner in this case? A. Yes sir.

3. Q. Do you know a certain Gigi Gimenez?A. Yes sir. She was the one who leased my property apartment at Lacson St. Sampaloc, Manila.

4. Q. When did you know her?A.We entered into a contract of lease (Exhibit A) last February 1, 2014 for the mentioned apartment.

5. Q. What is the reason why are you complaining for the respondent to vacate the property?A. Upon my surprise visit in the said property to check last November 2014, I found out that my property was not solely used for residential purposes but Ms. Gimenes used is for commercial purposes. She had an eatery business and a carwash in the garage. 6. Q. Do you have of proof that is has been used as a commercial space? A. Yes sir, I took pictures (Exhibit B) during my visit.

7. Q. What did you do upon discovery of the said activity? A. I gave her a word to stop the business since that is not in the contract we have entered into.

8. Q. What did she do after you gave her verbal warning?A. She ignored the warning, Sir.

9. Q. What did you do after ignoring your warnings? A. I gave her a written demand letter (Exhibit C) to vacate the area but still she ignored such demand letter.

10. Q. Is that the reason why you are seeking legal action on this to demand Ms. Gimenes to vacate the area? A. Yes Sir.

IN WITNESS WHEREOF, I have hereunto set my hand this 5th day of February 2013 at Paredes St. Sampaloc, Manila.

JOHNNY M. CEE Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for the City of Manila this 5th day of February 2015. Affiant personally came and appeared with TIN ID issued by the Bureau of Internal Revenue Manila Branch on January 15, 2014 at Manila, Philippines, bearing his photograph and signature, known to me as the same person who personally signed the foregoing instrument before me and avowed under penalty of law to the whole truth of the contents of said instrument.

Atty. John Paul T. RomeroNotary Public Doc. No. ____Commission Serial No. ____ Page No. ____Notary Public for the City of ManilaBook No. ____Until December 31, 2015Series of 20___ Office: Paredes St. Sampaloc, ManilaRoll No. ----IBP Lifetime Roll No. -----PTR No. -----MCLE Compliance Cert. No. -----

I, JOHN PAUL T. ROMERO, of legal age, Filipino, with postal address Paredes St. Samapaloc, Manila after being duly sworn depose and say:

1. I was the one who conducted the examination of the petitioner. Johnny M. Cee at my aforementioned office in Paredes St. Sampaloc, Manila;

2. I have faithfully recorded or caused to be recorded the questions I asked and the corresponding answer that the witness gave;

3. I nor any other person then present or assisting her coached the witness regarding her answers;

IN WITNESS WHEREOF, I have hereunto set my hand this 5th day of February 2013 at Paredes St. Sampaloc, Manila

ATTY. JOHN PAUL T. ROMEROAffiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for the City of Manila this 5th day of February 2015. Affiant personally came and appeared with his IBP ID issued by the Integrated Bar of the Philippines on May 30 2014 at Manila, Philippines, bearing his photograph and signature, known to me as the same person who personally signed the foregoing instrument before me and avowed under penalty of law to the whole truth of the contents of said instrument.

Atty. Juan dela CruzNotary Public Doc. No. ____Commission Serial No. ____ Page No. ____Notary Public for the City of ManilaBook No. ____Until December 31, 2015Series of 20___ Office: P. Campa St. Sampaloc, ManilaRoll No. ----IBP Lifetime Roll No. -----PTR No. -----MCLE Compliance Cert. No. -----