REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION

METROPOLITAN TRIAL COURT OF MANILABRANCH 1

CITY OF MANILA

Dra. MILA M. GINES,Plaintiff,

CIVIL CASE NO. 08-3636-versus- FOR : UNLAWFUL DETAINER

TOMAS A. SANTOS,Defendant

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JUDICIAL AFFIDAVIT(Pursuant to SC AM-8-8-SC)

I, Dra. Mila M. Gines, single, Filipino, and residing at 1261 Silglo bldg. Gelenos street Sampaloc Metro Manila, after having been duly sworn to in accordance with law in an answer to the question asked by me by Atty. Jhun Perez in his office at 5 th Floor, Dominga Building III, 2113 Chino Roces Ave. cor. Dela Rosa st., Makati City on November 4, 2014 at 11:30 A:M full conscious that I do so under oath and I may face criminal liability for false testimony or perjury hereby depose and state;

Q: How are you related to Dr. Mila M. Gines, the plaintiff in the civil case 08-3636 before the Metropolitan Trial Court of Manila for unlawful detainer against Tomas A. Santos?

A: I am the same.

Q: Do you know the defendant Tomas A. Santos?

A: Yes, he is the lessee that is occupying my property in a studio type unit located at 1261 Silglo bldg. Gelenos street, Sampaloc, Metro Manila. The contract of lease is mark as EXHIBIT “A”.

Q: How did the defendant Tomas A. Santos was able to occupy your property?

A: Tomas A. Santos leased my property for a period of 1 year from June 06, 2013 up to June 07, 2014.

Q: Did he comply with his obligations in paying the rentals?

A: Yes he complied with his obligations but only from June 06, 2013 up to March 06, 2014. The rental payments for the said months are hereby attached as EXHIBIT “B”.

Q: What did you do after the said defendant failed to pay his rental payment for the month of April 2014?

A: On May 06 2014, one month before the expiration of the lease agreement, I sent a notice of expiration of lease of contract to the defendant with option to renew the same or pay the unpaid rentals and vacate the premises upon the expiration of the lease contract. Such notice is attached as EXHIBIT “C”

Q: Did the defendant exercise any of the two options?

A: No

Q: What did you do after that?

A: On June 7 2014, I made an oral demand with the plaintiff to pay the unpaid rentals due and to vacate the premises. However the defendant, Tomas A. Santos, did not pay the same and did not vacate the said premises. After that, we underwent a Barangay Conciliation proceeding but it was futile.

Q: Do you have any document or proof that you and the defendant underwent a Barangay Conciliation?

A: A Certification to File Action was issued by me from Barangay 584 Zone 57. Herein attached as ANNEX “D”

Q: What did you do after that?

A: On June 8 2014, a day after the expiration of the lease contract, I gave the defendant, Tomas A. Santos a formal written demand to pay the unpaid rentals and vacate the property. A photocopy of the said written demand is hereby attached as ANNEX “E”

Q: Did the defendant pay and vacate the property?

A: No, he did not. He refused to pay and vacate the said property.

Q: What step did you take after the refusal of the defendant, Tomas A. Santos to pay the unpaid rentals and vacate the property?

A: I filed this action before the Metropolitan Trial Court of Manila for Unlawful Detainer.

Q: In your complaint, you are asking for the unpaid rentals for the use and occupation of the said property, how much is your claim for unpaid rentals from the defendant?

A: The agreed rental per month of P9,000.00 starting April 2014 up to the time the defendant turn over the said property and vacate the same plus the interest stipulated in the lease contract until full payment is made.

Q: Finally, do you know why you are executing the foregoing sworn statement in this case?

A: Yes, I am executing this sworn statement to be adapted as my direct examination in this case to prove my cause/s of action for unlawful detainer against the defendant in the above entitled case, and this judicial affidavit be marked as EXHIBIT “F”

IN WITNESS THEREOF, I hereby affix my signature this 30th day of July 2014, Metro Manila

MILA M. GINES

AFFIANT

ATTESTATION

I hereby attest that on this 4th day of November 2014, I have personally examined the plaintiff, MILA M. GINES; and that I have faithfully recorded or caused to be recorded the questions asked and the corresponding answers made thereto by her. I further attest that I nor any other person herein present, or assisting me, never coached MILA M. GINES regarding her answers.

Makati City for City of Manila, November 4, 2014

ATTY. JHUN PEREZ Counsel for the Plaintiff 5 th Floor, Dominga Bldg. III, 2113 Chino Roces Ave. cor. Dela Rosa St., Makati City IBP No. 575848/01-13-2003/Manila PTR No.7012006/01-05-2004/Makati City Roll No. 24378

SUBSCRIBED AND SWORN TO before me this 4th day of November in Makati City. Affiant exhibited to me her identification card bearing their photograph and signature as follows:

NAME ISSUED BY:

MILA M. GINES SSS ID 12-1845

JHUN T. PEREZ IBP No. 575848

Known to me to be the same person who executed the foregoing document.

WITNESS MY HAND AND SEAL on the date and on the place above-written.

Doc. No. 523; Notary PublicPage No. 476;Book No. 4;SERIES OF 2014

COPY FURNISHED: Personal Service

Atty. Bogart Dimangloloko

Counsel for the defendant, Tomas A. Santos

DIMANGLOLOKO-DIMAGIBA Law Office

#23 Ilang-ilang st., barangay Sulutan, Quiapo, Manila