Republic of the PhilippinesREGIONAL TRIAL COURT

7th Judicial RegionBranch 28

Mandaue City

MARIA D. AGUANTAPlaintiffs,

Civil Case No. CEB - 54321

- versus - For: Damages, Attorney’ Fees And Rental Fees

MARIA D. AGUANTA

Defendant;

JUDICIAL AFFIDAVIT OF WITNESS

This Judicial Affidavit of Armando R. Duhaybalay, is executed to serve as his 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 Mr. Armando R. Duhaybalay as the Direct Examination of the witness in order to expedite the proceedings.

QUESTIONS were propounded by plaintiff’s counsel, Atty. Racel May Berdin, in English, which the affiant fully understands, while ANSWERS were given/made

by witness Mr. Armando R. Duhaybalay, in English dialect and the corresponding translation of his answer is provided after each question

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

Ans: I am Armando R. Duhaybalay, 42 years old, I live in Sitio Kabayo, Brgy. Duljo, Cebu City, I am a businessman.

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

Ans: The defendant is the lessee of my property situated at Sitio Lutaw-Lutaw, Barangay Tisa, Cebu City.

3. How did you know the defendant?

Ans: I don’t personally know the defendant but she came to me to inquire about the property.

4. After she inquired about the property, what happened next?

Ans: She offered to lease the property I owned.

5. Did you accept the offer?

Ans: Yes, in fact we executed a contract of lease for that matter.

6. Is this the contract of lease you mentioned about?

Ans: Yes.

7. I have here with me a document, a contract of lease executed between the defendant and the complainant which I request to be marked as Exhibit “A“. Do

you confirm my action?

Ans: Yes.

8. In the contract of lease, what is the term of the contract?

Ans: The lease agreement we executed 7 years ago commenced from February 14, 2007 and ends at February 14, 2012, supposed to be for a period of 5 years.

9. Was the term of the contract religiously followed?

Ans: Yes, the term was followed.

10. What happened after such term?

Ans: The contract expired on February 14, 2012. And for two years, no new contract was executed. For that time, payment of rentals was still collected and paid. After such time however on February 15, 2014, I was in grave need of a residence for my family. Thus, I notify the defendant through writing that she vacates the premises not later than the end of the month.

11. Do you recall when was the last payment made by the defendant lessee?

Ans: Yes, the last payment was for the month of February 2014.

12. Can you substantiate your claim (referring to Q11)

Ans: I have here the receipts to support my statements.

13. May you allow me to present such receipt to present it as Exhibit B?

Ans: Yes.

14. After such written demand, did she still made payments for rental?

Ans: No, in fact, she stopped payments starting the receipt of first written demand I sent her.

15. Will you identify to me this document, Mr. Witness?

Ans: That’s the written notice I gave the lessee 2 years ago.

16. May you allow me to present this document as Exhibit C-1?

Ans: Yes.

(Your honor, I respectfully request this document to be marked as Exhibit C-1)

17. After such notice, did the defendant vacate the premises?

Ans: No, after such demand, Ms. Paugat did not vacate the premises. To reiterate, she continued living at the premises at the same time discontinued payment.

18. As a lessor, have you exerted earnest effort to make the lessee comply with her obligations?

Ans: Yes, as a matter of fact, I have orally reminded her about my written request. Once, before the end of the term I have given her to vacate the premises and another after the expiration of the term I have given her to vacate the premises.

19. Given the situation, what did you do?

Ans: When the lessee failed to act upon my demand, I have consulted with a lawyer and we sent two formal demand letters on different dates which the defendant herself received. Despite those notices defendant blatantly and willfully refused to vacate said premises.

20. Do you recognize this document, Mr. Witness?

Ans: Yes. That’s the second letter. The first formal demand we sent to the lessee.(Your Honor, we would like to present this document as Exhibit C-2)

21. How about this one? Do you recognize this document?

Ans: Yes. That’s the third letter, the second formal demand from my lawyer.

(Your Honor, we would like to present this document as Exhibit C-3)

22. After the demand sent, did the defendant finally comply with her obligation?

Ans: No.

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

Ans: Yes

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

Armando R. DuhaybalayAffiant

SUBSCRIBED and sworn to before me, this 3rh day of October 2014, in Cebu City. I hereby certify that I personally examined the affiant; that she has voluntarily,

knowinglyand intelligently executed the foregoing and that she fully understands it contents.

ADMINISTERING OFFICER