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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


NATIONAL CAPITAL JUDICIAL REGION
MAKATI CITY, BRANCH 134

XXX, INC.,
Plaintiff,
-versus-

Civil Case No. 00000


For: Collection of Sum of
Money

JUAN DELA CRUZ,


Defendants.
x----------------------------------------------x

JUDICIAL AFFIDAVIT
I, AAA, of legal age, married, Filipino, presently residing at
________ Marikina City and working as a computer programmer in
KKK Corp. in Quezon City, have been sworn to in accordance with
law, in response to the questions propounded by ATTY. LLL of MMM
LAW OFFICE, with office address at ________ Diliman, Quezon City,
during the examination conducted on 22 February 2013 at the
aforementioned office, cognizant that I may face criminal liability for
false testimony or perjury, hereby depose and state that:
OFFER OF TESTIMONY: The testimony of defendant AAA is being
offered to prove that he is not liable for the full amount being claimed
by the plaintiff since was not adequately informed of the terms and
conditions of his credit card agreement with XXX INC for the two (2)
credit cards, particularly with respect to the imposition of penalties
and surcharges. He will also testify as to his willingness to pay his
credit card obligations, but not the grossly unconscionable interest
rates and penalty charges being imposed by the plaintiff and such
other matters in support of his defense.
1. Question: Are you the same AAA who is a defendant in this case
for Collection of Sum of Money under Civil Case No. 00000
pending before the Regional Trial Court, Makati City, Branch
Answer: Opo, Maam.
2. Question: How did this case come about?

Answer: The case arose due to my alleged nonpayment of


obligations arising from my two (2) BDO credit cards, Maam.
3. Question: What are these two credit cards?
Answer: BDO Mastercard Shopmore under Account No.
000000000 and EQUITABLE American International Gold under
Account No. 00000000000.
4. Question: Which of the two credit cards did you get first?
Answer: The BDO Mastercard Shopmore credit card, Maam.
5. Question: How were you able to get the BDO Mastercard
Shopmore credit card?
Answer: It was offered to me when I was in SM Cubao by some
BDO agent, Maam.
6. Question: When were you offered this card?
Answer: Sometime in 2004, Maam.
7. Question: What made you decide to accept to get the credit card
from the BDO agent?
Answer: I accepted the offer because of the low interest rate
offered as compared to other credit cards.
8. Question: Aside from the low interest rate, what other terms and
conditions of the credit card were explained to you by the BDO
agent, if any?
Answer: The agent did not explain the terms and conditions in
detail. The agent only told me about the interest rate which would
be imposed in case of nonpayment on the designated due date.
9. Question: After the offer to get a credit card was made by the BDO
agent, what did you do, if any?
Answer: I filled out the application form handed to me by the BDO
agent, Maam.
10. Question: After filling up the application form, what did you do
next, if any?
Answer: I submitted the signed application form to the BDO agent,
Maam.
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11. Question: How many copies of the application form did you sign
up and sign?
Answer: Just one copy, Maam.
12. Question: After you submitted the application form to the BDO
agent, what did the agent do, if any?
Answer: The agent took the application form and told me again
that the interest rate is 3.5% per month and that I should just follow
up my application by calling their hotline.
13.

Question: When would the 3.5% monthly interest be imposed?

Answer: The interest rate of 3.5% per month would be imposed in


the event that I will be unable to pay the obligation on due date.
14. Question: Aside from the 3.5% monthly interest, what other
charges, if any, did the agent tell you would be imposed if payment
is not made on due date?
Answer: Nothing more, Maam.
15. Question: Aside from submitting the application form, what other
requirements, if any, were you requested to submit by the BDO
agent?
Answer: Nothing more, Maam.
16. Lets go to the second credit card, how did you apply for your
Equitable credit card?
Answer: It was merely offered to me over the phone by an agent of
Equitable Bank.
17. Question: When were you offered the Equitable credit card over
the phone?
Answer: Sometime in 2004, Maam.
18. Question: When you received the offer to get an Equitable
credit card over the telephone, what were the terms and conditions
of the offer?
Answer: The Equitable Bank agent said that the Equitable credit
card will be approved in a weeks time without any other
requirements considering that I have other existing credit cards
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and that the monthly interest rate is only 2.75% in case of


nonpayment on due date.
19.

Question: What was your response to the offer, if any?

Answer: I accepted the offer, Maam.


20. Question: What other things did the agent explain to you in
relation to availing of said credit card, if any?
Answer: Nothing else, Maam.
21. Question: After you were informed of the approval of your
application, what else were you told by the agent, if any?
Answer: Nothing else, Maam
22. Question: When you already had the two credit cards, how
often did you use them?
Answer: About three (3) to five (5) times a month, Maam.
23.

Question: For what purpose did you use your credit cards?

Answer: I used them to increase the capital in my softdrinks


business and to lend some money to my friends.
24. Question: On the average, how much did you charge for each
credit card in a month?
Answer: Between five thousand pesos (P5,000.00) and ten
thousand pesos (P10,000.00), Maam.
25.

Question: How long did you use the two credit cards?

Answer: About three (3) years, Maam.


26. Question: When did you stop using your BDO and Equitable
credit cards?
Answer: Sometime in 2007, Maam.
27. Question: Why did you stop using your BDO and Equitable
Bank credit cards?
Answer: I stopped using my credit cards because I was already
facing difficulty in paying my debts on my credit cards.
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28. Question: Why is you experience difficulty in paying your debts


on your two credit cards?
Answer: I had difficulty in oaying my debts on my BDO and
Equitable Bank credit cards because the people who borrowed
money from me didnt pay. I could also not afford to pay the
amounts demanded from me because my softdrinks business only
earns profits of two hundred pesos a day.
29. Question: How much were your outstanding obligations on the
two credit cards when you stopped using the BDO and Equitable
credit cards?
Answer: More or less P180,000.00 pesos on the BDO credit card
and more or less P240,000.00 on the Equitable Bank credit card,
Maam.
30. Question: On the complaint filed against you by plaintiff, it was
stated that your total obligation on the BDO credit card amounts to
P284,643.27 pesos, while that on the Equitable Bank credit card
amounts to P313,79.36 pesos. What can you say about these
amounts demanded from you?
Answer: Its not humane to let us pay the big amounts demanded
by the plaintiff because I was not properly informed of all the
charges which would be imposed in case of failure to pay on my
obligations on due date.
31. Question: How did your obligations on the two credit cards
reach the amounts demanded by the plaintiff in its complaint?
Answer: My obligations on the two credit cards demanded by the
plaintiff reached the amounts demanded by the plaintiff because of
the 3.5% and 2.75% monthly interest and 5.5% penalty charge for
every month that I failed to pay on the due date which were added
to the amount I actually used.
32. Question: Do you attest to the truthfulness and veracity of the
contents of your judicial affidavit?
Answer: Yes, Maam