Republic of the Philippines

Regional Trial Court

National Capital Judicial Region
Branch _____, ________ City

_____________________________,
Plaintiff,
- versus NO. _______

CIVIL CASE

_________________________, ET AL.,
Defendants.
x-------------------------------------x

JUDICIAL AFFIDAVIT
I, _______________, of legal age, Filipino, holding office
at _____________________, ______ City, after being duly sworn
in accordance with law, hereby declare that my answers to
the questions below were given, fully conscious that the
same were under oath and under pain of criminal liability
for false testimony or perjury:
OFFER OF TESTIMONY
Witness _________s testimony is being offered for the
following purposes:
1. To establish her expertise in the field of conducting
surveys;
2. To establish how consumer surveys are conducted;
3. To prove that a consumer survey was conducted
for petitioner;

4. To establish the steps taken to conduct such

survey;
5. To establish the results of such survey;
Q1: Ms. _____, please state your name and other
personal circumstances for the record.
A: I am _______, fifty (50) years old, a Filipino, and
currently residing at 7188 OAJ Street, Barangay PAJ,
Quezon City.
Q2: What is your occupation?
A: I am the founder and President of PPM Survey
Services.
Q3: What is PPM Survey Services?
A: It is a company I started in 2007 that designs,
implements, interprets, and testifies regarding consumer
surveys conducted for the purpose of being offered as
evidence in litigation. The company focuses primarily
intellectual property matters, particularly trademarks.
Q4: What is your educational background?
A: I obtained a Ph. D. in Marketing from Harvard
University back in 2006, and graduated with honors from
the University of the Philippines, B.S. Psychology program
back in 1988.
Q5: In your field of Marketing, did you have a
specialty?
A: Yes, I focused on Consumer Research, specifically
the conduct of consumer surveys.
Q6: Have you written books or publications on the
subject of Consumer Research?
A: Yes, I have. Five (5) books and several papers on
the matter. All published internationally.
Q7: Have you received any awards or recognition for
your contributions to your field?
A: Yes, I have. I received the JCR Feber Award back in
2010 for my dissertation, as well as received the JCR
Distinguished Service Award in 2009.
2

Q8: Have you ever testified in court as an expert

witness in consumer research?
A: Yes, many times ever since 2007 when I founded
my company. That would make it almost 10 years I have
been testifying.
Q9: Earlier you mentioned consumer surveys, what
are they?
A: Surveys are used to describe or enumerate objects
or the beliefs, attitudes, or behavior of persons or other
social units. Surveys typically are offered in legal
proceedings to establish or refute claims about the
characteristics of those objects, individuals, or social units.
A consumer survey is one such survey by which
information is gathered from a sample of consumers.
Q10: What do you mean by a sample of
consumers?
A: One of the first steps in designing a survey or in
deciding whether an existing survey is relevant is to
identify the target population or universe. The target
population consists of all elements whose characteristics
or perceptions the survey is intended to represent.
Q11: How is the target population selected?
A: Identification of a survey population must be
followed by selection of a sample that accurately
represents that population. The use of probability sampling
techniques maximizes both the representativeness of the
survey results and the ability to assess the accuracy of
estimates obtained from the survey.
Q12: What is probability sampling?
A:
Probability sampling is a sampling technique
wherein the samples are gathered in a process that gives
all the individuals in the population equal chances of being
selected.
Q13: Are there other methods of selecting the target
population?
A: Yes, in a carefully executed survey, each potential
respondent is questioned or measured on the attributes
that determine his or her eligibility to participate in the
survey. Thus, the initial questions screen potential
respondents to determine if they are within the target
population of the survey.

Q14: How are these questions formed?

A: The screening questions must be drafted so that
they do not convey information that will influence the
respondents answers on the main survey. These questions
must be clear, precise, and unbiased.
Q15: How do you gather the information from these
surveys?
A: Four (4) primary methods are used to collect
survey data: in-person interviews, telephone surveys, mail
surveys, and internet surveys.
Q16: What are in-person interviews?
A: Although costly, in-person interviews generally are
the preferred method of data collection, especially when
visual materials must be shown to the respondent under
controlled conditions. When the questions are complex and
the interviewers are skilled, in-person interviewing
provides the maximum opportunity to clarify or probe.
Q17: What are telephone surveys?
A: Telephone surveys offer a comparatively fast and
low-cost alternative to in-person surveys and are
particularly useful when the population is large and
geographically dispersed. Telephone interviews can be
used only when it is unnecessary to show the respondent
any visual materials.
Q18: What are mail surveys?
A: Mail surveys are a quantitative marketing research
data collection method in which respondents complete
questionnaires on paper and return them via the mail.
Q19: What are internet surveys?
A: A more recent innovation in survey technology is
the Internet survey in which potential respondents are
contacted and their responses are collected over the
Internet. A key limitation is that the respondents
accessible over the Internet must fairly represent the
relevant population whose responses the survey was
designed to measure.
Q20: Do you know the petitioner in this case?
A: Yes

Q21: How do you know the petitioner?

A: The petitioner commissioned PPM Survey Services
to conduct consumer survey to determine the likelihood of
confusion of Fastball caps with Lasthole caps.
Q22: Of the four you mentioned earlier, which
method of collecting data was used to conduct the
consumer survey?
A: PPM designed a questionnaire to be answered by a
sample population via in-person interview.
Q23: Witness, I would like to present you with a piece
of paper pre-marked Exhibit D. Can you tell us what this is?
A: It is the questionnaire which we designed for the
consumer survey.
Q24: How were the respondents of the survey
selected?
A: Employees of PPM handed out the questionnaires
to persons who entered the stores where the products
were sold, or those who showed interest in buying the
products. The respondents were chosen at random.
Q25: Were there any standards you used to select the
respondents?
A: We used age, income bracket, and location of the
store.
Q26: What were the steps you took to conduct the
survey?
A: First, the questionnaire was handed to the selected
respondent. Then we presented to the respondent a

sample Fastball cap to see if the respondent recognized

the product. After, we presented the respondent a sample
Lasthole cap and asked the respondent to answer the
questionnaire to test whether or not confusion would
result.
Q26: Witness, I would like to present you with a piece
of paper pre-marked Exhibit F. Can you tell us what this is?
A: It is the report of the commissioner survey.
Q27: Can you tell us what that is at the bottom?
A: It is my signature.
Q28: Please tell us what a survey report is.
A: A survey report generally should provide in detail
1. the purpose of the survey;
2. a definition of the target population and a
description of the population that was actually sampled;
3. a description of the sample design, including the
method of selecting respondents, the method of interview,
the number of callbacks, respondent eligibility or screening
criteria, and other pertinent information;
4.

description

of

the

results

of

sample

implementation, including (a) the number of potential

respondents contacted, (b) the number not reached, (c)
the number of refusals, (d) the number of incomplete
interviews or terminations, (e) the number of noneligibles,
and (f) the number of completed interviews;
5. the exact wording of the questions used, including
a copy of each version of the actual questionnaire,
interviewer instructions, and visual exhibits;

6. a description of any special scoring (e.g., grouping

of verbatim responses into broader categories);
7. estimates of the sampling error, where appropriate
(i.e., in probability samples);
8. statistical tables clearly labeled and identified as to
source of data, including the number of raw cases forming
the base for each table, row, or column; and
9.

copies

of

interviewer

instructions,

validation

results, and code books

10. the results of the conducted survey
Q29: You mentioned results, please tell us what the
results are of the survey.
A: Based on the data collected and the questions
answered,

confusion

is

very

likely

to

occur

when

comparing the two products.

_____________________
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME this
___day of November 2014, affiant exhibiting to me his
government-issued I.D. [LTO License No. _________________
bearing his photograph and signature issued on
______________ and valid until September 14, 2014.

Doc. No. _____;

Page No. _____;
Book No. _____;
Series of 2014

SWORN ATTESTATION OF COUNSEL

I, _______________________, counsel of record of plaintiff

______________________ in Civil Case No. ______________
entitled ______________________, pending before the
Regional Trial Court of Makati City (Branch ______), hereby
attest that I faithfully recorded the questions asked and
corresponding
answers
given
by
the
witness,
_________________; and, that I, or any other person, did not
coach the witness regarding the latters answers.

_____________________________

SUBSCRIBED AND SWORN TO BEFORE ME this ___ day

of November 2014, affiant exhibiting to me his
government issued I.D. [LTO Drivers License No.
_______________, bearing his photograph and signature,
issued
on
____________________,
and
valid
until
_________________.

Doc. No. _______;

Page No. _______;
Book No. _______;
Series of 2014

Copy furnished:

______________________________
Counsel for the Defendants
[Indicate Office Address]
*Due to time and manpower constraints, rendering
personal service impracticable, a copy of the foregoing
Judicial Affidavit was served by registered mail