Republic of the Philippines

First Judicial Region

Municipal Trial Court
Branch 5
Baguio City

FAYE D. LIM,
Plaintiff,
Civil Case Number: 12345
-versusFor: Unlawful Detainer
JANINE I. AGUILAR,
Respondent.
x-------------------------------------------------x

JUDICIAL AFFIDAVIT OF
FAYE D. LIM
OFFER OF TESTIMONY
The testimony of the witness, FAYE D. LIM, is
respectfully offered unto this Honorable court to prove the
following:
1. The Plaintiff is the owner of the residential property
being leased to the defendant, Janine I. Aguilar;
2. The Plaintiff and Defendant duly executed a Contract
of Lease for a term of one (1) year which commenced
from January 10, 2015 until January 10, 2016;
3. The

Defendant

failed

to

pay

her

rentals

from

September 10, 2015 up to date;

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4. That despite several oral and written demands by the

Plaintiff to pay and vacate the premises, the Defendant
refused to do the same; and
5. That she will likewise testify on other matters pertinent
to this case.
It is respectfully prayed unto this Honorable Court that
this Judicial Affidavit of FAYE D. LIM be admitted as the
Direct Examination of the witness in order to expedite the
proceedings.
With the kind permission of this Honorable Court, I,
FAYE D. LIM, of legal age, Filipino, married, with postal
address at 4F #61 Baltazar-Aquino Compound, Engineers Hill,
Baguio City, after having been sworn to in accordance with
law, do hereby depose and state:
a) That I have, engaged the legal services of Arios,
Bautista, Bravo, Camsol, De Guzman, Ofilas,
Soliven, Tactay, Taculog Law Office with office
address at Room 301, Puso ng Baguio, Session Road,
Baguio City;
b) That ATTY. DIERO THOMAS R. ARIOS from such
office conducted and propounded the questions to me
at the office address stated above on September 22,
2016;
c) That I answered all the questions propounded on me
by ATTY. DIERO THOMAS R. ARIOS voluntarily and
fully aware and conscious that I may be criminally
liable for false testimony or perjury;
d) That the questions propounded on me by said counsel
were in English a language which I speak and
understand; and

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e) That I am fully aware that I am giving my statements

as a witness in connection with the Complaint for
Unlawful Detainer filed by Plaintiff, FAYE D. LIM and
which is pending before the Regional Trial Court,
Branch 5, of Baguio City.

PRELIMINARY STATEMENT
The person examining me is Atty. Diero Thomas R. Arios,
with office address at Room 301, Puso ng Baguio, Session
Road, Baguio City. The examination is being held at the same
office. The questions being propounded are in English, a
language I know and understand. I am answering his
questions fully conscious that I do so under oath and may face
criminal liability for false testimony and perjury.

DIRECT EXAMINATION QUESTIONS

1. Atty. Diero Thomas R. Arios (A): Please state your
name and personal circumstances.
Faye D. Lim (A): I am Faye D. Lim, a Filipino citizen, 50
years of age, married and with residence at 4F #61
Baltazar-Aquino Compound, Engineers Hill, Baguio City.
2. Q: Maam, what is your occupation?
A: I am a lessor or owner of a residential property.
3. Q: Is the said residential property the one being
leased to Janine I. Aguilar?
A: Yes, Attorney. She is one of my lessees, and renting
one of the rooms of the said property.
4. Q: Is there a Contract of Lease executed between you
and Janine I. Aguilar?
A: Yes, Attorney.
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5. Q: When was the execution of the Contract of Lease?

A: We executed such contract on January 10, 2015.
6. Q: Is the Contract of Lease duly executed?
A: Yes, Attorney.
7. Q: Why do you say so?
A: We both signed the contract and it was acknowledged
by Atty. Jaime Reyes.
8. Q: What made you file a case for Unlawful Detainer?
A: Janine I. Aguilar defaulted in paying the rentals from
September 10, 2015 up to the present, and refused to
vacate the premises given the fact that the Contract of
Lease was already terminated last January 10, 2016.
9. Q: What are the matters or actions youve made after
the non-payment of rentals and the refusal to vacate
the premises on the part of the Defendant?
A: I made several oral demands from Janine I. Aguilar,
and that on February 10, 2016, I decided to make a final
written demand to the defendant in order for the latter to
pay and vacate the premises.
10.

Q: Did she receive such final written demand to

pay and vacate the premises?

A: Yes, Attorney. She received the final written demand
on February 11, 2016 as evidenced by the copy of the
registry receipt.
11.

Q: I have no more questions to ask. Do you have

something to add or retract from your statement?

A: No more, Attorney.
12.

Q: Are you then willing to sign this affidavit to

show that you have understood the contents and to

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attest to the truthfulness and correctness of its

contents?
A: Yes, Attorney.
Nothing follows.
IN WITNESS WHEREOF, I have hereunto set my hand
this 22nd day of September, 2016, in the City of Baguio,
Philippines.
FAYE D. LIM
Affiant
TIN No. 901-851-361
SUBSCRIBED AND SWORN TO BEFORE me this 22nd
day of September, 2016, in the City of Baguio, Philippines,
affiant exhibiting to me competent proof of her identity
indicated below her printed name and signature.

PEDRO LIWAYWAY
Doc No.
Page No.
Book No. XVI
Series of 2016

Notary Public
Until December 31, 2016
Roll of Attorneys No. 47149; May
6, 2002
IBP No. 0980504; 01/05/15;
Baguio-Benguet
PTR. No. 2009585; 01/05/1;
Baguio City

LAWYERS ATTESTATION
I, Diero Thomas R. Arios, of legal age, single, Filipino,
with office address at Room 301, Puso ng Baguio, Session

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Road, Baguio City, after having been duly sworn to in

accordance with law do hereby depose and state:
1. That I am the counsel of record for the Plaintiff;
2. That I personally conducted the foregoing Judicial
Affidavit of Faye D. Lim;
3. That I hereby certify that I faithfully recorded the
questions I asked and the answers of the witness;
4. That I likewise certify that neither I nor any person
then present had coached the witness regarding her answers.
In witness hereof, I have hereunto set my hand this 22 nd
day of September, 2016 in the City of Baguio, Philippines.

DIERO THOMAS R. ARIOS

Affiant
Subscribed and sworn to before me this 22 nd day of
September, 2016, in the City of Baguio, Philippines, affiant
being personally known to me.

PEDRO LIWAYWAY
Doc No.
Page No.
Book No. XVI
Series of 2016

Notary Public
Until December 31, 2016
Roll of Attorneys No. 47149; May
6, 2002
IBP No. 0980504; 01/05/15;
Baguio-Benguet
PTR. No. 2009585; 01/05/1;
Baguio City

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Arios, Bautista, Bravo, Camsol, De Guzman, Ofilas,

Soliven, Tactay, Taculog Law Office
Counsels for the Plaintiff
Room 301, Puso ng Baguio,
Session Road, Baguio City
By

Diero Thomas R. Arios

PTR No. 0123456/ 9-25/07 B.C.
IBP No. 86666 1-05-10 Baguio
Roll No. 66666
MCLE No. 123456
Copy furnished via personal delivery:

MAGTANGGOL GATDULA
Counsel for the Respondent

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