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Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES


Second Judicial Region
City of Tuguegarao
Branch 1

ABC COMPANY
Plaintiff,

- versus - CIVIL CASE NO. CV-10-0001


FOR: Unlawful Detainer

XYZ PAWNSHOP
Defendants.
x- - - - -- - - - - - - - - - - - - - - - - - - x

JUDICIAL AFFIDAVIT
(Pursuant to SC A.M. No. 12-8-8-SC)

I, WINNIE QUILANG, of legal age, single, Filipino, and residing at 12 Sampaguita


St., Ugac Norte, Tuguegarao City, Cagayan after having been duly sworn to in
accordance with law in answer to the questions asked of me by Atty. Cheenee Vehemente
in her office at Purok 7, Caggay, Tuguegarao City, Cagayan on March 13, 2018 at 10:00
A.M. fully conscious that I do so under oath and that I may face criminal liability for false
testimony or perjury hereby depose and state:

Q: Do you know plaintiff ABC Company?


A: Yes.

Q: Why do you know the plaintiff?


A: ABC Company bought the subject property from me on January 15, 2018.

Q: Do you own the subject property?


A: Yes, I inherited it from my father.

Q: Do you know defendant XYZ Pawnshop?


A: Yes.

Q: Why do you know the defendant?


A: XYZ Pawnshop is the lessee occupying the subject property.

Q: Who leased the property to the defendant?


A: My father Andres Aguinaldo.

Q: When was it leased?


A: It was in 1973 when my father leased it to XYZ Pawnshop.

Q: Where is Andres Aguinaldo now?


A: He died in 2010.

Q: After your father died, was the defendant in continued possession of the subject
property?
A: Yes.

Q: Was the defendant still paying the monthly rental fees?


A: No.

Q: When did the defendant stopped paying for the rent?


A: it was in April 2017

Q: How much is the supposed rental fee of the subject property?


A; P20,000 per month.

Q: What did you do after defendant’s failure to pay the supposed rental fees?
A: I gave them a demand letter saying that they must pay the back rentals and vacate the
premises within 30 days from receipt of the letter.

Q: For how long did the defendant fail to pay rental fees?
A: Five months.

Q: What did you do after defendant’s failure to vacate the property upon your demand?
A: I visited and informed the defendant that they must vacate the property because I have
the intention to sell it and the defendant promised that they would leave as soon as
possible. For their failure to comply with the promise, I have posted a Demand to Vacate
on September 28, 2017, in conspicuous places within the leased premises as a notice to
defendant to vacate said premises.

Q: What is your proof that you posted a notice to vacate on September 28, 2017 upon
the defendants?
A: I have here a copy of the Notice to vacate.

Q: What was the action of defendant after posting the notice to vacate?
A: None. The defendant refused to vacate and surrender possession of my property.

Q: On January 15, 2018, you sold the subject property to ABC Company, is that correct?
A: Yes.

Q: For how much?


A: 10 million

Q: What is your proof that a contract of sale has transpired between you and the plaintiff?
A: I have here a copy of the deed of absolute sale.

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 the cause of action for unlawful detainer against the defendant in the
above entitled case.

IN WITNESS WHEREOF, I hereby affix my signature this 13th day of March 2018
in Tuguegarao City, Cagayan.

WINNINE QUILANG
Affiant
ATTESTATION
I hereby attest that on this 13th day of March 2018, I have personally examined the
plaintiff WINNIE QUILANG; and that I have faithfully recorded or caused to be recorded
the questions asked and the corresponding answers thereto made by him. I further attest
that I nor any other person herein present, or assisting me, never coached WINNIE
QUILANG regarding his answers.

Tuguegarao City. March 13, 2018

CHEENEE C. VEHEMENTE
Lawyer- affiant
Counsel for Plaintiff
Purok 7, Caggay, Tuguegarao City, Cagayan
Contact No. 3696891
ROLL No. 03270228
P.T.R. NO. A-07100715-1/3-8-2020
Tuguegarao City

SUBSCRIBED AND SWORN to before me this 13th day of March 2018 in


Tuguegarao City. Affiant exhibited to me their identification cards bearing their
photograph and signature, as follows:

Name: Issued by/ID No.:


WINNIE QUILANG TIN ID – 431-087-972
CHEENEE VEHEMENTE IBP No. – 1107015
known to me to be the same persons who executed the foregoing document.

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

Doc. No. _____; Notary Public


Page No. _____;
Book No._____;
SERIES of 2018.

Copy Furnished:

ATTY. KAREN DE LEON Personal Service


Counsel for Defendant
DE LEON LAW OFFICE
Carig, Tuguegarao City, Cagayan

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