You are on page 1of 10

Republic of the Philipppines

Municipal Trial Court


Second Judicial Region
Branch 01
Tuguegarao City

MAUREEN MARGARETH ESLAVA,


plaintiff,
Civil Case No. 82-3345-4
For: Unlawful Detainer

-versusRENZ THEODORE SOMEJO,


defendant.
x------------------------------------------------x

JUDICIAL AFFIDAVIT OF
DEFENDANT RENZ THEODORE SOMEJO
I, RENZ THEODORE SOMEJO , of legal age, single, and living at No. 13
City Road, Caritan Norte, Tuguegarao City, defendant in this case, state under
oath as follows:
PRELIMINARY STATEMENT:
The person examining me is Atty. Myra De Guzman with address at
College Avenue, Tuguegaro City, Cagayan. The examination is being held at the
same address. I am answering her questions fully conscious that I do so under
oath and may face criminal liability for false testimony and perjury.
PURPOSE: This affidavit/testimony of defendant RENZ THEODORE SOMEJO is
being offered to prove that the defendant had complied with his obligations under
the least agreement such that defendant had religiously paid the monthly rental
of the leased building owned by herein plaintiff from December 2013 to January
2014.
Q1.
A1.

Please state your name and other personal circumstances for the record.
I am Renz Theodore Somejo, of legal age, single, a businessman and a
resident of Caritan Norte, Tuguegarao City.

Q2.
A2.

Are you the same person with the defendant in this case?
Yes sir.

Q3.
A3.

You said you are a businessman, what kind of business are you into?
Buy and sell of cars Maam

Q4.
A4.

How long have you been engage in said business?


Almost 10 years.

Q5.
A5.

Do you know a certain Maureen Margareth Eslava?


Yes sir. She is the owner of the two storey building I am presently

occupying and the plaintiff in this case.


Q6.
A6.

How did you know her?


I came to know her when I was looking for a place to occupy in
Tuguegarao City.

Q7. Were you able to find one?


A7.
Yes. I was then looking for a place to live within the City proper when a
friend of mine told me that Maureen Eslava has a two storey building in Caritan
Norte for lease. My friend gave me her address and I went to see Maureen in
her residence in Ugac Sur. I introduced myself, asked her about the building she
is leasing and she confirmed that she does lease said building. I asked her if we
could go and see the building and she accompanied me. I saw the place, it was
nice and decent, and so I ask from her if I could lease it. She gave no reply but
instead asked me come back to her house in Ugac Sur on May 15, 2013.
Q8.
A8.

Did you go back?


Yes, Maam, I went back to Maureens residence in Ugac Sur on the said
date.

Q9. So what transpired, if any, on May 15, 2013?


A9.
She presented to me a Lease Contract on the twostorey building, and
after I have read the terms and conditions provided therein, I signed it. And
Maureen followed.
Q10. I am showing you a copy of a Lease Contract, is this the same document
you are referring to?
A10. Yes Maam.
We go on record that the witness identified the Lease Contract. The same
document was already marked as Exhibit 1 during the pre-trial. We are
adopting the same markings.
Q11. After the signing of the contract on May 15, 2013, what happened?
A11. I asked Maureen if I can move on June 1, 2013, and she said yes.
Q12. And thereafter what happened?
Qa12. On June 1, 2013 I moved and occupied the two storey building located at
No. 13 City Road, Caritan Centro, Tuguegarao City, and at present is still living in
said building.
Q13. What happened next?
A13. Last March 01, 2014, I received a demand letter dated February 28, 2014
from Ms. Eslava, asking rentals for the months of December 2013 to February
2014.
Q14. I am showing you a copy of a demand letter, is this the same document
you are referring to?
A14. Yes Maam.
We go on record that the witness identified the demand letter. The same
document was already marked as Exhibit 2 during the pre-trial. We are
adopting the same markings.
Q15. What did you do thereafter?

A15. I tried to talk to her to settle the matter considering that I know I have paid
my obligations to her for the months of December 2013 to January 2014 but my
diligent effort prove futile because on March 01, 2014, she commenced an action
against me.
Q16. You said you know that you have paid the rentals for the months of
December 2013 and January 2014, how did you pay it? do you have any proof
to show that indeed you have paid said rentals?
A16. Last January 3, 2014, before I left for Manila, I gave my housemaid,
MARY PEARL REYES, FIFTEEN THOUSAND PESOS and instructed her to
deposit said amount in Maureens BDO account the following day to settle my
December 2013 rental. The following month, on February 5, 2014, I, handed to
my maid same amount for payment of my January 2014 rental and gave her
same instruction.
Q17. Do you have any proof of said payments?
A17. The bank deposit slips, Maam.
Q18. I am showing you these documents, are these the deposit slips you are
referring to?
A18. Yes Maam.
We go on record that the witness identified the BDO deposit slips dated
January 5, 2014 and February 7, 2014, both in the account name of Maureen
Margareth Eslava and deposited by Mary Pearl Reyes. The same document was
already marked as Exhibit 3 during the pre-trial. We are adopting the same
markings.
Q19. You said you have deposited the rentals for the months of December 2013
to January 2014, what about the rental for the month of February 2014.
A19. I have not paid yet the rental for February 2014 Maam because she was
advance in collecting the same considering that the month has not yet
end.
Q20. What do you mean that she was advance in collecting the rental.?
A20. Ms. Eslava was asking me to pay the rent for the month of February 2014
on February 28, 2014. And she did that through the February 28, 2014
demand letter (Exhibit 2).
Q21. Claiming that you have paid the rentals the plaintiff was asking for, that the
demand for payment of the February 2014 rental was pre-mature, and that
in spite of said payments you were asked to vacate the premises, how did
you feel?
A21. I was so humiliated and embarrassed. I have a reputation to protect and
preserve as a businessman. The complaint besmirched my character in the
business community as well as in the society. Some of my clients even cancelled
our business deals when they came to know that I am a party to this case which
resulted to sleepless nights because I kept thinking of what I have lose from the
cancelled transactions.
Q22. Because of these feelings that you have suffered, how much would you
like the Honorable Court to award you by way of moral damages?

A22. Not less than P150,000.00, Maam.


Q23. What else did you financially incurred , if any?
A23. Transportation expenses and attorneys fee, Maam.
Q24. How much would it be?
A24. P50,000.00, Maam.
Q25. What else would you pray from the Honorable Court?
A25. To dismiss the case against me.
Q26. Do you have any other thing you wish to add or to delete in your
testimony?
A26. None Maam.
IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of
March 2014 at Tuguegarao City, Cagayan.

RENZ THEODORE SOMEJO


Affiant
SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for
Tuguegarao City, Cagyan this 15th day of March 2014. Affiant personally came
and appeared with his drivers license issued by the Land Transportation Office
Regional Office No. III on January 3, 2013 at San Fernando, Pampanga,
bearing his photograph and signature, known to me as the same person who
personally signed the foregoing instrument before me and avowed under penalty
of law to the whole truth of the contents of said instrument.

Atty. SOFIA ENRIQUEZ MATOTE


Notary Public
Commission Serial No. 09307816
Notary Public for Tuguegarao City, Cagayan
Until December 31, 2019__
Office: Carig, Tuguegarao City, Cagayan
Roll No. 00003292016
IBP Lifetime Roll No. 2016; 03/29/19 ; Cagayan
PTR No. 20160329 ; 09/09/20 ; Cagayan
MCLE Compliance Cert. No. 111111; 09/30/20

ATTESTATION
I, ATTY. MYRA DE GUZMAN, of legal age, Filipino, with postal address
College Avenue, Tuguegarao City, Cagayan after being duly sworn depose and
say:
1. I was the one who conducted the examination of witness RENZ
THEODORE SOMEJO, propounding the above-stated questions in
English language, the language spoken and understood by the

defendant, and providing me with the above-stated answers in the


same language, at my aforementioned office in Tuguegarao City,
Cagayan;
2. I have faithfully recorded or caused to be recorded the questions I
asked and the corresponding answer that the witness gave;
3. I nor any other person then present or assisting her coached the
witness regarding her answers.
IN WITNESS WHEREOF, I have hereunto set my hand this 15 th day of
March 2014 at Tuguegarao City, Cagayan
ATTY. MYRA DE GUZMAN
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for


Tuguegarao City, Cagyan this 15th day of March 2014. Affiant personally came
and appeared with her passport issued by the Department of Foreign AffairsNCR on June 12, 2012 at Manila, bearing her photograph and signature, known
to me as the same person who personally signed the foregoing instrument before
me and avowed under penalty of law to the whole truth of the contents of said
instrument.

ATTY. SOFIA ENRIQUEZ MATOTE


Notary Public
Commission Serial No. 09307816
Notary Public for Tuguegarao City, Cagayan
Until December 31, 2019__
Office: Carig, Tuguegarao City, Cagayan
Roll No. 00003292016
IBP Lifetime Roll No. 2016; 03/29/19 ; Cagayan
PTR No. 20160329 ; 09/09/20 ; Cagayan
MCLE Compliance Cert. No. 111111; 09/30/20

Republic of the Philipppines


Municipal Trial Court
Second Judicial Region
Branch 01
Tuguegarao City

MAUREEN MARGARETH ESLAVA,


plaintiff,
Civil Case No. 82-3345-4
For: Unlawful Detainer

-versusRENZ THEODORE SOMEJO,


defendant.
x------------------------------------------------x
JUDICIAL AFFIDAVIT OF
MARY PEARL M. REYES
Witness for the Defendant

I, MARY PEARL M. REYES , of legal age, single, and living at No. 13 City
Road, Caritan Norte, Tuguegarao City, WITNESS FOR THE DEFENDANT in this
case, state under oath as follows:
PRELIMINARY STATEMENT:
The person examining me is Atty. Myra De Guzman with address at
College Avenue, Tuguegaro City, Cagayan. The examination is being held at the
same address. I am answering her questions fully conscious that I do so under
oath and may face criminal liability for false testimony and perjury.
PURPOSE: This testimony of witness MARY PEARL M. REYES is being offered
to prove that the defendant had paid the monthly rental of the leased building
owned by herein plaintiff from December 2013 to January 2014.
Q1.
A1.

Please state your name and other personal circumstances for the record.
I am MARY PEARL M. REYES, of legal age, married, and a resident of
Caritan Norte, Tuguegarao City.

Q2.
A2.

Why are you here?


To testify for Mr. Renz Somejo, Sir.

Q3.
A3.

Do you know Mr. Renz Somejo?


Yes Maam.

Q4.
A4.

How do you know Mr. Somejo?


He is my employer and I am his housemaid.

Q5.
A5.

How long have you been working with Mr. Somejo?


Seven months, Maam.

Q6.
A6.

How do you find Mr. Somejo?


He is very good to me, he treated me kindly and he is very generous.

Q7.
A7.

You said he is very generous, why do you say so?


Yes Maam. He always give me extra money specially so if my children
visits me in his house and hes there. He sees to it that I feed my children
before they go. Sometimes he even advances my salary.

Q8.
A8.

How much are you receiving as salary?


I am being paid FOUR THOUSAND PESOS a month Maam.

Q9.
A9.

Are you always present in the house of Mr. Somejo?


Yes, Maam. I am a stay-in housemaid. And I seldom go on vacation.

Q10. When did you have your last vacation?


A10. Last year Maam, Christmas, December 25, 2013 until December 31,
2013.
Q11. When did you come back to Mr. Somejos place?
A11. In the morning of January 01, 2014.
Q12. So you were at Mr. Somejos place on January 01, 2014, do you
remember anything that happened on that day and onwards?
A12. Nothing unusual happened Maam. When I came back, Sir Renz was
there and he asked me to clean the premises and to wash his dirty linen
and clothes. The following day, with the money Sir Renz gave me, I went
to market and grocery to buy our food and to replenish our stocks. And
before he went to Manila, early morning of January 3, 2014, he gave me
FIFTEEN THOUSAND PESOS to deposit in Ms. Eslavas BDO account.
But in the afternoon of January 3, 2014, Ms. Eslava and her maid came by
and handed to me a letter for Sir Renz. Ms. Eslava also told me
something about rent.
Q13. Did you deposit the said amount?
A13. Yes, maam.
Q14. When did you make the deposit?
A14. On January 5, 2014.
Q15. What did you do thereafter?
A15. When Sir Renz came back from Manila, he asked me if I made the deposit
of the rental in Ms. Eslavas account and I answered him yes. He then asked for
the deposit slip of which I gave him. I also handed to him the letter from Ms.
Eslava.
Q16. If I am going to show you a deposit slip can you identify it?
A16. Yes, Maam.
Q17. Is this the deposit slip that you gave Mr. Somejo?
A17. Yes Maam.

Q18. How do you know that it is the same deposit slip that you gave to Mr.
Somejo?
A18. My name and signature was written in the deposit slip as the depositor.
We go on record that the witness identified the BDO deposit slips dated
January 5, 2014, the amount indicated therein deposited in the account name of
Maureen Margareth Eslava and deposited by Mary Pearl Reyes. The same
document was already marked as Exhibit 3 during the pre-trial. We are
adopting the same markings.
Q19. After making the deposit on January 5, 2014, did you ever made another
deposit thereafter?
A19. Yes Maam. Last month, Sir Renz told me to go to BDO to deposit the
January 2014 rental amounting to FIFTEEN THOUSAND PESOS
(PhP15,000.00) in the bank account of Ms. Eslava. He then handed me
an envelope with money in it.
Q20. Did you deposit the said amount in Ms. Eslavas bank account?
A20. I did Maam.
Q21. Do you have any proof that you indeed deposited the money representing
payment of the rental for February 2014.
A21. The deposit slip Maam.
Q22. What then did you do with the deposit slip?
A22. I gave it to Sir Renz Maam.
Q23. If I am going to show you a deposit slip, can you identify it?
A23. Yes Maam.
Q24. I am showing you this document, is this the deposit slip you are referring
to?
A24. Yes Maam.
Q25. Why do you say so?
A25. Because it bears my name and signature as the depositor of said amount.
Q26. Do you have any other thing you wish to add or to delete in your
testimony?
A26. None Maam.
IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of
March 2014 at Tuguegarao City, Cagayan.

MARY PEARL M. REYES


Affiant
SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for
Tuguegarao City, Cagyan this 15th day of March 2014. Affiant personally came
and appeared with her postal ID issued by the Postal Office Regional Office

No. II on January 29, 2014 at Tuguegarao City, Cagayan, bearing her


photograph and signature, known to me as the same person who personally
signed the foregoing instrument before me and avowed under penalty of law to
the whole truth of the contents of said instrument.

Atty. SOFIA ENRIQUEZ MATOTE


Notary Public
Commission Serial No. 09307816
Notary Public for Tuguegarao City, Cagayan
Until December 31, 2019__
Office: Carig, Tuguegarao City, Cagayan
Roll No. 00003292016
IBP Lifetime Roll No. 2016; 03/29/19 ; Cagayan
PTR No. 20160329 ; 09/09/20 ; Cagayan
MCLE Compliance Cert. No. 111111; 09/30/20

ATTESTATION
I, ATTY. MYRA DE GUZMAN, of legal age, Filipino, with postal address
College Avenue, Tuguegarao City, Cagayan after being duly sworn depose and
say:
4. I was the one who conducted the examination of witness MARY
PEARL REYES, propounding the above-stated questions in English
language, the language spoken and understood by the WITNESS, and
providing me with the above-stated answers in the same language, at
my aforementioned office in Tuguegarao City, Cagayan;
5. I have faithfully recorded or caused to be recorded the questions I
asked and the corresponding answer that the witness gave;
6. I nor any other person then present or assisting her coached the
witness regarding her answers.
IN WITNESS WHEREOF, I have hereunto set my hand this 15 th day of
March 2014 at Tuguegarao City, Cagayan
ATTY. MYRA DE GUZMAN
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for


Tuguegarao City, Cagyan this 15th day of March 2014. Affiant personally came
and appeared with her passport issued by the Department of Foreign AffairsNCR on June 12, 2012 at Manila, bearing her photograph and signature, known
to me as the same person who personally signed the foregoing instrument before
me and avowed under penalty of law to the whole truth of the contents of said
instrument.

ATTY. SOFIA ENRIQUEZ MATOTE


Notary Public
Commission Serial No. 09307816
Notary Public for Tuguegarao City, Cagayan
Until December 31, 2019__
Office: Carig, Tuguegarao City, Cagayan
Roll No. 00003292016
IBP Lifetime Roll No. 2016; 03/29/19 ; Cagayan
PTR No. 20160329 ; 09/09/20 ; Cagayan
MCLE Compliance Cert. No. 111111; 09/30/20

You might also like