Professional Documents
Culture Documents
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.
Q5.
A5.
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?
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
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.
Q3.
A3.
Q4.
A4.
Q5.
A5.
Q6.
A6.
Q7.
A7.
Q8.
A8.
Q9.
A9.
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.
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