Republic of the Philippines

Municipal Trial Court in Cities

7th Judicial Region
City of Dumaguete
Branch 1

ALVIN MARQUEZ
Plaintiff,
- versus - CIVIL CASE NO. 14344
FOR: Unlawful Detainer

ACM CORPORATION AND ROVEN TRIAS,

Defendants.
x- - - - -- - - - - - - - - - - - - - - - - - - x

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

I, ALVIN MARQUEZ, of legal age, single, Filipino, and residing at

Banilad, Dumaguete City after having been duly sworn to in accordance
with law in answer to the questions asked of me by Atty. Celestine Marcial
in her office at Banilad, Dumaguete City, on January 30, 2017 at 11:00 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: How are you related to ALVIN MARQUEZ, the plaintiff in Civil Case
No. 10-0729 before the Metropolitan Trial Court of Manila for Unlawful
Detainer against AB Corporation and Roven Trias?
A: I am the same.

Q: Do you know defendant AB Corporation?

A: Yes. ACM Corporation is the lessee occupying the subject property since
April 1, 2012 which I own described under TCT No. 729610 of the Registry
of Deeds of Quezon City. A certified true copy of the said TCT is Exhibit -
A.

Q: Do you know defendant Roven Trias ?

A: Yes, defendant Roven Trias subleased the same property being leased by
ACM Corporation with my consent.

Q: How did the defendant ACM Corporation was able to occupy your
subject property?
A: ACM Corporation leased my property for a period of 2 years from April
1, 2015 to March 31, 2017 which is Exhibit B.

Q: How did the defendant Roven Trias was able to occupy your subject
property?
A: Defendant Trias have possessed my property as a sub-lessee.

Q: What did you do after defendants failure to voluntarily vacate the

occupied property upon expiration of the agreed lease period?
A: I visited and informed both the defendants that they must vacate my
property because I would use it for my business and both defendants
promised that they would leave the premises on the expiration of the
contract. For their failure to comply with the promise, I have posted a
Demand to Vacate on April 15, 2017, in conspicuous places within the
leased premises as a notice to defendants to vacate said premises.

Q: What is your proof that you posted a notice to vacate on April 15, 2017
upon the defendants?
A: I have here a copy of the Notice to vacate which is Exhibit C.

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

Q: What step did you take after the refusal of the defendants to vacate the
subject property despite demand?
A: I filed this action against the defendant in this case for Unlawful
Detainer before the MTC Manila.

Q: In your complaint you are asking for rental for the use and occupation of
the defendants in this case, how much is your claim for said rentals?
A: The agreed rental per month which is 20,000 for the use and occupation
of my property starting from April 1, 2017 until the possession of the subject
property is turned over by the defendants.

Q: Finally, do you know why you are executing 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 my causes of action for unlawful detainer
against the defendants in the above entitled case, and this Judicial Affidavit
be marked as Exhibit E.

IN WITNESS WHEREOF, I hereby affix my signature this 13th day

of October 2017, in the Dumaguete City.

ALVIN MARQUEZ
Affiant

ATTESTATION
I hereby attest that on this 13th day of October 2017, I have personally
examined the plaintiff ALVIN MARQUEZ; 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 ALVIN MARQUEZ
regarding his answers.

Dumaguete City, this 13th day of October 2017.

 JAN MARK M. WONG
NOTARY PUBLIC
1480 Calindagan, Dumaguete City
PTR OR No. 0012349A Jan. 9, 2017 Dgte. City
IBP OR No. 123456 Jan. 8, 2017 Dgte. City
**ROLL No. 34802**
MCLE No. IV 0001234
Serial No. 2011 019
Commissioned until December 31, 2017
Doc. No. 123 ;
Page No. 48 ;
Book No. 10 ;
Series of 2017.
 VERIFICATION AND CERTIFICATION OF NON-FORUM
SHOPPING

REPUBLIC OF THE PHILIPPINES)

Province of Negros Oriental) S.S.
City/Municipality of Dumaguete)
x-----------------------x

We, ALVIN MARQUEZ, a resident of Dumaguete City, Negros Oriental,

Philippines, after being sworn in accordance with law, hereby depose and
certify that:

(a) I have not theretofore commenced any other action or proceeding or

filed any claim involving the same issues or matter in any court, tribunal, or
quasi-judicial agency and, to the best of my knowledge, no such action or
proceeding is pending therein; (c) if I should thereafter learn that the same or
similar action or proceeding has been filed or is pending before the Supreme
Court, the Court of Appeals, or any other tribunal or quasi-judicial agency, I
undertake to report such fact within five (5) days therefrom to the court or
agency wherein the original pleading and sworn certification contemplated
herein have been filed.

IN WITNESS WHEREOF, I have hereunto set my hand this 13th

day of October 2017 at Dumaguete, Negros Oriental, Philippines.

ALVIN MARQUEZ
AFFIANT

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

for Dumaguete City this 13th day of October 2017. Affiant personally came
and appeared with Voters ID issued by the COMELC on July 13, 2014 at
Dumaguete City 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.

JAN MARK M. WONG

NOTARY PUBLIC
1480 Calindagan, Dumaguete City
PTR OR No. 0012349A Jan. 9, 2017 Dgte. City
IBP OR No. 123456 Jan. 8, 2017 Dgte. City
**ROLL No. 34802**
MCLE No. IV 0001234
Serial No. 2011 019
Commissioned until December 31, 2017
Doc. No. 123 ;
Page No. 48 ;
Book No. 10 ;
Series of 2017.