Republic of the Philippines

SUPREME COURT
Eighth (8th) Judicial Region
Municipal Trial Court in Cities, Branch 1
Bulwagan ng Katarungan, Tacloban City

KRISTINE A. QUISUMBING, CIVIL CASE NO.: 2018-11-22-CV

Plaintiff,
FOR: EJECTMENT
-versus- (UNLAWFUL DETAINER)
with PRAYER FOR
DON MARIANO L. ABELLA,
PRELIMINARY
Defendant. MANDATORY
x-------------------------------------------x INJUNCTION

JUDICIAL AFFIDAVIT OF KRISTINE A. QUISUMBING

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

Prefatory Statement

This is the Judicial Affidavit of KRISTINE A. QUISUMBING, of legal

age, single, Filipino citizen and residing at 234 A, P. Zamora St., Tacloban
City. The statements were taken and recorded based on the examination
made by Notary Publi,c Atty. Leonilo C. Cruz in his office at Suite 31, New
Era Bldg., No. 10, P. Burgos St., Tacloban City on January 8, 2018.

The witness was examined and gave her statements and answers in
the language which she understands. She answered under oath and had
sworn that she understood her statements made here and stands for their
veracity, fully conscious that she may face criminal liability for false
testimony or perjury.

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Purposes of the Affidavit

This Judicial Affidavit is offered in lieu of a witness’s direct

testimony pursuant to Administrative Matter No. 12-8-8-SC, to prove
that:

1. The witness is the owner of a land over which an apartment had

been constructed located at 64 P. Burgos St., Tacloban City;

2. By virtue of a contract of lease, the plaintiff leased unto the

defendant the aforesaid apartment for a consideration of P10,000.00 per
month as rental to be paid within the first ten (10) days of each month
starting 12 December 2016;

3. The defendant failed to pay the agreed rental for several months
starting 12 April 2017 up to the present;

4. The plaintiff sent several demand letters unto the defendant and
despite said letters of demand which were followed up by oral demands,
the defendant still refused to settle the unpaid rentals and to vacate the
premises;

5. She will identify relevant documents and will also testify on such
other material and relevant to matters to prove the allegations in the
complaint.

The following questions and answers were asked and recorded:

QUESTION NO. 1: Please state your name, age, civil status, occupation
and present address.
ANSWER: I am Kristine A. Quisumbing, of legal age, single, Filipino
citizen and residing at 234 A, P. Zamora St., Tacloban City.

QUESTION NO. 2: Why are you here?

ANSWER: I will make a judicial affidavit about the ejectment case I filed
against Don Mariano L. Abella.

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QUESTION NO. 3: What kind of ejectment case is that?
ANSWER: It is an unlawful detainer case with prayer for preliminary
mandatory injunction.

QUESTION NO. 4: Why did you file this case against Don Mariano L.
Abella?
ANSWER: Don Mariano Abella failed to pay the agreed rentals on my
apartment despite several demand letters and oral demands.

QUESTION NO. 5: How did the defendant, Don Mariano Abella was able
to occupy your subject property?
ANSWER: Defendant Abella has possessed my property (the apartment)
as a lessee by virtue of a Lease Contract.

QUESTION NO. 6: Where is that said apartment located?

ANSWER: It is located at 64 P. Burgos St., Tacloban City.

QUESTION NO. 7: Do you have any proof of the existence of this Lease
Contract?
ANSWER: Yes sir.

QUESTION NO. 8: Will you agree to attach a copy of that Lease Contract
to this affidavit and identify it in court later as Exhibit A and Series?
ANSWER: Yes sir.

QUESTION NO. 9: When was the defendant Abella started to lease out
your apartment?
ANSWER: He started to lease out on December 12, 2016.

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QUESTION NO. 10: How much is the agreed monthly rental of the said
apartment?
ANSWER: It is Ten Thousand Pesos (P10,000.00) per month to be paid
within the first ten (10) days of each month starting December 12, 2016.

QUESTION NO. 11: When was the defendant failed to pay for the rentals?
ANSWER: The defendant failed to pay the agreed rental for several
months starting April 12, 2017 up to the present.

QUESTION NO. 12: What did you do after defendants’ failure to pay the
rentals?
ANSWER: I sent a demand letter to him on July 11, 2017, to pay and to
vacate the apartment.

QUESTION NO. 13: Do you have a copy of this letter?

ANSWER: Yes sir.

QUESTION NO. 14: Will you agree to attach a copy thereof to this
Affidavit as EXHIBIT B and Series and identify that in court later?
ANSWER: Yes sir.

QUESTION NO. 15: Was the defendant able to receive the demand letter
you sent?
ANSWER: Yes Sir

QUESTION NO. 16: What is your proof that the demand letter has been
received?
ANSWER: It was received as shown in the registry return receipt.

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QUESTION NO. 17: Will you agree to attach a copy of the said registry
return receipt to this affidavit and identify it in court later as Exhibit C and
Series?
ANSWER: Yes sir.

QUESTION NO. 18: Did the defendant comply with your demand letter?
ANSWER: No, he did not.

QUESTION NO. 19: What did you do next?

ANSWER: On October 13, 2017, I sent another demand letter to pay and
vacate the apartment.

QUESTION NO. 20: Do you have a copy of this second demand letter?
ANSWER: Yes sir.

QUESTION NO. 21: Will you agree to attach a copy thereof to this
Affidavit as EXHIBIT D and Series and identify that in court later?
ANSWER: Yes sir.

QUESTION NO. 22: Was the defendant able to receive the second demand
letter you sent?
ANSWER: Yes Sir

QUESTION NO. 23: What is your proof that said demand letter has been
received?
ANSWER: It was received as shown in the registry return receipt.

QUESTION NO. 24: Will you agree to attach a copy of the said registry
return receipt to this affidavit and identify it in court later as Exhibit E and
Series?
ANSWER: Yes sir.

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QUESTION NO. 25: Do you made another follow up after the second
demand letter?
ANSWER: Yes sir. I made oral demands to him afterwards. I visited and
informed the defendant that he must pay the unpaid rental and vacate my
property.

QUESTION NO. 26: What was the action of defendants after said oral
demand?
ANSWER: None. The defendant still refused to pay and vacate and
surrender possession of my property.

QUESTION NO. 27: What step did you take after the refusal of the
defendant to pay and vacate the subject property despite several demands?
ANSWER: I filed this action against the defendant in this case for Unlawful
Detainer before the Municipal Trial Court in Tacloban City.

QUESTION NO. 28: In your complaint you are asking for unpaid rentals
plus damages, how much was that?
ANSWER: The defendant has an outstanding unpaid rental in the amount
of Ninety Thousand Pesos (P90,000.00) corresponding to unpaid rental fees
from April 12, 2017 to January 12, 2018. By resorting to judicial action, I
have incurred and spent Fifty Thousand Pesos (P50,000.00) as attorney’s
fees, Two Thousand Pesos (P2,000.00) as appearance fees plus filing fees
and other incidental expenses.

QUESTION NO. 29: Do you have other relief demanded?

ANSWER: I also plead by reference to my allegations as may be material
and relevant, prayer for preliminary mandatory injunction;

QUESTION NO. 30: Do you have the necessary support of the allegations
for the issuance of the Preliminary Mandatory Injunction?
ANSWER: Yes, Sir. I have the required Affidavit of Merit.

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QUESTION NO. 31: Will you agree to attach a copy of the Affidavit of
Merit and identify it in court later as Exhibit F and Series?
ANSWER: Yes, Sir.

QUESTION NO. 32: Do you swear to have told nothing but the truth?
ANSWER: Yes sir.

QUESTION NO. 33: Are you aware that if found telling a lie, you could be
charged and criminally held liable for perjury?
ANSWER: Yes sir.

QUESTION NO. 34: And despite that, do you still want to sign this
affidavit?
ANSWER: Yes.

QUESTION NO. 35: Finally, do you know why you are executing
foregoing sworn statement in this case?
ANSWER: 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 defendant in the above entitled case, and this Judicial
Affidavit be marked as Exhibit G.

QUESTION NO. 36: I have no other questions for you, do you anything
more to say?
ANSWER: No more.

-------------END OF INQUIRY-----------

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Republic of the Philippines )
Tacloban City ) s.s.

AFFIANT’S OATH AND ATTESTATION

I, KRISTINE A. QUISUMBING, of legal age, capacity and without

any vice of consent, hereby attest to have voluntarily and truthfully made
the answers to the foregoing questions.

IN WITNESS WHEREOF, I have hereunto affixed my signature this

day, _______________, in Tacloban City, Philippines.

KRISTINE A. QUISUMBING
Affiant

SUBSCRIBED AND SWORN to before me, this day, ______________,

in Tacloban City, Philippines, affiant being personally known to me.

Doc No:
Page No:
Book No:
Series of 2018.

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Republic of the Philippines )
Tacloban City ) s.s.

LAWYER’S SWORN ATTESTATION

I, ATTY. LEONILO C. CRUZ, Filipino, of legal age, married, a member

in good standing of the Integrated Bar of the Philippines, Leyte Chapter
and with office address at Suite 31, New Era Bldg., No. 10, P. Burgos St.,
Tacloban City, hereby depose under oath that:

1. I have faithfully recorded or caused to be recorded the questions I

have asked to the above witness and the corresponding answer that
the witness gave; and

2. I have not nor any other person present assisted or coached the
witness regarding the latter’s answer.

IN WITNESS WHEREOF, I have hereunto affixed my signature this

day, _______________, in Tacloban City, Philippines.

ATTY. LEONILO C. CRUZ

Affiant
BIR TIN: 123-456-789

SUBSCRIBED AND SWORN to before me, this day,

______________, in Tacloban City, Philippines, affiant showing to me his
competent proof of identity as indicated above.

Doc No:
Page No:
Book No:
Series of 2018.

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