Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

11TH Judicial Region
Tagum City

Maxinne M. Medina CIVIL CASE NO.:_________

Complainant, FOR: UNLAWFUL DETAINER

-versus-

Pia A. Wurtzback
Defendant,
x---------------------------------------x

I. PRELIMINARY INFORMATION

NAME AND OTHER PERSONAL CIRCUMSTANCES OF THE

WITNESS.

Name : Maxinne M. Medina;

Age : 26;
Address : P1 Kalye Pogi St., Buclad, Asuncion,
Davao del Norte;
Occupation : Businesswoman

LAWYER WHO CONDUCTED OR SUPERVISED THE

EXAMINATION OF THE WITNESS.

Name : Atty. Mary Justice P. Aurelio

Address : Aurelio Law Firm
Door 5, Consuelo Commercial
Building, Pioneer Ave., Mankilam,
Tagum City
Date of Examination : March 20, 2017
Place of Examination : Aurelio Law Firm
Door 5, Consuelo Commercial
Building, Pioneer Ave., Mankilam,
Tagum City

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 II. OFFER

The testimony of the witness Maxinne M. Medina is being offered

to prove the following:

A) All the allegations in the Complaint including all annexes

appended thereto;
B) All other related matters, facts and circumstances relevant and
material to the case.

III. JUDICIAL AFFIDAVIT PROPER.

I, MAXINNE M. MEDINA, Filipino, 26 years old, a resident of

Purok 1 Kalye Pogi St., Tagum City, under oath, depose:

1. Q: Please state your name, age, residence and occupation of the

witness.
A: I am Maxinne M. Medina, 26 years old, single, residing at P1
Kalye Pogi St., Buclad, Asuncion, Davao del Norte and a
businesswoman.

2. Q: Why are you here now?

A: To give a sworn statement by way of judicial affidavit, the same to
constitute as my direct testimony, in the above-captioned civil case.

3. Q: For the record, please state the name and address of the lawyer
who is now conducting or supervising your examination and the place
where the examination is being held now?
A: Atty. Mary Justice P. Aurelio is conducting or supervising my
examination now at her law office at Door 5, Consuelo Commercial
Building, Pioneer Ave., Mankilam, Tagum City.

4. Q: In what language do you want your examination to be conducted?

A: This judicial affidavit is prepared in English. But I prefer that my
cross examination be conducted in Cebuano for my convenience and
for clarity.

5. Q: Do you undertake to answer the questions to be asked of you, fully

conscious that you will do so under oath, and that you may face
criminal liability for false testimony or perjury?
A: Yes.

6. Q: Let us now proceed with the complaint. Do you know the

defendant of this case, Ms. Pia A. Wurtzback?
A: Yes, I know her.
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7. Q: How did you know the defendant, Ms. Wurtzback?
A: She is renting my property at Doctolero Ave., Tagum City.

8. Q: Can you please describe this specific property?

A: The property is a house and lot, covered by a Tax Declaration No.
03400567 in my name with an assessed value of P75,000.00. A
certified true copy of the said tax declaration is Exhibit “A”.

9. Q: Have you and Ms. Pia Wurtzback executed a lease contract for the
said rent?
A: Yes.

10.Q: I have here a three (3) pages document denominated as Lease

Contract dated November 3, 2015, how is this related to the lease
contract you have mentioned earlier?
A: That is the Contract of Lease we executed regarding the property in
Doctolero Ave., Tagum City.

11.Q: What was your agreement with the defendant under the lease
contract?
A: We agreed that the contract shall be for a period of two (2) years
from November 3, 2015 and the monthly rental is P15,000.00. A copy
of the Lease Contract is Exhibit “B”.

12.Q: What happened to the contract between you and the defendant?
A: The defendant violated it.

13.Q: In what way did the defendant violate your agreement?

A: She failed and refused to pay the agreed monthly rent starting
October 3. 2016 to present despite repeated demands.

14.Q: How many months did the defendant failed to pay before you filed
this case and by how much?
A: She defaulted for four months already last January 3, 2017,
amounting to P60,000.

15.Q: So she defaulted for four months, can you please narrate what
happened when she defaulted in the first month?
A: I visited her and demanded for payment but she promised me to
pay it the following day and she reasoned out that she has not yet
received money from her daughter abroad.

16.Q: When was that Ms. Witness, if you can still recall?
A: That was on October 5, 2016, two days after the due date for
payment of rent.

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17.Q: Did the defendant make good her promise to pay on the following
day?
A: No, she asked for extension because she has no funds yet.

18.Q: What was your response to her request?

A: I considered her request because we have been friends already.

19.Q: What happened next?

A: Another monthly rental was due, that was on November 3, 2016.

20.Q: What did you do then?

A: I visited her again and demanded for the two (2) months delay in
rental payments but she still refused.

21.Q: When was that Ms. Witness?

A: That was on November 4, 2016.

22.Q: What did you do after her refusal?

A: I got mad and told her to make good the amount due within five (5)
days from November 4, 2016 otherwise I will no longer personally
talk to her and she will deal with my lawyer.

23.Q: What happened next?

A: She did not pay within the period, until another monthly rental
became due on December 3, 2016 and so I sent a demand letter to
vacate on January 3, 2017 to the defendant asking her to vacate the
house and posted it in conspicuous places within the leased premises.
A copy of the Demand Letter to Vacate is Exhibit “C”.

24.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.

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

26.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 P15,000.00 for the use and
occupation of my property starting from October 3, 2016 until the
possession of the subject property is turned over by the defendants.

27.Q: Finally, do you know why you are executing the foregoing sworn
statement in this case?
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 A: Yes. I am executing this sworn statement to be adopted 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 “E”.

Nothing follows.

IN WITNESS WHEREOF, I have signed this affidavit this February

23, 2017, Tagum City, Davao del Norte, Philippines.

MAXINNE M. MEDINA
Affiant

ATTESTATION

I hereby attest that on this 20th day of March 2017, I have personally
examined the plaintiff MAXINNE M. MEDINA; and that I have faithfully
recorded or caused to be recorded the questions asked and the corresponding
answers thereto made by her. I further attest that neither I nor any other
person herein present, or assisting me, never coached MAXINNE M.
MEDINA regarding her answers.

Tagum City, Davao del Norte, Philippines. March 20, 2017.

MARY JUSTICE P. AURELIO

Lawyer-Affiant
Counsel for Plaintiff
Door 5, Consuelo Commercial
Building, Pioneer Ave., Mankilam,
Tagum City
Roll of Attorney No. 98768
IBP No. 1349/2-5-12/Tagum
PTR No. 87657/01-05-17/Tagum

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 SUBSCRIBED and SWORN TO this 20th day of March 2017,
Tagum City, Davao del Norte, Philippines. Affiant exhibited to me their
identification cards bearing their photograph and signature, as follows:
Name Issued by/ID No.:
MAXINNE M. MEDINA SSS ID No. 091234989-1
MARY JUSTICE P. AURELIO IBP No. 1349
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.

ATTY. LESLIE RESPICIO

Door 4, Consuelo Commercial
Building, Pioneer Ave., Mankilam,
Tagum City
Roll of Attorney No. 98768
IBP No. 12349/2-5-12/Tagum
PTR No. 87657/1-5-17/Tagum

Doc. No. ___;

Page No. ___;
Book No. ___;
Series of 2017.

Copy Furnished:

Atty. Samuel Dave O. Solas Personal Service

Counsel for the Defendant
Unit 15, Boja Arcade, Rizal St.,
Tagum City, Davao del Norte, Philippines
Roll of Attorney No. 98766
IBP No. 12346/2-5-12/Tagum
PTR No. 87655/1-5-17/Tagum
Contact No. 09261378089