REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH 76, QUEZON CITY

Juan Dela Cruz

Plaintiff,

-versus- Civil Case No. 07-0895321

For: Collection of Sum of Money
Pedro Penduko
Defendant.
x------------------------------x

JUDICIAL AFFIDAVIT

I, Juan Dela Cruz, of legal age, single, and living at #07 East Capitol Site Cebu City, plaintiff
in this case, state under oath as follows:

PRELIMINARY STATEMENT

The person examining me is Atty. Antonie Eduard Bendanillo with address at #100 Urgello St.,
Cebu City, Philippines. The examination is being held at the same address. I am answering his
questions fully conscious that I do so under oath and may face criminal liability for false testimony
and perjury.

PURPOSE: This affidavit/testimony of plaintiff JUAN DELA CRUZ is being offered to prove
that the respondent PEDRO PENDUKO contracted a Contract of Sale last January 15, 2015 for
the sale of five (5) second hand vehicles for a consideration of one million pesos each
(P1,000,000.00). The defendant committed a breach of contract by failure to pay its principal
obligation with a total amount of five million (P5,000,000.00) philippine currency.

1. Q. Please state your name and other personal circumstances for the record.
A. My name is Juan Dela Cruz, 28 years old, single and a resident of #07 East Capitol
Site Cebu City.

2. Q. Why are you here now?

A. To give a sworn statement by way of a 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. The legal counsel for the plaintiffs, Atty. Antonie Eduard Bendanillo, is conducting
or supervising my examination now at his law office (Bendanillo Law Offices) located at:

Unit 15, Star Arcade, C.V. Starr Ave., Philamlife Village, Cebu City, Philippines.

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

A. This judicial affidavit is prepared in English.

Let us now proceed to the Complaint.

5. Q. Are you the same Juan Dela Cruz the plaintiff in this case?
A. Yes sir.

6. Q. Do you know a certain Pedro Penduko?

A. Yes sir. He is the defendant in this case and we have business transactions.

7. Q. What are these business transactions?

A. Last January 15, 2013 we entered into a Contract of Lease (Annex “A”) for the container
yard. And we also entered into an agreement by virtue of contract of sale (Annex “B”)
last January 15, 2015 for the sale of five (5) hand vehicles.

8. Q. What is the reason why are you complaining to the defendant?

A. Pedro Penduko failed to pay the principal obligation amounting to five million pesos
(P5,000,000.00). The supposed to be payment for the five (5) units of the second hand
vehicles.

9. Q. Are you familiar with the personal property subject matter of this case?
A Yes. I own it.

10. Q. Can you describe the subject property?

1. ISUZU / SHL FRR/6 WHEELER;
2. Fuso Canter Squarelights, 4x4, 12ft., 4D32 engine 6 wheeler;
3. MITSUBISHI CANTER, 6W ALUMINUM VAN;
4. Mitsubishi 6 Wheeler 14 Ft Aluminum Van Canter Look;
5. MITSUBIHSI CANTER;
11. Are you familiar about the history of the subject property registered in the name of the
defendant?
A. The vehicles purchased by Pedro Penduko are are all in good conditions and free from
any mechanical and electrical damages and defects. These vehicles are also free from any
and all liens and encumbrances whatsoever.

12. When does the defendant suppose to pay the principal obligation?
A. June 15, 2015. For the total amount of five million pesos (P 5,000,000.00).

13. Did the defendant pay on the said date?

A. No sir.

14. Did you demand payment?

A. Yes sir. Written and verbal demand was made.

15. What did he do after you made demands on the payment?

A. He simply ignored it sir.

16. Do you have a copy of your written demand?

A. Yes sir. Final demand letter was sent to the defendant dated November 30, 2015. (Annex
“C”) but she still ignored such demand letter.

17. Is this the reason why your seeking legal action for the payment of the principal obligation by
virtue of the Contract of Sale?
A. Yes sir.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 13th day of February 2016
in Cebu City.

JUAN DELA CRUZ

Affiant
SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for the City of Manila
this 20th of February 2016. Affiant personally came and appeared with his Driver’s License issued
by the Land Transportation Office of the Philippines on October 27, 2015 at Cebu City, Philippines,
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. Antonie Eduard Bendanillo

Notarial Commission No. 181-08 until 31 Dec. 2016
Unit 15, Star Arcade, C.V. Starr Ave.,
Philamlife Village, Cebu City, Philippines
Page No. ; 15 PTR No.: 67845; 10/18/16; Cebu City
Doc. No. ; 16. IBP No.: 56789; 10/18/16; Cebu City
Book No. ; 17. MCLE No.: IV-000347; 01/16/16
Series of 2016.

I, Atty. Antonie Eduard Bendanillo, of legal age, Filipino, with postal address #100 Urgello St.,
Cebu City, Philippines after being duly sworn depose and say:

1. I was the one who conducted the examination of witness JUAN DELA CRUZat my
aforementioned office in Unit 15, Star Arcade, C.V. Starr Ave., Philamlife Village,
Cebu City, Philippines;

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 20th day of February 2016 at Cebu
City.

Atty. Antonie Eduard Bendanillo

Affiant
SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for the City of Manila
this 20th of February 2016. Affiant personally came and appeared with his IBP ID issued by the
Integrated Bar of thePhilippines on May 30 2014 at Manila, Philippines, 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. High Z. Fernandez

Notarial Commission No. 181-08 until 31 Dec. 2016
4/F Cokaliong Tower, S., Osmena Ave.
North Side, Quezon City Philippines
PTR No.: 67845; 10/18/16; Cebu City
IBP No.: 56789; 10/18/16; Cebu City
MCLE No.: IV-000347; 01/16/16
Page No. ; 15.
Doc. No. ; 16.
Book No. ; 17.
Series of 2016.
 ANNEX “A”

CONTRACT OF LEASE

KNOW ALL MEN BY THESE PRESENTS:

This Contract of Lease made and entered into by and between:

I, JUAN DELA CRUZ, of legal age, single, and living at #07 East Capitol Site Cebu City,
plaintiff in this case hereinafter referred to, and a, (hereinafter referred to as the "LESSEE");

- and –

Pedro’s Realty International, a business existing under the law of the Philippines with principal
office at lot#256 Kandingan Sitio Bas, Lapu-Lapu City Philippines as represented and owned
by Pedro Penduko, of legal age, Filipino, single, and a resident of #789 Sitio Kalimti, Bacolod
City, Philippines, (hereinafter referred to as the "LESSOR");

WITNESSETH That:

WHEREAS, the LESSOR is the owner of a certain parcel of land situated at container yard
located in lot#256 Kandingan Sitio Bas, Lapu-Lapu City Philippines.

WHEREAS, the Lessor desires to lease the afore-described property in favor of the LESSEE and
the LESSEE accepts the lease subject to the terms and conditions herein set forth.

NOW, THEREFORE, for and in consideration of the terms and conditions mutually agreed upon
by the parties, the LESSOR hereby lease unto the LESSEE, his heirs, successors and assigns, the
above-described parcel of land subject to the following terms and conditions, to wit:

1. That the term of this lease shall be for a period of ten (10) years to commence upon the
signing of this Contract and shall be renewable for another ten (10) years at the option of
the LESSEE, and thereafter renewable upon mutual agreement of the parties;

2. That the annual rentals on the leased premises above-mentioned shall be one million pesos
only (P 1,000,000.00), Philippine Currency for the first five (5) years of this agreement,
which shall be increased by five hundred thousand pesos (P500,000.00) every five (5) years
thereafter. The rentals shall be paid by the LESSEE to the LESSOR on a yearly basis
payable on or before the 15th day of January every year;

3. That the LESSOR shall pay the real property taxes levied of the leased premises
corresponding to the aforementioned parcel of land while the LESSEE shall pay the real
property taxes levied on the building and other improvements that shall be introduced by
the latter;

4. It is expressly agreed by the parties herein that any fixed improvements or renovations that
will be introduced in the subject stall shall become the property of the LESSOR after the
expiration of the term of this Contract.
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures this 15th day of
January 2013 at Lapu-lapu Cebu, Philippines.

JUAN DELA CRUZ PEDRO PENDUKO

LESSOR LESSEE

SIGNED IN THE PRESENCE OF:

Chris Katakutan Lisa Dimagiba

 ACKNOWLEDGEMENT

Republic of the Philippines )

Cebu City, Cebu) S.S

BEFORE ME, personally appeared:

Name CTC Number Date/Place Isued

Juan Dela Cruz 19872454 January 01, 2015/ Cebu City
Pedro Penduko 12348754 January 10, 2015/ Bacolod City

All to me known to be the same persons who executed the foregoing instrument and acknowledged
to me that the same is their free and voluntary act and deed.

This instrument consisting of three (3) pages, including this page on which this acknowledgment
is written refers to a CONTRACT OF LEASE of the container yard as mention above and has been
signed by the parties and their witnesses and sealed with my notarial seal.

WITNESS MY HAND AND SEAL, on the date and place first above written.

Atty. Antonie Eduard Bendanillo

Notarial Commission No. 181-08 until 31 Dec. 2016
Unit 15, Star Arcade, C.V. Starr Ave.,
Philamlife Village, Cebu City, Philippines
Page No. ; 32 PTR No.: 67845; 10/18/16; Cebu City
Doc. No. ; 16. IBP No.: 56789; 10/18/16; Cebu City
Book No. ; 348 MCLE No.: IV-000347; 01/16/16
Series of 2016.
 ANNEX “B”

DEED OF SALE OF MOTOR VEHICLE

KNOW ALL MEN BY THESE PRESENTS:

This Deed of Absolute Sale is made and entered into in Quezon City this 15th day of January
2015 by and between:

I, JUAN DELA CRUZ, of legal age, single, and living at #07 East Capitol Site Cebu City,
plaintiff in this case hereinafter referred to as SELLER;

- and -

I, PEDRO PENDUKO, of legal age, Filipino, with residence address at #789 Sitio Kalimti,
Bacolod City hereinafter referred to as BUYER;

WITNESSETH:

WHEREAS, the SELLER is the absolute and registered owner of the following motor vehicle,
more particularly described as follows:

1. ISUZU/SHL FRR/6 WHEELER;

2. FUSO CANTER Squarelights, 4x4/12ft./4D32 ENGINE/ 6 WHEELER
3. MITZUBISHI CANTER/6 WHEELER/ALUMINUM VAN
4. MITZUBISHI/6 WHEELER 14ft./ALUMINUM VAN, CANTER LOOK
5. MITZUBISHI CANTER

WHEREAS, the SELLER desires to sell the aforesaid motor vehicle and the BUYER is able,
willing and ready to purchase the same under the terms and conditions herein below set forth;

NOW THEREFORE, for and in consideration of the sum total of FIVE MILLION PESOS
(PHP5,000,000.00), Philippine currency, VAT Inclusive and receipt hereof is hereby
acknowledged by the said SELLER, the SELLER hereby SELL,CEDE, TRANSFER and
CONVEY unto the BUYER, in a manner absolute and irrevocable the above-described vehicle
units are free from any and all liens and encumbrances whatsoever and on an “AS IS WHERE IS
BASIS”.

The SELLER warrants that the Motor Vehicle is free from any liens and encumbrances and that
said SELLER shall defend the title and rights of the BUYER from any claims of whatever kind
or nature from third persons.

IN WITNESS WHEREOF, the parties have hereunto affixed their signatures on the date and at
the place first above-written.

JUAN DELA CRUZ PEDRO PENDUKO

Seller Buyer

SIGNED IN THE PRESENCE OF:

Chris Katakutan Lisa Dimagiba

 ACKNOWLEDGEMENT

Republic of the Philippines )

Cebu City, Cebu) S.S

BEFORE ME, personally appeared:

Name CTC Number Date/Place Isued

Juan Dela Cruz 19872454 January 01, 2015/ Cebu City
Pedro Penduko 12348754 January 10, 2015/ Bacolod City

All to me known to be the same persons who executed the foregoing instrument and acknowledged
to me that the same is their free and voluntary act and deed.

This instrument consisting of three (3) pages, including this page on which this acknowledgment
is written refers to a DEED OF SALE of 5 Unit of vehicles as mention above and has been signed
by the parties and their witnesses and sealed with my notarial seal.

WITNESS MY HAND AND SEAL, on the date and place first above written.

Atty. Antonie Eduard Bendanillo

Notarial Commission No. 181-08 until 31 Dec. 2016
Unit 15, Star Arcade, C.V. Starr Ave.,
Philamlife Village, Cebu City, Philippines
Page No. ; 32 PTR No.: 67845; 10/18/16; Cebu City
Doc. No. ; 16. IBP No.: 56789; 10/18/16; Cebu City
Book No. ; 345. MCLE No.: IV-000347; 01/16/16
Series of 2016.
 ANNEX “C”

November 30, 2015

MR. PEDRO PENDUKO

#789 Sitio Kalimti,
Bacolod City, Philippines

Re: Collection of money Fees for the five (5) units of motor vehicle

Dear Mr. Pedro Penduko:

This firm represents MR. JUAN DELA CRUZ. As you know, you purchased five (5) units of
motor vehicles from my clients.

Mr. JUAN DELA CRUZ provided these .

1. ISUZU/SHL FRR/6 WHEELER;
2. FUSO CANTER Squarelights, 4x4/12ft./4D32 ENGINE/ 6 WHEELER
3. MITZUBISHI CANTER/6 WHEELER/ALUMINUM VAN
4. MITZUBISHI/6 WHEELER 14ft./ALUMINUM VAN, CANTER LOOK
5. MITZUBISHI CANTER

as embodies in the Contract of Sale dated January 15, 2015. That Contract of Sale noted the total
amount due to Mr. PEDRO PENDUKO was five million pesos (P 5,000,000.00). Your failure to
timely pay is a breach of contract.

We are prepared to proceed with legal action. However, my clients would prefer to give you one
last opportunity to make payment and avoid legal action. Accordingly, please remit full payment
within ten (10) days of this letter.

If you have any questions, please feel free to contact our office.

Sincerely,

Atty. Antonie Eduard Bendanillo

BENDANILLO LAW OFFICE
Unit 15, Star Arcade, C.V. Starr Ave.,
Philamlife Village, Cebu City, Philippines
PTR No.: 67845; 10/18/16; Cebu City
IBP No.: 56789; 10/18/16; Cebu City
MCLE No.: IV-000347; 01/16/16