Republic of the Philippines

7th Judicial Region

MUNICIPAL TRIAL COURT IN
Branch 2
Cebu City

JOSE TAN.,
Plaintiff,

-versus- Civil Case No. 000088

FOR: Recovery of Possession of Personal
Property & Damages

PEDRO CRUZ,
Defendants.
x- - - - - - - - - - - - - - - - - - - - - - - /

JUDICIAL AFFIDAVIT
(for the Plaintiff)

I, Jose Tan, of legal age, married, Filipino citizen and with residence at
Magsaysay St., Suba, Cebu City, after having been duly sworn to in
accordance with law, depose and state, to wit:

PRELIMINARY MATTERS

That the Judicial Affidavit was formally conducted by Atty. Joy Pajo at
her office at Door 2-G, Sail Centre Commercial Complex, J. Briones St.,
(across SM Cebu), North Reclamation Area, Cebu City. That I answer her
question fully conscious that I do so much under oath and under oath of
criminal sanction of false testimony and perjury.

That I identified and authenticated the documentary evidence

mentioned and attached to this Judicial Affidavit and warrant that the same
are faithful copies or reproduction of the original.

PURPOSE

The testimony of the above-named witness is offered to prove the material

allegations stated in the COMPLAINT and to PROVE that plaintiff owns the property
subject of the complaint and that the defendant wrongfully detained such property as
well as to prove other matters relating to this case.

Question 1: Are you the same Jose Tan who is the Plaintiff of this case?

Answer 1: Yes.

Question 2: Do you know the Defendants of this case and why?

Answer 2: Yes, because the Defendant is my acquaintance and that he
WRONGFULLY DETAINED a motor vehicle registered under my
name. The motor vehicle is described as a Kia Carnival, model
2010, with Plate No. XFC-909 valued at Four Hundred Fifty
Thousand Pesos (P450,000).; (Copy of the Certificate of
Registration number is attached as Annex A.)

Question 3: Can you briefly state the relevant facts relating to the said
wrongful detention by the Defendant of the motor vehicle
registered under your name?

Answer 3: Yes. Pedro Cruz, 30 years of age, is a resident of Lot 128, Block 5
situated at Abellana St., Suba, Cebu City.

On January 2, 2021, the said defendant went to my residential

house at Magsaysay St., Suba, Cebu City to rent the motor
vehicle mentioned above for a week from January 20-27, 2021.
The defendant mentioned that he will be using the car for a week-
long family trip. Since Pedro Cruz is a long-time family friend and
an acquaintance of my children and wife, I granted the
defendant’s request to rent the car during the specified period for
a fee of Five Thousand Pesos only (P5, 000.00). Per our
agreement, the payment shall be made upon return of the
vehicle.

Question 4: What happened next?

Answer 4:

On the morning of January 20, 2021, he went back to my

residential house at Magsaysay St., Suba, Cebu City to
commence driving the vehicle. By virtue of my trust to the
defendant, I handed over the car keys and allowed him to drive
the car to his destination without hesitation. The defendant
stated to return the vehicle on the night of January 27, 2021
along with the car key. (Copy of our written agreement attached
as Annex B.)

On the night of January 27, 2021, the defendant has not

returned the car yet, but I was assuming that he might have
encountered delays along the road so I waited until January 28,
2021 for him to return the car.

At around 8:00 P.M. of January 28, Pedro still did not return the
car so I started to worry and texted him about returning the
vehicle. However, I did not receive any reply from the defendant.
At 10:00 pm on the same day, I called the defendant thru mobile
phone. When he answered, I asked him to return the vehicle
already as it is already beyond the renting dates that we agreed
upon. The defendant, meanwhile, said he needs more time as the
 car has flat tires, and he would have it fixed first. Excerpt of our
phone conversation as follows:

Plaintiff: “Pedro, iuli na ang sakyanan kay kutob ra January 27,

2021 ako gitugot hulam nimo. (Pedro, please return the car
because we only agreed to have it rented until January 27,
2021.)”
Defendant: “Jose, kadiot sa lang gyud kay na flattan gyud ang
ligid ako pa pahanginan daan before nako ibalik nimo. (Jose,
please give me some time as the car has flat tires. I will have to
fix this first before I will return the car to you.) (Copy of the text
messages sent and time stamp of call history to the defendant is
attached as Annex C.)

Come February 10, 2021, the defendant still has not returned the
motor vehicle. I demanded from Perdro Cruz the return of the
said car; but the defendant avoided returning the property by
giving one reason or another.

On February 11, 201, I went to their residential house at Lot 128,

Block 5 situated at Abellana St., Suba, Cebu City to personally
pick-up the vehicle. However, my effort went futile as the
respondent was not around. I also did not see my vehicle parked
within their unit’s parking area. I went to their house again on
March 3, 2021, March 12, 2021 and March 30, 2021, but the
defendant never showed up.

By reason of the defendants’ unjustifiable refusal to heed a

plainly just and valid demand/obligation, plaintiff seeks help
from the court to recover the property the plaintiff legally owns
together with the P5, 000.00 rental fee plus interests. Moreover,
the plaintiff suffered mental anguish and sleepless nights for
which it is only proper to condemn defendants to pay him
Php.50, 000.00 by way of moral damages.

Cebu City, Philippines. April 18, 2021.

JOSE TAN
Affiant – Plaintiff
ID No.: ___________________
Issued by: _____________________

SUBSCRIBED AND SWORN, to before me this April 18, 2021 in the

City of Cebu, Philippines. Affiant exhibited to me his sufficient proof of
identity on the place and date above-mentioned.

ATTY. JOY PAJO

NOTARY PUBLIC for Cebu City
 Commission Serial No. 1425252
Until February 3, 2023
Pajo Law Office
Roll of Attorney 082993
IBP No. 15151551/Cebu City
PTR No. 626662/ Province of Cebu
MCLE No. A-72772

Doc. No:_____
Page No:_____
Book No:____
Series of: 2021

ATTESTATION

I, Joy Pajo, of legal age, Filipino, with postal address at North Reclamation
Area, Cebu City, after being duly sworn depose and say:

1. I was the one who conducted the examination of witness Jose Tan
at my aforementioned office.

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

asked and the corresponding answer that the witness gave;

1. 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 18th day of April
2021 at Cebu City, Cebu

__________________________
ATTY. JOY PAJO
Examining Counsel

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for Lapu-Lapu
City Cebu this 18th day of April 2021. Affiant personally came and appeared with
Voter’s ID issued by the COMELEC on June 3, 2019 at Cebu 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.

Doc. No.____;
Page No.____;
Book No.____;
Series of 2021.
 ATTY. ANNE GARCIA
NOTARY PUBLIC for Cebu City
Commission Serial No. 4545453
Until Jan 1, 2024
Garcia Law Office
Roll of Attorney 928833
IBP No. 466464/Cebu City
PTR No. 626655562/ Province of Cebu
MCLE No. B-777