JUDICIAL AFFIDAVIT (Marcojos)

REPUBLIC OF THE PHILIPPINES
MUNICIPAL TRIAL COURT

10th Judicial Region
Branch
Cagayan de Oro City
OBLENDA C. MARCOJOS, Civil Case No.

Plaintiff,
-versus- For: Torts and Damages
SPOUSES REYNALDO B.
CULLAMAR and ANNALIE
M. CULLAMAR,
Defendants.
x-----------------------------------------/
JUDICIAL AFFIDAVIT OF PLAINTIFF OBLENDA C. MARCOJOS

I, Oblenda C. Marcojos, of legal age, married, Filipino citizen, with
residence address at Zone 9, Patag, Cagayan de Oro City 9000, Misamis
Oriental, state under oath as follows:
PRELIMINARY STATEMENT
The person examining me is Atty. Edward Rey Ebao Sasam, with
address at Door 7, 4C’s Flats, 9-29 St., Brgy. Nazareth, Cagayan de Oro
City. The examination is being held at Zone 3, Camp Evangelista, Patag,
Cagayan de Oro City. To the best of my personal knowledge, belief, basing
on authentic records available, 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 Oblenda C. Marcojos is being

offered to prove the following that:
1.) Defendants committed acts prejudicial to her business during their
employment.
2.) Defendants instigated the other employees to stop working in the
business of the plaintiff.
3.) Defendants suddenly and without prior notice, ceased to report to
their respective duties which cause damage and prejudice to the
plaintiff’s business.
4.) She will authenticate her judicial affidavit.
Judicial Affidavit of the Plaintiff in Marcojos vs. Cullamar Page 1

5.) She will also testify on other matters that are relevant to this case.
Legend: Q – Question
A – Answer
1.) Q. Please state your name and other personal circumstances for the
record.
A. I am Oblenda C. Marcojos, of legal age, married, Filipino citizen,

residing at Zone 9, Patag, Cagayan de Oro City.
2.) Q. Are you willing to tell the truth, nothing but the truth in this case?
A. Yes sir.
3.) Q. Why are you executing this affidavit?
A. I am here to give a sworn statement by way of judicial affidavit,

the same to constitute as my direct testimony in the above-
captioned case.
4.) Q. Do you know herein defendants?
A. Yes sir. Defendant Reynaldo B. Cullamar (Reynaldo) is my

sibling, and defendant Annalie M. Cullamar (Annalie) is his wife
as well as my sister-in-law.
5.) Q. Why are you filing this case against herein defendants?
A. I am filing this case against them because of their prejudicial acts

which caused damages and losses to my business.
6.) Q. What is this business that you are referring to?
A. It is the “Darb’s Bakeshop, Bulaluan & Xerox Copier” which I

owned.
7.) Q. Where was the said business located?
A. It is located at Patag, Cagayan de Oro City.
8.) Q. So the defendants are your employees in your business?

A. Yes sir.
9.) Q. What are the respective positions/duties of the defendants in your

business?
A. Defendant Annalie worked in my bakeshop, and defendant

Reynaldo worked in my Bulaloan, which was established later than
the bakeshop.
10.) Q. Can you state some circumstances regarding the genesis of this
controversy between you and the defendants?
A. It started when I let Reynaldo live with me at my residence

address.
11.) Q. When was that?
A. It was in the year 1988.
12.) Q. Did Reynaldo stay with you throughout the year during that time?
A. No sir.
13.) Q. What was the frequency of their stay at your residence?
A. Usually, Reynaldo and Annalie would go back to their hometown

in Zamboanga del Sur to give birth. And after a few months, they
would return to my residence.
14.) Q. What would they do when they were staying with you?
A. They would help here and there so that they would earn a living for
their daily needs.
15.) Q. Did you expect them to stay long at your residence?
A. No sir. But since they are family and they had no stable income, I
pitied them and let them stay.

16.) Q. What was your source of income at that time?
A. I already have small businesses at that time like selling different

delicacies such as grilled corn and bananas.
17.) Q. Why did Reynaldo started living with you at that time?
A. It was due to the fact that he does not have any job wherein he can
derive income for his sustenance, more so because he is my
sibling.
18.) Q. You mean to say that you provided for the sustenance of Reynaldo
at that time?
A. Yes sir, since he is my sibling.
19.) Q. Aside from selling the aforementioned delicacies, what other

business did you have?
A. I was able to purchase one (1) unit of photocopier machine in the

year 1999, to start my photocopier business.
20.) Q. Did you let Reynaldo assist you in your businesses at that time?
A. Only in the photocopy business when I let him operate the said
photocopier machine, but only for a very short period of time.
21.) Q. Why did Reynaldo operated the said photocopier momentarily?
A. It was because he did not have good temper towards our

customers.
22.) Q. So who operated the said photocopier machine then?
A. It was I who operated the same.
23.) Q. Did the said photocopier business prospered?
A. Yes sir. In fact, I was able to purchase another photocopier

machine in the year 2000.

24.) Q. This time, did you let Reynaldo operate the said second
photocopier machine?
A. No sir, I hired another person.
25.) Q. Why is that?
A. It was for the same reason that he did not have good temper
towards our customers.
26.) Q. What happened next?
A. There was this time when Reynaldo approached me to ask for

some favor.
27.) Q. What was that favor he is asking?
A. Reynaldo asked me to financially assist him since he will take the

Licensure Examination for Teachers (LET) at that time.
28.) Q. Did you help him?
A. Yes sir, since I want my sibling to have a better future, with the
condition that he will assist me in my business.
29.) Q. Did Reynaldo passed the LET examination?
A. No sir, despite having taken the said exam for three (3) to four (4)
times.
30.) Q. What did you do then?
A. I just then financially assisted him in taking the Civil Service

Examination (CSE).
31.) Q. Did he pass?
A. No sir.
32.) Q. So Reynaldo still was not able to find another employment aside
from his assistance to your business?

A. Yes sir, but he tried to find a job in Cebu city thereafter.
33.) Q. Was he able to find a job then?
A. Yes sir, but he was not able to maintain his employment in Cebu
city.
34.) Q. So he went back to live with you and once again assist you in your
business?
A. Yes sir.
35.) Q. When did Reynaldo met defendant Annalie?
A. As far as I can remember, they met each other after Reynaldo went
home from Cebu city, the time when he was once again assisting
me in my business.
36.) Q. What was their relationship at that time?
A. They entered into a romantic relationship and decided to live with

each other.
37.) Q. Where did they live?
A. They lived under me.
38.) Q. So you basically provided for food and shelter for Reynaldo and
Annalie?
A. Yes sir.
39.) Q. Why did you continue in supporting them?
A. It was because they were able to somehow assist me in my

business.
40.) Q. Did Reynaldo and Annalie have children?
A. Yes sir. They subsequently had two (2) children.
41.) Q. Did they continue to live with you?

A. Yes sir. But there was this time when Reynaldo and Annalie left.
Reynaldo went to Saudi Arabia and Annalie was with my mother
at her hometown for 2 years relying on my financial assistance for
her basic and daily expenses.
42.) Q. Where have they gone to?
A. After Reynaldo came home from Saudi Arabia, the spouses went
to the hometown of Annalie in Bukidnon.
43.) Q. Why did they left?
A. It was because they have decided to start farming corn and bingala.
44.) Q. Did they ask you for any assistance while they were farming?
A. Yes sir. They asked for money to buy “Abono” and pesticides.
45.) Q. Did they ask for anything else?
A. Yes sir. They also asked for financial assistance with their Falcata
Farm.
46.) Q. When did this happen?
A. Reynaldo went to Saudi Arabia from 2009 to 2011 and they started
farming from 2011 to 2014.
47.) Q. So Reynaldo and Annalie no longer asked financial support from

you?
A. No sir. I still provided some financial assistance to them.
A. Since their income in their farming was still not sufficient for the
sustenance of their family.

A. In the year 2014, I entered into an agreement with Reynaldo and
Annalie, wherein I shall finance the planting of Falcata trees in the
land owned by the parents of Annalie.
50.) Q. Were you able to fulfill your part of the agreement?
A. Yes sir.
51.) Q. I am showing to you a document pre marked as Exhibit F, F-1 to

F-2, what is the relevance of this document?
A. That is the agreement I mentioned above.
52.) Q. What happened then?
A. Reynaldo and Annalie then returned to live with me.
53.) Q. Did they once again assisted you in your business?
A. Yes sir, they assisted me in my eatery business.
54.) Q. What did Reynaldo and Annalie do thereafter?
A. They borrowed money from me for the capital of the “Balut”

business that they were planning to establish at that time.
55.) Q. By the time that Reynaldo and Annalie already have their “Balut”
business, did they continue to live with you?
A. No sir.
A. I helped them find a boarding house for them to live separately. I

even lend another separate amount to Annalie as capital for her
“Sari-sari store” business.
57.) Q. Did the businesses of the defendants prosper?
A. No sir.

A. I opened my bakeshop (Darb’s Bakeshop) in the year 2016,
wherein I let Annalie assist in the operation of the same.
59.) Q. Do you have business permit of your bakeshop?
A. Yes.
60.) Q. I am showing to you a document pre marked as Exhibit -A, what is

it?
A. It is the proof of the existence of my bakeshop.
61.) Q. When was your Bulaloan business established?
A. It was established sometime in January 2018.
62.) Q. I am showing to you a document pre marked as Exhibit-B, what is

it?
A. It is the business permit for the Bulaloan Eatery.
63.) Q. What motivated you to establish the said Bulaloan as an addition to

your bakeshop business?
A. Aside from the additional income, it was also due to the fact that
defendant Reynaldo does not have any employment at that time,
and that Annalie was always complaining to him regarding the
same.
64.) Q. So you hired Reynaldo to manage the said Bulaloan business?
A. Yes sir.
65.) Q. How was the performance of Reynaldo in his duties?
A. It is quite difficult to handle Reynaldo’s attitude since he does not

positively take criticisms and corrections.
66.) Q. In what instance did Reynaldo manifested this attitude of him?

A. There were times when he is being talked to, he just walks away
and refused to continue his work, which caused prejudice to my
business.
67.) Q. How many timed did Reynaldo committed the said acts?
A. He committed the same several times.
68.) Q. Since the prejudicial acts of Reynaldo has been recurring, did you
consider in terminating his employment?
A. I have thought of it, but I decided to extend further my patience

and compassion to him since he is my sibling, and that his
employment under me was his only source of income back then.
69.) Q. So Reynaldo continued to work in your Bulaloan business for

several years?
A. No sir.
A. He was not able to stay in the Bulaloan business for a year since he
voluntarily stopped for the reason that he found it burdensome to
wash the huge cauldrons.
71.) Q. After being employed in your Bulaloan business, where did

Reynaldo work?
A. I still hired him to do some carpentry works whenever needed, and

that I even rehired him to work under my eatery business.
72.) Q. What was Reynaldo’s specific duty under your eatery business?
A. He was the one tasked to cook the viands.
73.) Q. This time around, did Reynaldo perform his duties well?
A. Not satisfactorily sir.

A. It was because his cooking in not so good that we have
experienced decline in the number of our customers
75.) Q. Was Reynaldo always present in performing his duties?
A. No sir. There were times when he would not report on duty just so
to accompany his wife in going to the market. Despite the fact that
Annalie could manage the same on her own.
76.) Q. What time of the day did Reynaldo work in the said eatery
business?
A. He only worked from 6:00 AM to 11:00 AM.
A. On October 2, 2021, Reynaldo suddenly shouted at me saying that

if I don’t hire additional employees, he will leave immediately.
78.) Q. Where did this happen?
A. It happened in my place of business and was even witnessed by the

other employees.
79.) Q. Were there not enough employees in your eatery business?
A. There is an enough number of employees sir, it’s just that

compared to the times when there was still no COVID-19
Pandemic, I have more employees.
80.) Q. Why did you have fewer employees then?
A. It was because I needed to retrench some of my employees due to

the very low income of my business, as caused by the Pandemic.
81.) Q. What did Reynaldo do thereafter?
A. Reynaldo, together with Annalie then tried to convince my other

employees to leave and file a complaint before the Department of
Labor and Employment (DOLE);

82.) Q. Did the defendants able to convince your employees to stop
working?
A. Yes sir, he was able to convince some employees, specifically

Maria Luisa R. Fontilar and Regine Bernados.
A. Defendants together with some of the employees that they were

able to convince suddenly stopped working without any prior
notice to me.
84.) Q. Were you still able to continue your business?
A. Yes sir. However, the said acts of the defendants caused a serious
disruption of my business which lead to profit losses.
85.) Q. Who replaced them in their duties/positions?
A. I was then forced to replace them primarily in performing the

vacant positions that they left.
86.) Q. Did they file a complaint against you before the DOLE?
A. Yes sir.
87.) Q. Did the plan file case against you before DOLE materialized?
A. Yes.
88.) Q. I am showing to you a document pre marked as Exhibit C,

Exhibit D to D-1, what is this?
A. That is the proof of their case against me?
89.) Q. What happened to the case?
A. There was no decision yet.
90.) Q. Did you have any idea on why did the defendants done this to you
and your business?

A. I also found out that the reason Reynaldo has in suddenly ceasing
his employment under me was that they intend to establish another
“Bulaloan” in barangay Mambuaya, using the same recipe as that
of my own “Bulaloan”.
91.) Q. What are the other prejudicial acts of the defendants as against
your business?
A. I also found out that Annalie have spread rumors that one of my
employees in my bakeshop have hepatitis (HEPA), causing for the
serious decline of the number of my customers.
92.) Q. What are you feeling right now on the acts of the defendants?
A. I was dismayed by the acts of the defendants because after I helped

them by giving them employment in my business this is what they
respond to me. I even experienced mental anguish, serious anxiety,
and sleepless nights in dealing with the malicious case they filed
against me and in managing my business.
93.) Q. Did you try to settle your differences with your sibling?
A. Yes, I filed a case before the Barangay to give them the chance to
settle everything once and for all.
94.) Q. What happened?
A. Still we have not come to terms.
A. Because they are anticipating for a favorable decision on the case

they filed against me, to be used by them as a start-up capital.
96.) Q. I am showing to you a document pre marked as Exhibit E, what is

this?
B. That is the proof the earnest effort I exert to settle with my brother?
97.) Q. Do you have anything more to say?

A. Yes, sir, I just like to express that despite my sacrifices and help
for them, they have to guts to destroy my business by spreading
false rumors adding to the fact that defendant’s act of persuading
employees to get out from their employment without prior notice
from me, has truly brought me untold hardships on my business as
well as uncalculated losses.
98.) Q. Are you willing to sign this judicial affidavit to convey your
concurrence?
A. Yes sir, I am willing.
IN WITNESS WHEREOF, I have hereunto set my hand this 19th

day of August 2022, at Cagayan de Oro City, Philippines.
OBLENDA C. MARCOJOS
Plaintiff
SUBSCRIBED AND SWORN TO BEFORE ME, this 19th day of

August 2022, exhibiting her UMID with No. CRN-0010-0247401-5, bearing
her photo 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. 416 ATTY. DEXTER BAQUIANO PRECIOSO

NOTARY PUBLIC
Page No. 84 Notarial Commission Until December 31, 2021
Roll No.62701; TIN No.452-664-622-000.Mis.Or.
Book No. 40 IBP OR No.141827; Dated, Jan. 27.2021
PTR No. 0712588; Dated, Jan. 22, 2021.Cag.de Oro
Series of 2022 MCLE Compliance No.VII-0000848; Sept. 4, 2019
Zone 3, Patag, Camp Evangelista, Cag.de Oro City
Pursuant to Supreme Court Resolution, October 26, 2021
Re: B.M. No. 3795. September 28, 2021
S.C. Resolution dated July 5, 2022
ATTESTATION
I, Atty. Edward Rey Ebao Sasam, of legal age, single, Filipino
citizen, with postal address at Door 7, 4C’s Flats, 9-29 St., Brgy. Nazareth,
Cagayan de Oro City, Misamis Oriental, Philippines, the examination is
conducted at the said Office address, after being duly sworn depose and say:
1. I was the one who conducted the examination of the plaintiff Oblenda
C. Marcojos at the abovementioned office address;

2. I have faithfully recorded or caused to be recorded the questions I
asked and the corresponding answer that the plaintiff gave; and
3. I did not know any other person then present or assisting her or
coached the witness regarding her answers.
IN WITNESS WHEREOF, I have hereunto set my hand this 19 th day
of August 2022 at Cagayan de Oro City, Philippines.
ATTY. EDWARD REY EBAO SASAM

Affiant
SUBSCRIBE AND SWORN TO BEFORE ME, a notary public in

and for Cagayan de Oro City, Philippines, this 19 th day of August 2022
affiant personally came and appeared with his IBP ID, Roll No. 81955,
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. 423 ATTY. DEXTER BAQUIANO PRECIOSO

NOTARY PUBLIC
Page No. 85 Notarial Commission Until December 31, 2021
Roll No.62701; TIN No.452-664-622-000.Mis.Or.
Book No. 40 IBP OR No.141827; Dated, Jan. 27.2021
Series of 2022 PTR No. 0712588; Dated, Jan. 22, 2021.Cag.de Oro
MCLE Compliance No.VII-0000848; Sept. 4, 2019
Zone 3, Patag, Camp Evangelista, Cag.de Oro City
Pursuant to Supreme Court Resolution, October 26, 2021
Re: B.M. No. 3795. September 28, 2021
S.C. Resolution dated July 5, 2022
Copy furnished:
MUNICIPAL TRIAL COURT

Clerk of Court Branch No.
Cagayan de Oro City
SPOUSES REYNALDO B. CULLAMAR &

ANNALIE M. CULLAMAR
Defendants
#001, Zone 4, Camp Evangelista, Patag,
Cagayan de Oro City 9000

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REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT

OBLENDA C. MARCOJOS, Civil Case No.

-versus- For: Torts and Damages

JUDICIAL AFFIDAVIT OF PLAINTIFF OBLENDA C. MARCOJOS

PURPOSE: This affidavit/testimony of Oblenda C. Marcojos is being

Judicial Affidavit of the Plaintiff in Marcojos vs. Cullamar Page 1

A. I am Oblenda C. Marcojos, of legal age, married, Filipino citizen,

3.) Q. Why are you executing this affidavit?

A. I am here to give a sworn statement by way of judicial affidavit,

4.) Q. Do you know herein defendants?

A. Yes sir. Defendant Reynaldo B. Cullamar (Reynaldo) is my

A. I am filing this case against them because of their prejudicial acts

6.) Q. What is this business that you are referring to?

A. It is the “Darb’s Bakeshop, Bulaluan & Xerox Copier” which I

7.) Q. Where was the said business located?

A. It is located at Patag, Cagayan de Oro City.

8.) Q. So the defendants are your employees in your business?

Judicial Affidavit of the Plaintiff in Marcojos vs. Cullamar Page 2

9.) Q. What are the respective positions/duties of the defendants in your

A. Defendant Annalie worked in my bakeshop, and defendant

A. It started when I let Reynaldo live with me at my residence

11.) Q. When was that?

A. It was in the year 1988.

13.) Q. What was the frequency of their stay at your residence?

A. Usually, Reynaldo and Annalie would go back to their hometown

15.) Q. Did you expect them to stay long at your residence?

Judicial Affidavit of the Plaintiff in Marcojos vs. Cullamar Page 3

A. I already have small businesses at that time like selling different

A. Yes sir, since he is my sibling.

19.) Q. Aside from selling the aforementioned delicacies, what other

A. I was able to purchase one (1) unit of photocopier machine in the

21.) Q. Why did Reynaldo operated the said photocopier momentarily?

A. It was because he did not have good temper towards our

22.) Q. So who operated the said photocopier machine then?

A. It was I who operated the same.

23.) Q. Did the said photocopier business prospered?

A. Yes sir. In fact, I was able to purchase another photocopier

Judicial Affidavit of the Plaintiff in Marcojos vs. Cullamar Page 4

A. No sir, I hired another person.

25.) Q. Why is that?

26.) Q. What happened next?

A. There was this time when Reynaldo approached me to ask for

27.) Q. What was that favor he is asking?

A. Reynaldo asked me to financially assist him since he will take the

28.) Q. Did you help him?

29.) Q. Did Reynaldo passed the LET examination?

30.) Q. What did you do then?

A. I just then financially assisted him in taking the Civil Service

31.) Q. Did he pass?

Judicial Affidavit of the Plaintiff in Marcojos vs. Cullamar Page 5

33.) Q. Was he able to find a job then?

35.) Q. When did Reynaldo met defendant Annalie?

36.) Q. What was their relationship at that time?

A. They entered into a romantic relationship and decided to live with

37.) Q. Where did they live?

A. They lived under me.