Republic of the Philippines

REGIONAL TRIAL COURT

5th Judicial Region
Branch 27, Naga City

CAMALIG BANK INC represented by

ARNOLD A. AJERO ET.AL
Plaintiff,

- versus - Civil Case 2017-0015

POLARPLUS INC represented by

President DENNIS C. TAN
Defendant

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JUDICIAL AFFIDAVIT

I, CHARLIE R. SANTIAGO, of legal age, Filipino, married, a resident of and

with post office address at Zone 3, Irayang Solong, Minalabac, Camarines Sur, am
testifying in the above entitled case, and, fully conscious and aware that I answer
the questions propounded under oath and may thus be held criminally liable for
false testimony or perjury, under oath, hereby depose and state:

Q1 - Who is the lawyer conducting this examination and please state the
place where this examination is being conducted?
A - Atty. Eloisa Arzy C. Amparo, and the examination is being held at 2/F
Deca Corporate Center, Panganiban Drive, Naga City.

Q2 - In what manner has Atty. Amparo conducted the examination, as

regards the questions asked and the answers you gave?
A - Atty. Amparo has encoded in her laptop computer the questions she
prepared, read them to me, and asked me to answer each and every question she
asks.

Q3 - Is there anyone else present while the examination is being

conducted?
A - None Ma’am.

Q4 - Please state your name and personal circumstances.

A - I am Charlie R. Santiago, 60 years old, Filipino, married, a resident of
and with post office address at Zone 3 Irayang Solong, Minalabac, Camarines Sur.

Q5 - Why are you here today?

A - I am here to testify in the case filed by Camalig Bank Inc against

Polarplus Inc.

Q6 - Do you know plaintiff Camalig Bank?

A - Yes, Ma’am. It is the bank which is adjacent to Polarplus located at

San Jose, Milaor, Camarines Sur.

Q7 - Do you know defendant Polarplus?

A - Yes, Ma’am. It is the owner of the building and the iceplant which
Engr Victorino R. Ojeda II supervised and I was the foreman during its
construction.

Q8 - You said that you are the foreman during the construction of the
Polarplus building, what were your duties as foreman?

A - I am the one directly supervising the skilled workers and laborers so

that their work will conform with the instruction given to me by Engr Ojeda. I am
also the one assigning the laborers of what they will do for the day and check
whether they were doing the work as ordered by Engr Ojeda. I am likewise
updating and reporting to Engr Ojeda of the work progress in the site.

Q9 - How long have you been working as a foreman with Engr Ojeda?

A - For some twelve years already.

Q10 - You said that you are to testify with regard to the case of Camalig
Bank as against Polarplus, how were you able to know of this case?

A - Engr Ojeda told me of this case because according to him Camalig

Bank, in its complaint, was complaining about the damages it suffered when
construction and excavation activities of Polarplus warehouse started, that cracks
allegedly began to appear and continued to worsen as noticed by Camalig Bank’s
employees.

Q11 - What can you say about this, Sir?

A - That is not true.

Q12 - Why do you say that it is not true?

A- Because, Ma’am, prior to our excavation activities, I personally
noticed that the building of Camalig is already tilted towards Polarplus’ side. Also,
I saw that even their front door cannot be closed properly because it was already
uneven or not level to the building. I have also seen that Camalig’s building
already had cracks even before we started the project.

Q13 - How can you say that it is already tilted towards Polarplus’ side?

A- This is so because the rainwater which has been running on their roof
deck flows on Polarplus’ side and this is already outside of their property line.
Meaning to say, the water should have flowed on the other side or in front, and,
not on Polarplus side. But because Camalig Bank’s building is already tilted, the
tendency is that the water will flow on Polarplus, especially at Polarplus’ fence.

Q14 - Aside from that, how else can you say that it was tilted already?

A- Everytime I pass by, I saw that their roll-up was already not leveled.
Just by looking at the structure, Ma’am, I can tell that it is already tilted because
their beam in front was not aligned. The right side was higher than the left side.

Q15 - When you constructed the Polarplus building, where did you
excavate first?

A- We started from the back of the property, and that is more or less 38
meters far from the entrance of Camalig Bank. And when we started excavation
at the back, I have already seen that the Camalig Bank building was already tilted,
because of the rainwater that flows on Polarplus’ side.

Q16 - What else can you say about Camalig Bank’s allegation?

A- It is very impossible that our construction of Polarplus caused the

damage to their building because when we excavated and dug our posts and
foundation, the depth of which were more or less 3.5 meters, it is our standard
operating procedure that we install “shoring”.

Q17 - What is this shoring, Sir?

A- It is a process by which we excavate manually or by using a backhoe,

but we make sure that the soil from the bank’s side will not erode by not digging
first 50 cm from the boundary line of Camalig and Polarplus. Then, in between the
50 cm and boundary line, we immediately put coco lumber, used galvanized iron
sheets and plywood. We actually did manual digging while we were putting the
sheet piles and plywood while the backhoe pushed the coco lumber to the soil.

Q18 - Why did you install shoring?

A- This is the instruction of Engr Ojeda especially when the footing or
post is adjacent to another building post. This is also to prevent the soil from
erosion and falling to the side where we dig.

Q19 - What did you observe and/ or see when you have dug your posts?

A- Actually Ma’am, when we dug our posts, I saw the steel mattings
which were supposed to be inside the two footings of Camalig Bank Inc building
and I measured it to be only about 1.5 meters deep. This means that these steel
mattings were not poured with concrete. I can explain it further using this “As
Built Ice Plant” Engr Ojeda prepared for submission with the building officials of
Milaor.

Q20 - I am marking this “As Built Ice Plant” as Exhibit “17” will you please
confirm my action?

A- Yes, Ma’am.

Q21 - In this Exhibit 17, where are those footing you are referring to where
you said that the footings of Camalig is only 1.5 meters deep?

A- Here Ma’am.

Q22 - I am marking these points as Exhibit “17-a” and Exhibit “17-b”will

you please confirm my action?

A- Yes, Ma’am.

Q23 - Based on what you saw, what can you say about these certain
footings marked as Exhibit 17-a and Exhibit 17-b, Sir?

A- I saw that they are very shallow to carry the capacity of a building,
Ma’am. Because its depth is only the same as the depth of the fence of Polarplus.

Q24 - Where is then footing of Polarplus?

A- Near the footing of Camalig which you marked as Exhibit 17-a and
Exhibit 17-b.

Q25 - How deep then were the footings of Polarplus?

A- They were about 3.5meters deep, Ma’am.

Q26 - Why did you dig up to 3.5 meters deep?

A- It was the instruction of Engr Ojeda that we should not stop digging
until we found the hardest part of the soil. And Engr Ojeda will have to check it
before we pour concrete. Also, I know that the soil in Milaor is loose and watery
because the place is always flooded.
Q27 - I now ask you to go over the questions and answers now appearing
on the screen of this laptop computer, and tell me if the answers you gave had
been faithfully encoded in the computer. If so, are you willing to sign this Judicial
Affidavit to attest to the truth of all the answers thereon written?

A - Yes, ma’am

In witness whereof, I here sign my name this October 7, 2022 at Naga City,
Philippines.

CHARLIE R. SANTIAGO

Subscribed and sworn to before me this October 7, 2022 at Naga City

Philippines, affiant exhibiting to me his Senior Citizen ID No. 8332 and I hereby
certify that I have personally examined the affiant and I am satisfied that she has
knowingly and voluntarily executed this Judicial Affidavit and understood his
statements.

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Book no_____
Series of 2022

LAWYER’S ATTESTATION

I, Atty. Eloisa Arzy C. Amparo, under my own oath as a lawyer hereby attest
that I conducted the examination of the witness, that I have faithfully recorded
the questions I asked and the corresponding answers that the witness gave, and
that neither I nor any other person, then present or assisting me coached the
witness regarding his answers.

ELOISA ARZY C. AMPARO