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Republic of the Philippines

Regional Trial Court


th
8 Judicial Region Branch VI
Tacloban City
Carmi Martyn,
representative for Coco Martyn
Plaintiff
32790

Civil Case No.


For: Damages

-versusDr. Vicente Sotto Law School and


Atty. Simon Bir, Atty. Richard Lab
Defendant
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JUDICIAL AFFIDAVIT OF ATTY. LEILA DELIMA
I, ATTY. LEILA DELIMA, 40 years old, married, residing
at Tacloban City, after having been sworn to in accordance
with the law do hereby depose and state:
That Atty. Manuela M. Kilton is the counsel who
conducted and supervised my examination as a witness at
her office at Door 12, Yaokasin Bldg. Rizal Ave. Street,
Tacloban City, Philippines;
That I am answering the questions herein fully
conscious that I do so under oath and that I may be
criminally liable for false testimony or perjury;
PURPOSE: This affidavit / testimony of witness, ATTY. LEILA
DELIMA, is being offered to prove that the defendants gave
an oral promise to the plaintiffs brother, Mr. Coco Martyn,
passing grades for the subjects Taxation I and Labor Law II
respectively without prior agreement or conditions
whatsoever.
Q1: Do you swear to tell the truth and nothing but the
truth?
A1: Yes Maam.

Q2: Please state your name and other personal


circumstances for the record.
A2: I am Atty. Leila Delima, 40 years of age, married and
resides in Tacloban City. I am one of the professors in
Dr. Vicente Law School teaching Criminal Law Review
and a colleague of the defendants.
Q3: Do you personally know the plaintiff?
A3: No Maam, but I personally know her brother, Mr.
Martyn.
Q4: What is your relation to the plaintiffs brother?
A4: He was one of my students in Criminal Law Review.
Q5: What is your knowledge about the defendant-professors
giving Mr. Martyn passing grades in the respective
subjects they handle?
A5: On February 5, 2015, at around 4:30 in the afternoon, I
was in the faculty room together with other professors
including Atty. Lab and Atty. Bir. Mr. Martyn went inside
our room to personally talk to the two professors.
Q6: Where were you exactly when their conversation took
place?
A6: I was seated at my table beside Atty. Labs table,
talking about current news when Mr. Martyn entered the
room.
Q7: What do you remember of the conversation?
A7: At first, Mr. Martyn was a bit hesitant and shy to ask the
two professors about his grades, but eventually asked
about it. He asked if they would be kind enough to give
him a passing mark for Taxation I and Labor Law II since
he has been studying Law for around nine (9) years
already and that his parents would be so happy if he
already graduated that year.
Q8: What did the two professors respond after Mr. Martyns
request?
A8: They both laughed at first. Atty. Bir said eto nalang ba
yung mga bagsak mong grades? (Are these your only
failing grades?).
Mr. Martyn replied in the affirmative and Atty. Lab said
cge na nga ipapasa kana namin, ang tagal mo na dito
eh. Ha ha ha! (Fine, well give you a passing mark
since youve been studying here for so long! Ha ha ha!)
Atty. Bir also added sige dahil mabait kami bibigyan
kana namin ng tres dahil ang sipag mong mag-aral. Ha

ha ha! (Since we are so nice, well give you a grade of


3 because you are such a diligent student! Ha ha ha!)
Mr. Martyn even asked them if they were not kidding
about it. The two professors nodded and said yes, that
they were serious about it.

Q9: What happened after this?


A9: Mr. Martyn got so excited about the good news that he
even hugged both the professors and thanked them at
least three times.
Q10: Okay. What happened after this?
A10: I even gave a comment to Mr. Martyn saying o isama
mo kami sa graduation party mo ha! At mag take kana
rin ng BAR exam this year. You should also top the BAR
kasi nine (9) years kang nag-aral dito! (You should
invite us to your graduation party. Take the BAR exam
this year. You should also top the BAR because youve
been studying here for nine (9) years!)
Mr. Martyn laughed and said sana nga po, Maam!
Thank you po! (Hopefully, Maam! Thank you!)
Q11: And then, what happened after?
A11: Mr. Martyn went out of the room. I commented to the
two ang bait nyo ha! Kung ako yun di ko bibigyan ng
grade yun ng libre! (You two are so nice! If that were
me, I wouldnt give him a passing grade for free!)
Atty. Lab replied hayaan mo na, nakakaawa eh, ang
tagal na niya dito. Pagbutihan na lang niya sa BAR!
(Let it go. I pity him. Hes been here too long. I just
hope he does well in the BAR!)
Q12: What happened next?
A12: All of us professors went back to what we were doing
before Mr. Martyn came to our office. Some of the
professors prepared for their classes, the others left.
Q13:
A13:

Do you have anything else to say, Atty Delima?


No more, Maam.

IN WITNESS WHEREOF, I have hereunto affixed my


signature this 12th day of March 2016 at Tacloban City,
Philippines.

Leila L. Delima

ATTY. LEILA DELIMA


Affiant

SUBSCRIBED AND SWORN to before me, a notary public


of Tacloban City on this 12th day of March 2016, affiant
personally came and appeared before me, exhibiting her

Passport No. 093462 issued on April 15, 2014 at Tacloban


City, known to me and avowed under penalty of law to the
whole truth of the contents of said instrument.

Julia C. Romualdez
Atty. Julia C.
Romualdez
NOTARY PUBLIC
Until December 31, 2016
PTR No. 050183/Baguio City/01-11-16
Roll of Atty. No. 8121983
IBP Lifetime Membership No. 9031984
Tacloban City
Doc. No. 28
Page No. 04
Book No. 06
Series of 2016.

ATTESTATION OF LEGAL COUNSEL


I, JULIA C. ROMUALDEZ, Asst. Provincial Prosecutor,
Detailed PPO-Tacloban City, Leyte, after having been sworn
to in accordance with the law do hereby depose and say:
1. That I have faithfully recorded or caused to be
recorded
the
questions
I
asked
and
the
corresponding answers that witness, Atty. Leila
Delima, gave;
2. That I have not, nor any other person present or
assisting coached the witness regarding the witness
answers; and
3. That I fully understand that any false attestation shall
subject me to disciplinary action, including
disbarment.
IN WITNESS WHEREOF, I have hereunto affixed my
signature this 12th day of March 2016 at Tacloban City,
Philippines.

Manuela Kilton

ATTY. MANUELA M. KILTON


Counsel for Plaintiff
31 Burgos Street, Tacloban City
PTR No. 050183/Tacloban City/01-11-16
Roll of Atty. No. 8121983
IBP Lifetime Membership No. 9031984
Both issued in Tacloban City
MCLE Compliance V005374
Issued on January 11, 2016

SUBSCRIBED AND SWORN to before me this 12th day of


March 2016 at Tacloban City, Philippines.

Julia C. Romualdez
Atty. Julia C.
Romualdez
NOTARY PUBLIC
Until December 31, 2016
PTR No. 050183/Baguio City/01-11-16
Roll of Atty. No. 8121983
IBP Lifetime Membership No. 9031984
Tacloban City
Doc. No. 28
Page No. 04
Book No. 06
Series of 2016.