REPUBLIC OF THE PHILIPPINES

REGIONALTRIALCOURT OF BATANGAS
FOURTH JUDICIAL REGION
BRANCH_____
BATANGAS CITY
REBECCA Z. BELO,
Plaintiff.
Civil Case No.____________
--versus-For Rescission of Contract
with Damages
FRIDA Y. CALAYAN,
Defendant.
x------------------------------------------x

JUDICIAL AFFIDAVIT
(OF FRIDA Y. CALAYAN)
PRELIMINARY STATEMENT
I am FRIDA Y. CALAYAN, of legal age, Filipino, and resident of 678
Rizal St., Lipa City.
The person questioning me is Atty. Dexter Jonas Lumanglas, with
office address at Sta. Rita, Batangas City. The interrogation is being held in
Batangas City.
I am answering his questions fully conscious that I do so under oath
and may face criminal liability for false testimony and perjury.
I, under oath, submit the following answers to the questions
propounded to me, to wit:
1. Q:

What kind of business are you engaged in?

A: My company is a distributor of dermatology supplies and

equipment.

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2. Q: How did you come to know the plaintiff in this case?

A: We met before in a dermatology convention and sometime in
September 2013 she called me because she wanted to buy a laser
slimming machine.
3. Q:
Did you sell to her the laser slimming machine that she
wanted to buy?
A: Yes, we came to an agreement that she would buy a laser
slimming machine from my company.
4. Q:

What happened after you reached an agreement?

A: We signed a contract on October 1, 2013 in Batangas City for the

sale of the laser slimming machine.
5. Q:
Can you please tell me the terms of the sale as contained
in that contract?
A: She agreed to buy a laser slimming machine for the price Two
Million Five Hundred Thousand Pesos. She would pay a down
payment of One Million Pesos and pay the rest of the purchase
price after I deliver the laser slimming machine to her clinic in
Batangas City.
6. Q: Did she pay the down payment?
A: Yes. She issued to me a check for One Million Pesos on October
3, 2013 and I promised to deliver the laser slimming machine
within seven days thereafter.
7. Q: Were you able to deliver the laser slimming machine?
A: No. We were already packing the laser slimming machine when
she called our store and informed my secretary to cancel the
delivery of the machine.
8. Q:

Did she say why she cancelled the delivery?

A: She was claiming that the machine we were about to deliver was
not brand new as per our agreement in the contract.
9. Q:

Was the machine brand new?

A: Yes, although it had already been previously unpacked for testing

and used as a display in our store for a short time only.
10. Q: How long was it used as a display?
A: Two weeks only.
11. Q: What happened after she refused the delivery?
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A: I insisted that she accept the delivery and pay me the balance of
the purchase price.
12. Q: What happened then?
A: She demanded that I replace the laser slimming machine that she
ordered with one that is a higher model and costs Five Hundred
Thousand Pesos more but insists that she would only pay an
additional Three Hundred Thousand Pesos because, she said, the
whole thing was my fault.

FRIDA Y. CALAYAN
Affiant

SUBSCRIBED AND SWORN TO before me this 16 st day of June

2015 at Batangas City affiant having exhibited to me her CTC No. 765243
issued on 03 January 2015 at Batangas City.

EDXTRJONASLUMG
Notary Public
Attorneys Roll No.: 78534
IBP No.: 6753401/04/10
PTR No.: 8743501/04/10
MCLE Compliance No.: IV0002103
Doc. No. 4
Page No. 46
Book No. VI
Series of 2015

ATTESTATION

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I hereby state, under oath, that I faithfully recorded the questions I

asked and the corresponding answers that the witness gave and that neither I
nor any other person present or assisting me has coached the witness
regarding the latters statement.

DEXTER JONAS LUMANGLAS

SUBSCRIBED AND SWORN TO before me this 16th day of June

2015 at Batangas City affiant having exhibited to me his Drivers License
with No. N11-56-673219 issued on 02 March 2015 at Batangas City.

SEBASTIAN P. ARTADI
Notary Public
Attorneys Roll No.: 34768
IBP No.: 76256-01/03/10
PTR No.: 98782-01/03/03
MCLE Compliance No.: IV-0001120
Doc. No. 10
Page No. 34
Book No. V
Series of 2015

Copy Furnished:
REY DANIEL S. ACEDILLO
Counsel for the Plaintiff
069 M.H. Del Pilar St.
Batangas City

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