Sei sulla pagina 1di 3

Republic of the Philippines

METROPOLITAN TRIAL COURT


National Capital Judicial Region
City of Manila
Branch ___
ALVIN MARQUEZ
Plaintiff,

- versus -

CIVIL CASE NO. CV-10-0729


FOR: Unlawful Detainer

ACM CORPORATION AND ROVEN TRIAS,


Defendants.
x- - - - -- - - - - - - - - - - - - - - - - - - x
JUDICIAL AFFIDAVIT
(Pursuant to SC A.M. No. 12-8-8-SC)
I, ALVIN MARQUEZ, of legal age, single, Filipino, residing at 710 Sto. Tomas St.,
Malate Manila and working as a government employee after having been duly sworn to in
accordance with law in answer to the questions asked of me by Atty. Celestine Marcial in her
office at 34 Balingasa St., Balintawak, Quezon City, on April 30, 2014 at 11:00 A.M. fully
conscious that I do so under oath and that I may face criminal liability for false testimony or
perjury hereby depose and state:
Q: How are you related to ALVIN MARQUEZ, the plaintiff in Civil Case No. 10-0729
before the Metropolitan Trial Court of Manila for Unlawful Detainer against ACM
Corporation and Roven Trias?
A: I am the same.
Q: Do you know defendant ACM Corporation?
A: Yes. ACM Corporation is the lessee occupying the subject property since April 1, 2012
which I own described under TCT No. 729610 of the Registry of Deeds of Quezon City. A
certified true copy of the said TCT is Exhibit -A.
Q: Do you know defendant Roven Trias?
A: Yes, defendant Roven Trias subleased the same property being leased by ACM
Corporation with my consent.
Q: How did the defendant ACM Corporation was able to occupy your subject property?
A: ACM Corporation and I executed a Contract of lease for a period of 2 years from April 1,
2012 to March 31, 2014 which is Exhibit B.
Q: How did the defendant Roven Trias was able to occupy your subject property?
A: Defendant Trias have possessed my property as a sub-lessee and used it for his business.
Q: What did you do after defendants failure to voluntarily vacate the occupied property upon
expiration of the agreed lease period?
A: Prior to the expiration of the contract, I visited and informed both the defendants that the
contract is soon expiring and both defendants agreed that there would be no renewal on the
said contract. Therefore, they must vacate my property because I would use it for my
business and both defendants promised that they would leave the premises on the expiration
of the contract. For their failure to comply with the promise, I have posted a Demand to
Page 1

Vacate on April 15, 2014 in conspicuous places within the leased premises as a notice to
defendants to vacate said premises.
Q: What is your proof that you posted a notice to vacate on April 15, 2014 upon the
defendants?
A: I have here a copy of the Notice to vacate which is Exhibit C.
Q: What was the action of defendants after posting the notice to vacate?
A: None. The defendants still refused to vacate and surrender possession of my property.
Q: What step did you take after the refusal of the defendants to vacate the subject property
despite demand?
A: I filed this action against the defendant in this case for Unlawful Detainer before the MTC
Manila.
Q: Finally, do you know why you are executing foregoing sworn statement in this case?
A: Yes. I am executing this sworn statement to be adapted as my direct examination in this
case to prove my causes of action for unlawful detainer against the defendants in the above
entitled case and this Judicial Affidavit be marked as Exhibit E.
IN WITNESS WHEREOF, I hereby affix my signature this 30 th day of July 2014, in
the Quezon City.

ALVIN MARQUEZ
Affiant

ATTESTATION
I hereby attest that on this 30 th day of April 2014, I have personally examined the
plaintiff ALVIN MARQUEZ; and that I have faithfully recorded or caused to be recorded
the questions asked and the corresponding answers thereto made by him. I further attest that I
nor any other person herein present, or assisting me, never coached ALVIN MARQUEZ
regarding his answers.
Quezon City for the City of Manila. April 30, 2014.

CELESTINE MARCIAL
Lawyer- affiant
Counsel for Plaintiff
34 Balingasa St., Balintawak, Quezon City
Contact No. 3696891
ROLL No. 03270228
P.T.R. NO. A-07100715-1/3-8-2014 Q.C

Page 2

SUBSCRIBED AND SWORN to before me this 30 th day of April 2014 in Quezon


City. Affiant exhibited to me their identification cards bearing their photograph and signature,
as follows:
Name:
Issued by/ID No.:
ALVIN MARQUEZ
SSS ID No 12-1845
CELESTINE MARCIAL
IBP No. 1107015
known to me to be the same persons who executed the foregoing document and avowed
under penalty of law to the whole truth of the contents of said instrument.
WITNESS MY HAND AND SEAL on the date and at the place first above-written.
Doc. No. _____;
Page No. _____;
Book No._____;
SERIES of 2014.

Atty. Trey Reyes


Commission Serial No. 1218
Notary Public for Quezon City
Until December 31, 2017
228 Lagro, Quezon City
ROLL No. 41315
P.T.R. NO. A-07100715-1/3-8-2014 Q.C
MCLE Compliance No. 422619 1/11/14

Copy Furnished:

ATTY. DANIEL GORIN


Counsel for Defendant ACM Corporation and Roven Trias
GORIN AND ASSOCIATES LAW OFFICE
38 Malagasang II-A, Imus, Cavite
Contact No. 09258772453

Page 3

Personal Service