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SUPREME COURT
Eighth (8th) Judicial Region
Regional Trial Court, Branch__
Bulwagan ng Katarungan, Tacloban City
PREFATORY STATEMENT
That conformably with Section 3(b) of the said A.M. No. 12-8-8-
SC, I also state that it was Atty. Valerie Monsod, Notary Public for
Leyte, including the cities of Tacloban and Ormoc, at her office address
at 123 Real St., Tacloban City on February 20, 2019.
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PURPOSE(S) OF THE AFFIDAVIT
Q1: Please state your name, age, citizenship, civil status, occupation
and present address.
ANSWER1: I am Balthazar Semblat, American citizen, 29 years of
age, single, a resident of 3937 Kenwood Place, Orlando City, State
of Florida 32801, United States of America, and working as an
independent Architect based in Orlando City, Florida.
Q5: How long have you been practicing as a licensed and registered
Architect?
ANSWER5: I have been in the practice since 2013 after I passed
the licensure examination and got my license thereafter.
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subsequently practice my profession therein. He sought my
professional services as an Architect to plan and design a 7-storey
Resort Hotel to be constructed at Brgy. San Jose, Tacloban City,
Philippines.
Q9: Did you and Mr. Arellano meet on July 21, 2015?
ANSWER 9: Yes, we met at Drunken Monkey Coffee Bar.
Q11: Do you have proof that there was indeed an Agreement executed
between you and Mr. Arellano?
ANSWER 11: Yes.
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ANSWER13: It was stipulated on the said service agreement that
Mr. Arellano will pay One Hundred Eighty Thousand US Dollars
(180,000 USD) as compensation inclusive of the value-added
and other taxes that may be imposed in connection with for the
said Architectural services. It was likewise agreed that a down
payment equivalent to Eighty Percent (80%) of the Contract Price
or 144,000.00 USD shall be paid upon execution and signing of
the Service Agreement and the 20% Final billing shall be subject
to ten (10%) percent retention to be released 1 year after
acceptance of the Technical Documents.
Q14: Upon the execution and signing of the Service Agreement, did
you receive the down payment of 180,000.00 US Dollars?
ANSWER 14: Yes. I have here a copy of the Acknowledgment
Receipt issued by Mr. Arellano.
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Q20: Do you have any proof to substantiate your claim that Mr.
Arellano’s party accepted the technical documents without
interposing any objection?
ANSWER20: Yes, I have here the Certificate of Acceptance issued
and signed by Mr. Hunter James Pitt.
Q24: Did Mr. Arellano paid the remaining balance after sent the final
billing?
A24: No, he did not. I sent him several messages demanding Mr.
Arellano to make good of his obligation to pay the remaining
balance for the services rendered but to no avail.
Q25: What proof do you have to show that indeed demands had been
made?
ANSWER 25: Aside from several unanswered messages on
Facebook, I sent a formal Letter of demand to Mr. Arellano on
April 3, 2016 for the collection of the remaining balance.
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Q27: What action did you undertake to recover the remaining balance
from Mr. Arellano?
ANSWER27: After several unheeded demands, I filed a lawsuit for
Breach of Contract against Mr. Arellano before the Orange
County Courthouse, Florida.
Q29: What proof do you have to validate your claim that a decision was
made against Mr. Arellano?
ANSWER 29: I have here a copy of the Decision dated August 25,
2016 rendered by Orange County Courthouse.
Q31: I don’t have further questions; do you have any statements to add
or retract on this affidavit?
ANSWER31: None at the moment, attorney.
Q33: Do you understand that if you are not telling the truth you will be
persecuted for lying under oath?
ANSWER 33: Yes, I understand.
----------END OF STATEMENT----------
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Republic of the Philippines )
Tacloban City ) S.S.
BALTHAZAR SEMBLAT
Affiant
Doc. No.1;
Page No.:4;
Book No.: I;
Series of 2019
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EXAMINING LAWYER’S SWORN ATTESTATION
Doc. No.3;
Page No.:4;
Book No.: I;
Series of 2019