Republic of the Philippines

METROPOLITAN TRIAL COURT

National Capital Judicial Region

Quezon City

Branch 17

NICOLE DOMINIQUE N. IBAY

Plaintiff,

- versus - CIVIL CASE NO. 06171995

FOR: Unlawful Detainer

JUAN DELA CRUZ

Defendant.

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JUDICIAL AFFIDAVIT OF NICOLE DOMINIQUE N. IBAY

I, NICOLE DOMINIQUE N. IBAY, 24 years old, Filipino, single, and residing at

78B Gen. Segundo St. Brgy., Sta. Cruz Heroes Hill Subdivision, Quezon City, after

having been duly sworn to in accordance with law, hereby depose and state:

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 PRELIMINARY STATEMENT

That in accordance with A.M. No. 12-8-8-SC, which prescribes the use of judicial

affidavits to serve as the direct examination testimony of the witness, on the basis of

which the adverse party may conduct their cross-examination on such a witness, I

hereby execute this judicial affidavit in a question and answer format;

That conformably with section 3 (b) of the said A.M. No. 12-8-8-SC, I also state that it

was Atty. Maria Makiling, a private lawyer, who conducted the examination of the

undersigned affiant at the office of LAWYERS NOW AND ASSOCIATES 8th floor, The

One Executive Office, Quezon City;

That conformably also with section 3 (c) thereof, I hereby state under the pain of

perjury that in answering the questions asked of me, as appearing herein below, I am

fully conscious that I did so under oath, and that I may face criminal liabilities for false

testimony or perjury;

OFFER OF TESTIMONY

That my testimony is being offered to prove that the accused, JUAN DELA CRUZ,

has committed acts of Unlawful Detainer, despite demand to vacate and payment.

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Q1: Please state your name and Personal Circumstances, Ms. Witness

A1: Nicole Dominique N. Ibay, 24 years old, Filipino citizen, Single, residing at 78 B

Gen. Segundo St., Brgy., Sta. Cruz Heroes Hill Subd., Quezon City.

Q2: Are you the same Nicole Dominique N. Ibay as the plaintiff in this case?

A2: Yes.

Q3: Do you know JUAN DELA CRUZ, the defendant?

A3: Yes. He is my neighbor he is unlawfully occupying the subject property since April

5, 2019 which I own, described under TCT No. 12345 of the Registry of Deeds of

Quezon City. A certified true copy of the said TCT is annexed -“A”.

Q4: How was the defendant Juan Dela Cruz able to occupy your subject property?

A4: He leased my property for a period of 1 year from September 1, 2018 to

September 1, 2019 which is Exhibit B.

Q5: How was defendant able to occupy your subject property?

A5: The defendant leased through a written contact which is in annexed “B”.

Q6: Upon the expiration of the said lease what did you do?

A6: I asked him vacate the premises immediately and served a demand latter on

September 2, 2019 but he did not.

Q7: What did you do after defendant failure to voluntarily vacate and pay the unpaid

rentals of occupied property upon expiration of the agreed lease period?

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A7: I demand the defendant that he must vacate my property and pay due rental

because I would use it for my business. For his failure to vacate, I have personally

served him a Demand to Vacate and pay the unpaid rentals on September 2, 2019.

Q8: What happened after?

A8: None. The defendant refused to vacate and pay due rentals.

Q9: What step did you take after the refusal of the defendants to vacate the subject

property despite demand?

A9: I filed this action against the defendant in this case for Unlawful Detainer before

the MTC Quezon City.

Q10: In your complaint you are asking for rental for the use and occupation of the

defendants in this case, how much is your claim for said rentals?

A10: The agreed rental per month which is 20,000php for the use and occupation of

my property starting from September 1, 2018 until the possession of the subject

property is turned over by the defendant.

Q11: Finally, do you know why you are executing foregoing sworn statement in this

case?

A11: 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 defendant

in the above entitled case, and this Judicial Affidavit be marked as Exhibit –“C”.

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 IN WITNESS WHEREOF, I hereby affix my signature this 19th day of

September 2019, in the Quezon City.

NICOLE DOMNIQUE N. IBAY

Affiant

ATTESTATION

I hereby attest that on this 19h day of September 2019, I have personally examined

the plaintiff NICOLE DOMINIQUE N. IBAY; 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 NICOLE DOMINIQUE N. IBAY regarding her answers.

MARIA MAKILING

Lawyer- affiant

Counsel for Plaintiffs

8TH FLR THE ONE EXECUTIVE BLDG.,

Quezon City

Contact No. 91569

ROLL No. 03270228

P.T.R. NO. A-07100715-1/3-8-2014 Q.C

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 SUBSCRIBED AND SWORN to before me this 19h day of September 2019 in

Quezon City. Affiant exhibited to me their identification cards bearing their photograph

and signature, as follows:

Name: Issued by/ID No.:

NICOLE DOMINIQUE N. IBAY PASSPORT– No E12-1845

MARIA MAKILING IBP No. – 1107015

known to me to be the same persons who executed the foregoing document.

WITNESS MY HAND AND SEAL on the date and at the place first above-

written.

Doc. No. _____; Notary Public

Page No. _____;

Book No._____;

SERIES of 2019.

Copy Furnished:

ATTY. DANIEL GORIN Personal Service

Counsel for Defendant ACM Corporation and Roven Trias

GORIN AND ASSOCIATES LAW OFFICE
38 MAlagasang II-A, Quezon City
Contact No.0065097272

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