REPUBLIC OF THE PHILIPPINES

EIGTH JUDICIAL REGION

BRGY. IBARRA, MAASIN CITY
MAASIN CITY SOUTHERN LEYTE

SPS. JOHN AND JANE DOE,

Represented by:
REJOICE EPELIPCIA
JAI NOREENA BALILI
CARYL VIVIEN TOMANDA
Plaintiffs For:
DEMAND FOR SPECIFIC
PERFORMANCE &
DAMAGES

- versus -

ABC CONSTRUCTION,
Defendant.
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JUDICIAL AFFIDAVIT OF CASSIE MONDREGUN

WITNESS, by counsel, respectfully submits this Judicial

Affidavit to prove the following:

1. That the plaintiff, Sps. John and Jane Doe, and ABC
Construction entered into a construction contract whereby the latter
obligated itself to implement a residential building of the spouses;

2. That the parties held a conference on 9 September to

discuss and approve the proposed modification of the original
project plan;

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 3. That the parties executed a “Change Order” document
conforming to the proposed changes in the construction of the
residential building;

4. That ABC Construction despite giving its consent and

approval to the revised project plan did not implement the changes
agreed upon by the parties

5. As a result of ABC Construction’s negligence, the

plaintiffs demand payment for the damages incurred.

6. Other allied matters.

REPUBLIC OF THE PHILIPPINES}

CITY OF MAASIN } S.S.

I, CASSIE MONDRAGUN, Filipino, of legal age, single, a

resident of Brgy. Ibarra, Maasin City, fully conscious that I am under
oath and may face criminal liability for false testimony or perjury,
hereby answer the following questions propounded by Atty. Rejoice
Epelipcia at the BATOCIA LAW OFFICE located at Brgy. Ibarra,
Maasin City, So. Leyte, under oath, hereby depose and state that:

1. Q: Please tell me your name, nationality, age, civil status,

address and occupation?

A: I am Cassie Mondragun, 26 years old, single, and a

resident of Brgy. Ibarra, Maasin City. I am the secretary of Jane Doe.

2. Q: Do you know why you are in my office today?

A: Yes Atty, to make my judicial affidavit as witness.

3. Q: Do you know what a judicial affidavit is?

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 A: Yes, Atty. This judicial affidavit will be used as my
testimony in court for the case of the spouses Doe.

4. Q: Do you understand what the case is about?

A: Yes. The case is about the complaint of the Spouses Doe

against ABC Construction (“ABC”) demanding the latter to comply
with their obligation in the Construction Agreement.

5. Q: Do you personally know the spouses Doe?

A: Yes, Atty. I was hired by Jane Doe as secretary for their

chain of food and restaurant business.

6. Q: As the secretary of their family business, what are your

functions?

A: I was tasked to assist Jane Doe on business meetings and

other events. I am also in charge of the advertising and
documentation of activities relative to their business.

7. Q: You mentioned earlier that the Spouses Doe are

demanding from ABC compliance to an agreement, can you
elaborate what this agreement is?

A: Yes Atty. The Spouses Doe entered into a contract with

ABC to construct their two-storey residential building.

8. Q: Would you be able to identify the contract if I show it to

you?

A: Yes, Atty.

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9. Q: I am showing to you a document entitled as
“Construction Agreement” dated 15 January 2018, please do tell if it
has any relation to the contract you mentioned?

A: Yes, that is one of the construction contract executed by

the parties.

[The document identified by the witness is hereto attached as Exhibit “A”

hereof.]

10. Q: On the last page of the document, there is a signature

above the name Jane and John Doe, to whom do they belong?

A: To the spouses, Atty.

11. Q: Why do you know those are the signatures of the Spouses
Doe?

A: I saw them affix their signature on the contract on one of

their meetings with the contractor.

[The signature affixed above the name John Doe is marked as Exhibit “A-3”
hereof.]

[The signature affixed above the name Jane Doe is marked as Exhibit “A-1”
hereof.]

12. Q: Likewise, in the same document, there is a signature

above the name of Engr. Juan Dela Cruz. Whose is this?

A: That is the signature of Engr. Dela Cruz

[The signature affixed above the name Juan Dela Cruz is marked as Exhibit
“A-2” hereof.]

13. Q: Why do you know that is the signature of Engr. Dela

Cruz?

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 A: Because I also also saw him sign the document after the
Spouses affixed their signature.

14. Q: If Engr. Dela Cruz would be present on the day when you
will testify on this case, would you be able to identify him in open
court?
A: Yes, Atty.

15. Q: You mentioned earlier that the signing of the construction

contract was only one of the meeting conducted by the parties, was
there subsequent meetings after the contract signing, if there is any?

A: Yes. Since Spouses Doe wanted to convert the upper floor

of their residential building into a storage facility, they held a
meeting with ABC to revise and agree with the modifications on the
project plan.

16. Q: Do you have proof that indeed the parties held a meeting
to discuss these modification?

A: Yes, Atty. I have photograph taken on 9 September 2018

showing that Jane Doe and Engr. Gerald Anderson had a meeting to
agree on the changes and signing of the Change Order to carry out
modifications made. There was also a joint site inspection conducted
prior to the signing of the Change Order.

[The photograph identified by the witness is hereto attached as Exhibit “I-1”

hereof.]

17. Q: Who is Engr. Gerald Anderson?

A: He is the designated project engineer for the construction

of the residential building as well as the authorized representative of
ABC Construction.

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18. Q: If Engr. Anderson would be present on the day when you
will testify on this case, would you be able to identify them in open
court?
A: Yes, Atty.

19. Q: You mentioned that there was a inspection conducted, do

you have proof that a site inspection was indeed conducted?

A: Yes, Atty. I also took a photograph on site dated 4

September 2018 showing that Engr. Anderson and Engr. Jose Josephy
inspected the ongoing project.

[The photograpd identified by the witness is hereto attached as Exhibit “I-2”

hereof.]

20. Q: Who is Engr. Jose Josephy?

A: He is an engineer for the family business and was only

asked by the Spouses to occasionally inspect the development of the
project.

21: Q: You mentioned earlier that you assist the Spouses in

documenting activities and special events, do you remember
documenting activities in relation to the construction of the building,
if there is any?

A: Yes, Atty. I took photographs on the turn-over ceremony

of the residential building dated 31 July 2019. As well as during site
inspections conducted by the spouses.

[The photographs identified by the witness is hereto attached as Exhibit “I-

3” hereof.]

22. Q: Can you elaborate what kind of activities you were

documenting?

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 A: I took photographs from when the project started until it
was completed since I also always go with Jane Doe during site visits.

[The photographs identified by the witness is hereto attached as Exhibit “I-4

to I-6” hereof.]

23. Q: Do you remember anything that happened on 16 August

2019?

A: Yes, Atty. That was when the ground floor ceiling

collapsed.

24. Q: Why do you know that it was the day that the ceiling
collapsed?

A: Because I was with Jane Doe when the ceiling collapsed.

We were already finished transferring equipment and supplies to the
storage facility when the upper floor failed.

25. Q: Do you have proof that there was indeed a collapse?

A: Yes. I have photographs showing the collapse of the

ceiling and the inspection conducted by Engr. Josephy the day after.

[The photographs identified by the witness is hereto attached as Exhibit “I-7

to I-8” hereof.]

26. Q: Do you have anything to add to your statement?

A: None at this time.

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I am executing this affidavit for the purpose of attesting to the truth
of the foregoing.

October 28, 2019. Maasin City, Southern Leyte, Philippines.

CASSIE MONDRAGUN
Affiant-Witness
SSS No.: 78-7841379-00

SUBSCRIBED AND SWORN to before me this 28th day of October

2019 at Maasin City, Southern Leyte. Affiant has satisfactorily proven
to me his identity through competent evidence, exhibiting her valid
Identification indicated below his name.

EXAMINING COUNSEL’S ATTESTATION

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 I, REJOICE V. EPELIPCIA, of legal age, Filipino, of
BATOCIA Law Office, counsel for Petitioner in this case, with office
address at Brgy. Ibarra, Maasin City, hereby attest that:

1. I personally conducted and supervised the examination

of the witness, Engr. Jose Josephy, on 28 October 2019 at our office.

2. During said witness’s examination, I faithfully recorded

and/or caused to be recorded the questions asked and his
corresponding answers thereto; and

3. Neither I nor any person present or assisting me at the

time of said witness’s examination coached him regarding his
answers to the questions propounded.

IN WITNESS WHEREOF, I have hereunto set my hand this

28th day of October 2019 at Maasin City.

REJOICE V. EPELIPCIA
Affiant
REPUBLIC OF THE PHILIPPINES)
CITY OF MAASIN ) S.S.

SUBSCRIBED AND SWORN to on this 28th day of October 2019

at Maasin City, affiant who is personally known to me and/or has
satisfactorily proven to me his identity through competent evidence,
exhibiting her CTC No. 26493578 issued in Maasin City on 17 January
2015 and IBP ID No. 5200.

Copy furnished:

Atty. Bendever Gerona

Atty. Ma. Trisky Aguilar
Atty. Ma. Gina Montederamos
Counsels for the Respondent
Bgy. Tunga-tunga, Maasin City
Southern Leyte