You are on page 1of 5

REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION


METROPOLITAN TRIAL COURT OF MANILA
BRANCH 1
CITY OF MANILA
Dra. MILA M. GINES,
Plaintiff,
CIVIL CASE NO. 08-3636
-versusFOR : UNLAWFUL DETAINER
TOMAS A. SANTOS,
Defendant
x----------------------------------x
JUDICIAL AFFIDAVIT
(Pursuant to SC AM-8-8-SC)
I, Dra. Mila M. Gines, single, Filipino, and residing at 1261 Silglo bldg. Gelenos
street Sampaloc Metro Manila, after having been duly sworn to in accordance with
law in an answer to the question asked by me by Atty. Jhun Perez in his office at 5 th
Floor, Dominga Building III, 2113 Chino Roces Ave. cor. Dela Rosa st., Makati City on
November 4, 2014 at 11:30 A:M full conscious that I do so under oath and I may
face criminal liability for false testimony or perjury hereby depose and state;
Q: How are you related to Dr. Mila M. Gines, the plaintiff in the civil case 08-3636
before the Metropolitan Trial Court of Manila for unlawful detainer against Tomas A.
Santos?
A: I am the same.
Q: Do you know the defendant Tomas A. Santos?
A: Yes, he is the lessee that is occupying my property in a studio type unit located at
1261 Silglo bldg. Gelenos street, Sampaloc, Metro Manila. The contract of lease is
mark as EXHIBIT A.
Q: How did the defendant Tomas A. Santos was able to occupy your property?
A: Tomas A. Santos leased my property for a period of 1 year from June 06, 2013 up
to June 07, 2014.
Q: Did he comply with his obligations in paying the rentals?

A: Yes he complied with his obligations but only from June 06, 2013 up to March 06,
2014. The rental payments for the said months are hereby attached as EXHIBIT
B.
Q: What did you do after the said defendant failed to pay his rental payment for the
month of April 2014?
A: On May 06 2014, one month before the expiration of the lease agreement, I sent
a notice of expiration of lease of contract to the defendant with option to renew the
same or pay the unpaid rentals and vacate the premises upon the expiration of the
lease contract. Such notice is attached as EXHIBIT C
Q: Did the defendant exercise any of the two options?
A: No
Q: What did you do after that?
A: On June 7 2014, I made an oral demand with the plaintiff to pay the unpaid
rentals due and to vacate the premises. However the defendant, Tomas A. Santos,
did not pay the same and did not vacate the said premises. After that, we
underwent a Barangay Conciliation proceeding but it was futile.
Q: Do you have any document or proof that you and the defendant underwent a
Barangay Conciliation?
A: A Certification to File Action was issued by me from Barangay 584 Zone 57.
Herein attached as ANNEX D
Q: What did you do after that?
A: On June 8 2014, a day after the expiration of the lease contract, I gave the
defendant, Tomas A. Santos a formal written demand to pay the unpaid rentals and
vacate the property. A photocopy of the said written demand is hereby attached as
ANNEX E
Q: Did the defendant pay and vacate the property?
A: No, he did not. He refused to pay and vacate the said property.
Q: What step did you take after the refusal of the defendant, Tomas A. Santos to pay
the unpaid rentals and vacate the property?
A: I filed this action before the Metropolitan Trial Court of Manila for Unlawful
Detainer.

Q: In your complaint, you are asking for the unpaid rentals for the use and
occupation of the said property, how much is your claim for unpaid rentals from the
defendant?
A: The agreed rental per month of P9,000.00 starting April 2014 up to the time the
defendant turn over the said property and vacate the same plus the interest
stipulated in the lease contract until full payment is made.
Q: Finally, do you know why you are executing the 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 cause/s of action for unlawful detainer against the
defendant in the above entitled case, and this judicial affidavit be marked as
EXHIBIT F
IN WITNESS THEREOF, I hereby affix my signature this 30 th day of July 2014,
Metro Manila

MILA M. GINES
AFFIANT

ATTESTATION
I hereby attest that on this 4th day of November 2014, I have personally
examined the plaintiff, MILA M. GINES; and that I have faithfully recorded or caused
to be recorded the questions asked and the corresponding answers made thereto by
her. I further attest that I nor any other person herein present, or assisting me,
never coached MILA M. GINES regarding her answers.
Makati City for City of Manila, November 4, 2014

ATTY.
JHUN PEREZ
Counsel for
the Plaintiff
5
Dominga Bldg. III, 2113 Chino

th

Floor,

Roces Ave.
cor. Dela Rosa St., Makati City
IBP No.
575848/01-13-2003/Manila
PTR
No.7012006/01-05-2004/Makati City
Roll No.
24378

SUBSCRIBED AND SWORN TO before me this 4th day of November in


Makati City. Affiant exhibited to me her identification card bearing their photograph
and signature as follows:

NAME

ISSUED BY:

MILA M. GINES
JHUN T. PEREZ

SSS ID 12-1845
IBP No. 575848

Known to me to be the same person who executed the foregoing document.


WITNESS MY HAND AND SEAL on the date and on the place above-written.
Doc. No. 523;
Page No. 476;
Book No. 4;
SERIES OF 2014

Notary Public

COPY FURNISHED:
Personal Service
Atty. Bogart Dimangloloko
Counsel for the defendant, Tomas A. Santos
DIMANGLOLOKO-DIMAGIBA Law Office
#23 Ilang-ilang st., barangay Sulutan, Quiapo, Manila