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Republic of the Philippines


REGIONAL TRIAL COURT
Ninth Judicial Region
Branch 12
Zamboanga City

RECODO ZAMBOANGA CIVIL CASE NO. 6339


MULTI-PURPOSE
COOPERATIVE (REZAMCO),
Represented by its General -for-
Manager, VIVENCIO R.
OBIDO
Plaintiff,

-versus-
COLLECTION OF A SUM OF
NIA L. TUBAN MONEY WITH DAMAGES
Defendant.
X---------------------------------X

FORMAL OFFER OF EVIDENCE

COMES NOW, Defendant NIA TUBAN y LABORA, through


the undersigned counsel and unto this Honorable Court most
respectfully submits and files this Formal Offer of Evidence and
further states that:

Exhibit 1 Transfer of Assignment dated April 6, 2010;

PURPOSE: Exhibit 1 is being offered to prove that she was


assigned in Pagadian Branch as the OIC-Branch
Manager and to disprove the imputation of liability for
missing funds in Tetuan Branch between April 13, 2010
to July 01, 2010;, the period when Defendant was in
Pagadian City discharging her duties as OIC Branch
Manager thereat;

Exhibit 2 Appointment letter dated July 1, 2010;

PURPOSE: Exhibit 2 is being offered to prove that it is the


function of the Cashier, and not the Branch Manager, to
prepare and handle deposits of collection in the
designated bank;

Exhibit 3 Promissory Note dated October 26, 2010;

PURPOSE: Exhibit 3 is being offered to prove that the real and


actual obligation of Defendant towards Plaintiff was
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purely contractual in nature, specifically a mere simple


loan or mutuum;

Exhibit 4 Real Estate Mortgage dated October 29, 2010;

PURPOSE: Exhibit 4 is being offered to corroborate the truth


about the contractual obligation of herein Defendant
which was secured by a real property owned in common
with her husband;

Exhibit 5 Cancellation and/or Release of REM dated November


11, 2010;

PURPOSE: Exhibit 5 is being offered to prove that the contractual


obligation of herein Defendant to Plaintiff was
extinguished upon the full payment of her debt on
November 10, 2010;

Exhibit 6 REZAMCO Provisional Receipt No. 258366, P31,000


dated October 30, 2010;

PURPOSE: Exhibit 6 is being offered to prove that on above-


mentioned date, Defendant partially paid herein
Plaintiff the amount of P31,000.00;

Exhibit 7 REZAMCO Provisional Receipt No. 258365,


P100,000, dated October 30, 2010;

PURPOSE: Exhibit 7 is being offered to prove that on above-


mentioned date, Defendant partially paid herein
Plaintiff the amount of P100,000.00;

Exhibit 8 REZAMCO Official Receipt No. 4044, P1,530.00,


dated October 30, 2010;

PURPOSE: Exhibit 8 is being offered to prove that on above-


mentioned date, Defendant partially paid herein Plaintiif
the amount of P1,530.00;

Exhibit 9 REZAMCO Provisional Receipt No. 259184,


P298,870.00 dated November 10, 2010;

PURPOSE: Exhibit 9 is being offered to prove that on above-


mentioned date, Defendant paid the amount of
P298,870.00 in full settlement of her obligation;

Exhibit 10 Official Receipt No. 0376884 dated January 30, 2012


in the amount of P1,250.00;
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10-A Official Receipt No. 0379125 dated January 30,


2012 in the amount of P 1,750.00;
10-B Official Receipt No. 770106 dated January 30,
2012 in the amount of P500.00;

PURPOSE: Exhibits 10 to 10-B are being offered to prove that


the Defendant paid the required docket fees for her
counter-claim against herein Plaintiff;

Exhibit 11 Letter dated October 8, 2009 signed by Mr. Vivencio


Obido;

PURPOSE: Exhibit 11 is being offered to prove that Ms. Daisy


Villamil, the former cashier of said office, was given a
new appointment as Branch Manager of Tetuan, and
that all assignments and responsibilities shall be turned-
over to Ms. Rona C. Pagayon, who shall act as the
Teller/Cashier in Pagadian Office;

Exhibit 12 Audit Report dated September 2010;

PURPOSE: Exhibit 12 is being offered to prove that the cash on


hand as of September 2010 was reconciled and in
balance with the cash in bank;

Exhibit 13 Demand Letter dated 09 June 2011

PURPOSE: Exhibit 13 is being offered to prove that Defendant


received a demand letter from Plaintiffs Counsel,
regarding her unpaid account/obligation in the amount
of Four Hundred Sixty Thousand Seven Hundred Fifty
Seven and 21/100 Pesos;

Exhibit 14 Voter Certification;

PURPOSE: Exhibit 14 is being offered to prove, among others, the


registered address of defendant in Tetuan, this city;

Exhibit 15 Promissory Note dated 11 May 2010 executed by


Mercy Malandacun;

PURPOSE: Exhibit 15 is being offered to prove that Mercy


Malandacun borrowed the amount of Twenty Eight
Thousand Four Hundred Eighty Thousand Pesos from
Rezamco;

Exhibit 16 Promissory Note dated 18 May 2010 executed by


Sonia Arcillas;
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PURPOSE: Exhibit 16 is being offered to prove that Sonia E.


Arcillas borrowed the amount of Forty Thousand Eight
Hundred Pesos from Rezamco;

Exhibit 17 Chattel Mortgage dated 25 May 2010 executed by


Jenelyn Bucoy;

PURPOSE: Exhibit 17 is being offered to prove that Jenelyn Bucoy


mortgaged a certain personalty to secure her loan with
Rezamco;

Exhibit 18 Chattel Mortgage dated 2 June 2010 executed by Fe


Fabian;

PURPOSE: Exhibit 18 is being offered to prove that Fe Fabian


mortgaged a certain personal property to secure her loan
with Rezamco;

Exhibit 19 Promissory Note dated 4 June 2010 executed by


Maximo Montibon;
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PURPOSE: Exhibit 19 is being offered to prove that Maximo
Montibon obtained a loan in the amount of Eleven
Thousand Five Hundred Sixty Pesos from Rezamco;

Exhibit 20 Chattel Mortgage dated 5 June 2010 executed by


Manilyn Atilano;

PURPOSE: Exhibit 20 is being offered to prove that Manilyn


Atilano mortgaged a certain personal property to secure
her loan in favor of Rezamco;

Exhibit 21 Termination Letter dated 29 October 2010 signed by


Pilarito V. Cueco;

PURPOSE: Exhibit 21 is being offered to prove that Nina Tuban


was served her termination notice on October 29, 2010;

PRAYER

WHEREFORE, it is most respectfully prayed of this Honorable


Court that the foregoing exhibits and the purposes for which they are
being submitted be admitted as evidence for the Defendant.

Other reliefs as may be just and equitable under the premises


are likewise prayed for.
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Respectfully submitted.

City of Zamboanga, ___ June 2014.

MARIA FE C. GAUGANO
Counsel for Defendant
ENRIQUEZ CAPIN and GAUGANO LAW OFFICES
2nd Floor, LDM Bldg., Pilar St., Zamboanga City
PTR No. 789752-01/02/14
IBP No. 896570-01/02/14
at Zamboanga City
Roll No. 53057-04/26/07
MCLE Compliance No. IV-0015086-04/01/2013

Copy furnished:

Atty. LUCIO R. MABALOD


G/F Blanco Bldg., NS Valderosa St.,
Zamboanga City