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Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES


11th Judicial Region
Branch 4
Davao City

DRAKE GOODMAN,
Plaintiff,
Civil Case No. M-MLA-2018-
08-29
-versus-

For: RECOVERY OF
POSSESSION,
JAMES DANFORTH DAMAGES and
Defendant. ATTORNEY’S FEES
x- - - - - - - - - - - - - - - - - - - -x with application for the
issuance of a WRIT OF
PRELIMINARY
INJUNCTION

JUDICIAL AFFIDAVIT OF MR. TOSHIO WATANABE

TOSHIO WATANABE offers his testimony by way of Judicial Affidavit, to


prove that:
1. Drake Goodman and Patty Plamer are the rightful owners of the
subject property of the case more particularly described as the No.
2456, Pacific Heights Street, Taft Avenue, Malate, Manila
2. That they were aware if the such fact being the lessees of the
Drake Goodman and Patty Palmer on February 25, 2017, with a
stipulation   of   monthly   rentals   amounting   to   Sixty­Thousand
Pesos   (P60,000.00)   with   a   security   deposit   of   One   Hundred
Twenty Thousand Pesos (P120,000.00).

3. That   he   has   witness   Drake   Goodman   made   several   and


repeated demands for payment to James Danforth;

4. That he has witness the several attempts as well to evict Carte
Hayes to the subject property including the facts that Carter
Hayes changed the locks of the door;

I, TOSHIO WATANABE, of legal age, Filipino , and a resident of No.


2698­B,  Ma.  Aurora  St,  Poblacion, Makati City after having been duly
sworn to in accordance with law do hereby depose and state THAT:
PRELIMINARY STATEMENT

In accordance with A.M. No. 12-8-8-SC, I hereby execute this judicial


affidavit in a question and answer format. The person taking my testimony
is Atty. Johari P. Casan, with office address at 3/F Citibank Center, Paseo
De Roxas, Makati City and the taking of my testimony is being held at the
same address. I am answering her questions fully conscious that I do so
under oath and may face criminal liability for false testimony and perjury.

QUESTIONS AND ANSWERS

Question 1: Before we begin, are you aware that you are


under oath and may face criminal liability
for false testimony and perjury?

Answer Yes, attorney.

Question 2: Please state your name and other personal


circumstances.

Answer I am TOSHIO WATANABE, of legal age,


Filipino , and a resident of No. 2698­B, Ma.
Aurora   Street,   Poblacion,   Makati   City,
Philippines

Question 3: How are you related to the other plaintiff in


the present case?

Answer I am one former tenants of the plaintiffs


from February 25, 2017 to August 15,2017.

Question 4: What room did you occupy from the House?

Answer 5: My wife and I occupied t one of the rooms


on the first floor of the property which the
partners calls as ROOM 1-A

Question 6: What pieces of evidence can you show that


you have occupied ROOM 1-A?

Answer I have a copy with me of the Lease Contract


that we have executed.
Question 7: What is the period of the Lease Contract you
have executed with the Goodman and
Palmer?

Answer It is supposedly from February 25, 2017 to


February 25, 2017. But we have terminated
the lease unilaterally on May 1, 2017.

Question 8: Why did you terminate the lease?

Answer My wife and I can no longer bear the noise


that is coming out from the other room
being occupied by Mr. James Danforth and
that our room is already infested with so
many cockroaches coming from the other
room.

Question 9: What is the noise that you are complaining


of?

Answer It is a reverberating sound of construction


and renovations.

Question 10: How did your lessors known such facts you
are complaining of?

Answer My wife raised the concerns to Ms. Palmer.

Question 11: What actions did Ms. Palmer do to address


your concerns?

Answer Mr. Goodman and Ms. Palmer contracted


with a Pest Control Expert and the partners
have likewise confronted the occupant of the
tenants from the other room.

Question 12: You said that they have confronted the


occupants from the other room, what did the
occupants from Room 1-B do?

Answer Nothing, the demands were unheeded.

Question 13: Why are you testifying about in relation to


the case filed against Mr. Hayes?

Answer I am testifying as to the efforts made by


Mr.Goodman and Ms. Palmer to demand
payment and the effort to evict Mr. Dansfort.
Question 14: How did you learn such facts?
Answer As I have mentioned, I was occupying the
other unit in the first floor of the house. I
have also seen the partners knocking several
times the door from the other unit to look
for Mr. Dansfort and to demand payment.

Question 15: How did the occupants heed to the demands


of the lessors?

Answer Usually, it is Mr. Greg Hamilton who will


open the door whenever the lessor knocks to
demand payment and Mr. Greg will just say
that Mr. Dansfort is not around and that the
concerns on the payment of rent is not
concern but that of Mr.Dansfort. Mr.
Hamilton will not let Ms. Palmer in nor Mr.
Goodman inside the unit.

Question 16: How often does the lessor demands


payment from the occupants?

Answer Usually we pay during the last day of the


month as stipulated in the contract.

Question 17: Who collects the rent?

Answer It is Ms. Palmer.

Question 18: What happens when the lessee fails to pay


the rent?

Answer As provided for in the Contract of Lease, In


the event the lessee fails to pay his monthly
rent, it is in the discretion of the LESSOR to
terminate the contract entered into by them.
The LESSEE shall thereafter vacate the
premises and deliver the property back to
the LESSOR.

Also it is provided that in the event that the


lessee fails to pay rental fees for TWO (2)
Consecutive months, the lessee shall forfeit
his security deposit, and the lessor shall
have the right to evict the same without the
need for any judicial demand.

Question 19: What months did you witness Ms. Palmer


collect rent from Mr. Hayes unit but did not
pay the same?
Answer During the months of May and June. It was
our last 2 months there.

Question 20: How about the time when Mr. Goodman and
Ms. Palmer demands for eviction with the
Hayes, what circumstances can you tell that
proves that there was a demand to evict.

Answer It was on June 30, 2017 where the partners


demanded Mr. Dansforth to evict the subject
property, but the same was unheeded. It fact,
it was when Mr. Goodman told Mr. Dansfort
that he knows he is inside and whenever he
does not open the door, he will open it using
his keys.

Question 21 What happened next?

Answer When Mr. Dansfort did not respond, Mr.


Goodman tried to open the door using his
keys but he later on found out that the locks
are already changed.

Question 22 What is the proximity of your distance when


this incident happened?

Answer I was inside my unit and the door is half


open. I was sneaking and eavesdropping the
entire incident.

Question 52 Do you have any more to say?

Answer No more, thank you.

IN WITNESS WHEREOF, I, TOSHIO WATANABE, hereby affix my


signature this 28th day of August 2018 at Makati, Philippines.
TOSHIO WATANABE,
Affiant-witness
I.D. Type and No. Postal I.D. 55555555

SUBSCRIBED AND SWORN to before me, this 27 th day of August


2018, in Manila City, Philippines; Affiant-witness having exhibited to me
her as competent evidence of identity described above.

Doc. No. ______;


Page No. ______;
Book No. ______;
Series of 2018.

ATTESTATION

I, JOHARI P.CASAN, with office address at 3/F CITIBANK


CENTER., PASEO DE ROXAS, MAKATI CITY,PHILIPPINES, attest under
oath that:
I personally conducted the taking of the testimony MR. TOSHIO
WATANABE, the Affiant-witness in the instant case;

I faithfully recorded the questions I asked and the corresponding


answers given thereto; and,

Neither I, nor any other person then present coached TOSHIO


WATANABE regarding his answers to my questions.

ATT. JOHARI P. CASAN


Affiant

SUBSCRIBED AND SWORN to before me, this 29th of August, 2018,


in Manila City, Philippines; Affiant having exhibited to me her competent
evidence of identity, described above.

Doc. No. ____;


Page No.____;
Book No.____;
Series of 2018.

Copy furnished
Thru Personal service:

ATTY. RAY MARK GINCO


ATTY. CHARLOTTE SUERTE
Liong Law Office
Ground Floor, Bustamante Building,
(formerly Ponciano Reyes) C., C. Bangoy St
Manila City