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Republic of the Philippines

REGIONAL TRIAL COURT


FIRST JUDICIAL REGION
Branch 5
Baguio City

ALEXANDER D. PETMALU,
Plaintiff,

Civil Case No.465626

-versus- For:
Collection of Sum of
Money with Prayer of
Writ for the issuance of
Preliminary attachment

JUAN G. LODI,
Defendant
x---------------------------------------------x

JUDICIAL AFFIDAVIT
(For witness: John Ceto)

COMES NOW, witness-affiant, JOHN CETO, unto this Honorable


Court, in support hereof avers that:

1. The herein witness-affiant John Ceto is of legal age, single


and a resident of #123, Trancoville, Baguio City, Philippines;

2. ATTY. DENVER A. GAMLOSEN is the lawyer who


conducted and supervised the examination of the said
witness-affiant whose testimony was taken and held at
TAMID-AY & PARTNERS LAW OFFICES, #1 Feliz Loy
Building, Shuntug Street , Bokawkan Road, Baguio City; and

3. The witness-affiant is answering the questions asked of him


fully conscious and that he does so under oath, and is aware
that he may face criminal liability for false testimony or
perjury.

And by way of OFFER OF TESTIMONY, witness-affiant herein states,


that her testimony is being offered to prove the following:

1. He is a witness in this case;

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2. He will testify to the execution of Promissory Note and
Acknowledgment Receipt between the parties of this case;
3. He will testify that he was present during the execution of
such instruments;
4. He will corroborate the testimony of the plaintiff;
5. He will testify that an amount of 1,000,000.00 was obtained
by the defendant; and
6. He will further testify other allegations stated in the
complaint and verify the documents regarding his signature.

With the offer above, transcribed below are the questions propounded in
English a language known and understood by witness-affiant, and the answers
to the questions are also in the same language;

1. Q: Kindly state your name, address and other personal


circumstances?
A: I am JOHN CETO, of legal age, Filipino, single and a
resident of #123, Trancoville, Baguio City, Philippines sir.

2. Q: Why are you here?


A: To give testimony by way of judicial affidavit in relation
to the case.

3. Q: Do you know the plaintiff?


A: Yes, sir. He is my friend.

4. Q: How about the defendant?


A: Yes, sir. I met him last August 28, 2015.

5. Q: In this case, what is your participation?


A: I’m a witness to the execution of a document.

6. Q: What is all about that document?


A: They are the promissory note and acknowledgment
receipt sir.

7. Q: When did that happen?


A: On August 28, 2015, sir.

8. Q: Where did that happen?


A: at the law office of Atty. Buliyat, sir.

9. Q: How did that happen?


A: I was requested by the plaintiff to be a witness to the
document and I said yes.

10. Q: How is the execution of the document?

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A: At 3:00 o’clock in the morning of August 28, 2015, we
were at the office of Alexander Petmalu.

11. Q: After that?


A: I have witnessed that Alexander Petmalu handed the
money to Juan G. Lodi after they counted it.

12. Q: What happened next?


A: Then we preceded to the law office of Atty. Buliyat for
the document to be notarized.

13. Q: By the way, who are the persons present there aside from
you?
A: They were Chris O. Hems, Denice Evarden, Alexander
Petmalu and Juan Lodi.

14. Q: What happened next, if any?


A: Then we were required by Atty. Buliyat to sign the
documents.

15. Q: If I will show you this documents will you be able to


identify it?
A: Yes, sir.

16. Q: Here are the documents, are these the documents you
were referring to?
A: Yes, sir.

Manifestation: We pray that the copy of the promissory


note and the acknowledgment receipt be marked as exhibit
“A” and exhibit “B”, respectively.

17. Q: After the signing, what else happens?


A: Then all of us shook hands as the execution of the
document was successful.

18. Q: By the way, can you tell me what did you notice during
the execution of the document?
A: I notice that Juan Lodi is eager to get out.

19. Q: Why was that?


A: I was told by Alexander Petmalu that he was catching a
flight to Puerto Princesa Palawan.

20. Q: Anything else?


A: None sir:

21. Q: Do you want to add something to your testimony?


A: As for now, none sir.

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I HEREBY AFFIX my signature this 7th day of February 2019, Baguio
City, Philippines.

JOHN CETO
Affiant
ID No. 01-45878

SUBSCRIBED AND SWORN TO before me this 7th day of February


2019, Baguio City.

Doc. No. 102; DENVER L. GAMLOSEN


Page No. 21; Notary Public
Book No. II; Notarial Commission until December 31, 2020
Series of 2019 PTR No. 5798032; 01-03-19; Baguio City
IBP No. 02108/01-22-18 2019)
Baguio- Benguet Chapter
ROLL No. 610987; 05-04-17; Mla
Commission No. 18-NC-035

COPY FURNISHED VIA PERSONAL DELIVERY:

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Republic of the Philippines)
BAGUIO CITY)Sc
x------------------------------------x

ATTESTATION CLAUSE OF THE LAWYER


I, ATTY. DENVER A. GAMLOSEN, the lawyer who conducted the
examination of herein witness JOHN CETO hereby attest that:

1. I was the one who conducted the examination of JOHN CETO at my


aforementioned office;

2. I faithfully recorded or caused to be recorded the questions I asked


and the corresponding answers that the said witness gave in ENGLISH,
a language known and understood by the witness; and

3. Neither I nor any other person then present or assisting the said
witness coached the witness regarding the latter’s answers;

I HEREBY AFFIX my signature this 7th day of February 2019, Baguio


City, Philippines.

DENVER A. GAMLOSEN
IBP 57998

SUBSCRIBED AND SWORN TO BEFORE ME affiant exhibiting to


me a competent proof of identity with details below his name in compliance
with the Notarial Rules of Procedure, this 7th day of February 2019, Baguio City,
Philippines

Doc. No. 92; MAXIMUS SPARTACUS


Page No. 19; Notary Public
Book No. LVII; Notarial Commission until December 31, 2020
Series of 2019 PTR No. 57980; 01-03-19; Baguio City
IBP No. 02110/01-22-18 2019
Baguio- Benguet Chapter
ROLL No. 10987; 05-04-07; Mla
Commission No. 18-NC-014

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Disclaimer: I am not sure if this is EXACTLY what Pros. Pataras wants to see in
introducing your witness. But these lines were used in Introducing the Second
Witness and no overtly negative
comment was made by the instructor.

S.T.A.R.T

1) Counsel: Your honor, the witness Mr/Ms ___(Name)___ will be identifying


his/her Judicial Affidavit, which shall serve as his/her Direct Testimony...

(IF THERE ARE DOCUMENTS --->ADD THIS LINE) ... and he/she will be
identifying Documents.

Court: ------

2) Counsel: Mr/Madam witness do you remember having executed a Judicial


Affidvit (JA) in relation to this case?

Witness: --Yes--

3) Counsel: If that JA would be shown to you, will you be able to identify it?

Witness: --Yes--

4) Counsel: Showing to you this JA consisting of ____ pages, is this the one you
executed?

Witness: --Yes--

5) Counsel: On page number ____ of the JA, there appears a name ___(name)___
and a signature. Whose name and signature are these?

Witness: ---That's my name and signature---

6) Counsel: Do you affirm and confirm that the contents of this JA are true and
correct?

Witness: --Yes--

AFTERWARDS --->>> IF THERE ARE DOCUMENTS TO BE IDENTIFIED,


INCLUDE THE FOLLOWING LINES

6-A) Counsel: In Question __(number)__, you mentioned a


___(DOCUMENT)___. If you see this document, will you be able to identify it?
Witness: --Yes--

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6-B) Counsel: Showing to you document marked as Exhibit ______, is this the
document that you are refering to?
Witness: --Yes--

IF THERE ARE NO DOCUMENTS -- OR --- AFTER ALL DOCUMENTS ARE


IDENTIFIED -- END with the following line.

7) I'm through with the witness, your honor.