Republic of the Philippines

REGIONAL TRIAL COURT OF CEBU

7th Judicial Region
Branch 23
Cebu City

WEALTH DEVELOPMENT BANK

CORPORATION, Civil Case No.
Plaintiff, R-CEB-18-01950-CV

-versus- For: Collection of Sum of

Money with Prayer for
LINA L. ALIB & DAISY L. Writ of Preliminary
ZAMORAS Attachment.
Defendants.
x----------------------------------------------/

JUDICIAL AFFIDAVIT
OF
LEOHMAR ANGELIA

I, LEOHMAR ANGELIA, Filipino, of legal age, married, and with

office and postal address at WealthBank- Jammin Lui Bldg., Don
Apolinar, Corner Velez-Gomez St., Cagayan de Oro City, Misamis
Oriental, Philippines, after having duly sworn to in accordance with law,
do hereby depose and state, in question and answer form, as my direct
testimony in the above-captioned case:

I am being examined by Atty. Belteshazzar L. Cabacang,

collaborating counsel for the Plaintiff in the above-entitled case, in his
office at Unit 104, 2nd Flr., Marijoy Bldg., F. Ramos St., Cebu City.

The statement to be taken is in connection with the case entitled

“WEALTH DEVELOPMENT BANK CORPORATION versus LINA L.
ALIB & DAISY L. ZAMORAS and docketed as Civil Case No. R-CEB-
18-01950-CV, RTC Branch 23”.

I answered the questions fully conscious that I do so under oath

and may face criminal liability for false testimony and perjury.
 I identified and authenticated the documentary evidenced
mentioned and attached to this Judicial Affidavit and I warrant that the
same are faithful reproduction of the original document.

OFFER OF PURPOSES OF TESTIMONY

The testimony of the witness is offered to prove the following:

1. Establish that the witness’ testimony is based on authentic records

made and entered in the regular course of business of the plaintiff,
Wealth Development Bank Corporation (“WealthBank” for short)
known to, and ascertained by him, in his professional capacity and in
performance of his duty as _______________;

2. Establish that defendants, obtained a loan with the plaintiff

evidenced by a promissory notes and disclosure statement;

3. Establish that defendant Daisy L. Zamoras is likewise liable for the

loan obligation as a co-borrower;

4. Establish that despite that defendants executed an Authority to

Deduct, their loan obligation to plaintiff remains to be settled;

5. Establish that the loan became matured and remain unpaid even up
to date;

6. Establish that the Promissory Note evidencing the loan obligation of

the defendants provides that delay in the payment of the amortization
due shall be charged with late payment penalty of four percent (4%)
per month of the total due;

7. Establish that the Promissory Note evidencing the loan obligation of

the defendants provides that should the same be not paid upon
maturity, they will be solidarily liable for liquidated damages of four
percent (4%) per month of the total amount due;

8. Establish that the Promissory Note evidencing the loan obligation of

the defendants provides that they shall pay attorney’s fees of ten (10%)
of the total amount collectible, exclusive of cost and other fees for
soliciting the services of a counsel;

9. Establish that despite plaintiff’s repeated demands and earnest

efforts in trying to offer arrangement in settling their obligations,
defendants are remiss and continuously refuses to pay their loan
obligations;

10. Establish that because of the continuous failure and refusal of the
defendants to pay their loan obligation, plaintiff suffered financial loss
equivalent to the total unpaid loans of the defendants. As of March 15,
2018, defendants outstanding loan obligation already stands at
PHP725,382.21;

11. Establish that by reason of defendants’ unjustifiable refusal in

settling their overdue loan obligation, despite demands, plaintiff filed
this case and paid for its filing fees.

12. All other purposes relevant to the foregoing.

PRELIMINARY STATEMENT

1. Q: Please state your name, age, and office address.

A: I am Leohmar Angelia, Filipino, of legal age, and with office

address at WealthBank- Jammin Lui Bldg., Don Apolinar,
Corner Velez-Gomez St., Cagayan de Oro City, Misamis
Oriental, Philippines

2. Q: Do you know why you are here before me?

A: Yes, Sir. I am here to give my testimony with regard to the

entitled case: “Wealth Development Bank Corporation versus
Lina L. Alib & Daisy L. Zamoras with Civil Case No. R-CEB-18-
01950-CV, raffled before RTC Branch 23, Cebu City.

3. Q: You mentioned of Wealth Development Bank

Corporation (“WealthBank” for short), how are you related
to it?

A: It is the corporation whom I am working for.

4. Q: Is this the same WealthBank , the plaintiff in this case?

A: Yes, Sir. They are one and the same.

5. Q: Please state your position and length of service in

WealthBank.

A: I am currently an _______________ of WealthBank-CDO

Branch and I have been working with WealthBank since
__________ up to present.

6. Q: As an__________ of WealthBank, please state for the

record what are your functions, duties and responsibilities?

A: As an __________of WealthBank, my functions, duties and

responsibilities are, as follows:
 (1)
(2)
(3)
(4)
(5)
(6)
(7)
(8) Other responsibilities and tasks that may be assigned from
time to time depending on business needs.

7. Q: Do you have proof of the same?

A: Yes, Sir. I have my Job Description as an __________ of

WealthBank.

8. Q: If shown to you the said document, will you be able to

identify the same?

A: Yes, Sir.

9. Q: I am now showing to you this document entitled Position

Description, what can you say about this?

A: (Examining the document). This is my Position Description

indicating the scope of my functions, duties and responsibilities as an
__________of WealthBank.

10. Q: I am now marking this document as Exhibit “B” and

attaching the same to your Judicial Affidavit, do you confirm
these action?

A: Yes, Sir.

11. Q: How is this machine copy of the document compared to the

original?

A: This is a faithful reproduction of the original document.

12. Q: Do you know Lina L. Alib & Daisy L. Zamoras, the

defendants of this case?

A: Yes, Sir.

13. Q: How did you come to know them?

A: I come to know them because they are loan borrowers of

WealthBank.
14. Q: You mentioned that the defendants obtained a loan with
WealthBank, do you have a proof of this loan?

A: Yes, Sir. The promissory note evidencing their loan obligation with
WealthBank.

15. Q: If shown to you this document, will you be able to identify

the same?

A: Yes, Sir.

16. Q: I am now showing to you this Promissory Note No. 312-003-

01813-0112, what can you say about this?

A: (Examining the document) This is the promissory note executed by

Lina L. Alib as principal borrower and Daisy L. Zamoras as co-borrower
in favor of WealthBank for the amount of PHP445,000.00 on August 8
2013, to mature on September, 2016.

17. Q: Are there any other pertinent terms and conditions of the
Promissory Note agreed to by the Defendants?

A: Yes, Sir. Paragraph 3 of the Promissory Note shows that the

borrowers expressly agree to pay late payment penalty of four percent
(4%) per month of the total amount due in case of delay in the payment
of the amortization dues and another four percent (4%) per month for
liquidated damages should the same be not paid upon maturity.

18. Q: Is this the only pertinent terms and conditions of the

Promissory Note agreed to by them?

A: No Sir. Paragraph 6 of the Promissory Note shows that the

borrowers expressly agree to pay attorney’s fees of ten (10%) of the
total amount collectible, exclusive of cost and other fees should it
become necessary to endorse the Note to an attorney for collection
thereof.

19. Q: On the bottom portion of this promissory note, there seems

to be a name Lina L. Alib and Daisy L. Zamoras and signatures
appearing above thereon, whose names and signatures are
these?

A: These are the names and signatures of Lina L. Alib and Daisy L.
Zamoras.

20. Q: How did you come to know that these are the names and
signatures of Lina L. Alib and Daisy L. Zamoras.
A: As ____________ of WealthBank, I am very much familiar with their
signatures because I was able to verify the same and likewise have
access to their loan documents.

21. Q: I am now marking this document as Exhibit “C”, bracketing

and collectively marking the Loan Amount, Date Granted,
Promissory Note No. and Maturity Date as Exhibit “C-1”,
bracketing and marking paragraph 3 hereof as Exhibit “C-2”,
bracketing and marking paragraph 6 hereof as Exhibit “C-3”,
bracketing and marking the names of Lina L. Alib and Daisy L.
Zamoras and the signatures appearing above thereon found on
the bottom portion hereof as Exhibit “C-4” and attaching the same
to your Judicial Affidavit, do you confirm these actions?

A: Yes, Sir.

22: Q: How is this machine copy of the document compared to the

original?

A: This is a faithful reproduction of the original document.

23: Q: Were the borrowers informed of the finance charges

relative to their loan?

A: Yes, Sir. They were informed.

24. Q: Do you have proof for this?

A: Yes, Sir. The Bank furnished to them a Disclosure Statement of

Loan/Credit Transaction.

25. Q: If shown to you the said document, will you be able to

identify the same?

A: Yes, Sir.

26. Q: I am now showing to you this document entitled Disclosure

Statement of Loan/Credit Transaction, what can you say about
this?

A: (Examining the document) This is the same Disclosure Statement

of Loan/Credit Transaction that the bank furnished to Lina L. Alib and
Daisy L. Zamoras corresponding to the Promissory Note No. 312-003-
0813-0112 for the amount of PHP445,000.00.
27. Q: I am now marking this document as Exhibit “D” and
attaching the same to your Judicial Affidavit, do you confirm
these actions?

A: Yes, Sir.

28. Q: How is this machine copy of the document compared to the

original?

A: This is a faithful reproduction of the original document.

29. Q: Do you know what is the type of loan obtained by the

defendants?

A: Yes, Sir. They obtained a DepEd Salary Loan.

30. Q: Do you have proof for this?

A: Yes, Sir. The DEPED Salary Loan Application Form.

31. Q: If shown to you this document, will you be able to identify

the same?

A: Yes, Sir.

32. Q: I am now showing to you this document entitled DEPED

Salary Loan Application Form, what can you say about this?

A: (Examining the document) This is the same DEPED Salary

Application Form that the defendants filled-out showing the type of loan
they obtained.

33. Q: I am now marking this document as Exhibit “E” and

attaching the same to your Judicial Affidavit, do you confirm
these actions?

A: Yes, Sir.

34. Q: How is this machine copy of the document compared to the

original?

A: This is a faithful reproduction of the original document.

35. Q: Would you know the manner of payment of the defendants?

A: Yes, Sir. Their payment is through Payroll Deduction.

36. Q: Do you have proof for this?

A: Yes, Sir. The Authority to Deduct executed by the defendants.

37: Q: If shown to you the said document, will you be able to

identify the same?

A: Yes, Sir.

38. Q: I am now showing to you this document entitled Authority

to Deduct, what can you say about this?

A: (Examining the document) This is the same Authority to Deduct

executed by the defendants authorizing the Regional Payroll Service
Division of the DepEd or its Paymaster to deduct from their salary the
amounts corresponding to the monthly amortization due.

39. Q: I am now marking this document as exhibit “F” and

attaching the same to your Judicial Affidavit, do you confirm
these actions?

A: Yes, Sir.

40. Q: How is this machine copy of the document compared to the

original?

A: This is a faithful reproduction of the original document.

41. Q: Since defendants executed an Authority to Deduct in favor

of plaintiff, isn’t it, that plaintiff should have been surely paid?

A: Supposedly, Sir. But the paymaster could no longer deduct from the
salary of defendants as they have other payables from undisclosed
creditors. This fact is also exacerbated by the rule on “Mandatory Net
Take Home Pay” wherein public school teachers would receive
PHP5,000.00 from their salary at the very least, despite supposed
payments of various debts.

42. Q: Do you mean to say that despite this payment facility,

plaintiff remains to be unpaid?

A: Yes, Sir. Despite this payment facility, plaintiff remains to be unpaid

until its maturity and even up to this date.

43. Q: What did plaintiff do, when it did not receive any payment
from defendants?

A: Plaintiff sent a final demand letter to defendants.

44: Q: Do you have proof for this?

A: Yes, Sir. The final demand letters sent by our lawyer to the
defendants

45. Q: If shown to you these document, will you be able to identify

the same?

A: Yes, Sir.

46. Q: I am now showing to you this document dated March 19,

2018, what can you say about this?

A: (Examining the document) This is the same Final Demand Letter

sent by our lawyer, to the defendant, Lina L. Alib on March 19, 2018
demanding for payment of their matured loan obligation of PHP
725,382.21.

47. Q: I am now marking this document as Exhibit “G” and

attaching the same to your Judicial Affidavit, do you confirm
these actions?

A: Yes, Sir.

48. Q: How is this machine copy of the document compared to the

original?

A: This is a faithful reproduction of the original document.

49. Q: Do you have a basis for the amount demanded?

A: Yes, Sir. The Statement of Account attached to the Final Demand

Letter.

50. Q: If shown to you this document, will you be able to identify

the same?

A: Yes, Sir.

51. Q: I am now showing to you this document entitled Statement

of Account as March 15, 2018, what can you say about this?

A: (Examining the document) This is the same Statement of Account

attached to the Final Demand Letter sent to defendant, Lina L. Alib
which shows that, at that time, the matured loan obligation already
stands at PHP725,382.21.
52. Q: I am now marking this document as exhibit “H” and
attaching the same to your Judicial Affidavit, do you confirm
these actions?

A: Yes, Sir.

53. Q: How is this machine copy of the document compared to the

original?

A: This is a faithful reproduction of the original document.

54. Q: I am also showing to you this another document dated

March 19, 2018, what can you say about this?

A: (Examining the document) This is the same Final Demand Letter

that our lawyer sent to defendant, Daisy L. Zamoras on March 19, 2019
demanding for payment of the matured loan obligation of
PHP725,382.21.

55. Q: I am now marking this document as Exhibit “I” and

attaching the same to your Judicial Affidavit, do you confirm
these actions?

A: Yes, Sir.

56. Q: How is this machine copy of the document compared to the

original?

A: This is a faithful reproduction of the original document.

57. Q: Do you have a basis for the amount demanded?

A: Yes, Sir. The Statement of Account attached to the Final Demand

Letter.

58. Q: If shown to you this document, will you be able to identify

the same?

A: Yes, Sir.

59. Q: I am now showing you this document entitled Statement of

Account as of March 15, 2018, what can you say about this?

A: (Examining the document) This is the same Statement of Account

attached to the Final Demand Letter sent to defendant, Daisy L.
Zamoras which shows that, at that time, the matured loan obligation
already stands at PHP725,382.21.
60. Q: I am now marking this document as Exhibit “J” and
attaching the same to your Judicial Affidavit, do you confirm
these actions?

A: Yes, Sir.

61. Q: How is this machine copy of the docuemnt compared to the

original?

A: This is a faithful reproduction of the original document.

62. Q: Did the defendants heed with the demand to pay?

A: No, Sir. Same as before. Defendants continuously fail and refuse to

settle their loan obligation, despite final demand which have cause
financial loss to the plaintiff equivalent to the total unpaid obligations of
the defendants in the amount of PHP725,382.21 as of March 15, 2018.

63. Q: Since defendants continuously fail and refuse to settle their

loan obligation, despite final demand, what then did the plaintiff
do?

A: Plaintiff filed this instant case for collection.

64. Q: By reason of this instant case for collection, did plaintiff

incur expenses for litigation?

A: Yes, Sir. Plaintiff paid for the filing fees of this case.

65. Q: Do you have proof for this?

A: Yes, Sir. The Official Receipts issued by the RTC-OCC, Cebu City.

66. Q: If shown to you this documents, will you be able to identify

the same?

A: Yes, Sir.

67. Q: I am now showing to you this Official Receipts with Nos.

5522464 and 5522465, what can you say about these?

A: (Examining the document) These are the same Official Receipts

evidencing payment for the filing of this case in the total amount of
PHP19,027.99.

68. Q: I am now marking these documents as Exhibits “K” and “K-

1” and attaching the same to your Judicial Affidavits, do you
confirm these actions?
A: Yes, Sir.

69. Q: How are these machine copy of the document compared to

the original?

A: These are faithful reproductions of the original documents.

70. Q: Do you wish to say something any further?

A: That is all for now, Sir.

AFFIANT FURTHER SAYETH NAUGHT.

Counsel: That would be all for the witness, Your Honor.

Republic of the Philippines)

City of Cebu…………………….) S.S.

I have executed this Judicial Affidavit in order to attest to the truth

of the foregoing and as part of my direct testimony for the above-
captioned case.

IN WITNESS WHEREOF, I have hereunto affixed my signature

this ___th day of March, 2019 at Cebu City, Philippines.

LEOHMAR ANGELIA

Affiant

ID NO.______________

SUBSCRIBED AND SWORN to before me, a NOTARY PUBLIC

in and for Cebu City, on the date and at the place first above written.
Affiant personally known to me and further exhibited to me the
competent proof of identity as required by the 2004 Rules on Notarial
Practice written below the name and signature of the same person
executing this document.

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Page No. ___
Book No. ___
Series of 2019

SWORN ATTESTATION

I, ATTY. BELTESHAZZAR L. CABACANG, of legal age,

Filipino, with office address at Unit 104, 2nd Flr., Marijoy Bldg., F.
Ramos St., Cebu City, under oath, hereby depose and state that:

I faithfully recorded the questions propounded upon the witness,

MR. LEOHMAR ANGELIA, and the corresponding answers given, and
reduced the same into a Judicial Affidavit in lieu of the direct testimony
of the said witness in relation to the above-captioned case pending
before the Regional Trial Court of Cebu City, Branch 23.

Neither I, nor any other person present during such endeavor

coached or influenced the witness regarding his answers.

I attest to the truth of the foregoing statements, in compliance

with law and for whatever legal intents and purposes this may serve.

IN WITNESS WHEREFORE, I have hereunto affix my signature

this ___th day of March 2019, in Cebu City, Philippines.

BELTESHAZZAR L. CABACANG
Affiant
Roll ID No. 67368
IBP No. IBP No. 056482, 12/11/18,
Cebu- For 2019

SUBSCRIBED AND SWORN TO before me, a NOTARY

PUBLIC in and for CEBU CITY, on the date and place first above
written, Affiant personally known to me and further exhibited to me the
competent proof of identity as required by the 2004 Rules on Notarial
Practice written below the name and signature of the same person
executing this document.
Doc No. ___
Page No. ___
Book No. ___
Series 2019.