Professional Documents
Culture Documents
-versus-
XYZ,
Defendant
x----------------------------------x
JUDICIAL AFFIDAVIT
(Pursuant to SC AM-8-8-SC)
Q: How are you related to ABC, the plaintiff in the civil case 123456
before the Municipal Trial Court in Cities at ____ for unlawful
detainer against XYZ?
A: I am the same, sir.
Q: Do you know the defendant XYZ?
A: Yes, he is the lessee that is leasing a stall in my commercial
builcing located at ______________. The contract of lease is marked
as Exhibit “A”.
Q: How did the defendant XYZ was able to occupy your property?
A: XYZ asked me to lease a stall in my building to her for a period of
18 months starting January 2018 until June 2019 to sell dry goods for
and in consideration of P20,000.00 monthly rental.
Q: What did you do after the said defendant failed to pay his rental
payment for the month of April 2019?
A: On May 02 2019, I made an oral demand for the payment of
rental for the month of April 2019 but defendant XYZ asked for an
extension of payment since she was not able to sell goods for some
time.
Q.: Did defendant submitted the payment of her rental for the
months of April and May?
A: No, sir. She asked for another extension and made a promise that
she will pay me if her sister-in-law will return the money she
borrowed from her but no payment was made within three (3)
months.
A.: Yes, sir. At the expiration of the ten-day grace period and
respondent still has not made his payment and consistently refused
to vacate the stall premises, I went to the Barangay Office at -
__________ to seek for the possibility of conciliation but respondent
failed to appear.
Q: Do you have any document or proof that you seek for a Barangay
Conciliation?
A: Yes, sir. A Certification to File Action was issued from Barangay
Bulanao. Herein attached as Annex “D”.
Q: What step did you take after the refusal of the defendant, XYZ for
the amicable settlement and refusal to pay the unpaid rentals and
vacate the property?
A: I filed an action before the Municipal Trial Court in Cities of
______ City 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 P20,000.00 starting April 2019 up
to June 2019 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 “E”.
______________
AFFIANT
ATTESTATION
I hereby attest that on this 25th day of July 2019, I have
personally examined the plaintiff, ABC; 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
ABC regarding her answers.
NOTARY PUBLIC