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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


NATIONAL CAPITAL JUDICIAL REGION
BRANCH 9876

LIZ UY,
Plaintiff,

- versus - Civil Case No. 16-100


For: Collection of sum
of money and preliminary attachment

LAU UY
Defendants.
x---------------------------------------x

JUDICIAL AFFIDAVIT
OF
DEFENDANT LIZ UY

This Judicial Affidavit of Liz Uy is executed to serve her direct testimony in


the instant case.

I, Liz uy, of legal age, married, and living at Unit 612, MayForever
Condominium, Makati City, defendant in this case, state under oath as
follows:

PRELIMINARY STATEMENT

The person examining me is Atty. Gabrielle Pundavela with office address


at Batas Patas 8th St. and Associates Law Office, Law Bldg., Makati
Avenue, Makati City. The examination 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.

PURPOSE: This affidavit/testimony of defendant Liz uy is being offered to


prove that the plaintiff Lau Uy and co-defendant and spouse, Ren Uy, did
not enter into a Contract of Loan, and assuming that they did, herein
defendant has no knowledge and/or participation to the said transaction
alleged in the subject complaint.
Defendant will also prove that the checks, allegedly issued for security of
the alleged loan, which is in her name, were not issued by her for the said
purpose.

Q. Please state your name and other personal circumstances for


the record.
A. I am Liz uy, a Filipino and of legal age. I am
married to Ren Uy. I live at Unit 612, MayForever
Condominium, Makati City.

Q. Do you know why you are here?


A. Yes, because I am one of the defendants in a suit filed by Mr. Lau Uy.

Q. Do you know Mr. Lau Uy?


No, Maam.

Q. But have you met him personally?


No, Maam.

Q. What is the job of your spouse?


He is the Chief Operating Officer of the MoneyMoney Corp.

Q. Do you know his relationship or connection with Mr. Lau Uy?


No, Maam.

Q. But with the best of your knowledge, what kind of transaction


did your husband and Mr. Uy entered into?
An investment.

8. Q. I am showing you this document, herein referred to as “Exhibit


C.” Do you know this document?
A. Yes Maam.

9. Q. What is this document?


A. The checks named in my account.

10. Q. Who signed this document?


A. Myself.

11. Q. What is your purpose for signing it?


It was intended for the payment for a house we are planning to buy.

12. Q. According to the information, these checks were actually lost?


A. Yes, Maam.
13. Q. How was it lost?
A. My husband, after attending a meeting, left the envelope
containing such checks.

14. Q. Then, what happened?


A. My husband called me that the checks were lost.

15. Q. What did you do after knowing the lost of the checks?
I called my bank, informed the Manager that said check were lost. I also
sent them a letter informing the same and requested for “stop payment”
for the lost checks to which the bank in a letter acknowledged.

16. Q. Do you have proof of such acknowledgment?


A. Yes Maam. I have the bank’s acknowledgment letter (Annex “5”).

IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of


February 2016.

Liz uy
Affiant

SWORN ATTESTATION

The undersigned hereby attests that, as counsel of the witness, he faithfully


recorded the questions he asked and the corresponding answer of the
witness and that he did not coached the witness’ answers to the questions
propounded.

ATTY. BERNADETTE BADE


NOTARY PUBLIC
Until December 31, 2016
PTR No. 64965557-07 – 01/05/2014
IBP No. 761988-01 – 01/05/2014
Both in Makati City
MCLE Compliance No. 0034255
Doc. No. 245;
Page No. 35;
Book No. 42;
series of 2016
OBJECTIONS TO THE DIRECT EXAMINATION

1. Number 7 – objection to the question as it is an apinion of the


witness
2. Number 13 – objection to the question as it is hearsay
CROSS EXAMINATION OF WITNESS LIZ UY

Atty. Anjo: Permission to conduct cross-examination, your Honor


Judge: Proceed

Atty. Anjo: Do you have your own Checking Account?


Liz: Yes
Atty ANJO: How about Mr Ren Uy?
Liz: yes
Atty ANJO: how about a joint checking account?
Liz: we don’t have that
Atty ANJO: do you usually allow Mr Ren Uy to use your own checking
account?
Liz: Yes
Atty ANJO: when you sign a check, do you not have any hesitation or
doubts before signing it?
Liz: not at all times
Atty ANJO: why do you think that?
Liz: because I trust my husband
Atty ANJO: so you just sign for him?
Liz: yes
Atty ANJO: without any hesitation or doubt?
Liz: yes
Atty ANJO: you don’t even check the recipient of the check?
Liz: no, sir

Atty Anjo: No more questions, your Honor


REDIRECT CROSS EXAMINATION OF LIZ UY

Atty. Gabrielle: Permission to conduct redirect-examination,, your Honor


Judge: Proceed

Atty Gabrielle: So Ms Liz Uy, as you’ve mentioned before, you don’t have a
joint checking account with your husband. Can you tell us why?
Liz: We’re planning to but we’re very busy and can’t afford to lose a day
applying for an account
Atty Gabrielle: you’ve mentioned also that your husband has his own
checking account. Correct?
Liz: yes
Atty Why didn’t he use it at the time of the alleged contract of loan?
Liz: because he was out of check. He already requested it to the bank but
still needs 3 days before it is available
Atty do you usually do background check for recipients of the check?
Liz: no
Atty is it a common practice to check backgrounds before signing a check?
Liz: on my part, no
Atty: what do you usually look for before signing?
Liz: only the name and the amount
Atty did you ever encounter a check with the name of Mr Lau Uy?
Liz: No, atty

Atty Gabrielle: No more questions, your Honor

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