REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT

Eighth Judicial Region
Municipality of Palo
Province of Leyte

KRUL ACOSTA,
Plaintiff,
                         CIVIL CASE No. 0329018
-versus-               FOR: Unlawful Detainer

LANDO TAGIYA,
                      Defendant.

x-----------------------------------x

JUDICIAL AFFIDAVIT OF
KRUL ACOSTA

I, KRUL ACOSTA of legal age, Filipino citizen, single, with residence and
postal address at #55 Riverdale Subdivision, Brgy. Campetic, Palo, Leyte,
petitioner of this case, state under oath as follows:

PRELIMINARY STATEMENT

The person examining me is ATTY. PAMELA M. DOLINA with residence

and postal address at 604 San Roque St., Brgy. Guindapunan, Palo, Leyte.
The examination is being held at Dolina Law Office, 15 th Floor J and J
Towers, San Jose, Tacloban City. I am answering the questions fully
conscious and that I do so under oath and I may face criminal liability for
false testimony and perjury.

OFFER OF TESTIMONY

The affidavit/testimony of KRUL ACOSTA is being offered to prove that

the defendant LANDO TAGIYA is obliged to pay plaintiff the amount of
Ninety Thousand Pesos (Php 90,000.00). Likewise, the plaintiff’s testimony
is offered to prove that the defendant LANDO TAGIYA unlawfully refused
to pay the lawful demand of the plaintiff.

1. Q: Please state your name and other personal details for the
record.
A: I am KRUL ACOSTA, 37 years old, Filipino citizen, single,
businessman and with residence and postal address at
#55 Riverdale Subdivision, Brgy. Campetic,
Palo, Leyte;

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2. Q: How are you related to the Krul Acosta who is the plaintiff in
Civil Case No. 0329018 for Unlawful Detainer which is
pending before the Palo Municipal Trial Court?
A: I am the same Krul Acosta;
3. Q: Do you know a certain Lando Tagiya?
A: Yes Ma’am, he is currently occupying one of my properties and
owes me Php 120,000.00;

4. Q: How was defendant, Lando Tagiya, able to occupy your

property?
A: I leased my property located in Brgy. Arado, Palo, Leyte to Mr.
Lando Tagiya for P 15,000.00 a month as rental to
be paid every first week of each month from March
01, 2018 to February 28, 2020, a copyof the lease
contract is marked as exhibit “A”;

5. Q: How did the P 120,000.00 obligation of Mr. Lando

Tagiya come about?
A: The defendant failed to pay the agreed rental fee from March
01, 2019 up to the present;

6. Q: What did you do to collect the payment from Mr.

Tagiya?
A: On May 16, 2019, after not receiving rental payment from Mr.
Tagiya for two months I personally went to the location
of said property to talk to him (Mr. Tagiya) and ask
for the payment to which he requested that he be given
another week to settle his obligation, however,
after two weeks of waiting and up until now I still
did not receive any payments from him.

7. Q: What did you do after that?

A: I sent a demand letter for him to vacate the property within 15
days from the date of receipt which was received by the
defendant as shown in the demand letter hereto attached as
Annex “B”;

8. Q: What did the defendant do after receiving the Demand letter?

A: He executed a Promissory Note (marked as Exhibit “C”) stating
therein that he will pay me in full on or before September
15, 2019 and again, I have not heard nor received any
payment from him;

9. Q: What other actions did you take to settle the issue with Mr.
Tagiya
A: After several failed attempts to collect payment from Mr.
Tagiya I sought the assistance of the barangay
officials to which we were asked to appear in the

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 Barangay Hall last October 01, 2019, copy of the
Summon is marked as Exhibit “D”;

10.Q: Was the issue settled in the Barangay?

A: No Ma’am, unfortunately Mr. Tagiya still refused to pay and
vacate my property which prompted the barangay to
issue a Certificate to File Action attached hereto as
Exhibit “E”;

11.Q: Do you attest to the truthfulness and veracity of the contents of

your judicial affidavit?
A: Yes, Ma’am.
 
IN WITNESS WHEREOF, I have hereunto set my hand this 6th day of
November 2016 at Tacloban City.

KRUL ACOSTA
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for

Tacloban City, Leyte this 6th day of November 2019. Affiant personally
came and appeared with Voter’s ID issued by the COMELC on July 13,
2012 at Tacloban City bearing his photograph and signature, known to me as
the same person who personally signed the foregoing instrument before me
and avowed under penalty of law to the whole truth of the contents of said
instrument. 

City of Tacloban, November 06, 2019.

ATTY. PAMELA M. DOLINA

Doc. No. ____ Roll of Attorney No. 09221980
Page No. ____ IBP No. 10136/07-9-24/Tacloban
Book No. ____ PTR No. 338897/06-22-24/Tacloban
Series of 20___ Notary Public for Tacloban City,
Leyte
Until December 31, 2019
Office: Dolina Law Office, 15th Floor
J and J Towers, San Jose,
Tacloban City

I, PAMELA M. DOLINA, of legal age, Filipino, with postal address 15th

Floor J and J Towers, San Jose, Tacloban City after being duly sworn depose
and say:

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1. I was the one who conducted the examination of plaintiff Krul Acosta
at the abovementioned address of my office in Tacloban City;

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

have asked and the corresponding answers given by the plaintiff;

3. I nor any other person or persons then present or assisting him

coached the plaintiff regarding his answers;

IN WITNESS WHEREOF, I have hereunto set my hand this 6th day of

November at Tacloban City, Leyte.

ATTY. PAMELA M. DOLINA

Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for

Tacloban City, Leyte this 6th day of November 2019. Affiant is personally
known to me.

WITNESS MY HAND AND SEAL on the date and place first above written.

ATTY. JENNIFER L. SAJGNOL

Doc. No. ____ Commission Serial No. 322168
Page No. ____ Notary Public for Tacloban City,
Leyte
Book No. ____ Until December 31, 2019
Series of 20___ Roll No. 987654
IBP Lifetime Roll No. 12345-56;
05/25/14; Tacloban
PTR No. 123457 04/25/14 ; Tacloban

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