Republic of the Philippines

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
Antipolo City, Rizal, BRANCH 62

ABC TRADING INC.

Plaintiff

-versus- CIVIL NO. 123456

For: Collection of Sum of Money

Bella, Cathy & Donna Partnership

Respondent
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JUDICIAL AFFIDAVIT
OF
NOEL S. CRUZ-HERRERA

This Judicial Affidavit of Noel S. Cruz-Herrera, the petitioner is executed to

serve as his direct testimony in the instant case.

This Judicial affidavit is being offered to prove:

A. All the allegations in the Collection for Sum of Money including all
annexes appended thereto;
B. All other related matters, facts and circumstances relevant and material to
this case.

This Judicial Affidavit was taken at the office of Atty Warlito Labis at 4A
Macrohon Building, Campaner Street, Antipolo City. Questions were propounded
by Atty. Labis and these questions are number consecutively and each question is
followed by the answer of the witness.

1. Q: Do you swear to tell the truth and nothing but the truth?
Ans: I do Atty.
2. Q: Do you confirm that you are being examined today under my
supervision here at my office?
Ans: I confirm atty
3. Q: Are you aware that you may face criminal liability for false testimony or
perjury if you will not tell the truth?
Ans: Yes, I am.

4. Q: Please state your name, age, civil status, address and occupation?
Ans: I am Noel S. Cruz-Herera, 56 years old, married and residing at 437
Luntian St., Brgy Dalig, Antipolo City. I am the President of ABC
Trading, Inc. located at the same address.

5. Q: Are you the same Noel S. Cruz-Herrera referred to as Petitioner in this

case?
Ans: Yes, Atty.

6. Q: Mr. Cruz-Herrera, why are you executing this judicial affidavit?

Ans: I am executing this judicial affidavit to support my complaint against
Bella, Cathy & Donna Partnership

7. Q: What is the basis for your complaint?

Ans: Bella, Cathy & Donna Partnership failed to settle their unpaid
balances to ABC Trading, Inc. despite of repeated demands.

8. Q: What is ABC Trading, Inc.?

Ans: ABC Trading is a domestic corporation engaged in selling
construction and handicraft materials.

9. Q: Do you know the respondents?

Ans: Yes. Bella, Cathy and Donna are our regular customers. They
introduced themselves as BCD Partnership engaged in the business of
manufacturing, selling and exporting handicraft products.

10, Q: What happen next?

Ans: ABC Trading, Inc entered into a sales agreement with BCD
Partnership
11. Q: Did you bring a copy of the Sales Agreement?
Ans: Yes, I did

May we move that the Sales Agreement consisting of one (1) page be marked as
Annex “A”.

12. Q. What happened next after the execution of the Sales Agreement?
Ans: BCD Partnership purchased various handicraft materials from January
2019 up to December 2019.
13. Q: What is your agreement regarding payment for purchases?
Ans: Purchases made will be on a sixty (60) day credit term, with the
condition that 20% interest per annum would be charged on all
accounts overdue. ABC Trading shall invoice BCD Partnership.

14. Q: Is the agreement satisfied? How?

Ans: The sales invoices prepared by the cashier, Ms. Ana Portia Banal and
the statement of accounts prepared by the Finance Manager, Ms.
Brichel Mae Lasam were sent to BCD Partnership on their respective
agreed date.

15. Q: Do you have a copy of the aforesaid documents?

Ans: The documents were submitted to you by Atty by Ms Banal and
Lasam.

May we move that the ABC Trading Inc. Sales Invoice Nos. 000001, 000002,
000003, 000004 each consisting of one (1) page be marked as Annex “B”.
Likewise, ABC Trading Inc. Statement of Accounts dated 15 March 2019, 15 June
2019, 01 September 2019 and 15 December 2019 each having a single page be
marked as Annex “C”.

16. Q: What happen next?

Ans: BCD Partnership issued postdated checks on the above given dates.

17. Q: And then?

Ans: All issued postdated checks were dishonored by BDO upon deposit
for being “drawn against insufficient fund”. Moreover, the issued
 Union Bank check in replacement for the dishonored BDO postdated
checks was likewise dishonored for being an “Account Closed”

18. Q: Do you know the total amount of the unpaid checks? How much?
Ans: Yes Atty. One Million Five Hundred Sixty Three Thousand One
Hundred Four Pesos and twenty two centavos (P1,563,104.22)

19. Q: Do you have a copy of the said postdated checks?

Ans: Yes Atty.

May we move that BDO postdated checks issued by BCD Partnership payable to
ABC Trading Inc. bearing Check Nos 000001, 000002, 000003, 00004 and Union
Bank postdated check no. 000001 be marked as Annex “D”.

20. Q: Is BCD Partnership aware of the dishonored postdated checks? How?

Ans: Yes Atty. Repeated demands in writing were forwarded to them not
only to inform them of the dishonored checks but also for the
immediate payment of the purchases in accord our agreement.

21. Q: Do you have a copy of the demand letters?

Ans: Yes Atty.

May we move that ABC Trading Inc. demand letter dated 18 March 2019, 18 June
2019, 06 September 2019, 23 December 2019 each consisting of one (1) page and
Labis Law Office demand letter 20 January 2020 consisting of two (2) pages be
marked as Annex “E”.

22. Q: Do you confirm the truthfulness of all the allegations in your

judicial affidavit.
Ans: Yes Atty.

23. Q Do you confirm the veracity and truthfulness of the documentary

exhibits in your judicial affidavit?
Ans: Yes Atty.
Affiant further sayeth naught.

Noel Cruz-Herrera

Affiant

SUBSCRIBED AND SORN to before me this 15 of February 2020 at Antipolo

City, Affiant exhibiting to me Driver’s License 1234567890 expiring on
September 15, 2022.

Doc. No. 1238:

Page No. 436:
Book No. 238:
Series of 2020.
 ATTESTATION

I hereby state, under oath, that I faithfully recorded the questions I asked and
the corresponding answers that the witness gave and that neither I nor any other
person present or assisting me has coached the witness regarding the latter’s
statement.

ATTY WARLITO LABIS

Doc. No. 1239:

Page No. 437:
Book No. 239:
Series of 2020.

Copy furnished:
Office of the City Public Prosecutor
Antipolo City