Republic of the Philippines }

City Of Davao }
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AFFIDAVIT

I _____________________, Filipino, of legal age, married and a resident of 24 Juna

Avenue, Juna Subdivision, Matina, Davao City, hereby depose and say, THAT:

1. I personally know _______________, Filipino, of legal age, married and a resident of

_______ __________., Panorama, Davao City;

2. On July 21, 2021, in consideration of THREE HUNDRED SEVENTY THOUSAND

(Php 370,000.00) PESOS, I purchased a motor vehicle from _____________, through a
car dealer, with the following descriptions:

Make : Toyota
Motor no. : ________
Serial Chassis No. : _____
Plate No. : _________
Type : Wagon
Color : W. red

3. It was ___________ who prepared and drafted the deed of sale and was the one who took
care of the processing of the sale;

4. ____________ expressly incorporated in paragraph 4 of the deed of sale which he

prepared, signed and had notarized before a notary public the following warranties:

“The VENDOR warrants that he is the absolute owner of the above described motor
vehicle and that the same is free from all liens and encumberances and from any
and all claims of whatever nature and kind……..”

5. Where it not for the misrepresentation by the defendant that the above-described property
was free from any encumberance, then I would not have purchased the said motor
vehicle;

6. Despite the warranty stipulated in the contract that the motor vehicle sold by _________
was free from all liens and encumberances and from any and all claims of whatever
nature and kind, the said property, was actually encumbered with Philippines Savings
Bank;

7. Due to the misrepresentation by ____________ that the motor vehicle sold was free from
any lien or encumberance, I was mischievously misled to pay the amount of THREE
HUNDRED SEVENTY THOUSAND (Php 370,000.00) PESOS, to him;

8. Sometime on July 29, 2021, I was shocked and humiliated when I was notified for the
first time that the said motor vehicle was encumbered and that the sheriff, deprived me of
my possession over the above-described vehicle by virtue of the writ of replevin issued
by the Regional Trial Court, Branch ___, ____ City, National Capital Region;

9. By virtue of the said encumberance, the above-described motor-vehicle sold by

___________, was seized by virtue of a writ of replevin;

10. I made several demands to Manuel Yap for the payment/return of the THREE
HUNDRED SEVENTY THOUSAND (Php 370,000.00) PESOS, with the assistance of
_____________;
11. _____________, personally talked to me, regarding the motor vehicle and the person to
whom he purchased the same, but still he refused to pay;

12. I was forced to send a letter of demand to __________, through counsel;

13. ___________ still vehemently refused to reimburse me of the said payment but instead
sent me a letter of response, denying his liability through counsel ___________;

14. I even made earnest effort to settle the case through the barangay by filing a barangay
complaint;

15. During the mediation process, ____________ still stubbornly refused to settle his
obligation and boasted that the action has prescribed;

16. Since all my efforts ended up being futile, I was left with no recourse but to file the
instant case against him;

17. While I was in possession of the motor vehicle, I incurred necessary expenses for the
maintenance and preservation of the said motor vehicle at the amount of Thirty Two
Thousand Five Hundred (Php 32,500.00) Pesos;

18. Due to the misrepresentation of ____________, I in uttermost good faith, relied upon the
warranty given by the former and caused me to spend so much expenses for the
enhancement of the vehicle;

19. I was not able to enjoy the motor vehicle including the improvements I introduced since
the vehicle was taken away from me due to the encumberance upon it;

20. Due to the refusal of ___________ to return and reimburse the money I paid to him,
despite repeated demands, I was constrained to hire the services of counsel and paid him
pay 25% of the principal obligation for and as attorney’s fees and appearance fee of Php
1,000.00 per court appearance;

21. I likewise incurred Php 40,000.00 as litigation expenses;

22. In order to deter others from committing the same acts, I am praying that this Honorable
court to adjudge ___________ to pay exemplary damages in the amount of Php
50,000.00 aside from the principal obligation amounting to Php 370,000.00 and my
necessary expenses for the preservation of the vehicle amounting to Php 32,500.00, and
the cost of litigation and attorney’s fee;

23. I am executing this instrument to attest the truthfulness and correctness of the above
stated facts to the best of my personal knowledge;

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

____________________, at Davao City, Philippines.

__________________________
Affiant
SUBSCRIBED AND SWORN TO before me this ____ day of _______________ at
Davao City, Philippines. I hereby certify that I have examined the affiant personally and that
I m satisfied that she voluntarily executed this affidavit and understood the same.