Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

Fifth Judicial Region
City of Legazpi
Branch 1

MS. AGBS
Plaintiff,

- versus - CIVIL CASE NO. CV-_____

FOR: Unlawful Detainer

MR. WXYZ
Defendants.
x- - - - -- - - - - - - - - - - - - - - - - - - x

JUDICIAL AFFIDAVIT
(Pursuant to SC A.M. No. 12-8-8-SC)

I, AGBS, of legal age, single, Filipino, and residing at1242 10TH Street, Our
Father’s Village, Bitano, Legazpi City Albay, after having been duly sworn to in
accordance with law in answer to the questions asked of me by Atty. WERTYUIOP in
her office at QWERTY Towers, Landco Business Park, Legazpi City on March 5, 2021
at 10:00 A.M. fully conscious that I do so under oath and that I may face criminal liability
for false testimony or perjury hereby depose and state:

Q: Do you own the subject property?

A: Yes, I bought the land sometime in 2010 and has constructed a five-door apartment
on it.

Q: Do you know defendant Mr. WXYZ?

A: Yes.

Q: Why do you know the defendant?

A: Mr. WXYZ is the lessee of Door A, one of the five-door apartment in the property.

Q: Who leased the property to the defendant?

A: I leased the Door A to the defendant.

Q: When was it leased?

A: It was in June 28, 2019.

Q: Was the defendant still paying the monthly rental fees?

A: No.

Q: When did the defendant stopped paying for the rent?

A: It was in September 2020.

Q: How much is the supposed rental fee of the subject property?

A; Ten Thousand Pesos (P10,000.00) per month.
Q: What did you do after defendant’s failure to pay the supposed rental fees?
A: I verbally demanded the unpaid rent for September, then October came. I did the
same, went to the unit and demanded for the payment for September and October. As
for the November 2020, I sent the first written notice to pay and vacate. He promised to
pay on the first week of January as he will be receiving his 13 th month and Christmas
bonus pay. But the first week of January came and no payment was made. I sent the
second notice of pay and vacate on January 15, 2021 giving him another 15 days to
make good on his promise to pay and vacate. On February I filed a complaint with the
Punong Barangay of Bitano.

Q: For how long did the defendant fail to pay rental fees?
A: From September 2020 to February 2021, for six months.

Q: Can you enumerate and identify the documentary evidence to support your
statements?
A: Yes, I can. I have presented the following to support my statements:

a. Transfer Certificate of Title No. T-12345 – to establish that plaintiff Ms.

AGBS is the registered owner of the subject premises.

b. Contract of Lease between the plaintiff and defendant evidencing the

amount of rental per month which is Ten Thousand Pesos (P10,000.00).

c. Written notices demanding payment of unpaid rentals and to vacate the

subject premises

d. Certificate to File Action evidencing the plaintiff’s recourse to the

Katarungang Pambarangay to seek immediate relief and remedy of which
failed and also to comply with the prerequisite before filing the present
action to this Honorable Court.

IN WITNESS WHEREOF, I hereby affix my signature this 5 h day of March 2021

in Legazpi City, Albay.

AGBS
Affiant
 ATTESTATION
I hereby attest that on this 5th day of March 2021, I have personally examined the
plaintiff AGBS; and that I have faithfully recorded or caused to be recorded the
questions asked and the corresponding answers thereto made by her. I further attest
that neither I nor any other person herein present, or assisting me, never coached
AGBS regarding her answers.

March 5, 2021, Legazpi City, Albay.

Atty. WERTYUIOP
                                                        Roll of Attorney No. 123456
                                      IBP No. 12345/10-30-15/Manila
                                                   PTR No. 12345/1-5-16/Manila

SUBSCRIBED AND SWORN to before me this 5 th day of March 2021 in Legazpi

City. Affiants exhibited to me their identification card bearing their photographs and
signatures, as follows:

Name: Issued by/ID No.:

AGBS Passport No. B012345
WERTYUIOP IBP No. – 12345

Known to me to be the same persons who executed the foregoing document.

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

Doc. No. _____; Notary Public

Page No. _____;
Book No._____;
SERIES of 2018.