Republic of the Philippines

11th Judicial Region

REGIONAL TRIAL COURT
Branch ___
Davao City

RONALDO DELA CRUZ Civil Case No. 90210

Plaintiff,
-versus-
UNIGLOW CORPORATION, For: Collection of Sum of Money
Represented by its President
RODRIGO SWERTE
Defendant.
x-------------------------------------x

JUDICIAL AFFIDAVIT

PRELIMINARY STATEMENT

This affidavit is executed by RODRIGO SWERTE in answer to

questions propounded to him by ATTY. AMIR ESSAM N. IBRAHIM
on the 4th day of February 2021 at the latter’s office address at
Ibrahim Law Office, 921 Building 6, Gwapo Street, Barangay
Habulin, Davao City. The questions were asked and answered in
English, a language known to the affiant. The affiant, expressly
manifested that he is answering the question asked to him, fully
conscious that he is doing so under oath and that he may face
criminal liability for false testimony or perjury.

This testimony of the witness is offered to prove that UNIGLOW

CORPORATION cannot be made to pay.

QUESTIONS AND ANSWERS

Q1: Please state your name, age, and other personal circumstances
for the record.
A1: I am Rodrigo Swerte, 30 years old, single, and a resident of
Mintal, Davao City. I am the President and Representative of Uniglow
Corporation in this action.

Q2: What is the purpose of your visit to this office?

A2: I am here to give my voluntary testimony as witness in relation
to the action for collection of sum of money filed against Uniglow
Corporation.
Q3: Do you know the complainant?
A3: Yes, but not personally.

Q4: How did you come to know about the complainant?

A4: Complainant was a client of the corporation for delivery of tables
and chairs to public schools.

Q5: How much was the contract price?

A5: 15 million pesos.

Q6: Did you agree on how this payment shall be made?

A6: Yes.

Q7: How?
A7: For the first deliveries, P5M on August 2019 then P3M on
December 2019.

Q8: How about the remaining P8 Million?

A8: It (the payment) was suspended due to the pandemic.

Q9: What were the terms of suspension?

A9: We agreed to suspend payment for January and March 2020. The
plaintiff allowed us until July 31, 2020.

Q10: How did you agree on this suspension?

A10: We executed a Memorandum of Agreement.

Q11: What were the contents of the Memorandum of Agreement?

A11: Plaintiff granted extension of up to July 31, 2021.

Q12: Were you able to pay?

A12: Yes. We paid him P7Million.

Q13: What was the mode of payment?

A13: It was tendered in Check.

Q14: When did you make payment?

A14: As early as July 30, 2020.

Q15: Did the plaintiff receive such payment?

A15: Yes. In fact he executed this (acknowledgment receipt).
(Manifestation: Defendant points to documentary evidence which is
an acknowledgment receipt).
Q16: Do you have anything else to add?
A16: No more.

IN WITNESS WHEREOF, I have hereunto affixed my signature

this 4th day of February, 2021.

RODRIGO SWERTE
Affiant

SUBSCRIBED AND SWORN to before me, a notary public of

Davao City on this 4th day of February, 2021, affiant personally came
and appeared before me, exhibiting his Driver’s License No. L03-
654321 issued in May 2020, as competent proof of his identity.

Doc No. 52
Page No. 8
Book No. I
Series of 2021.

ATTY. AMIR ESSAM N. IBRAHIM

Roll of Attorney No. 1O1069
PTR No. 123456; 01-02-01 / Davao City
IBP Member Roll No. 445789/07-08-01 / Davao City MCLE
Compliance No. VII-897656
Valid until February 5, 2022
 ATTESTATION

I, ATTY. AMIR ESSAM N. IBRAHIM, with office address at,

Ibrahim Law Office, 921 Building 6, Gwapo Street, Barangay
Habulin, Davao City, Philippines, hereby attest that I personally
conducted or supervised the examination of RODRIGO SWERTE on
February 4, 2021 at my office, and I further attest that I have
faithfully recorded or caused the recording of the questions asked
and the corresponding answers that the Defendant gave and neither
I nor any other person then present or assisting coached the witness
regarding the latter’s answers.

Attested to this 4th day of February 2021 in Davao City,

Philippines.

Signature of Attestator: _______________________________

Address of Attestator for Service: Ibrahim Law Office, 921 Building
6, Gwapo Street, Barangay
Habulin, Davao City

SUBSCRIBED AND SWORN BEFORE ME this 4th day of

February 2021 in the City of Davao, Philippines, Affiant personally
appeared and/or exhibited to me his competent evidence of identity.

Doc No. 53
Page No. 8
Book No. I
Series of 2021

ATTY. ELOISA D. LUFFY

Mariquita Bldg., San Pedro St., Davao City
Roll No. 12346
PTR No. 78656 – 01/03/2021 – Davao City
IBP Member No. 89120 – 01/03/21 – Davao City
MCLE Compliance No. VI-0248810
valid until April 14, 2022