REPUBLIC OF THE PHILIPPINES

SIXTH JUDICIAL REGION

REGIONAL TRIAL COURT OF BACOLOD
BRANCH 44
-uwu-

CHING HONG GI/ GLORIOUS

HARDWARE,

Plaintiff,

-versus- CIVIL CASE NO. 21-420619

For: Collection of Sum of

Money with Damages with
Pray for Preliminary
Attachment

SPS. OSCAR AND MARIA SUYO,

Defendant.

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

ABC CORPORATION

Plaintiff-Intervenor,

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

SPS. OSCAR AND MARIA SUYO,

Third-Party Plaintiff,

-versus-

RAUL REYES

Third-Party Defendant,

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

JUDICIAL AFFIDAVIT

OF

DEFENDANT/THIRD PARTY PLAINTIFF OSCAR SUYO

Page 1 of 9
This Judicial Affidavit of Oscar Suyo is executed to serve as his
direct testimony in the instant case.

PRELIMINARY STATEMENT

I, Oscar Suyo, Filipino Citizen, of legal age, married, and

presently a resident of Gardenia Street, Purok Paghidaet, Barangay
Mansilingan, Bacolod City, after being sworn in accordance with law,
depose and say that this Judicial Affidavit is prepared in English which
is known to me and understood by me.

The lawyer who conducted and supervised my examination was

Atty. Michael P. Villagracia, Filipino, of legal age, single, with Law
office at 6th Lacson Street, 2nd Floor Unicron Building, Bacolod City,
Negros Occidental, Philippines where my examination was held.

I answered the questions asked of me with full consciousness

that I was under oath and that I may face criminal liability, and the
questions asked of me and my corresponding answers, consecutively
numbered, as follows:

1. Q. What is your reasoning for filing a complaint against Raul

Reyes?
A. He signed a contract of engagement with me, my wife, and
Glorious Hardware.

2. Q. So why are you filing a complaint against him?

A. He violated the terms of the contract.

3. Q. What were the terms of the contract?

A. Well, the contract was to limit whatever liability we would
incur by virtue of unauthorized orders and non-payment of
orders of Mr. Raul Reyes as the contractor.

4. Q. When you say “we”, you and?

A. and my wife sir, Maria Suyo.

5. Q. As per the contract, what was the arrangement between you,

Glorious Hardware, and Raul Reyes?
A. Well, we were supposed to pay a sum certain to Raul for the
construction of our building.

Page 2 of 9
6. Q. How much is did you pay Raul?
A. P5 million pesos.

7. Q. What was included in this P5 million pesos?

A. The P5,000,000.00 was divided into P1,500,000.00 for labor,
transportation, delivery, and miscellaneous transactions and
P3,500,000.00 for necessary building materials.

8. Q. You said earlier that the P5 million was an initial payment,

why do you say “initially”?
A. I had to pay-off a purchase he made that was beyond the
credit-line allowed by our account in the hardware.

9. Q. Can you tell me more about this credit line?

A. It’s a unique set-up afforded to us by our good friend Ching
Hong Ji.

10. Q. Unique in what way?

A. I said earlier that we paid P3.5 million to Raul for the totality
of the building expenses right?

11. Q. Yes, and so?

A. Well that P3.5 million is like... only a portion of our maximum
allowable credits.

12. Q. What do you mean “only a portion of the maximum”?

A. By being able to take advantage of our credit-line with the
hardware, Raul can only order up to P3.5 million maximum
worth of building materials for his convenience.

13. Q. What happens if he exceeds the maximum?

A. Normally, the hardware would inform us that Raul has
reached the maximum credit allowed for him.

14. Q. Then what would happen after?

A. We would decide whether to allow the excess order.

15. Q. How do you do that?

A. I would tell the person from the hardware to allow the order,
and then I would give the payment to Raul in order to give it to
the hardware after receiving the orders.

16. Q. Which transaction is this?

A. The one made by Raul on February 7, 2021.

Page 3 of 9
17. Q. To be clear, what was the status of this transaction?
A. This transaction was already paid.

18. Q. The plaintiffs claim that this was not paid, how come you’re
saying that this was already paid?
A. They told me on February 7, 2021 that the transaction was
already beyond the credit-limit of Raul.

19. Q. And then?

A. So I asked them to allow it and that I’ll be giving Raul the
payment for this transaction.

20. Q. What can you tell me about this payment to Raul that you
made?
A. We issued an acknowledgment receipt to Raul. The amount
of which was to settle the February 7, 2021 transaction.

21. Q. How much was this amount?

A. 4 million pesos.

22. Q. And then what happened to the P4 million pesos?

A. As per the contract, Raul was supposed to pay it to Glorious.

23. Q. What happened thereafter?

A. A Rolina Pina called me on February 24, 2021 informing me
that we still had a P4 million balance with the hardware.

24. Q. Can you tell me what would be the nature of this transaction?
A. As per the contract, this would make it solely the liability of
Raul.

25. Q. Why would he be solely liable?

A. Because as per the contract, by giving him payment and
issuing an acknowledgement receipt to him, we would be
excluded from liability. He’s supposed to pay it to the hardware,
failure to do so would make him liable.

26. Q. What can you tell me about the subsequent transactions

thereafter?
A. The March 11 and 20 transactions were unauthorized.

Page 4 of 9
27. Q. What do you mean “unauthorized”?
A. As per the contract, the hardware should have informed us of
whatever transaction Raul is making, especially if those are to be
done beyond the credit-limit allowed to him.

28. Q. What did the Hardware do?

A. Well they allowed these transactions to push through despite
Raul having previously maxed his allowed credit purchases.

29. Q. What was the Hardware supposed to do as per the

arrangement in the contract?
A. They were supposed to inform me that Raul was making an
order under our open credit line.

30. Q. Failing to inform you of the subsequent orders, what happens

to the transaction then?
A. It becomes unauthorized and to that effect, both Hardware
and Raul will bear the burden of whatever costs the transaction
will bring.

31. Q. Let us go back to the contract, when was this signed?

A. In December 7, 2020.

32. Q. Who were the parties to the contract?

A. 4 parties. My good friend, Ching Hong Ji, me and my wife,
and Raul Reyes.

32. Q. This contract what is the nature of it?

A. It’s a contract of engagement setting out the rights,
responsibilities, and liabilities of the parties.

33. Q. This contract is notarized, who was the notary public?

A. Atty. Bruno Bucciaratti.

34. Q. Who were present when this was signed and notarized?
A. Mr. Ching Hong Gi, Me, My Wife, Raul, and Atty. Bruno, and
our two witnesses, Leone Abbacchio and Giorno Giovanna.

35. Q. The plaintiffs claim that you issued a promissory note and
that it has already expired. This is the primary basis for their
claim. Can you tell us about it?
A. I didn’t issue a promissory note. I had no obligation to them.
The contract already relieved me of such.

Page 5 of 9
36. Q. Then what was it you issued?
A. A note containing a promise to help them look for Raul so that
they can collect the money that he owes the hardware.

37. Q. In the plaintiff’s complaint they allege that you were the one
who paid the initial P3.5 million on January 4, 2021. What can
you say about this?
A. I did not. As per the contract, Raul Reyes would be the one to
remit the payments incurred under the open-credit line.

38. Q. Where were you on January 4, 2021?

A. I was in Davao.

39. Q. Why were you in Davao?

A. I just wanted to visit the next capital of the Philippines.

40. Q. I meant, what were you doing in Davao?

A. Just vacationing.

41. Q. Were you alone or were you with somebody?

A. My wife accompanied me.

42. Q. Going back to those unauthorized transactions. What was the

status of those orders?
A. We never knew where those went.

43. Q. How can you say that?

A. My warehouse manager at the building site, Mr. Joseph
Joestar never received those orders.

44. Q. And despite never receiving these, what did the plaintiff’s do?
A. It would seem that they charged it to my account, on the
credit-line.

45. Q. Do you know if Raul Reyes had anything to do with this?

A. I think he knows where the materials went as he was the one
who ordered them.

46. Q. I am showing you this document. Can you tell me what this
is? (Showing Contract of Engagement)
A. That is the contract of engagement entered into by me, my
wife, Raul Reyes, and Mr. Ching Hong Ji.

Page 6 of 9
47. Q. Can you tell me whose signatures are present in this Contract?
A. Under the client column, that one is mine, the one below is
my wife’s. Under the contractor column, that is Raul’s, and
under the hardware column is Ching’s. The signature for the two
witnesses is Mr. Leone’s and Mr. Giorno’s.
48. Q. How do you know that these are their signatures?
A. I was there when we signed it. I saw it with my own two eyes.
Actually, four eyes. Because I wear glasses.

49. Q. What can you tell me about this picture?

A. Oh, that’s my picture with Mayor Sara in Davao. That was
taken on January 4, 2021. As you can see, there is a date printed
on the photo. Pretty neat, right?

50. Q. Are you familiar with this document?

A. Yes, that’s the acknowledgement receipt that I issued to Raul
Reyes after giving him the P3.5 million.

51. Q. Can you tell me about its contents?

A. Well, it says that pursuant to the contract of engagement, I am
issuing this receipt to the Contractor because he acknowledges
that he is being given P3.5 million to settle the balance with
Glorious Hardware and he acknowledges that failure to do so
would make him liable and that I am excluded from liability if
he decides to not remit this.

52. Q. Whose signatures are present in the receipt?

A. Mine and Raul’s.

53. Q. How can you tell that is Raul’s signature?

A. I saw him immediately signing it after I issued it.

54. Q. How about this document?

A. That’s the contract that you made me sign.

55. Q. Can you tell me about it?

A. Well, that formalizes our relationship as attorney-client.

56. Q. In short, what is it?

A. A label. Sana all. Just kidding, it’s a legal contract services
contract with your firm.

Page 7 of 9
57. Q. I have no more questions, but are you willing to answer any
more questions that would arise in connection with your present
case?
A. Yes sir.

IN WITNESS WHEREOF, I affix my signature this 29th day of October

2021, at Bacolod City, Philippines.

Oscar Suyo
AFFIANT

“SUBSCRIBED AND SWORN to before me this 29th day of

October 2021, affiant exhibiting to me his Driver’s License No.
F01-89-049306 issued at Bacolod City, Philippines expiring on
September 26, 2023’.

Witness my hand and seal.

Doc. No. 2
Page No. 32
Book No. X
Series of 2021

Page 8 of 9
 SWORN ATTESTATION OF LAWYER

I, Michael P. Villagracia of legal age, Filipino, a lawyer, under

oath, do hereby attest that in connection with the foregoing Judicial
Affidavit of Oscar Suyo, I faithfully recorded or and caused to be
record the questions asked and the answers given, and neither I nor
any other person present coached the affiant on how to answer.

Michael P. Villagracia

Page 9 of 9