Republic of the Philippines

REGIONAL TRIAL COURT

National Capital Judicial Region
Branch 142, Makati City

METROPOLITAN BANK & TRUST

COMPANY,
Plaintiff,

-versus- R-MKT-19-02568-CV
For: Sum of Money

J.O. CONSTRUCTION, INC.,

Represented by its Chairman of the
Board of Directors and President,
JOHN JO Y.ONG, and its Secretary
And Treasurer, ESTHER Y. ONG, and
JOHN ONG, in their personal capacities,
Defendants.
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JUDICIAL AFFIDAVIT
(ESTHER YAP ONG)

I, ESTER YAP ONG, Filipina, widow, of legal age with office address
at J.O. Construction, Inc. No.19 Llorente Street, Capitol Site, Cebu
City, after having been duly sworn in accordance with law, and
being fully aware and conscious that I am answering the questions
in this Judicial Affidavit under oath, and that I may face criminal
liability for false testimony or perjury under Article 183 of the
Revised Penal Code, pursuant to A.M. 12-8-8-SC dated December 2,
2014, in case I will give false or perjured statement, hereby depose
and state as thus:

PURPOSE OF THE TESTIMONY: The testimony of the witness is

being offered to prove the following:

1. As witness I shall testify and establish that I am the Secretary

and Treasurer of J.O. Construction and as such I will testify that
I was authorized by the corporation to represent it in this case;

2. I will identify and submit documents as proof in defense of the

defendant’s;
3. I will testify on what truly transpired in the subject transaction;
specifically that there was a continuing suretyship agreement, a
dubious computation of liabilities, the documents were in “fine
print” The witness shall testify on this duties and responsibilities
as Account Manager and as such, he was the one who
prospected the Defendant and negotiated the advertising
contract with the Defendant.

4. I will testify that based on the above-stated submissions that

Plaintiff’s claim was premature and thus had no cause of action
at the time they filed the above-stated complaint.

5. I will testify that based on the unscrupulous claims of the

Plaintiff, me and my co-Defendant’s suffered and continued to
suffer damages. Hence, we were compelled to engage services of a
lawyer in an agreed acceptance fee of Php 150,000.00 and Php
5,000.00 appearance fee per hearing.

Q1: Please state your name and personal circumstances.

A1: I am ESTHER Y. ONG, and I am the Secretary and Treasurer of
J.O. Construction, Inc., (“JO Construction”), with business
address at No.19 Llorente Street, Capitol Site, Cebu City.

Q2: Do you have proof that you are the Secretary and Treasurer of
J.O. Construction?
A2: Yes, I have with me my company Identification Card (EXHIBIT
“1”) and Secretary’s Certificate as (EXHIBIT “2”).

Q3: What is the nature of the business of the defendant J.O.

Construction?
A3: J.O. Construction is a construction company established in
2004, which involves project management, general construction
(from structural to finishing works)?

Q4: Do you know the Plaintiff in this case METROBANK & TRUST
COMPANY (“Metrobank” for brevity)

A4: Yes, sir. Plaintiff is a universal banking corporation.

Q5: Can you tell us your business transaction of J.O. Construction

with Metrobank?
A5: J.O. Construction has an existing Credit Line Agreement with
Metrobank as far back as 1988.
Q6: How did J.O. Construction and Metrobank figured in this case?
A6: Metrobank filed a civil complaint for collection of sum of money
in the amount of Php 25, 231, 732.25 as of March 29, 2019 plus
interest and penalty charges. Including Php 10% attorney’s fees
and Php 2,500.00 per appearance.

Q7: What can you say to the claims made by Plaintiff Metrobank in
their complainant?
A7: I specifically deny paragraph 6 for the simple reason that it is a
contract of adhesion and therefore null and void. I also
vehemently and specifically deny the allegations contained in
Paragraph 7 and 8 of the complaint as to the computation for
again being dubious. Likewise, I vehemently and specifically
DENY the allegations in paragraph 9 of the Plaintiff’s complaint
for being onerous and unconscionable rate of interest and/or
penalty charges which are shocking.

Q8: What else to have you have to say regarding the civil complaint
that the Plaintiff lodged against you and your co-Defendants?
A8: Based on my DENIALS, I believe that plaintiff has no cause of
action yest. All the annexes to the complaint were made in fined
prints and were already prepared for signature. All terms and
conditions set forth were put only by Metrobank. There was
nothing left to do but to sign the same.

Q9: Do you have any proof in your possession to contravene the

allegations made by Plaintiff in their complaint?
A9: Yes. I have with me a “List of Payment Summary for Metrobank
Cebu. A comprehensive list that details all payments made to
Plaintiff from May 2015 to August 2018, in the total amount of
Php 11,911,473.72, hereto attached as EXHBITS “3” to “3-b”.

Q10: Do you have other documents to support this list?

A10: Yes, I have with me Metrobank Deposit Slips to support said list.
Hereto attached as EXHIBITS “4” to “80”.

Q10: Does these Deposit slips serve as proof of payment as to

whatever obligations and liabilities you have with the Plaintiff.
A10: Yes, it is proof of payment to J.O. Construction’s obligation,
liabilities, and accountabilities to plaintiff Metrobank.

Q11: What else can you say about this case, if there are any?
A11: We also filed a compulsory counterclaim against the Plaintiff, for
filing the instant complaint was premature and is therefore
baseless and unfounded which has compelled the me and my co-
Defendants to litigate and thus engage the services of a lawyer
 for an agreed acceptance of Php 150,000.00, plus appearance fee
of Php 5,000.00.

Q12: What other reliefs you sought in your compulsory counterclaim?

A12: Because of this premature and unfounded complaint,
Defendants have also suffered and will continue to suffer actual
and moral damages and that therefore they are entitled to an
award of moral and exemplary damages and all other reliefs, just
and equitable that may be awarded by the court in the course of
this case.

Q13: Do you acknowledge and confirm the veracity of your answers

above?
A13: Yes, sir.

Q14: Do you have any other matter that you want to say?
A14: No more as of the moment, Sir.

IN WITNESS WHEREOF, I set my hand this __ of February 2021 in

________________________, Philippines.

ESTHER YAP ONG

Affiant

SUBSCRIBED AND SWORN to before me this __ day of February,

2021, in ______________, Affiant exhibiting to me her Passport
No.________________, issued at ______________, expires on
________________.

NOTARY PUBLIC
Doc. No:__
Page No.:__
Book No.:__
Series of 2021.