Republic of the Philippines

REGIONAL TRIAL COURT

7th Judicial Region
Branch 12
Cebu City

LLMMO, Inc Plaintiff,

CIVIL CASE No. 03-082020

- versus – FOR: Breach of Contract,
Rescission, Damages,
and Attorney’s Fees.

Big Entertainment Inc., Defendants.

x- - - - - - - - - x

COMPLAINT

Plaintiff by counsel, most respectfully avers that:

1. Plaintiff LLMMO Inc. is a duly registered Philippine corporation

engaged in real estate buy and sell with principal business address at
Colon Building, Suite 456, 123 Street, Colon, Cebu City. Attached herewith
as “Annex A” is the copy of Plaintiff’s Certificate of Incorporation duly
issued by the Securities and Exchange Commission.

2. Defendant Big Entertainment Inc. is a duly registered

Philippine corporation with address at Big Entertainment Building,
Rainbow Street, Mandaue City. The defendant owns a two-story building
located at 80 Santiangko St., Cebu City covered by Transfer Certificate of
Title (TCT) No. 01010. Attached herewith as “Annex B” is the machine copy
of the Transfer Certificate of Title.

3. Sometime in March 5, 2020, the plaintiff bought the two-story

building located at 80 Santiangko St., Cebu City from the defendant for
and in consideration of the sum of twenty-five million pesos (Php
25,000,000.00) through the execution of a Deed of Absolute Sale, and
the Plaintiff received the copy of the Transfer Certificate of Title (TCT).
Attached herewith as “Annex C” is the Deed of Absolute Sale.

4. On March 6, 2020, the Plaintiff paid one million five hundred

pesos (Php 1,500,000.00) and three hundred seventy-five thousand
pesos (Php 375,000) in Chinabank for the Capital Gains Tax and

Page 1 of 21
Documentary Stamp Tax. Attached herewith as “Annex D” are the receipts
for the payment of Capital Gains Tax and Documentary Stamp Tax.

5. On March 10, 2020, the Plaintiff had spent two million pesos
(Php 2,000,000.00) for the building’s renovation. Attached herewith as
“Annex E” is the receipt for the building’s renovation.

6. On March 16, 2020, the Plaintiff received the Electronic

Certificate Authorizing Registration from the Bureau of Internal Revenue.
Attached herewith as “Annex F” is the Electronic Certificate Authorizing
Registration.

7. Sometime in the month of March 28, 2020, the country was

hit by the pandemic which resulted in the suspension of the government
operations which in effect caused the delay in the perfection of the
transfer of title of the property in “Annex B”.

8. On June 1, 2020 Cebu City was placed General Community

Quarantine which resulted to the re-opening of government offices in
limited capacity, the plaintiff was able to restart the process of transferring
the registration of the said property in the Register of deeds of Cebu on
the same date. Unfortunately, the Plaintiff learned that Transfer Certificate
of Title No. 01010 has been cancelled. Attached herewith as “Annex G” is
the certified true copy of the cancelled Transfer Certificate of Title No.
01010.

9. On June 2, 2020, upon further inquiry in the Register of Deeds

of Cebu, the Plaintiff learned that the subject property was sold by the
defendant to Jose Antonio on March 3, 2020. Attached herewith as “Annex
H” is the certified true copy of the Transfer Certificate of Title under Jose
Antonio’s name.

10. On June 3, 2020 the Plaintiff looked for Jose Antonio on

Facebook and proceeded to ask if he is the same Jose Antonio in the
Transfer Certificate of Title in Annex G, to which the latter confirmed. The
Plaintiff and Jose Antonio agreed to meet in Starbucks Capitol Site on June
4,2020 around 10:00 in the morning. To which, Jose Antonio verbally
demanded from the Plaintiff that they leave the premises as he is the
owner of the property.

11. On June 5, 2020, due to breach of Defendant’s promise that

the property is free from all liens and encumbrances of whatever nature
in the contract, Plaintiff through written demand ordered the defendant
the return of: twenty-five million pesos (Php 25,000,000) as consideration
of the Deed of Absolute Sale, one million eight hundred seventy-five
thousand pesos (1,875,000) taxes paid, and two million pesos (Php
2,000,000.00) spent for renovation expenses. However, the Defendant
refused to pay any amount to the Plaintiff. Attached herewith as “Annex B-
1” is the stipulation in the contract that the defendant breached.
Page 2 of 21
 12. Because of the refusal of the defendant to comply with the
said demand and fraud committed, the Plaintiff was forced to engage the
services of a counsel amounting to three hundred thousand pesos (Php
300,000.00) and including the cost of this suit.

PRAYER

WHEREFORE, it is respectfully prayed that the honorable court order

the Defendant to:

a. Pay the amount of twenty-five million pesos (Php 25,000,000)

representing the consideration of the Deed of Absolute Sale;
b. Pay the amount of one million eight hundred seventy-five
thousand pesos (1,875,000) as taxes paid by the Plaintiff;

c. Pay two million pesos (Php 2,000,000.00) renovation

expenses which was incurred by the Plaintiff;

d. Pay three hundred thousand pesos (Php 300,000.00) as

attorney’s fees;

e. Pay five one hundred thousand pesos (Php 100,000.00) as

exemplary damages;

f. Pay five one hundred thousand pesos (Php 100,000.00) as

moral damages;

g. Pay the costs of this suit; and

h. other relief that are just and equitable under the premises.

ATTY. ABU GADO

ABC Law Firm, Suite 456, 123 Street, Colon, City
PTR No. 1234567 1-23-2019 Cebu City
IBP No. 987654 1-23-2019 Cebu City
Roll No. 456789
MCLE Ex. No. 234-567890 1-13-2019
For 2nd compliance

Page 3 of 21
Republic of the Philippines )
Cebu City )s.s
x- - - - - - - - - - - - - - - - - - - - - - - -x

VERIFICATION AND CERTIFICATION OF NON-FORUM SHOPPING

I, Denver Cruz, Filipino, of legal age, married and a resident of

residing at 789 Residence Drive, Banilad, Cebu City, and the Chief
Executive Officer of LLMMO after having been duly sworn to in accordance
with law depose and say, THAT:

1. That I as the Chief Executive Officer, vested with power to sue

by the Board of Directors in the above-entitled case have caused this to
be prepared; that I read and understood its contents which are true and
correct of my own personal knowledge and/or based on true records;

2. That I have not commenced any action or proceeding involving

the same issue and specifically the same check/s in the Supreme Court,
the Court of Appeals or any other tribunal or agency, that to the best of my
knowledge, no such action or proceeding is pending in the Supreme Court,
the Court of Appeals or any other tribunal or agency, and that, if I should
learn thereafter that a similar action or proceeding has been filed or is
pending before these courts or tribunal or agency, I undertake to report
that fact to the Court within five (5) days therefrom

IN WITNESS WHEREOF, I have hereunto set my hand this 17th day

of August, 2020 at Cebu City, Philippines.

Denver Cruz
Affiant

SUBSCRIBED AND SWORN to before me this 17th day of August,

2020 at Cebu City, Philippines by Denver Cruz, who exhibited to me his
UMID Card No. 12345 issued at Cebu City, Philippines on January 1, 2018.

WITNESS MY HAND AND SEAL.

NOTARY PUBLIC

Doc. No. 0012;

Page No. 003;
Book No. 004;
Series of 2020.

Page 4 of 21
 Republic of the Philippines
REGIONAL TRIAL COURT
7th Judicial Region
Branch 12
Cebu City

LLMMO, Inc Plaintiff,

CIVIL CASE No. 03-082020

- versus – FOR: Breach of Contract,
Rescission, Damages,
and Attorney’s Fees.

Big Entertainment Inc., Defendants.

x- - - - - - - - - x

JUDICIAL AFFIDAVIT

I, DENVER CRUZ, of legal age, Filipino, single, a resident of and with

post office address at 789 Residence Drive, Banilad, Cebu City, am
testifying as one of the witnesses for the plaintiff in the above entitled
case, and, fully conscious and aware that I answer the questions
propounded By Atty. Abu Gado this 17th day of August, 2020 at 2 o’clock
in the afternoon, in his office at Suite 456, 123 Street, Colon, City, under
oath and may thus be held criminally liable for false testimony or perjury,
hereby depose and state:

1. Q: Do you swear to tell the truth and nothing but the truth?
A: Yes, sir.

2. Q: Do you know the plaintiff LLMMO, Inc.?

A: Yes, sir.

3. Q: How did you come to know the plaintiff?

A: I am the Chief Executive Officer of the company, sir.

4. Q: How about the defendant, Big Entertainment, Inc., do you

know them?
A: Yes, sir.

5. Q: Why do you know the defendant?

A: The company sold a parcel of land to plaintiff LLMMO, sir. I
met with their representative to sign certain documents.

Page 5 of 21
 6. What document are you referring to?
A: I am referring to the Deed of Absolute Sale (Marked as
“Annex C”) entered into by the defendant and plaintiff, sir.

7. Q: I am holding here a certified true copy of a Deed of Absolute

Sale of a Real Estate dated and notarized on the 5th of March 2020. Is
this the document you are referring to?
A: Yes, sir.

8. Q: Do you know the subject property of the said contract?

A: Yes, sir. The property is a 2-storey building and lot located
at 80 Santiangko St., Cebu City, and covered by Transfer Certificate
of Title (TCT) No. 01010 (Marked as “Annex B”).

9. Q: Do you know the terms of the contract? If so, what were

they?
A: Yes, sir. Under the contract, the plaintiff was supposed to
pay defendant corporation a sum of twenty-five million pesos (Php
25,000,000), and the latter, to transfer the title of the subject
property to the former.

10. Q: What else do you know about the contract?

A: I also know sir, that the subject property of the contract
should supposedly be free from encumbrances.

11. Q: And why are you familiar with the terms contract?
A: Because I have read the contract, sir, before I signed it on
behalf of the plaintiff.

12. Q: Were the parties able to comply with their respective

obligations under the contract?
A: The plaintiff was able to pay the purchase price upon
signing of the contract on the 5th of March, 2020, sir. However, the
transfer of the title in the name of the plaintiff did not push through
due to the restrictions brought about by the pandemic sometime in
the middle of March, 2020.

13. Q: After the supposed sale of the subject property, what

happened thereafter?
A: The plaintiff introduced improvements over the subject
property, sir. Office renovations amounting to two million pesos (Php
2,000,000) (Marked as “Annex E”) were made to cater to the needs
of the plaintiff’s business.

14. Q: After the introduction of the improvements, what did the

plaintiff do?
A: When the community quarantine measures of Cebu were
relaxed, the plaintiff initiated the transfer of the registration of the
Page 6 of 21
 subject property in the Registry of Deeds of Cebu. But it was not
successful in doing so, sir.

15. Q: Do you know why they were not able to transfer the property
in their name?
A: The property turned out to be already owned by another
person.

16. Q: How did you come to know of this information?

A: Upon inquiry made by BERLIN DIMAGIBA, the property was
already sold by defendant corporation to a certain Jose Antonio on
the 3rd of March, 2020 or just 2 days before it was again sold to
plaintiff, sir.

17. Q: And who is this BERLIN DIMAGIBA?

A: He is the company Secretary, sir.

18. Q: After learning of the supposed previous sale, what did the
plaintiff do?
A: I met with Jose Antonio to discuss the matter, sir. The latter
demanded for the plaintiff to leave the premises.

19. Q: After that, what happened next?

A: The plaintiff sent a demand letter to defendant corporation
on the 5th of June, 2020, sir. The demand was for the defendant to
return of the twenty-five million pesos (Php 25,000,000) paid as
consideration of the contract, one million eight hundred seventy-five
thousand pesos (Php 1,875,000) as taxes paid, and two million
pesos (Php 2,000,000.00) spent for the renovation expenses.

20. Q: What happened after the demand letter was sent?

A: The defendant refused to pay any amount to the plaintiff,
sir.

21. Q: What did the plaintiff do thereafter?

A: The plaintiff was forced to engage the services of a counsel,
sir.

I hereby warrant that all documents marked as exhibits/annexes

and referred to in the foregoing answers are true, correct and faithful
reproductions of the original.

Respectfully submitted this 17th day of August, 2020, Cebu City,

Philippines.

In witness whereof, I hereby sign my name this 17th day of August,

2020, at Cebu City, Philippines.

Page 7 of 21
DENVER CRUZ
Affiant

SUBSCRIBED AND SWORN to before me, this 17th day of August,

2020 at Cebu City, personally appeared DENVER CRUZ with LTO Driver’s
License No. K09-20-001210 to expire on April 10, 2023, known to me to
be the same person who executed this Judicial Affidavit and who
acknowledged to me that the same is his/her free act and deed.

ATTY. ABU GADO

Counsel for the Plaintiff

ATTESTATION CLAUSE

I, ATTY. ABU GADO, under my own oath as a lawyer hereby attest

that I conducted the examination of the witness, that I have faithfully
recorded the questions I asked and the corresponding answers that the
witness gave, and that neither I nor any other person, then present or
assisting me coached the witness regarding her answers.

In witness whereof, I hereby sign my name this 17th day of August,

2020 at Cebu City, Philippines.

ATTY. ABU GADO

Affiant

SUBSCRIBED AND SWORN TO before me this 17th day of August

2020, at Cebu City, Philippines. Affiant personally came and appeared
with her IBP ID issued by the Integrated Bar of the Philippines on February
19, 2016 at Cebu City, Philippines, bearing her photograph and signature,
known to me as the same person who personally signed the foregoing
instrument before me and avowed under penalty of law to the whole truth
of the contents of said instrument.

ATTY. BERN PEDROS

Notary Public
Rm 208, J. Borromeo Bldg.
F. Ramos cor. Arlington Pond Sts., Cebu City
PTR No. 1234567 3-27-2019 Cebu City
IBP No. 987654 1-27-2016 Cebu City
Roll No. 123489
MCLE Ex. No. 124-568340 1-14-2019

Page 8 of 21
Doc. No. 14
Page No. 2
Book No. 4
Series of 2020.

Page 9 of 21
 Republic of the Philippines
REGIONAL TRIAL COURT
7th Judicial Region
Branch 12
Cebu City

LLMMO, Inc Plaintiff,

CIVIL CASE No. 03-082020

- versus – FOR: Breach of Contract,
Rescission, Damages,
and Attorney’s Fees.

Big Entertainment Inc., Defendants.

x- - - - - - - - - x

JUDICIAL AFFIDAVIT

This Judicial Affidavit of BERLIN DIMAGIBA is executed to serve as

his direct testimony in the instant case.

I, BERLIN DIMAGIBA, of legal age, single, and residing at Unit 53,

Banilad Residences, Cebu City, witness for the plaintiff in this case, state
under oath as follows:

PRELIMINARY STATEMENT

The person examining me is Atty. Abu Gado with office address at

Suite 456, 123 Colon Street, Cebu City. The examination is being held at
the same address. I am answering her questions fully conscious that I do
so under oath and may face criminal liability for false testimony and
perjury.

1. Q. Please state your name and other personal circumstances for the
record.
A. I am BERLIN DIMAGIBA, a Filipino of legal age, single, and residing
at Unit 53, Banilad Residences, Cebu City.

2. Q. Do you know why you are here?

A. Yes, I am here as one of the witnesses for the plaintiff, LLMMO Inc.

3. Q. How are you connected with the plaintiff in the instant case?
A. I work for them as their Secretary.

4. Q. What are some of your responsibilities as secretary for the plaintiff?

Page 10 of 21
A. I handle their correspondence, arrange their appointments and liaised
with their clients.

5. Q. Do you know the defendant of the instant case, Big Entertainment

Inc.?
A. Yes, I met their representatives in a series of meetings that I
organized between the defendant and LLMMO Inc. leading up to the
execution of the Deed of Absolute Sale in question.

6. Q. When did said meetings occur?

A. The meetings occurred starting on January 2020 and it culminated
on March of that same year when both parties executed the Deed of
Absolute Sale in question.

7. Q. Where you able to view said deed when it was executed?

A. Yes, as the same was signed on one of the meetings that I organized.

8. Q. I have here a copy of a Deed of Absolute Sale dated and notarized

on the 5th of March 2020 (Marked as “Annex C”). Can you identify if this
was the document signed during one of the meetings between the parties?
A. Yes, sir. This was the document signed by LLMMO Inc. and the
defendant.

9. Q. What do you know about said contract?

A. Said Deed of Absolute Sale pertains to a 2-storey building and lot
located in Santiangko, Cebu City. It is covered by a Transfer Certificate
Title (TCT) No. 01010 (Marked as “Annex B”). I also know that the
defendant agreed to sell the same to the plaintiff for a sum of twenty
million pesos (Php 25,000,000). Finally, their contract stipulates that Big
Entertainment, Inc. will ensure that the property in question is free from
all liens and encumbrances of whatever nature (Marked as “Annex B-1”).

10. Q. What happened after the execution of the aforementioned Contract

to Sell?
A. I processed the payment of the Capital Gains Tax and Documentary
Stamp Tax and receipts for such payments were issued (Marked as “Annex
D”). I also assisted the plaintiff in effecting simple renovations upon the
property in question amounting to two million pesos (Php 2,000,000.00)
(Receipt for Renovation Costs marked as “Annex E”). However, the COVID-
19 pandemic halted the process of transferring the title in the name of the
plaintiff.

11. Q. Was the title of the subject property eventually transferred to the
plaintiff?
A. No, sir. We discovered that the property in question was already
under a different name other than the defendant.

12. Q. What was your course of action after learning of said fact?

Page 11 of 21
 A. I inquired the following with the Register of Deeds and discovered
that previous title has been canceled (Certified true copy of the cancelled
Transfer Certificate of Title No. 01010 marked as “Annex G”) and that the
property was sold by the defendant to another buyer, named Jose Antonio
on March 3, 2020.

13. Q. What happened next?

A. I was able to organize a meeting between Mr. Jose Antonio and the
representatives of LLMMO Inc.

14. Q. What happened in the aforementioned meeting?

A. Mr. Antonio told us that he intends to evict the latter from the
property in question and that no reimbursement from the improvements
introduced is forthcoming.

15. Q. What happened after said meeting?

A. We were able to secure the services of a lawyer and sent a demand
letter to the defendant in order to demand the recession of the contract,
return the purchase price, reimburse the taxes paid, and the expenses for
the renovation and improvement of the property but the defendant failed
to satisfy said demands.

Further affiant sayeth none.

I hereby warrant that all documents marked as exhibits and referred

to in the foregoing answers are true, correct and faithful reproductions of
the original.

IN WITNESS WHEREOF, I have hereunto set my hand this 15th day

of August, 2020, at Cebu City, Philippines.

BERLIN DIMAGIBA
Affiant

SUBSCRIBED AND SWORN to this 15th day of August, 2020, at the

City of
Cebu, Philippines.

ATTY. BERN PEDROS

Notary Public
Rm 208, J. Borromeo Bldg.
F. Ramos cor. Arlington Pond Sts., Cebu City
PTR No. 1234567 3-27-2019 Cebu City
IBP No. 987654 1-27-2016 Cebu City
Roll No. 123489
MCLE Ex. No. 124-568340 1-14-2019

Page 12 of 21
 SWORN ATTESTATION

The undersigned hereby attests that, as counsel of the witness, he

faithfully recorded the questions he asked and the corresponding answer
of the witness and that he did not coach the witness’ answers to the
questions propounded.

ATTY. ABU GADO

ABC Law Firm, Suite 456, 123 Street, Colon, City
PTR No. 1234567 1-23-2019 Cebu City
IBP No. 987654 1-23-2019 Cebu City
Roll No. 456789
MCLE Ex. No. 234-567890 1-13-2019
For 2nd compliance

SUBSCRIBED AND SWORN to this 15th day of August, 2020, at the

City of Cebu, Philippines.

ATTY. BERN PEDROS

Notary Public
Rm 208, J. Borromeo Bldg.
F. Ramos cor. Arlington Pond Sts., Cebu City
PTR No. 1234567 3-27-2019 Cebu City
IBP No. 987654 1-27-2016 Cebu City
Roll No. 123489
MCLE Ex. No. 124-568340 1-14-2019

Doc. No. 245;

Page No. 35;
Book No. 42;
series of 2020

Page 13 of 21
 Republic of the Philippines
REGIONAL TRIAL COURT
7th Judicial Region
Branch 12
Cebu City

LLMMO, Inc., Plaintiff, CIVIL CASE No. 03-082020

- versus - FOR: Breach of Contract, Damages,

and Attorney’s Fees.

Big Entertainment Inc.,

Defendants.
x- - - - - - - - - x

JUDICIAL AFFIDAVIT

I, ARTURO DARO, of legal age, single, and resident of Unit 53,

Banilad Residences, Cebu City, testifying as one of the witnesses for the
plaintiff in the above-entitled case, hereby answers the questions
propounded by Atty. Abu Gado this 15th day of August, 2020 at 3 o-clock
in the afternoon, in his office at suite 456,123 Street, Colon, Cebu City,
under oath and may thus be held criminally liable for false testimony or
perjury, hereby depose and state:

1. Q: Do you know the plaintiff LLMMO, Inc.?

A: Yes, sir.

2. Q: Are you connected with the plaintiff?

A: Yes, sir.

3. Q: How are you connected with the plaintiff in the instant case?
A: I work for them as a Finance Officer.

4. Q: What are some of your responsibilities as secretary for the plaintiff?

A: I handle their transactions, process their invoices, and participate in
financial audits.

5. Q: Do you know the defendant of the instant case, Big Entertainment

Inc.?
A: Yes, sir.

6. Q: Why do you know the defendant?

Page 14 of 21
 A: The defendant sold a parcel of land to our company through a Deed
of Absolute Sale and I was assigned by the plaintiff to facilitate such
transaction.

7. Q: Where you able to view said deed when it was executed?

A: Yes, as the same was executed on one of the meetings that I
attended for the transaction in question.

8. Q: I have here a copy of a Deed of Absolute Sale dated and notarized

on the 5th of March 2020. Can you identify if this was the document signed
by the parties?
A: Yes, sir. This was the document signed by LLMMO Inc. and the
defendant. I would like to mark and attach the Deed of Absolute Sale as
Annex C in my Judicial Affidavit, sir.

9. Q: What happened after the execution of the aforementioned Deed of

Absolute Sale?
A: I processed the payment of the Capital Gains Tax and Documentary
Stamp Tax. Plaintiff paid one million five hundred pesos (Php
1,500,000.00) for the Capital Gains Tax and three hundred seventy-five
thousand pesos (Php 375,000) for the Documentary Stamp Tax.

10. Q: Do you have any proof for the taxes that you have paid?
A: I have receipts, sir. I would like to mark and attach the receipts as
Annex D in my Judicial Affidavit, sir.

11. Q. Was the title of the subject property eventually transferred to the
plaintiff?
A: No, sir. We discovered that the property in question was already
under a different name other than the defendant.

12. Q: What was your course of action after learning of said fact?
A: I inquired the following with the Register of Deeds and discovered
that previous title has been canceled and that the property was sold
by the defendant to another buyer, named Jose Antonio, on March 3,
2020.

I would like to mark and attach the Certified True Copy of the canceled
Transfer Certificate of Title No. 01010 as Annex G.

13. Q. What happened next?

A. I was able to organize a meeting between Mr. Jose Antonio and the
Mr. Denver Cruz.

14. Q. Who is Mr. Denver Cruz?

A. He is the Chief Executive Officer of LLMMO, Inc., sir.

15. Q. What transpired in the aforementioned meeting?

Page 15 of 21
 A. Mr. Antonio told us that he intends to evict the latter from the
property in question and that no reimbursement from the
improvements introduced is forthcoming.

16. Q. What happened after said meeting?

A. We were able to secure the services of a lawyer. We sent a demand
letter to the defendant in order to demand the recession of the
contract, return of the purchase price, reimbursement of the taxes
paid, and the expenses for the renovation and improvement of the
property but the defendant failed to satisfy said demands.

I hereby warrant that all documents marked as exhibits and referred

to in the foregoing answers are true, correct, and faithful reproductions of
the original.

IN WITNESS WHEREOF, I have hereunto set my hand this 15th day

of August, 2020, at Cebu City, Philippines.

ARTURO DARO
Affiant

ATTESTATION CLAUSE

I, ATTY. ABU GADO, under my own oath as a lawyer hereby attest

that I conducted the examination of the witness, that I have faithfully
recorded the questions I asked and the corresponding answers that the
witness gave, and that neither I nor any other person, then present or
assisting me coached the witness regarding her answers.

ATTY. ABU GADO

Counsel for the Plaintiff
Roll No. 54321
PTR No. 1234567 3-27-2019 Cebu City
IBP No. 987654 1-27-2016 Cebu City
MCLE Ex. No. 124-568340 1-14-2019
Rm 208, J. Borromeo Bldg.
F. Ramos cor. Arlington Pond Sts., Cebu City
Tel No.: 326 – 4434

SUBSCRIBED AND SWORN to before me, this 15th day of August,

2020 at Cebu City, personally appeared ARTURO DARO with LTO Driver’s
License No. K03-23-001211 to expire on October 01, 2022, known to me
to be the same person who executed this Judicial Affidavit and who
acknowledged to me that the same is his/her free act and deed.

ATTY. BERN PEDROS

Page 16 of 21
 Notary Public
Rm 208, J. Borromeo Bldg.
F. Ramos cor. Arlington Pond Sts., Cebu City
PTR No. 1234567 3-27-2019 Cebu City
IBP No. 987654 1-27-2016 Cebu City
Roll No. 123489
MCLE Ex. No. 124-568340 1-14-2019

Doc. No. 245;

Page No. 35;
Book No. 42;
series of 2020

Page 17 of 21
 Republic of the Philippines
REGIONAL TRIAL COURT
7th Judicial Region
Branch 12
Cebu City

LLMMO, Inc., Plaintiff, CIVIL CASE No. 03-082020

- versus - FOR: Breach of Contract,

Rescission, Damages, and
Attorney’s Fees.
Big Entertainment Inc.,
Defendants.
x- - - - - - - - - x

JUDICIAL AFFIDAVIT

I, PEDRO CRUZ, of legal age, Filipino, single, a resident of and with post
office address at 189 Residence Drive, Banilad, Cebu City, am testifying
as one of the witnesses for the plaintiff in the above entitled case, and,
fully conscious and aware that I answer the questions propounded By Atty.
Abu Gado this 20th day of August, 2020 at 2 o’clock in the afternoon, in
his office at Suite 456, 123 Street, Colon, City, under oath and may thus
be held criminally liable for false testimony or perjury, hereby depose and
state:

1. Q: Do you know the plaintiff LLMMO, Inc.?

A: Yes, sir.

2. Q: How about the defendant, Big Entertainment, Inc., do you know

them?
A: Yes, sir.

3. Q: How did you come to know of the parties?

A: The respective representatives of the parties personally appeared
before me on the 5th of March, 2020, sir. I notarized a document for
them.

4. Q: What document did you notarize for the parties?

A: I notarized a Deed of Absolute Sale between the parties, sir.

5. Q: Do you have any proof of such fact?

A: Yes, sir. I have it recorded in my journal, under Document No. 158,
Page No. 203, Book No. 32, Series of 2020. I would like to mark and
attach this journal entry as Annex G in my Judicial Affidavit, sir.
Page 18 of 21
 6. Q: I am holding here a certified true copy of a Deed of Absolute Sale
dated and notarized on the 5th of March 2020. Is this the document
you are referring to?
A: Yes, sir. I would also like to mark and attach the Deed of Absolute
Sale as Annex H in my Judicial Affidavit, sir.

IN WITNESS WHEREOF, I hereby sign my name this 20th day

of August, 2020, at Cebu City, Philippines.

PEDRO CRUZ
Affiant

ATTESTATION CLAUSE

I, ATTY. ABU GADO, under my own oath as a lawyer hereby

attest that I conducted the examination of the witness, that I have
faithfully recorded the questions I asked and the corresponding
answers that the witness gave, and that neither I nor any other
person, then present or assisting me coached the witness regarding
her answers.

ATTY. ABU GADO

Counsel for the Plaintiff
Roll No. 54321
PTR No. 1234567 3-27-2019 Cebu City
IBP No. 987654 1-27-2016 Cebu City
MCLE Ex. No. 124-568340 1-14-2019
Rm 208, J. Borromeo Bldg.
F. Ramos cor. Arlington Pond Sts., Cebu City
Tel No.: 326 - 4434

SUBSCRIBED AND SWORN to before me, this 20th day of

August, 2020 at Cebu City, personally appeared PEDRO CRUZ with
IBP No. 8989867-756-876 to expire on April 10, 2023, known to
me to be the same person who executed this Judicial Affidavit and
who acknowledged to me that the same is his/her free act and
deed.

NOTARY PUBLIC

Doc. No.:
Page No.:
Book no.:
Series of 2020.
Page 19 of 21
 DOCUMENTARY EVIDENCES

To prove Plaintiff’s claims, the following documents shall be submitted

for marking:

1. EXHIBIT A – Secretary’s Certificate proving authority of the

authorized representative to file the Complaint on behalf of LLMMO

LLMMO INC.
SECRETARY’S CERTIFICATE

XXXXXXXXXXX

2. EXHIBIT B - MACHINE COPY OF TCT NO. 01010

TCT NO. 01010 MACHINE COPY

Two-story building located at 80 Santiangko St., Cebu City

Owner: Big Entertainment Inc.
XXXXXXXXXXX

3. EXHIBIT C - Deed of Absolute Sale proves that the Plaintiff and

Defendant executed a contract of sale.

DEED OF ABSOLUTE SALE

COPY

LLMMO INC. bought the two-story building located at 80 Santiangko St., Cebu City
from the BIG ENTERTAINMENT for and in consideration of the sum of twenty-five
million pesos (Php 25,000,000.00)
XXXXXXXXXXX

4. EXHIBIT D- The receipts for the payment of Capital Gains Tax and
Documentary Stamp Tax proving that plaintiff spent money for
payment of taxes.

CHINA BANK
RECEIPT FOR PAYMENT OF CAPITAL GAINS TAX
AMOUNT: one million five hundred pesos (Php 1,500,000.00)

RECEIPT FOR PAYMENT OF DOCUMENTARY STAMP TAX

AMOUNT: three hundred seventy-five thousand pesos (Php 375,000)
XXXXXXXXXXX

Page 20 of 21
5. EXHIBIT E - The receipt for the building’s renovation proving that
plaintiff spent money for renovation of the building.

OFFICIAL RECEIPT

FOR BUILDING RENOVATION

AMOUNT: two million pesos (Php 2,000,000.00)

XXXXXXXXXXX

6. EXHIBIT F – Electronic Certificate Authorizing Registration from the

Bureau of Internal Revenue.

Bureau of Internal Revenue

Electronic Certificate Authorizing Registration
XXXXXXXXXXX

7. EXHIBIT G - The certified true copy of the cancelled Transfer

Certificate of Title No. 01010 proving that Plaintiff failed to transfer
the property under its name because the Transfer Certificate of Title
is cancelled.

TCT NO. 01010 MACHINE COPY

Two-story building located at 80 Santiangko St., Cebu City

Owner: Big Entertainment Inc.
XXXXXXXXXXX

8. EXHIBIT H - The certified true copy of the Transfer

Certificate of Title under Jose Antonio’s name proving that
Defendant sold the property to Jose Antonio.
TCT NO. 01010

Two-story building located at 80 Santiangko St., Cebu City

Previous owner: Big Entertainment Inc.
NEW OWNER: JOSE ANTONIO
XXXXXXXXXXX

9. EXHIBIT I- Demand letter proving that prior demand for return of

consideration and reimbursement of taxes and expenses for
renovation.

DEMAND LETTER

FROM: LLMMO INC.

TO: BIG ENTERTAINMENT INC. Page 21 of 21
XXXXXXXXXXX