REPUBLIC OF THE PHILIPPINES

METROPOLITAN TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
MAKATI CITY
BRANCH __

TERESA AMELIA GARCIA

Plaintiff,

Civil Case No. ______________

– versus – For: Collection for Sum of
Money

STELLA MARIZ BEREZA

Defendant.

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

JUDICIAL AFFIDAVIT
(of Teresa Amelia Garcia)

The examination of Ms. Teresa Amelia Garcia (“Ms. Garcia”) was

conducted at the 5th Floor Greenfield Tower, Mayflower Street,
Mandaluyong City, by Atty. Jenica B. Eva on 8 March 2021. The
witness answered the questions asked of her, fully conscious
that she does so under oath and that she may face criminal
liability for false testimony of perjury if she does not tell the
truth.

OFFER OF TESTIMONY

The testimony of the affiant is offered for the following

purposes:

a) To prove the material allegations stated in the

Complaint filed before this Honorable Court;

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 b) To prove the existence of the Contract of Lease executed
by Plaintiff and Defendant;

c) To elaborate the facts, circumstances and agreements

with respect to and arising from the execution of the
Contract of Lease;

d) To prove that the Plaintiff paid the Defendant the rental

fee for January 2020 and the security deposit
amounting to two (2) months of rent prior to the
commencement of the lease;

e) To prove that the Plaintiff informed the Defendant that

the former intended to utilize a portion of the security
deposit to pay the rent for the month of December 2020
and that the latter assented thereto;

f) To prove that the Plaintiff left no outstanding

obligations, unpaid bills, and damage to the property
upon the termination of the lease contract;

g) To prove that the Plaintiff religiously paid for the

monthly rental during the period covered by the lease;

h) To prove that the Plaintiff demanded the Defendant to

return the remaining security deposit and that the latter
refused to heed the same without valid and sufficient
cause;

i) To substantiate the damages suffered by the Plaintiff

due to the delay and unjustified refusal on the part of
the Defendant to comply with her obligations;

j) To identify the various documents1 in the course of

Affiant’s testimony;

k) To testify on other material and relevant matters

pertinent to the above stated purposes and allegations
in the Complaint based on the Affiant’s personal
knowledge and information.

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Attached copies of the exhibits are faithful reproduction of the originals.

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 TESTIMONY PROPER

Q1: Please state your name, age and other personal

circumstances.

A1: I am Teresa Amelia Garcia, of legal age, a Filipino citizen,

presently residing at 380 Manga Street, Cembo, Makati
City.

Q2: Are you fully conscious and aware that you are
answering the questions asked of you under oath, and
that you may face criminal liability for false testimony
or perjury if you do not tell the truth?

A2: Yes, I am.

Q3: Are you the same person as the petitioner in this case?

A3: Yes, I am.

Q4: Why are you present here today?

A4: I am here to testify on the matters surrounding the

Contract of Lease I entered into with Stella Mariz Bereza.

Q5: Do you know the Defendant in the instant case?

A5: Yes. She is the lessor of the condominium unit 2780A

located at Tower 1, Jazz Residences, Metropolitan Avenue
corner Nicanor Garcia Street, Barangay Bel-Air, Makati
City which I rented for a period of one (1) year from 1
January 2020 to 31 December 2020.

Q6: How do you know the Defendant?

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A6: The Defendant was introduced to me by my friend
Andrea Zobel. The Defendant was my friend’s former
officemate.

Q7: How did your relationship as lessor and lessee begin?

A7: By the introduction of my friend. I was then looking for a

condominium unit to rent for one (1) year in Makati City.
My friend told me that she knew someone who has a
vacant unit up for lease. My friend then introduced me to
the Defendant.

Q8: Have you executed a document as proof of this

relationship or transaction?

A8: Yes. We executed a notarized lease contract.

Q8.1: Can you tell us when was this Contract of

Lease executed and when did the provisions
therein become take effect.

A8.1: The Contract of Lease was executed on the 28

December 2019. We intended the provisions to
take effect immediately. In fact, after having the
contract notarized, before the lease period
commenced, I paid P255,000.00 evidenced by an
official receipt. Such amount represents the
rental fee for January 2020 and the security
deposit which was two months worth of rent.
This amount was paid in advance pursuant to
Section 3 of the Contract of Lease.

Q8.2: Are there other persons who witnessed the

execution of said Contract?

A8.2: Yes. My friend Andrea Zobel witnessed the

execution of the Contract.

Q8.3: If the Contract of Lease is shown to you, will

you be able to identify it?

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 A8.3: Yes.

Q8.4: I am showing you a document entitled

Contract of Lease. How is this related to the
Contract of Lease that you mentioned?

A8.9: That is the Contract of Lease which the

defendant and I executed.

Q8.5: There are signatures at the bottom of the

document. Is one of these your signature?

A8.5: Yes, Atty. The signature at the bottom

pertaining to the lessee’s signature is mine.

Counsel manifests that the copy of the Contract of Lease

identified by the witness was marked as Exhibit “A” during
the pre-trial.

Q9: Before the lease commenced, was there a condition for

you to comply?

A9: Yes, there was.

Q10: What is that condition?

A10: The condition was that the rental fee for January 2020
and a security deposit worth two (2) months of rent
should be paid before the commencement of the lease.
The total amount was Php 255,000.00.

Q11: What will prove that you complied with the condition?

A11: I have a copy of the official receipt which was issued by

the defendant after she received the Php 255,000.00 I
paid to her.

Q12: How long is the period covered by the contract?

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A12: The period covered by the Contract of Lease is one (1)
year—from 1 January 2020 to 31 December 2021.

Q13: How much was the monthly rent?

A13: The monthly rent was Php 85, 000.00.

Q14: Have you ever failed in paying rent?

A14: No. I regularly paid the monthly rent on the 1st day of
each month from February 2020 to November 2020.
However, for the month of December I made use of a
portion of the security deposit.

Q15: How were you able to pay for the rent due every
month? What was your main source of income to
shoulder your expenses?

A15: I have several businesses and the income from these is

what I used to pay for the rent. I am also an employee of
Banco de Oro Ayala - Rufino Branch. My main source of
income to shoulder my expenses is the income I earn
from my businesses.

Q15.1: What is the nature of your businesses and how

much do you earn from these on a monthly
average?

A15.1: My businesses are food delivery services and

retail of gadgets. On a monthly basis, I earn an
average of Php 150,000.00 from these
businesses.

Q15.2: What is your profession and position in the

company you are working at?

A15.2: I am a bank manager.

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 Q15.3: What proof, if any, do you have to show your
employment status and business ownership?

A15.3: My employment status is evidenced by my

employment contract with Banco de Oro Ayala-
Rufino Branch. I also have business permits
issued to me by appropriate government
agencies to prove my business ownership.

Q15.4: I have copy here of an employment contract

issued by the Banco de Oro Head Office and a
copy of a business permit from the concerned
local government unit under the name of
“Teresa Amelia Garcia.” Do you confirm that
named individual therein is yourself?

A15.4: Yes, I do.

Q15.5: How were you able to obtain copies of these

documents?

A15.5: I requested from the Human Resources

Department of our company and from the City
Government of Makati’s Permits Office.

Counsel manifests that the copy of the Employment

Contract and Business Permits identified by the witness
were marked as Exhibits “O” and “P” respectively during
the pre-trial.

Q16: Did the Defendant provide you with receipts as

evidence of payment?

A16: Yes. Each payment I made was evidenced by an official

receipt.

Q16.1: If shown copies of these Official Receipts, will

you recognize the same?

A16.1: Yes.

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 Q16.2: Are these the same as the receipts provided
by the Defendant lessor?

A: Yes.

Counsel manifests that the copies of the Official Receipts

identified by the witness were marked as Exhibits “B” to
“L” during the pre-trial

Q17: It was mentioned by you earlier, that there is a security

deposit. Did you consume the entire amount?

A17: No, I only used up half of the security deposit, or to be

specific, Php 85,000.00 was consumed.

Q18: What did you tell the Defendant when you intended to
use a part of it?

A18: I informed the defendant on November 25, 2020 that I

will consume half of the security deposit which was
worth Php 85,000.00, and that I would apply the same to
my rental fee for December 2020.

Q19: How did the Defendant respond?

A19: The defendant acceded to it. She even acknowledged that

it was already agreed upon and stipulated in the contract.

Q20: What does the Contract of Lease provide with respect

to the security deposit upon the termination of the
lease?

A20: It was stated in Section 4 of the Contract of Lease that the

security deposit shall be applied as rent for one month
before the contract of lease is terminated while the
remaining PhP 85,000.00 shall answer for any liability or
obligation that the lessee may incur to third parties
arising from or regarding the use of the subject premises

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 such as unpaid utility expenses and repairs of the
property leased.

Q20.1: What happens should there be a balance from

the security deposit?

A20.1: It was agreed upon, as indicated in the Contract

of Lease, that the remaining balance of the
security deposit, if any, will be returned to the
lessee.

Q20.2: Should the return of the deposit require

demand as per the Contract, or was it
automatic on the part of the Defendant lessor?

A20.2: The Contract of Lease did not indicate that a

demand is necessary in order to return the
remaining balance of security deposit. It was
stated in the contract, however, that any balance
shall be returned to the lessee on the last day of
the lease period.

Q21: Was there a reason for the defendant to charge you

with damages to the property? How did you maintain
the premises during your stay?

A21: None. As a matter of fact, the lessor informed me that the

condominium unit was in good condition showing no
signs of any damage that will necessitate repairs and that
there were no unpaid utility bills.

Q22: During your stay in the unit, have you applied for
subscriptions and utilities under your name? If yes,
what are these?

A22: Yes. I subscribed to an internet service provider (ISP).

Q22.1: Were you able to pay for them?

A22.1: Yes.

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 Q22.2: What measures did you take to inform the
service providers nearing the termination of
the lease?

A22.2: I called the internet service provider company

to inform them of my intent to terminate my
subscription effective December 28, 2020. In
addition to this, I also sent an email of my
request for termination. I was required to settle
the outstanding balance before the connection
was terminated which I settled accordingly.

Q22.3: What proof, if any, do you have to show that

the subscription was in fact terminated and no
balance remains outstanding?

A22.3: The ISP company issued an official receipt

representing the payment of any outstanding
balance. It also confirmed the disconnection on
28 December 2020 through an email on the
same date.

Counsel manifests that the copy of the Official Receipt and

Confirmation of Disconnection identified by the witness
were marked as Exhibits “Q” and “R” respectively during
the pre-trial.

Q23: In the belief that you left no obligations, what did you
do thereafter?

A23: The defendant promised to return the remaining security

deposit within the week from the end of the lease period
or to be specific, within one week from 31 December
2020. After a week, I did not receive any amount from the
defendant representing the balance of the security
deposit. I called the defendant and demanded that the
amount be returned but such demand was left unheeded.
As a consequence, I was constrained to send a demand
letter to the defendant. In fact, two demand letters were
sent to her.

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Q24: When and how was the first demand letter sent?

A24: The first demand letter dated 20 January 2021 was sent
through courier on the same date.

Q25: I am holding a copy of the Demand Letter dated 20

January 2021. How is this related to the demand letter
you sent Defendant?

A25: It is the same demand letter which I sent to the

defendant.

Counsel manifests that the copy of the Demand Letter dated 20

January 2021 identified by the witness was marked as Exhibit
“M” during the pre-trial.

Q26: Did the Defendant receive the first demand letter?

A26: Yes.

Q26.1: How did you know that the Defendant

received the demand letter?

A26.1: The courier’s record shows that the mailing

receipt was signed by the defendant when the
demand letter was received. In addition to that,
I received a message through SMS confirming
the receipt by the defendant of the demand
letter.

Q26.2: Were you able to obtain a copy of the courier’s

record?

A26.2: Yes. I was provided a copy of the records as well

as the mailing receipts upon request from the
courier.

Q26.3: How about the text message? Were you able to

produce a copy to prove receipt?

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 A26.3: Yes. I took a screenshot of the text message and
printed the same from my computer.

Q26.4: With me are a copy of a record evidencing

delivery of a document as well as its
corresponding mailing receipt, and a copy of
a screenshot of a message from the courier
indicating successful delivery dated 21
January 2021. Are these the documents you
are referring to?

A26.4: Yes, Atty.

Counsel manifests that the copy of the mailing receipt

signed by the defendant and the SMS confirming such
receipt identified by the witness were marked as Exhibit
“S” and “T” during the pre-trial

Q27: Did the defendant respond to the first Demand Letter?

A27: No.

Q28: What did you do when there was no action on the part
of the Defendant?

A28: I sent another demand letter dated 15 February 2021.

Q28.1: If the second demand letter is shown to you,

will you be able to recognize it?

A28.1: Yes.

Q28.2: I am showing you a document entitled

“Demand Letter” consisting of one (1) page.
What is the relation, if any, of this document
to the one you just mentioned?

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 A28.2: That is the second demand letter I mentioned
which I sent to the defendant when no response
to the first demand letter was received.

Counsel manifests that the copy of the Demand Letter

dated 15 February 2021 identified by the witness was
marked as Exhibit “N” during the pre-trial

Q29: Did the Defendant receive the second demand letter?

A29: Yes.

Q29.1: How did you know that the Defendant

received the second demand letter?

A29.1: The courier’s record shows that the mailing

receipt was signed by the defendant when the
second demand letter was received. In addition
to that, I received a message through SMS
confirming the receipt by the defendant of the
demand letter.

Q29.2: I am holding a copy of courier record of delivery

and the corresponding mailing receipt, and a
printed screenshot of a text message from
courier stating that delivery of document
addressed to the Defendant had been successful
on 16 February 2021. How are these related to
the ones you mentioned?

A29.2: They are the same, Atty.

Counsel manifests that the copy of the mailing receipt

signed by the defendant and the SMS confirming such
receipt identified by the witness were marked as Exhibits
“U” and “V” respectively during the pre-trial.

Q30: How did the Defendant respond the second time?

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A30: The Defendant refused for the reason that she already
spent the deposit for personal expenditures. She made a
promise to pay for the remaining deposit when her means
permit her to do so.

Q31: What did you do next?

A31: Left with no choice, I sought the assistance of a lawyer to

collect the remaining deposit.

Q32: What is the status of the Defendant’s obligation as of

this moment?

A32: The balance of the security deposit in the amount of Php

85,000.00 remains unpaid.

Q33: Were there attempts by the Defendant to reach out to

you regarding said obligation from the time this case
was filed?

A33: None.

Q34: I have no more questions. Do you have anything else

to add in your statements?

A34: None.

Q35: Are you willing to sign your Judicial Affidavit?

A35: Yes, ma’am.

Affiant further sayeth naught.

IN WITNESS WHEREOF, I have hereunto affixed my

signature this 8th day of March 2021 at Mandaluyong City.

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 Teresa Amelia Garcia
TERESA AMELIA GARCIA
Affiant

SUBSCRIBED AND SWORN to before me this 8th day of

March at Mandaluyong City. I have identified the affiant
through his Driver’s License issued at Makati City on 26 May
2015 bearing his photograph and signature.

Annalise Kiting
ATTY. ANNALISE KITING
Notary Public for Mandaluyong City
Appointment No. 128
until December 31, 2021
Roll No. 36854; 04/20/05
IBP No. 61596; 01/05/08 –
Mandaluyong City
PTR No. 112496; 01/05/08 -
Mandaluyong City
MCLE Compliance No. VII-009876;
08/04/20
(639) 28 888 5533
a_kiting@yahoo.com

Doc. No. 15;

Page No. 14;
Book No. II;
Series of 2021.

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 ATTESTATION

I, Atty. Jenica B. Eva, of legal age, Filipino, and with office

address at 5th Floor Greenfield Tower, Mayflower Street,
Mandaluyong City, under oath and state that:

1. I conducted the examination of witness, Teresa Amelia

Garcia, on 8 March 2021, in connection with the above-
captioned case.

2. I faithfully recorded or caused to be recorded the

questions that I asked and the answers that the witness
gave as stated in his judicial affidavit.

3. Neither I nor any other person present or assisting the

witness coached him regarding his answer stated in his
Judicial Affidavit.

Jenica B. Eva
JENICA B. EVA
Affiant

SUBSCRIBED AND SWORN to before me this 8th day of

March 2021 at Mandaluyong City, affiant personally appeared
and exhibited to me her Integrated Bar of the Philippines
Identification Card with I.D. No. 961124 and bearing her
photograph and signature.

Annalise Kiting
ATTY. ANNALISE KITING
Notary Public for Mandaluyong City
Appointment No. 128
until December 31, 2021
Roll No. 36854; 04/20/05
IBP No. 61596; 01/05/08 – Mandaluyong City
PTR No. 112496; 01/05/08 - Mandaluyong City
Doc. No. 16; MCLE Compliance No. VII-009876; 08/04/20
Page No. 14; (639) 28 888 5533
Book No. II; a_kiting@yahoo.com
Series of 2021.

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COPY FURNISHED:

ATTY. TRICIA PANTALEON

Counsel for Defendants
C.F. Rodriguez Law Office
9th Floor, Cityland Pasong Tamo Tower
Chino Roces Avenue, Makati City

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