REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT

10th Judicial Region
Branch
Cagayan de Oro City

OBLENDA C. MARCOJOS, Civil Case No.

Plaintiff,

-versus- For: Torts and Damages

SPOUSES REYNALDO B.
CULLAMAR and ANNALIE
M. CULLAMAR,
Defendants.
x-----------------------------------------/

JUDICIAL AFFIDAVIT WITNESS ESAGANIE MERCADO

I, Esaganie Mercado, of legal age, married, Filipino citizen, with
residence address at District 2, Consolacion, Cagayan de Oro City 9000,
Misamis Oriental, state under oath as follows:

PRELIMINARY STATEMENT
The person examining me is Atty. Edward Rey Ebao Sasam, with
address at Door 7, 4C’s Flats, 9-29 St., Brgy. Nazareth, Cagayan de Oro
City. The examination is being held at Zone 3, Camp Evangelista, Patag,
Cagayan de Oro City. To the best of my personal knowledge, belief, basing
on authentic records available, I am answering his questions fully conscious
that I do so under oath and may face criminal liability for false testimony
and perjury.

PURPOSE: This affidavit/testimony of Esaganie Mercado is being offered

to prove the following that:
1.) He is one of the employees of the plaintiff.
2.) Defendants persuaded the other employees of the plaintiff to
terminate their respective employment and file a labor case against
the plaintiff before the Department of Labor and Employment
(DOLE).
3.) He was not illegally terminated by the plaintiff.
4.) He will authenticate his judicial affidavit.
5.) He will also testify on other matters that are relevant to this case.

Judicial Affidavit of Esaganie Mercado in Marcojos vs. Cullamar Page 1

Legend: Q – Question
A – Answer

1.) Q. Please state your name and other personal circumstances for the
record.

A. I am Esaganie Mercado, of legal age, married, Filipino citizen,

residing at District 2, Consolacion, Cagayan de Oro City.

2.) Q. Are you willing to tell the truth, nothing but the truth in this case?

A. Yes sir.

3.) Q. Why are you executing this affidavit?

A. I am here to give a sworn statement by way of judicial affidavit,

the same to constitute as my direct testimony in the above-
captioned case.

4.) Q. Do you know herein plaintiff?

A. Yes sir. Oblenda C. Marcojos (“Oblenda” for brevity) is my

employer.

5.) Q. Do you know herein defendants?

A. Yes sir. Annalie M. Cullamar (Annalie) was my co-employee at

the business owned by the plaintiff. While Reynaldo B. Cullamar
(Reynaldo) was washing utensils every 5pm to 7pm under a
“Pakyawan” system.

6.) Q. What is this business of the plaintiff that you are talking about?

A. It is the Darb’s Bakeshop, Bulaluan & Xerox Copier.

7.) Q. Where is it situated?

A. It is situated at Patag, Cagayan de Oro City.

8.) Q. During your employment with the business of plaintiff Oblenda,

were you able to perform your duties continuously?

Judicial Affidavit of Esaganie Mercado in Marcojos vs. Cullamar Page 2

 A. No sir. There was a time when I have to temporarily stop working.

9.) Q. Why is that?

A. Because I got sick.

10.) Q. Were you able to see a doctor?

A. Yes sir, with the assistance of Oblenda.

11.) Q. How did Oblenda assist you?

A. She accompanied me at the hospital to have a medical check-up.

12.) Q. What was the result of the said medical check-up?

A. The doctor advised to me that I need to rest for a few days from
work.

13.) Q. Did Oblenda allowed you to have rest for a few days?

A. Yes sir.

14.) Q. What happened next?

A. I heard rumors that I was terminated by Oblenda from my

employment.

15.) Q. Were those rumors true?

A. No sir.

16.) Q. So you were not terminated by Oblenda from your employment?

A. Yes sir.

17.) Q. Did you know who spread the said rumor?

A. Yes sir.

18.) Q. Who was it?

Judicial Affidavit of Esaganie Mercado in Marcojos vs. Cullamar Page 3

 A. It was Annalie.

19.) Q. Do you have any knowledge on the reason why Annalie was
spreading the said rumor?

A. It was because she’s using the same to convince our other co-
workers to turn against Oblenda.

20.) Q. What do you mean by them turning against Oblenda?

A. Annalie was persuading us the other co-workers to terminate their

employment in the business of Oblenda, and to file a case against
the latter before the DOLE.

21.) Q. Do you have anything more to say?

A. None for the moment.

22.) Q. Are you willing to sign this judicial affidavit to convey your
concurrence?

A. Yes sir, I am willing.

IN WITNESS WHEREOF, I have hereunto set my hand this 19th

day of August 2022, at Cagayan de Oro City, Philippines.

ESAGANIE MERCADO
Witness

SUBSCRIBED AND SWORN TO BEFORE ME, this 19th day of

August 2022, exhibiting his Driver’s License with No. M02-21-010448,
bearing his photo 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.

Judicial Affidavit of Esaganie Mercado in Marcojos vs. Cullamar Page 4

Doc. No. 419 ATTY. DEXTER BAQUIANO PRECIOSO
NOTARY PUBLIC
Page No. 84 Notarial Commission Until December 31, 2021
Roll No.62701; TIN No.452-664-622-000.Mis.Or.
Book No. 40 IBP OR No.141827; Dated, Jan. 27.2021
PTR No. 0712588; Dated, Jan. 22, 2021.Cag.de Oro
Series of 2022 MCLE Compliance No.VII-0000848; Sept. 4, 2019
Zone 3, Patag, Camp Evangelista, Cag.de Oro City
Pursuant to Supreme Court Resolution, October 26, 2021
Re: B.M. No. 3795. September 28, 2021
S.C. Resolution dated July 5, 2022

ATTESTATION

I, Atty. Edward Rey Ebao Sasam, of legal age, single, Filipino

citizen, with postal address at Door 7, 4C’s Flats, 9-29 St., Brgy. Nazareth,
Cagayan de Oro City, Philippines, the examination is conducted at the said
Office address, after being duly sworn depose and say:
1. I was the one who conducted the examination of the witness Esaganie
Mercado at the abovementioned office address;

2. I have faithfully recorded or caused to be recorded the questions I

asked and the corresponding answer that the witness gave; and

3. I did not know any other person then present or assisting him or
coached the witness regarding his answers.
IN WITNESS WHEREOF, I have hereunto set my hand this 19 th day
of August 2022 at Cagayan de Oro City, Philippines.

ATTY. EDWARD REY EBAO SASAM

Affiant

SUBSCRIBE AND SWORN TO BEFORE ME, a notary public in

and for Cagayan de Oro City, Philippines, this 19 th day of August 2022
affiant personally came and appeared with his IBP ID, Roll No. 81955,
known to me as the same person who personally signed the foregoing

Judicial Affidavit of Esaganie Mercado in Marcojos vs. Cullamar Page 5

instrument before me and avowed under penalty of law to the whole truth of
the contents of said instrument.
Doc. No. 426 ATTY. DEXTER BAQUIANO PRECIOSO
NOTARY PUBLIC
Page No. 86 Notarial Commission Until December 31, 2021
Roll No.62701; TIN No.452-664-622-000.Mis.Or.
Book No. 40 IBP OR No.141827; Dated, Jan. 27.2021
PTR No. 0712588; Dated, Jan. 22, 2021.Cag.de Oro
Series of 2022 MCLE Compliance No.VII-0000848; Sept. 4, 2019
Zone 3, Patag, Camp Evangelista, Cag.de Oro City
Pursuant to Supreme Court Resolution, October 26, 2021
Re: B.M. No. 3795. September 28, 2021
S.C. Resolution dated July 5, 2022

Copy furnished by personal service:

MUNICIPAL TRIAL COURT

Clerk of Court Branch No.
Cagayan de Oro City

SPOUSES REYNALDO B. CULLAMAR &

ANNALIE M. CULLAMAR
Defendants
#001, Zone 4, Camp Evangelista, Patag,
Cagayan de Oro City 9000

Judicial Affidavit of Esaganie Mercado in Marcojos vs. Cullamar Page 6