AFFIDAVIT

 
            I, Ellaine Albiola, a Filipino citizen, of legal age, single, and a resident of Lutucan Bata, Sariaya, Quezon,
after having been duly sworn in accordance with law, hereby depose and say:
 
1. That on June 13, 2021, Mrs. Marites Virtucio, a resident of Brgy. Gulang Gulang Lucena city borrowed a total of
Php130,000 for her to use it on her son’s hospitalization. This is under the terms that they will pay this within 6
months monthly plus the 10% interest and should be paid in full by December 13, 2021. Our agreement was in
papers but it can’t be used in court as it was signed by her husband’s sister, Ms. Placema Lumberio. The
agreement was witnessed by Charito Dimayuga and Joselito Dimayuga, Juanita Albiola and Julius Solis.

2. The expected first payment on July 13, 2021 did not happen and Marites Virtucio advised me that she will
revert back to me when she contact her husband. She chatted that they will settle the first payment the next week
and will just reach out to me
 
3. After a week, I did not receive any update and followed up on them last July 23, 2021. Mrs. Maritess Virtucio
replied that they are just waiting for her husband’s pay and asked me to give them more time as her son will also
have a work as a seaman

4. This promise to settle from her husband’s payroll did not happen and I did not hear back from July 24, 2021 to
October 6, 2021 despite of my follow ups dated below;
 August 7, 2021
 August 9, 2021
 September 10, 2021
 October 6, 2021
I got a reply on October 7, saying that she will provide me an update “dis weeks” but did not heard back and
chatted them on below dates with no response;
 October 14, 2021
 October 19, 2021
 November 1, 2021
 November 5, 2021
On November 14, 2021, she replied and said, we will talk about it in December and did not reply when I asked
when in December

4. On March 19, 2022 because of no update from Mrs. Marites Virtucio, I created a group chat with Mrs Marites
Virtucio, her husband, Mr, Julio Vertucio and with the witnesses (my Auntie, my uncle and mother who were
witnesses and the ones who connected me to Mrs. Marites Virtucio). In this group chat, I followed up and asked
for help as I’m needing help for my finances. From there, I got a response from Mr. Julio Virtucio asking for more
time so they can settle what they owe me. It was a series and long exchange of chats between me and Mr. Julio
Virtucio, me following up and him promising different dates to settle what they owe me.

5. On May 1, 2022, they paid me the 6 months interest of Php 70,000 and promise to settle the principal
amounting to Php 130,000 after election and not later than May 31, 2022

6. Beginning May 23, 2022, I consistently followed up on their payment;

 May 23, 2022
 May 27, 2022 – Mr. Julio Virtucio replied he will give an update within the day but did not happen
 May 31, 2022 – I followed up and Mr. Julio Virtucio said they are still waiting for the funds from
the bank
 June 1, 2022 – I pleaded and asked them to help me and Mr. Julio Virtucio asked me to extend
on that week and gave me guarantee that he will pay the amount. He even said that the amount
is too small and he can pay
 June 8, 2022 – I followed up but no response
 June 10, 2022 – I followed up again and Mr. Virtucio replied that it will be until next week
  June 17, 2022 – I followed up but no response
 July 6, 2022 – I followed up but no response
 July 7, 2022 – Mr. Virtucio replied that he will give update on July 9
 July 10, 2022 – I followed up but no response
 July 14, 2022 – I followed up but no response
 July 20, 2022 – I followed up but no response
 July 29, 2022 – I followed up and Mr. Virtucio replied to give him “small time”. When I asked how
small is “small time” he even said that it will be in days
 August 12, 2022 – Mr. Virtucio replied on the next day to give him another week
 August 22, 2022 – I followed up but no response
 August 24,2022 – Mr. Virtucio said that he is already arranging his payment and even said that if I
go to court he can always say he doesn’t have the amount to pay

7. On August 30, 2022, I still did not get any update from them and decided to go their barangay to file the
complaint. The Brgy officials in Gulang Gulang issued 3 summons to them, which they did not attend leading the
case to be escalated to the Pangkat. We had 3 summons but Mr. Julio Virtucio attended only once promising that
they will settle this within a month, I did not agree for any arrangement and asked them to continue the case while
it’s not paid yet

8. On October 15, Pangkat issued a Katibayan Upang Makadulog sa Hukoman for me to escalate the case.

Further Affiant sayeth none. 

 
            IN WITNESS WHEREOF, I have hereunto affixed my signature this ......... day of ..................... , 20__
in ..................................... Philippines.
 
 
........................................................................      
 (Signature of Affiant over Printed Name)       
 
 
 
            SUBSCRIBED AND SWORN before me this........ day of ........................... 20__,
by ............................................. who exhibited to me his/her CTC No. ................................... issued
on ................................. at ...........................................
 
 
                                                                           Notary Public 
 
Doc.  No. .........:
Page No. .........;
Book No. .........;
Series of   20__.