Republic of the Philippines

First Judicial Region

Municipal Trial Court in Cities
Branch 1
San Fernando City, La Union

OLIVER ROY MALIHAN Case No.___________________

Complainant,
For: Specific Performance
-versus-

MARISOL CARATULA
Respondent,
x----------------------------------x
Republic of the Philippines )
San Fernando City, La Union )S.S.

AFFIDAVIT
I, Oliver Roy Malihan, single, of legal age, and a Filipino Citizen, resident
of 3M 3rd Floor Jemma’s Apartment, Gov, Rivera Street, Lingsat, San Fernando
City, La Union, after having been sworn in accordance with the law do hereby
depose and state that:

1. I am filing a civil complaint for breach of Agreement against Respondent,

MARISOL CARATULA, single, of legal age, and a Filipino Citizen, and
with residential and postal address at, 33 DepEd Road, Catbangen, San
Fernando City, La Union, where she may be served with notices and
other processes of this Honorable Court.
2. On 15 May, 2022, respondent came to me asking for a loan of TWO
HUNDRED THOUSAND PESOS (Php. 200,000.00).
3. On the same day, respondent and I, entered into a Loan Agreement
attached hereto labeled as “Annex A”. Subsequently, I gave the loan
amount to respondent as soon as the document was signed.
4. The loan term was agreed by the parties to be payable for a period of
ONE (1) year, due on or before May 15, 2023.
5. The Loan Agreement was witnessed by a certain Jason Tijam
Sibonghanoy and is evidenced by an Affidavit of Witness attached hereto
labeled as “Annex B”.
6. On 15 May, 2023, the date of when the loan had become due and
demandable, I had made several demands to respondent, to pay the
loaned amount plus interest.
7. Unfortunately, Respondent had refused to give the money even though it
was clear to the parties and the witness that she had the means to do so.
8. After numerous failed attempts to collect the money that is due to me, I
had sent a Demand Letter to the respondent as evidenced by “Annex C”
 formally demanding the amount of Two Hundred Thousand Pesos plus
twelve per cent per annum.
9. Regrettably, this demand fell on deaf ears, and I was constrained to go to
the Barangay Hall of Catbangen to ensure the attendance of respondent.
However, no amicable settlement could take place.
10. Since no amicable settlement was achieved during the mediation
process with the Lupong Tagapamayapa, I requested for a Certification to
File Action as evidenced by “Annex D”.
11. I am filing this affidavit to support my complaint against Marisol
Caratula for breach of agreement with the Municipal Trial Court in Cities
Branch 1 First Judicial Region
IN WITNESS WHEREOF, I have hereunto set my hand this 23 rd of May 2023
at San Fernando City, La Union
_________________________
OLIVER ROY MALIHAN
Complainant
SUBSCRIBED AND SWORN to before me, this 23 rd of May 2023 at San
Fernando City, La Union. I hereby certify that I have examined the Affiant
and that I am fully satisfied that they voluntarily executed and understood
the contents of their Complaint Affidavit.

NOTARY PUBLIC
Atty. Paolo Antonio M. Macalino
Notary Public for_______
Appointment No.______Until______20___
Roll of Attorney No.____________
PTR No.______________ IBP No.___________
MCLE Compliance No.______________
Doc No._____;
Page No.______;
Book No._______;
Series of________;