You are on page 1of 3

Republic of the Philippines }

City of Makati }

AFFIDAVIT

I, AMABELLE OMAGA, of legal age, Filipino, single, with office address at 14F LV
Locsin 6752 Ayala Avenue corner Makati Avenue, Makati City, after having been duly
sworn to in accordance with law, depose and state:

1. That Anchor Properties Corporation (APC), the owner and developer of the
202 Peaklane project, is a domestic corporation with office address at ____ and sec
registration number _____ and a subsidiary of Anchor Land Holdings Inc. (ALHI);

2. That I am the Senior Customer Service Manager of ALHI.’s Customer


Service Department (herein after referred to as “CS”) and I am tasked to instruct my
staff of the emails or communications sent by CS to the Representative and/or his
authorized representative.

3. That on March 1, 2021, CS through ___ emailed Ms. Miraluna Cerbo


(hereinafter referred to as the “Representative”), the mother and authorized
representative of Mr. Michael Adrian Cerbo, the buyer, to inform her that China Banking
Corporation is accepting application for 202 Peaklane home loans. The requirements for
the home loan applications that clients need to comply were also listed and the
instruction for verification and submission to the Bank were also given through the
same email.

A copy of the email dated March 1, 2021 regarding bank financing and its
requirement is attached and made an integral part hereof as ANNEX A.

4. That series of follow up emails was sent by CS to the Representative


regarding submission of bank loan applications forms but no response was received.

A copy of the follow up emails dated March 31, 2021, April 6, 2021 and April 13,
2021 regarding submission of bank loan applications by the Representative is attached
and made an integral part hereof as ANNEX B.

5. That on April 14, 2021, CS received a reply from the Representative asking
about the bank accreditation and construction update. The Representative said that she
will comply with the forms once she received an update about the construction.

CS replied through email to reiterate that Chinabank Head Office is assisting 202
Peaklane clients once CS received and forward to the Bank the filled out application
forms.

A copy of the email dated April 14, 2021 regarding assistance of Chinabank Head
office for 202 Peaklane clients is attached and made an integral part hereof as ANNEX C.
6. That on April 22, 2021 CS sent a Facebook link to the Representative for the
construction update of 202 Peaklane. CS received a reply from the Representative saying
that she will comply with the bank loan forms once the construction has reached 80%.

7. That on June 23, 2021, CS informed the Representative that based on her
Contract to Sell and Schedule of Payment, the unit was already due for bank financing.
CS reattached the loan application forms and informed the Representative through
email that she can submit the filled out forms and CS will endorse it to Chinabank to
contact the client for further inquiries.

A copy of the email dated June 23, 2021 informing the Representative that the
unit was already due for bank financing and reminding the client to submit filled out
forms is attached and made an integral part hereof as ANNEX D.

8. That on June 24, 2021, the Representative sent an email stating that
submitting an application is still not necessary since the construction is still not 100%
done. However, CS reiterated to the Representative that China Bank head office is
accepting loan applications for 202 Peaklane. It was also said that once the bank
received the attached forms and passed their parameters, the bank will immediately
contact the Representative to further discuss their offer.

9. That series of follow up emails was sent by CS to the Representative


regarding submission of bank loan applications forms. However, the Representative
responded the same statement that since the construction is not yet done, she will hold
off the submission of application. The Representative asked CS again to inform her once
the construction is at 80% so she can comply.

10. That on December 14, 2021 CS sent an email to the Representative


informing her that the latest construction update for 202 Peaklane may already be
viewed at the project’s official Facebook page. CS also re-attached the loan application
forms but there was no reply received.

11. That on June 9, 2022 Collection team forwarded to CS the reply of the
Representative to the Reminder letter sent by Collection team on June 7, 2022. CS sent
an email to the Representative instructing her to submit a request letter for waiving of
penalties. CS also emailed the available payment extension program available to the
Representative that she may consider but no reply was received.

12. That on August 10, 2022, Collection team forwarded to CS the reply of the
Representative to the second Reminder Letter sent by Collection team on the same date,
August 10, 2022. However, the Representative reiterated that Anchor Land cannot
collect penalties and she will not settle any amount due to the delay in construction and
turnover.

13. That on September 1, 2022 CS sent an email to the Representative


informing her that Anchor Land has been granted extension by Department of Human
Settlements and Urban Development (DHSUD) to complete the construction of the
project and is projecting the completion of the East Tower by December 2023.
CS also explained that Collection Team will continue referring to the original
payment schedule for any action they deem necessary for the account while waiting for
the Representative’s payment term proposal that does not involve a stop payment if any.
However, no reply was received from the Representative.

A copy of the email dated September 1, 2021 informing the Representative of the
extension granted by the DHSUD and CS referral to the original payment schedule is
attached and made an integral part hereof as ANNEX E.

14. That on September 27, 2022 CS received a reply email from Mr. Michael
Adrian Cerbo through his attorney to the Demand Letter sent to him dated August 26,
2022.

15. That on December 6, 2022, a Notice of Cancellation dated December 1, 2022


was sent to the client through registered mail and email. However, the Representative
demanded to finish the unit applied first before paying the balance.

A copy of the Notice of Cancellation (NOC) dated December 1, 2022 sent to the
Representative through email is attached and made an integral part hereof as ANNEX F.

16. That I executed this affidavit to attest the truthfulness of the foregoing facts
and to support the filing of case against ____________________ for violation of
________________________.

IN WITNESS WHEREOF, I hereby affixed my signature this ___________________


in Makati City, Metro Manila, Philippines.

___________________________________

KRISTINA CHERISSE DE LEON

SUBCRIBED AND SWORN TO before me this ___________________ in


_________________, Philippines, affiant exhibiting to me his/her competent evidence of
identity by way of _________________ issued at ______________ on __________________.

Doc. No. _____;


Page No. _____;
Book No. _____;
Series of 2023.

You might also like