REPUBLIC OF THE PHILIPPINES)

Province of Camarines Sur) S.S.

City of Naga)
x-----------------------x

AFFIDAVIT
I, ESTER B. CABASE, Filipino, of legal age, marrried, and a resident of Zone 2,
Balagbag, Milaor, Camarines Sur, after being duly sworn in accordance with law, depose
and state:
1. That on June 2, 2013, CRISENCIANA OLITOQUIT approached me and my
husband to ask if we could let her borrow bagas and ata for her to sell
because she has no funds or capital to do so;
2. Because of her well-mannered approach, we obliged to lend her bagas and
ata for her to sell. For the first two loans she obtained from us, she was
diligent in paying her debts;
3. That upon her third loan, she failed to pay her obligation for the reason that
she also loaned said bagasand ata to others;
4. That she promised to pay us her debt and further requested that she be
permitted to borrow another set of bagas and ata of which we again
obliged;
5. We trusted her sincerity in paying her debts such that we let her obtain other
loans from us which amounted to TWO HUNDRED FOUR THOUSAND
NINETY TWO PESOS (PhP204, 092.00) starting from the time she
obtained her first loan on June 2, 2013 up to June 27, 2013;
6. From the month of June 2013 up to September 2013, she already paid the
total amount of ONE HUNDRED FORTY-NINE THOUSAND TWO
HUNDRED SEVENTEEN PESOS (PhP149,217.00), giving her an unpaid
balance of FIFTY FOUR THOUSAND EIGHT HUNDRED SEVENTY-FIVE
PESOS (PhP54,875.00);
7. Because of her inability to pay the remaining balance, she executed a written
instrument in our favor, with her nephew as witness, to mortgage her one
hectare (1) land to secure the amount of SIXTY THOUSAND PESOS
(PhP60,0000.00) as payment for her balance and as additional provision of
said mortgage, we were given authority to cultivate said tract of land offered
as security for a period of two (2) years;

8. However, no proof was ever given to us evidencing the existence of said

land and so I demanded from her the remaining balance of her loan and she
promised to pay the same as soon as she received the payment for the sale
of her land which was the same land that she offered as security for the
balance of her loan;
9. That it came to my knowledge that she was already received the purchase
price of the land she sold but she still did not pay the balance of her loan;
10. That I filed a formal complaint with the Barangay Pamukid of San Fernando,
Camarines Sur from where she resides and in so doing, she made a promise
to pay half of her debt;
11. That despite said complaint, no payment was ever made and so it prompted
me to follow up on my complaint with the said Barangay upon which they
summoned her but she no longer made her appearance before the same;
12. That because of said incident, the Barangay Captain advised me to file a
formal complaint with the proper forum since the amount involved is beyond
their jurisdiction and that there was no active participation from Crisenciana
Olitoquit to settle the matter;
13. That because of the foregoing incidents, Crisenciana Olitoquit managed to
pay the amount of THIRTEEN THOUSAND THREE HUNDRED PESOS
(PhP13,350.00) leaving her with a balance of FORTY ONE THOUSAND
FIVE HUNDRED TWENTY FIVE PESOS (PhP41,525.00);
14. That she argued that her balance should only be the amount of THIRTY
ONE THOUSAND PESOS (PhP31,000.00) based on her own
computations because she insisted that her debt on June 17, 2013 should
not be included;
15. That in order for her to pay her debt, I agreed with her computation of the
remaining balance and demanded that she consign her payment to Atty.
Godofredo B. Guzman within ten (10) days from said agreement;
16. That said ten-day period had already elapsed and no payment was made;
17. That I am executing this affidavit in support of my Statement of Claim
before the 5th Municipal Circuit Trial Court (Camlaigan-Gainza-Milaor) and for
whatever lawful purpose it may serve;

IN WITNESS WHEREOF, I have hereunto set my hand this _____________ at

_____________, Philippines.
ESTER B. CABASE
AFFIANT
SUBSCRIBED AND SWORN to before me, this _____________, by the Affiant
who exhibited to me her competent evidence of identity .
NOTARY PUBLIC
Doc. No. ______;
Page No. ______;
Book No.______;
Series of 20____.