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REPUBLIC OF THE PHILIPPINES


REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
Quezon City, Branch 76
LEVI S. LOMUNTAD
Plaintiff,
Civil Case No. 1147
-versus-

FOR: COLLECTION OF SUM OF


MONEY

RAFAEL M. MILITANTE
Defendant,
X -------------------------------- X

JUDICIAL AFFIDAVIT OF
LEVI S. LOMUNTAD
I, LEVI S. LOMUNTAD, 24 year old, single, Filipino, businessman residing at
27 Kanlaon St., Caloocan City, plaintiff in this case, state under oath the following:
PRELIMINARY STATEMENT
I am being examined by Atty. Steven Charles R. Ruiz in his office located at
306 Tomas Morato Ave, Quezon City. My judicial affidavit is being taken at the
same address, and in the presence of Ma. Lourdes M. Santos, the office secretary
and Paolo B. Anchustegui, my companion. I am answering his questions
voluntarily, to the best of my knowledge and fully conscious that I do so under
oath and may face criminal liability for false testimony and perjury.
This Judicial Affidavit is being offered to prove the following:
1. That defendant Rafael M. Militante is indebted to the herein plaintiff in the
amount of EIGHT HUNDRED NINETY SIX THOUSAND PESOS (Php
896,000.00) and that his debt had become due;
2. That said defendant Rafael M. Militante unlawfully refused to pay despite
repeated verbal and written demands; and
3. All other related matters, facts, and circumstances relevant and material to
this case.
I. Q: Mr. Witness, please state your name and other personal circumstances for
the record.
Steven Charles R. Ruiz

EVIDENCE- 3G 2015-2016
DEAN WILLARD RIANO

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A: I am Levi S. Lomuntad, 29 years old, single, Filipino, businessman, a


resident of Caloocan City.
II. Q: Are you the same Levi S. Lomuntad who is the plaintiff in this case?
A: Yes, sir.
III. Q: Will you please tell us what the nature of this case is?
A: This is an action for collection of sum of money against Rafael M.
Militante.
IV. Q: Who is this Rafael M. Militante?
A: Rafael M. Militante is the defendant in this case. He used to be my friend
and business partner in my Software Development Firm.
V. Q: How much did Mr. Militante borrow from you?
A: He borrowed from me the sum of eight hundred thousand (800,000.00)
pesos
VI. Q: What was the money for, if you know?
A: He claimed that the money was to be used to finance the construction of an
additional floor to his house.
VII. Q: When did Mr. Militante borrow the money from you?
A: He borrowed the money on July 14, 2015.
VIII. Q: What were the terms and conditions of payment?
A: Given that I immediately procured for him the entire sum, we had agreed
that the entire obligation was to be paid in three (3) monthly installments until
October 14, 2015. The agreed monthly interest rate was at 4%.
IX. Q: How much does Mr. Militante owe you in total?
A: Including interest, he now owes me a total of eight hundred ninety six
thousand (P896, 000.00) pesos.
X. Q: What proof do you have, if any, that Mr. Militante borrowed money from
you?
A: He executed a promissory note in my presence and in the presence of our
executive secretary, Paolo B. Anchustegui.
XI. Q: Showing to you this promissory note, will you please tell us what relation
has this document to the promissory note you earlier mentioned?
Steven Charles R. Ruiz

EVIDENCE- 3G 2015-2016
DEAN WILLARD RIANO

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A: This is the same promissory note that was executed by Mr. Militante.
(Witness is referring to the promissory note marked as Exhibit A.)
XII. Q: What happened to your agreement, if any?
A: Mr. Militante failed to pay me on the agreed date of October 14, 2015.
XIII. Q: When he did not comply with your agreement, what did you do next, if any?
A: October 14, 2015 was a Wednesday, and we used to have corporate
meetings every Wednesday. So I talked to him after the meeting that same day,
demanding from him the payment of her debt.
XIV. Q: What did you talk about, if any?
A: He asked for an extension of the time to pay the debt. He promised that he
would instead pay the debt on October 26, 2015.
XV. Q: What happened next, if any?
A: On October 26, 2015, he failed to go to work that day. So I called him on
his cell phone. He could not, however, be reached, so I went to his house after
work hours to see him.
XVI. Q: What happened when you went to his house, if any?
A: I was let in by his house maid, Ms. Conchita. But to my dismay, she told me
that her amo Mr. Militante had given her an advance on her salary, and had
gone out of town since two weeks ago, and she had not been told where he
went and when he
would be back, only that she guard the house.
XVII. Q: What did you do upon learning of his leaving, if any?
A: I asked Ms. Conchita about the progress of the construction on the upper
floor of the house.
XVIII. Q: What did she say, if any?
A: She seemed perplexed, and said that there never was any construction going
on to extend the house.
XIX. Q: What did you do then, if any?
A: The next day, I went to my lawyers office and instructed him to prepare
a written demand letter to be sent to Mr. Militante.
XX. Q: Showing to you this demand letter, what relation has this document to the
demand letter you earlier mentioned?
A: This is the same demand letter prepared by my lawyer.
(Witness is referring to the demand letter marked as Exhibit B.)
Steven Charles R. Ruiz

EVIDENCE- 3G 2015-2016
DEAN WILLARD RIANO

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XXI. Q: What did you do with the demand letter?


A: I sent it to Mr. Militante on October 27, 2015 through registered mail.
XXII. Q: How did you know that he received the demand letter?
A: The registry receipt was returned to me and it stated that he received the
demand letter personally because his signature was affixed therein.
XXIII. Q: Showing to you this registry receipt, what relation has this document to the
registry receipt you mentioned?
A: This is the same registry receipt that was returned to me.
(Witness is referring to the registry receipt marked as Exhibit C.)
XXIV. Q: What happened next, if any?
A: Despite the written demand, he still failed to pay his debt, and he never
returned to work after that.
XXV. Q: What was the effect of his failure to comply with your agreement?
A: I suffered sleepless nights due to anxiety. As majority owner, and
manager of my Software Development Firm, I always kept a substantial
amount of cash at hand as a buffer to keep the business afloat in case it
encountered any financial problems, which it did actually encounter soon
after I demanded payment from Mr. Militante.
XXVI. Q: Aside from sleepless nights, what else resulted from her failure to comply
with your agreement?
A: I incurred several expenses when I engaged the services of my lawyer
under an agreement that I will pay him P25, 000 as acceptance fee and
P5,000 as appearance fee in the hearings and other litigation expenses which
may arise.
XXVII. Q: When he still failed to pay despite your demand, what did you do next, if
any?
A: On November 25, 2015, I filed an action for collection of sum of money
against Mr. Militante.
XXVIII. Q: After the filing of this case, what happened to the sum of money Mr.
Militante owes you?
A: It remains unpaid to this day.
XXIX. Q: Lastly, why did you file this case, Ms. Witness?
Steven Charles R. Ruiz

EVIDENCE- 3G 2015-2016
DEAN WILLARD RIANO

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A: I filed this case because I want Mr. Militante to pay his debt and to
compensate me for the damages I have suffered, and the legal costs he made
me incur.
IN WITNESS WHEREOF, I have hereunto set my hand this 5th day of January
2016 in Quezon City.
___________________
LEVI S. LOMUNTAD
AFFIANT
SUBSCRIBED AND SWORN TO BEFORE ME, a Notary Public in and for Quezon
City this 8th day of April 2016. Affiant personally came and appeared with his Drivers License
with License No. L08-12-021607 issued by the Land Transportation Office on July 11, 2015,
bearing his signature and photograph, 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.
Atty. Marco P. Orosco
Notary Public for Quezon City
9 Jupiter St., Greenland Village, Quezon City
Appointment No. 123 Until December 31, 2016
IBP No. 123456; 09/10/15Quezon City
PTR No. 123456; 01/10/14Quezon City
Roll No. 1234 8/08/08
MCLE No. I 001234; 9/09/12
MCLE No. II 005678; 12/09/12
Serial No. of Commission L-12

Doc No. ______


Page No. _____
Book No. _____
Series of 2016

ATTESTATION

I, Atty. Steven Charles R. Ruiz, of legal age, Filipino, with office address at 306
Tomas Morato Ave, Quezon City, after being duly sworn depose and say:
1. I was the one who conducted the examination of Levi S. Lomuntad for Civil Case No.
1147, at my aforementioned office in Quezon City;
2. I have faithfully recorded or caused to be recorded the questions I asked and the
corresponding answers that the witness gave;

Steven Charles R. Ruiz

EVIDENCE- 3G 2015-2016
DEAN WILLARD RIANO

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3. I nor any other person then present or assisting him coached the witness regarding his
answers.

IN WITNESS WHEREOF, I have hereunto set my hand this 5th day of January 2016 in
Quezon City.

Atty. Steven Charles R. Ruiz


Affiant
IBP No. 860254; 01/10/15Quezon City
PTR No. 851663; 01/10/15Quezon City

SUBSCRIBED AND SWORN TO BEFORE ME, a Notary Public in and for Quezon
City this 8th day of April 2016. Affiant personally came and appeared with his Passport with
Passport No. EC0930511 issued by the Department of Foreign Affairs on April 26, 2014, bearing
his signature and photograph, 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.
Atty. Marco P. Orosco
Notary Public for Quezon City
9 Jupiter St., Greenland Village, Pasig City
Appointment No. 123 Until December 31, 2016
IBP No. 123456; 09/10/15Quezon City
Doc No. ______
Page No. _____
Book No. _____
Series of 2016

Steven Charles R. Ruiz

EVIDENCE- 3G 2015-2016
DEAN WILLARD RIANO