I, ROXANNE MERCEDES ACAP, of legal age, single, and living at Iloilo City, a
witness for the plaintiff in this case, state under oath as follows:
PRELIMINARY STATEMENT
The person examining me is Atty. Maria Lorena Tomulto with address at Door 21
Zerrudo Commercial Complex, E. Lopez St., Jaro, Iloilo City. The examination is being
held at the same address. I am answering her questions fully conscious that I do so
under oath and may face criminal liability for false testimony and perjury.
This Judicial Affidavit of the witness ROXANNE MERCEDES ACAP is being offered
as evidence for the Plaintiff to prove the following:
1. That the respondent has executed a promissory note evidencing a loan of
One Million Pesos from the plaintiff;
2. That she had received the said amount according to the companys loan
release sheet; and
3. That the respondent failed to pay the loaned amount even after a demand by
the plaintiff has been made.
Questions were propounded by Atty. Maria Lorena Tomulto and questions are
numbered consecutively and each question is followed by an answer of the witness.
1. Q:
A:
Please state your name and other personal circumstances for the record.
I am Roxanne Mercedes Acap, 36 years old, residing at Lot 4 Block 2
Queen Palm St., Villa Las Palmas, Jaro, Iloilo City.
2. Q:
Are you the same Roxanne Mercedes Acap who is named as a witness
for the plaintiff in this case?
A:
3. Q:
A:
4. Q:
A:
5. Q:
A:
Yes, maam.
What is your position in Panay Finance Corporation?
I am the Head of Finace at Panay Finance Corporation
Do you know Ms. Althea Julienne Acac?
Yes.
How did you come to know Ms. Acac?
She went to our office in Zerrudo Commercial Complex and asked me
about the companys loan services.
6. Q:
A:
7. Q:
A:
8. Q:
A:
9. Q:
A:
It stated in summary that Ms. Acac borrowed One Million Pesos (Php
1,000,000.00) from Panay Finance Corporation and promised to pay
the amount on or before March 28, 2015.
10. Q:
A:
11. Q:
A:
12. Q:
A:
13. Q:
(Showing the promissory note to the witness) What is this document, Ms.
Acap?
A:
14. Q:
A:
15. Q:
Yes, maam.
I am marking the signature on this promissory note above the name
Althea Julienne Acac as Exhibit A-1, do you confirm my action?
A:
16. Q:
A:
Yes, maam
You mentioned a loan release sheet, what does it show?
It shows that Ms. Acac received the amount of one million pesos as
loan from the bank.
17. Q:
A:
18. Q:
A:
19. Q:
How were you able to identify that Ms. Acac herself received the
amount?
A:
She signed on the loan release sheet with her printed name and
signature.
20. Q:
What was the appearance of the signature in the loan release sheet as
compared to the signature in the promissory note?
A:
21. Q:
A:
22. Q:
A:
23. Q:
24. A:
Yes, maam.
25. Q:
What happened when the due date for the payment of the loan arrived?
A:
26. Q:
A:
Nothing. Ms. Acap did not pay the amount, contrary to what she promised.
What made you say that?
There was nothing in the records of the company that Ms. Acac paid or
even offered to pay the loan.
27. Q:
A:
28. Q:
A:
29. Q:
A:
30. Q:
A:
31. Q:
How did you know that it was Ms. Acac who received the demand letter?
A:
The signature in LBCs receipt records was the same as the one that was
affixed in the promissory note and the loan release sheet.
32. Q:
What date did Ms. Acac receive the demand letter according to the LBC
records?
A:
33. Q:
A:
Nothing. Ms. Acac still did not make any effort to pay the loan.
34. Q:
A:
35. Q:
A: No.
IN WITNESS WHEREOF, I have hereunto set my hand this 25th day of April,
2016 here in the City of Iloilo.
SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for the
City of Iloilo and the Province of Iloilo this 25th day of April 2016. Affiant personally came
and appeared with PRC License ID No. 0112021 issued by the Professional Regulation
Commission on October 21, 1998 and valid until February 13, 2018 at the City of
Manila, bearing her photograph and signature, 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.
ATTESTATION
I, MARIA LORENA G. TOMULTO of legal age, Filipino, single, with office
address at Door 21 Zerrudo Commercial Complex, E. Lopez St., Jaro, Iloilo City, on
oath depose and state that:
1. I was the lawyer who conducted the examination of the witness ROXANNE
MERCEDES ACAP at my aforementioned office in Iloilo City;
2. I have faithfully recorded or caused to be recorded the questions I asked and
the corresponding answer that the witness gave;
3. I nor any other person then present or assisting her coached the witness
regarding her answers;
IN WITNESS WHEREOF, I have hereunto set my hand this 25th day of April
2016 at the City of Iloilo.
SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for the
City of Iloilo and the Province of Iloilo this 25th day of April 2016. Affiant personally
came and appeared with Professional Drivers License No. F0610003602 issued by the
Land Transportation Office on March 28, 2012 and valid until July 17, 2017 at the City
of Iloilo, bearing his photograph and signature, 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.
Copy furnished:
Atty. Vivien Villa
Villa Law Office
General Luna Street
Iloilo City