Republic of the Philippines

8th Judicial Region

REGIONAL TRIAL COURT Branch 10
Abuyog, Leyte

SPS. VERTILLANO M. RELEVO, III, CIVIL CASE NO.: 724

& VILMA COMOTA RELEVO, FOR: BREACH OF
Plaintiffs, CONTRACT &
DAMAGES with
PRAYER FOR A WRIT
PRELIMINARY &
TEMP. RESTRAINING
ORDER
vs.

JOSEPH C. ALMENDRA,
Defendant.
x-------------------------------------------x

JUDICIAL AFFIDAVIT OF VILMA COMOTA RELEVO

Prefatory Statement

This is the Judicial Affidavit of VILMA COMOTA RELEVO, of

legal age, Filipino, married, and a resident of Brgy. Galenzoga, Baybay
City, Leyte. The statements were taken and recorded based on the
examination made by Notary Public Atty. Ronelito O. Ticoy, at his law
office at G/F M. B. Yu Bdlg, Real St., Tacloban City on April 7, 2016.

The witness was examined and gave her statements and answers
in the language which she understands. She answered under oath and
had sworn that she understood her statements made here and stands
for their veracity, fully conscious that she may face criminal liability
for false testimony or perjury.
1
Page
Purposes of the Affidavit

This Judicial Affidavit is offered in lieu of a witness’s direct

testimony pursuant to Administrative Matter No. 12-8-8-SC, to prove
that:

1. The witness and her husband has an existing ten-year lease and
operate contract with the defendant regarding the operation of a
fuel refilling station located on Lot No. 2-D, Psu-60839, situated
at Brgy. Nalibunan, Abuyog, Leyte, since April 25, 2014;

2. Without any legal ground, the defendant had unlawfully

breached the lease contract by forcibly entering the premises of
the gasoline station, driving away all its employees and
unlawfully occupying the same and doing other illegal acts to
the exclusion, damage and prejudice of the plaintiffs and the
persons under their employ;

3. The defendant still adamantly refused to allow the plaintiffs to

resume the operation of the fuel refilling station despite being
issued and served a temporary restraining order and the validity
of the ten (10)- year lease contract ;

4. The continued refusal by the defendant to allow the plaintiffs to

resume in the operation of the fuel filling station has been
causing great damage, prejudice and irreparable injury to
plaintiffs, their business interests, rights arising out of the lease
contract and the rights and employment of their employees; and

5. She will identify relevant documents and will also testify on such
other material and relevant to matters to prove the allegations in
the complaint.

The following questions and answers were asked and recorded:

QUESTION NO. 1: Please state your name, age, civil status,

occupation and present address.

ANSWER: I am Vilma Comota Relevo, of legal age, married, and a

resident of Brgy. Galenzoga, Baybay City, Leyte.
2
Page
QUESTION NO. 2: Why are you here?

ANSWER: I will make a judicial affidavit about the case we filed

against Joseph C. Almendra.

QUESTION NO. 3: What is your participation in this case, if any?

ANSWER: I am the co-plaintiff.

QUESTION NO. 4: What is this case all about, if you know?

ANSWER: It pertains to a Breach of Contract.

QUESTION NO. 5: What kind of contract is that?

ANSWER: Lease Contract for the use and operation of a fuel refilling
station for ten years.

QUESTION NO. 6: Where is this station located?

ANSWER: It is in Nalibunan, Abuyog, Leyte.

QUESTION NO. 7: Do you have any proof of the existence of this

Lease Contract?

ANSWER: Yes sir.

QUESTION NO. 8: Will you agree to attach a copy of that Lease

Contract to this affidavit and identify it in court later as Exhibit A and
Series?

ANSWER: Yes sir.

QUESTION NO. 9: Who is the lessor in this contract?

ANSWER: Joseph C. Almendra, he is also the owner.

QUESTION NO. 10: Why did you file this case against him?

ANSWER: He violated the Lease Contract.

3
Page
QUESTION NO. 11: Why did you say that?

ANSWER: On March 16, 2016, he had forcibly taken over the premises
of the refilling station and drove our employees therefrom without any
legal ground and despite that the contract is still in effect.

QUESTION NO. 12: How did you know about this?

ANSWER: Our employees had informed us about it.

QUESTION NO. 13: What did you next, if any?

ANSWER: We sought to have a dialogue with the defendant, but he

did not allow us to resume in the occupancy and the operation until
now.

QUESTION NO. 14: At the time that the defendant had forcibly
entered the premises and drove your employees away, what were the
merchandise stored in the premises, if any?

ANSWER: The following were stored in the premises:

a. XCS-126 Gasoline 10, 247 liters;
b. UL-41 2, 272 liters;
c. DIESEL Fuel 3, 709 liters
d. Lubricants valued @ PHP 75, 346.00

QUESTION NO. 15: If you know, how much is the total cost of those
merchandise?

ANSWER: The aggregate value of such deliveries and inventories

would be at PHP 702, 480.20.

QUESTION NO. 16: What is the status of these merchandise now?

ANSWER: They are still there; unsold.

QUESTION NO. 17: Why?

ANSWER: Because Joseph C. Almendra did not allow us to enter the

premises.

QUESTION NO. 18: So what did you do with that problem, if any?
4

ANSWER: We filed this case against Joseph C. Almendra.

Page
QUESTION NO. 19: You said we, who is the other complainant?

ANSWER: My husband, Vertillano M. Relevo III.

QUESTION NO. 20: What is the status of the case now

ANSWER: The last time I knew, the Court had issued a twenty-day
temporary restraining order.

QUESTION NO. 21: If you know, what is this temporary restraining

order about?

ANSWER: It ordered the defendant to CEASE and DESIST from

prohibiting us of the use of the leased premises subject of our contract
of lease for a period of twenty (20) days from service thereof.

QUESTION NO. 22: Do you have a copy of this Order?

ANSWER: Yes sir.

QUESTION NO. 23: Will you agree to attach a copy thereof to this
Affidavit as EXHIBIT B and Series and identify that in court later?

ANSWER: Yes sir.

QUESTION NO. 24: Was the defendant aware of the temporary

restraining order?

ANSWER: Yes, the court’s sheriff informed us that the defendant was
served a copy.

QUESTION NO. 25: Did he comply with the order?

ANSWER: No, he did not.

QUESTION NO. 26: Why did you say that?

ANSWER: It took another court employee to open the premises.

QUESTION NO. 27: Where you able to resume operation of the

station after it was opened?

ANSWER: Not yet sir.

5
Page
QUESTION NO. 28: Why?

ANSWER: Joseph Almendra has removed all the receipt

booklets/sales invoice booklets and took away the generator set from
the premises of the station.

QUESTION NO. 29: Why did you say that?

ANSWER: He had the keys to the station and he is the only person
who should have the motive to do it; not us nor our employees.

QUESTION NO. 30: If you can recall, was there any act on your part
which prompted the defendant to breach the lease contract?

ANSWER: None, sir. We had been dutifully paying our rentals even
until the time that he had forcibly deprived us of the possession and
operation of the station.

QUESTION NO. 31: Do you have proof of your payment of rentals?

ANSWER: Yes sir.

QUESTION NO. 32: Will you agree to attach a copy of this proof of
rental payment as EXHIBIT C and Series then identify that in court
later?

ANSWER: Yes sir.

QUESTION NO. 33: Since you could still not operate the station until
now, how much, if any, do you lose from the cessation of your business
operation?

ANSWER: On the average, it would be at PHP 50,000.00 per month,

net of operational expenses.

QUESTION NO. 34: What about your employees in the station, where
are they now?

ANSWER: We still pay them their salary, they are just waiting for us
to resume operations.

QUESTION NO. 35: What do you want the court to do in your favor
now?
6
Page
ANSWER: We ask the court to legally intervene.

QUESTION NO. 36: Why?

ANSWER: Only the court can legally stop the defendant from doing
any further unlawful acts that are prejudicial to our rights and interests
in the Lease Contract.

QUESTION NO. 37: What will happen if the court will not enjoin the
defendant from further depriving you of the right to operate the
station?

ANSWER: We will be greatly prejudiced and more irreparable damage

or injury will occur. We had been losing money since March 16, 2016-
all because of the breach committed by the defendant.

QUESTION NO. 38: Suppose the court grants your application for
relief, but later on finds out that you are not entitled to it, will you be
willing to compensate for the injury caused on the adverse party?

ANSWER: Yes sir.

QUESTION NO. 39: How will that be possible?

ANSWER: We will obey court requirements and submit to its decision.

QUESTION NO. 40: Do you swear to have told nothing but the truth?

ANSWER: Yes sir.

QUESTION NO. 41: Are you aware that if found telling a lie, you
could be charged and criminally held liable for perjury?

ANSWER: Yes sir.

QUESTION NO. 42: And despite that, do you still want to sign this
affidavit?

ANSWER: Yes.

QUESTION NO. 43: I have no other questions for you, do you

anything more to say?
7

ANSWER: No more.
Page
 -------------END OF INQUIRY-----------

Republic of the Philippines )

Tacloban City ) s.s.

AFFIANT’S OATH AND ATTESTATION

I, VILMA COMOTA RELEVO, of legal age, capacity and

without any vice of consent, hereby attest to have voluntarily and
truthfully made the answers to the foregoing questions.

IN WITNESS WHEREOF, I have hereunto affixed my signature

this day, _______________, in Tacloban City, Philippines.

VILMA COMOTA RELEVO

Affiant

SUBSCRIBED AND SWORN to before me, this day,

______________, in Tacloban City, Philippines, affiant being
personally known to me.

Doc No:
Page No:
Book No:
Series of 2016
8
Page
Republic of the Philippines )
Tacloban City ) s.s.

LAWYER’S SWORN ATTESTATION

I, ATTY. RONELITO O.TICOY, Filipino, of legal age, married, a

member in good standing of the Integrated Bar of the Philippines,
Leyte Chapter and with office address at G/F M.B. Yu Bldg., Real St.,
Tacloban City, hereby depose under oath that:

1. I have faithfully recorded or caused to be recorded the questions

I have asked to the above witness and the corresponding answer
that the witness gave; and

2. I have not nor any other person present assisted or coached the
witness regarding the latter’s answer.

IN WITNESS WHEREOF, I have hereunto affixed my signature

this day, _______________, in Tacloban City, Philippines.

ATTY.RONELITO O. TICOY
Affiant
BIR TIN: 154-236-328

SUBSCRIBED AND SWORN to before me, this day,

______________, in Tacloban City, Philippines, affiant showing to me
his competent proof of identity as indicated above.

Doc No:
Page No:
Book No:
9

Series of 2016
Page