JOSEPH C. ALMENDRA,
Defendant.
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Prefatory Statement
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.
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Purposes of the Affidavit
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;
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.
ANSWER: Lease Contract for the use and operation of a fuel refilling
station for ten years.
QUESTION NO. 10: Why did you file this case against him?
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. 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?
QUESTION NO. 15: If you know, how much is the total cost of those
merchandise?
QUESTION NO. 18: So what did you do with that problem, if any?
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ANSWER: The last time I knew, the Court had issued a twenty-day
temporary restraining order.
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, the court’s sheriff informed us that the defendant was
served a copy.
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. 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?
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?
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?
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ANSWER: We ask the court to legally intervene.
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?
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?
QUESTION NO. 40: Do you swear to have told nothing but the truth?
QUESTION NO. 41: Are you aware that if found telling a lie, you
could be charged and criminally held liable for perjury?
QUESTION NO. 42: And despite that, do you still want to sign this
affidavit?
ANSWER: Yes.
ANSWER: No more.
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Republic of the Philippines )
Tacloban City ) s.s.
2. I have not nor any other person present assisted or coached the
witness regarding the latter’s answer.
ATTY.RONELITO O. TICOY
Affiant
BIR TIN: 154-236-328
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