REPUBLIC OF THE PHILIPPINES

8th Judicial Region

MUNICIPAL TRIAL COURT
Tacloban City
Branch No. 2

ABC Lumber Yard & Hardware Inc. Civil Case No. 13

Plaintiffs, For: Collection of
Sum of Money

- versus -
XYZ Construction Company
Defendants.
x---------------------------------------------x

JUDICIAL AFFIDAVIT
(Rule on Judicial Affidavit,
A.M. No. 12-8-8-12, September 4, 2012)

I. PRELIMINARY INFORMATION.

A. NAME AND OTHER PERSONAL CIRCUMSTANCES OF

THE WITNESS.

Name : John Snow

Age : 32 years old;
Address : Braavos St., Green hills Subdivision, Tacloban City
Occupation : General Manager ABC Lumber Yard & Hardware Inc.;
Language : English, Tagalog, Waray-waray dialect
 B. LAWYER WHO CONDUCTED OR SUPERVISED THE
EXAMINATION OF THE WITNESS.

Name : Atty. Maria Fe L. Alconaba

Address : Alconaba & Associates Law Offices, Unit 13, Star Wars, C.V. Starred
Ave., Winterfell Village, Tacloban City 6500.
Place of Examination: Alconaba & Associates Law Offices, Unit 13, Star Wars,
C.V. Starred Ave., Winterfell Village, Tacloban City 6500.

II. OFFER.

The testimony of the witness John Snow is being offered to prove the:

1. The unpaid obligations of the various construction materials delivered to

XYZ Company;
2. The amount of unpaid obligation with a sum total of P332,000.00;
3. The defendant recieved the delivered construction materials;
4. The defendant recieved the demand letter sent by the plaintiff;
5. The identity of the defendant;
6. The legal bases for the claim/prayers of the plaintiffs.

III. JUDICIAL AFFIDAVIT PROPER.

I, John Snow, 32 years old, married, Filipino, and residing at, Braavos St.,
Green hills Subdivision, Tacloban City under oath, depose:

1. Q – Please state your name, age, residence, and occupation of the

witness.
A – I am John Snow, 32years old, married, residing at, Braavos
St., Green hills Subdivision, Tacloban City, manager of ABC Lumber
Yard and Hardware Inc.
 2. Q- Why are you here now?

A – To give a sworn statement by way of a judicial affidavit, the

same to constitute as my direct testimony, in the above-captioned civil
case.
3. Q- For the record, please state the name and address of the
Lawyer who is now conducting or supervising your
examination and the place where the examination is being held now?

A – The legal counsel for the plaintiffs, Atty. Maria Fe Alconaba, is

conducting or supervising my examination now at her law office
(ALCONABA & Associates Law Office) located at:
Unit 13, Star Wars, C.V. Starred Ave., Winterfell Village, Tacloban City 6500.

4. Q – In what language do you want your examination to be

conducted?

A – This judicial affidavit is prepared in English. But I prefer that my cross

examination be conducted in Waray-waray for my convenience and for clarity.
5. Q – Do you undertake to answer the questions to be asked of you, fully
conscious that you will do so under oath, and that you may face criminal liability
for false testimony or perjury?

A -Yes.
6. Q – Let us now proceed to the Complaint. Do you know the defendant,
XYZ Construction?
A – Yes. The construction company is our costumer, we delivered
construction materials to them.
7. Q – What construction materials?
A- Various construction materials.
8. Q - What was the total amount of the various construction materials
delivered to the defendant?
A – A total amount of P332, 000.00, from five different transactions.
9. Q - Do the defendant able to pay the said amount after you completed
the delivery of the said materials?
A –No.
10. Q - Was the defendant able to receive the various construction materials
delivered to them?
A– Yes.
11. Q - What is your proof that the defendants received the said
construction materials?
A- We have a delivery receipts and we issued five sales invoices to
the defendants.
12. Q - Where is that delivery receipts now?
A - In my possession.
13. Q - How about the Sales invoices?
A – In my possession also.
14. Q – What was the action taken by your company for the failure of the
defendants to fulfill the unpaid obligations?
A- The company with the aid of our counsel wrote a demand letter
to the defendant for its unpaid obligations.
15. Q –What was the response or the action taken by the defendants?
A– None.
16. Q – Mr. Witness when did you started working for ABC Lumber Yard
& Hardware Inc.?
A- I started working since 2005
17. Q –How long have been employed in the company?
A – 12 years already
18. Q – Is this the first time in your that your client failed to pay its obligations?
A - Yes.
19. Q – How long have you known the defendant company?
A – 2 years
20. Q – Since when you started delivering construction materials to the
defendant?
A- Since 2015.
21. Q - Was the defendant able to pay all the materials delivered to them since
2015?
A- No, the last five deliveries made was unpaid.
 Nothing Follows.

Tacloban City, November, 2017.

John Snow
Affiant

SUBSCRIBED and sworn to before me in Tacloban City on

November 13, 2015, affiant showing his/her competent proof of identity, to
wit: Comelec VIN 98890.

Notary Public

Doc. No. __2

Page No. __3
Book No. __12
Series of 2017.

IV. EXHIBITS ATTACHED TO THE JUDICIAL AFFIDAVIT.

Exh. “A” to Exh. “C”, supra.

V. SWORN ATTESTATION OF THE LAWYER WHO

CONDUCTED OR SUPERVISED THE EXAMINATION OF THE
WITNESS.
 The undersigned ATTY.Maria Fe Alconaba., of legal age, single, and with law
office address are, Alconaba & Associates Law Offices, Unit 13, Star Wars,
C.V. Starred Ave., Winterfell Village, Tacloban City 6500., under oath,
deposes and states:

1. He is the Legal Counsel for the plaintiffs in the above-entitled case;

2. He faithfully recorded or caused to be recorded the

questions he asked and the corresponding answers that the above-named
witness gave;

3. Neither he nor any other person then present or assisting him coached the
witness regarding the latter's answers; and

4. She conducted the examination of the witness at his law office located at
Alconaba & Associates Law Offices, Unit 13, Star Wars, C.V. Starred Ave.,
Winterfell Village, Tacloban City 6500., under oath, deposes and states:

Tacloban City, Noveber 13, 2017.

Atty.Maria Fe ALconaba
Affiant

SUBSCRIBED and sworn to before me in Tacloban City on

November 13, 2015, affiant showing his/her competent proof of identity, to
wit: SSS Member ID No. 123425.

Notary Public
Doc. No. ___2
Page No. ___3
Book No. ___12
Series of 2017.

Copy Furnished:

MABUHAY LAW OFFICES

Counsel for Defendant XYZ Construction Company
3rd Floors
Epi CENTER
Dalakit Ave. corner Igot St.
Mapua, Tacloban City

Reg. Rec. No. 2

Date: November 13, 2017 PO