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Republic of the Philippines

Sixth Judicial Region


REGIONAL TRIAL COURT
BRANCH 41, BACOLOD CITY
Negros Occidental
-oOo-

THIRSTY R US, as represented


by ALEX C. SOLEDAD, in his capacity
as President,
Plaintiff,

- versus - Civil Case No. 1848-04


For: Collection for a Sum of Money

PRECIOSO E. DIMAUHAW
and BERTA D. MASAGANA,
Defendants.

JUDICIAL AFFIDAVIT

Purpose of the testimony, Defendants, Precioso Dimauhaw and Berta Masagana, are
presenting the testimony of Ms. Ivy B. Aguas, to establish that Mr. Vicente G.
Abad, is authorized to issue the Official Receipts, that Defendants actually met
him in the accounting office, the same being in the place of business of the
Plaintiff, and that Defendants paid their credit to Mr. Abad in the amounts of
One Hundred Fifty Thousand Pesos (P150,000.00),One Hundred Fifty
Thousand Pesos (P150,000.00),Ninety Thousand Pesos (P90,000.00) and
Forty Eight Thousand Five Hundred Forty Six and 88/100 (P48,546.88).
PRELIMINARY STATEMENT

The person examining me is Atty. Cherry Ann Marie Martir with address at Bacolod

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 affidavit/testimony of Ivy B. Aguas of legal age, single, and living in Brgy. Estafia,

Bacolod City, accounting officer of Thirsty R Us, with office address at 5th floor, TRU

building, 6th Lacson Street, Bacolod City, depose and state that I, being one of the

accounting officers of Thirsty R Us, witnessed Mr. Vicente G. Abad, our Head Accounting

officer, personally issuing the official receipts to the defendants in the accounting office of

Thirsty R Us.

1. Q. Please state your name and other personal circumstances for the record.

A. I am Ivy B. Aguas, 27 years old, An Accounting Officer of Thirsty R Us and residing in

Brgy. Estefania, Bacolod City.

2. Q. What are your official duties as head accounting officer of Thirsty R Us?

A. My duties include maintaining financial reports, records, and general ledgers,

receive copies of official receipts. I am also responsible for billing activities such as

accounts payable and accounts receivable.

3. Q. Does your duty include receiving cash payments?


A: No Ma’am. Our duties are only limited to filing copies of payments in the company books

but we are not authorized to receive payments.

4. Q: How do you know Mr. Vicente G. Abad?

A: He is currently the head accounting officer of Thirsty R Us and I have worked with him

for the past 3 years.

4. Q: Do you recognize the defendants, Precioso Dimauhaw and Berta Masagana?

A: Yes Ma’am. I saw them in our office tendering their payments to Mr. Abad.

5. Q: Did you personally see them tendering their payments to Mr. Vicente G. Abad?

A: Yes.

6. Q: Is Mr. Vicente Abad authorized to receive these payments?

A: Yes Ma’am. It is his usual duty as the head accounting officer to receive paymens.

6. Q: Do you recognize the receipts in Annex A, B, C, and E?

A: Yes ma’am. They are official receipts issued by Thirsty R Us from the accounting office.

7. Q: Do you recognize the signatures in the receipts?

A: Yes Ma’am. They are Mr. Vicente Abad’s signatures. I have worked with Mr. Vicente for 3

years and saw his signature several times.


IN WITNESS WHEREOF, I have hereunto set my hand this 25th day of January 2019
at Bacolod City.

Ivy B. Aguas

Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for Bacolod City this
25th day of January 2019. Affiant personally came and appeared with Tin ID issued by the
Bureau of Internal Revenue of Bacolod City 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.

ATTY. CHERRY ANN MARIE MARTIR


Roll of Attorney’s No. 01287
IBP No. 124365 (01.15.2016) Bacolod City
PTR No. 1234567 (01. 15.2016) Bacolod City
MCLE Compliance No. IV- V-1122678-1/16/14

Counsel for the Defendants

ABASTILLAS & MARTIR LAW OFFICES


2nd Floor, AGM Building
Carlos Hilado Street, Bacolod City, Philippines
Telefax: (034) 407-1111
Doc. No. 8;
Page No. 1;
Book No. 2;
Series of 2019.

I, Cherry Ann Marie Martir, of legal age, Filipino, with postal address Villa Angela,
Bacolod City after being duly sworn depose and say:

1. I was the one who conducted the examination of witness Ivy B. Aguas at my
aforementioned office in Bacolod 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 January
2019 at

Bacolod City

ATTY.CHERRY ANN MARIE MARTIT


Affiant

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