Judicial Affidavit

Republic of the Philippines
REGIONAL TRIAL COURT

FIRST JUDICIAL REGION
Branch ___
La Trinidad, Benguet
MARK-ANTHONY TUNGPALAN,
Plaintiff,
CIVIL CASE NO. ____________
Rescission of Contract and

Damages
-vs
SUL JOLLY ANGELO ALEGATO

Defendants.
x--------------------------------------x
JUDICIAL AFFIDAVIT OF ENGINEER MOHAMAD JUMER SALI

The testimony of the witness , ENGINEER MOHAMAD JUMER SALI, is being
offered to prove the following:
To prove that he conducted an inspection on the property and found
therein that there was deviations from the plans and specifications
mentioned in the contract ;
To prove defendant committed breach of the contract;
To prove other related matters.
PRELIMINARIES
ATTY. MANANSALA: We are here today at my office , 4F La Azotea Bldg.,
Session Road,Baguio City, to prepare your judicial affidavit and the same shall
be submitted before the Honorable Court as your direct testimony in this case.
I shall be propounding questions which you shall answer based on your
personal knowledge. This is my secretary, Jamila Rosaria , who shall be taking
notes pertinent to this proceedings.
ATTY. MANANSALA: Do you swear to tell the truth and nothing but the truth in
this proceeding?
WITNESS: Yes, Maam.
ATTY. MANANSALA: Being under oath, are you aware that if you tell a lie in
this proceeding, you may face criminal liability for false testimony or perjury?
WITNESS: Yes, Maam.
ATTY. MANANSALA: Please state your name, age , civil status, address and
other personal circumstances.
WITNESS : I am MOHAMAD JUMER SALI, Filipino, of legal age, a resident of
Loakan, Baguio City and an engineer.
Q1: Mr. Witness do you know the plaintiff in this case?
A1: Yes , Maam.
Q2: How did you know him?
A2: He engaged my service as an engineer to check whether the works being
undertaken by contractor SUL JOLLY ANGELO ALEGATO is in accordance with
plans and specifications agreed upon by them.
Q3: What are the services that you are expected to do for the plaintiff?
A3:It includes visiting the construction site and checking the materials being
use, the methods being undertaken which includes being present everytime
they will pour cement on parts such as but not limited to foundation, column,
slab and beam.
Q4: Why is it that you should be present everytime they will pour cement on
areas such as the foundation, column, slab , beam and other areas?
A4 : I need to be present there for me to get samples of the mixture of cement to
be placed in cylinders .
Q5: What will you do to those samples that you placed in cylinders?
A5: I will store them in a particular area of the construction site and I will
deliver them to the testing area when they dry up.
Q6: When will you deliver them to the testing area?
A6: I will deliver them to the testing area after 28 days.
Q7: Why do you need to deliver those cylinders to the testing area?
A7: I need to deliver them to the testing area so that I can determine if the
contractor abide to proper mixtures of the cement to preserve the stability of
the building being constructed.
Q8: Where is this testing area?

A8: At Saint Louis University Testing Center.
Q9: When did you start your duty to inspect the construction site?
A9: I started on the month of April.
Q10: What did you do when you first visited the area?
A10: I started observing the workers as well as their works and I took samples
of cement mixtures for the foundation,slab, column and beam.
Q11: What did you observe if any?
A11: I had observed that the engineer for the project was not present when
they pour down the cement on the foundation,slab, column and beam.
Q12: What did you do after you took the samples?
A12: I placed them in an area of the construction site temporarily allotted as
storage area and after twenty eight (28) days I took them to the Saint Louis
University testing unit .
Q13: What is the result of the test conducted?
A13:All concrete samples taken from the foundation, column, beam and slab
resulted to a compressive stress of less than two thousand three hundred
pounds per square inch (2300 psi) which is far below than what was agreed
upon in the Contract to Build a Four-storey Residential Building
Q14: What is the implication of these results if any?
A14: It means that the concrete mixture is not properly made and in case of
earthquake and other calamities , the buildings stability is not guaranteed and
there is a high possibility that it might not withstand high intensity
earthquakes. It also means it can easily sustain cracks through passage of
time.
Q15: What recommendations did you make to the owner Mr. Mark Tungpalan
if any?
A15: I recommend the owner Mr. Tungpalan that he need to stop the work
being undertaken and to demolish the work because in the long run, it will not
be safe for them to stay there.
Q16:Mr. Witness if that result would be shown to you, will you be able to
identify it?
A16:Yes , Maam.
Q17: I am showing to you these TEST RESULTS OF CONCRETE/CHB
SAMPLES conducted by Saint Louis University , Materials Testing Laboratory.
Is these the results that you are referring to?
A17:Yes , Maam.
( We pray that this test TEST RESULTS OF CONCRETE/CHB SAMPLES
conducted by Saint Louis University , Materials Testing Laboratory be
marked as Exhibits C, D, E and F)
Atty. Manansala: I have no further questions. Do you have anything to add or
retract, Mr. Witness?
Witness: None for the present.
Atty. Manansala: Are you willing to sign your statement?

Witness: Yes, maam.
MOHAMAD JUMER SALI
AFFIANT
REPUBLIC OF THE PHILIPPINES }

BAGUIO CITY, PHILIPPINES} Sc.
SUBSCRIBED AND SWORN to before me in the City of Baguio 16th day
of MARCH, 2013 by MOHAMAD JUMER SALI who presented to me his
Passport as competent proof of his identity, and who is the same person who
personally signed before me the foregoing Affidavit and acknowledged that he
executed the same.
Witness my hand and seal.
VIVIAN C. MANANSALA
Notary Public
Until December 31, 2013
4F La Azotea Bldg., Session Road,
Baguio City
Tel No.: (074)-442-3396
PTR No. 99998; 1/07/2013; Baguio City

IBP OR No: 6298648; 1/07/2013; Baguio City
Roll No.: 9999; 4/08/2003
MCLE Compliance No.: IV-34458; 04/28/2013
E-mail address: vivian_c_m@yahoo.com
Doc. No. 78;

Page No. 16;
Book No. I ;
Series of 2013.
ATTESTATION
I , Vivian C. Manansala, Filipino , married, of legal age, and a resident
of 136 Honeymoon Road, Baguio City, after having been sworn in accordance
with law, hereby deposes and states that:
1. I conducted the examination of the above-mentioned witness on the
date and place aforestated, and caused to be recorded the questions I
propounded, and the answers given thereto by the witness;
2. Neither I nor any other person then present, coached the witness
regarding the answers given by him.
IN WITNESS WHEREOF, I have hereunto affixed my signature on this
16 day March 2013.
th
VIVIAN C. MANANSALA
SUBSCRIBED AND SWORN to before me a notary public in the City of

Baguio 16th day of MARCH, 2013 .
Witness my hand and seal.
NOTARY PUBLIC
Doc. No. ____;

Page No. _____;
Book No. I ;
Series of 2013.
Copy furnished:
Atty. Rowel Vicente
Counsel for the defendant
Baguio City
SUBMITTED BY : VIVIAN C. MANANSALA
SUBMITTED TO: JUDGE CARLITO CORPUZ
DATE: March 16, 2013
SUBJECT: PRACTICUM II
YEAR AND SECTION: IV-A

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Republic of the Philippines

REGIONAL TRIAL COURT

CIVIL CASE NO. ____________

Rescission of Contract and

SUL JOLLY ANGELO ALEGATO

JUDICIAL AFFIDAVIT OF ENGINEER MOHAMAD JUMER SALI

Q8: Where is this testing area?

Atty. Manansala: Are you willing to sign your statement?

REPUBLIC OF THE PHILIPPINES }

PTR No. 99998; 1/07/2013; Baguio City

Doc. No. 78;

SUBSCRIBED AND SWORN to before me a notary public in the City of

Doc. No. ____;

SUBMITTED BY : VIVIAN C. MANANSALA

SUBMITTED TO: JUDGE CARLITO CORPUZ

DATE: March 16, 2013

YEAR AND SECTION: IV-A

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