The document is a judicial affidavit from Pedro Delos Santos in a civil case regarding a construction project. Pedro affirms that he was contracted by Juan Dela Cruz to construct a commercial building. Pedro and Juan signed a contract agreeing to the design, budget, and timeline. Pedro states that when construction was half complete, Juan failed to pay the agreed upon 50% payment. Pedro issued a demand letter but Juan still did not pay. Pedro then stopped work on the building. Juan then filed a complaint against Pedro, despite being the party in breach of contract by not making the payment.
The document is a judicial affidavit from Pedro Delos Santos in a civil case regarding a construction project. Pedro affirms that he was contracted by Juan Dela Cruz to construct a commercial building. Pedro and Juan signed a contract agreeing to the design, budget, and timeline. Pedro states that when construction was half complete, Juan failed to pay the agreed upon 50% payment. Pedro issued a demand letter but Juan still did not pay. Pedro then stopped work on the building. Juan then filed a complaint against Pedro, despite being the party in breach of contract by not making the payment.
The document is a judicial affidavit from Pedro Delos Santos in a civil case regarding a construction project. Pedro affirms that he was contracted by Juan Dela Cruz to construct a commercial building. Pedro and Juan signed a contract agreeing to the design, budget, and timeline. Pedro states that when construction was half complete, Juan failed to pay the agreed upon 50% payment. Pedro issued a demand letter but Juan still did not pay. Pedro then stopped work on the building. Juan then filed a complaint against Pedro, despite being the party in breach of contract by not making the payment.
The document is a judicial affidavit from Pedro Delos Santos in a civil case regarding a construction project. Pedro affirms that he was contracted by Juan Dela Cruz to construct a commercial building. Pedro and Juan signed a contract agreeing to the design, budget, and timeline. Pedro states that when construction was half complete, Juan failed to pay the agreed upon 50% payment. Pedro issued a demand letter but Juan still did not pay. Pedro then stopped work on the building. Juan then filed a complaint against Pedro, despite being the party in breach of contract by not making the payment.
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Republic of the Philippines
REGIONAL TRIAL COURT OF MISAMIS ORIENTAL
10th Judicial Region Branch ______ ______________ City
JUAN DELA CRUZ, CIVIL CASE NO. 011101001
Plaintiff,
-versus- FOR: Collection of Sum of Money, PEDRO DELOS SANTOS, Attorney’s Fees, and Damages Defendant. x----------------------------------------/
JUDICIAL AFFIDAVIT (PEDRO DELOS SANTOS)
I, PEDRO DELOS SANTOS, of legal age, single, Filipino citizen,
and a resident of Matina, Davao City, examined by counsel of record ____________ at her law office located at Centro, Davao City on January 29, 2019, fully conscious that in answering them I did so under oath and aware that I may be liable criminally for false testimony or perjury, and I will identify and authenticate the document mentioned in my Judicial Affidavit, hereby depose and state under oath that:
LEGEND: QUESTION: Q ; ANSWER: A
MS. VILLAMOR: With the kind permission of this Honorable Court.
1) Q Please state your name and other personal
circumstances. A I am Pedro Delos Santos, of legal age, single, Filipino citizen, and a resident of Matina, Davao City. I am an Engineer by profession.
2) Q Do you know the plaintiff in this case?
A Yes, Attorney.
3) Q Why do you know him?
A Because he contracted my services in the construction of his commercial building.
Page 1 of 5 4) Q Please narrate how this case started. A Sometime in January 2015, plaintiff inquired from our office for the construction of a commercial building. At his request, we have researched, designed, and proposed three potential structures, including the estimated budget of each.
5) Q What happened next, if any?
A Plaintiff, having chosen the preferred design, agreed to the proposal and budget plan we made.
6) Q I’m showing to you a copy of the proposal and budget
plan which we pray to be marked as Exhibit “1” to “1-E”, are you referring to the same documents? A Yes.
7) Q What happened next, if any?
A We have agreed to put into writing the conditions, budget, and time frame of the said project. Thus, we executed a Contract of Service on July 4, 2015.
8) Q I’m showing to you a copy of the Contract of Service
which we pray to be marked as Exhibits “2” to “2-B”, are you referring to the same Contract of Service? A Yes, Atty.
9) Q After the execution of the Contract of Service, what
happened next? A We have started the construction of the commercial building. However, when my team was half way done with the project, we did not receive the amount agreed upon. As stipulated in the Contract, I was supposed to receive 50% of the contract price.
10) Q What action did you take to enforce your right?
A I made several verbal demands but to no avail. Eventually, I issued a demand letter to the plaintiff compelling him to satisfy his obligation.
11) Q I am showing to you a copy of the demand letter
addressed to the plaintiff dated June 11, 2017 which we pray to be marked as Exhibit “3”, are you referring to the same document?
Page 2 of 5 A Yes, Atty.
12) Q What happened to your obligation with the plaintiff?
A Because the plaintiff breached our contract, I did not continue the construction of the building.
13) Q What happened next, if any?
A I was surprised to receive a Complaint from the plaintiff when in truth and in fact he was the one who has an obligation to be satisfied.
14) Q Please go over your answer.
A This is all.
15) Q Do you affirm and confirm the truthfulness of your
answer? A Yes.
16) Q I have no questions to ask, would you sign this
affidavit? A Yes, I will sign it.
IN WITNESS THEREOF, I have hereunto set my hand this
January 29, 2019 in Davao City, Philippines.
PEDRO DELOS SANTOS
Affiant GSIS ID No. 112-343
SUBSCRIBED AND SWORN TO BEFORE ME, this January 29,
2019 at Matina, Davao City, Philippines. And I further certify that I have personally examined the affiant and I am satisfied that all the above-stated information was given by him personally, freely and voluntarily and that he understood the content thereof after the same was interpreted and translated into the vernacular.
WITNESS MY HAND AND SEAL.
Page 3 of 5 __________________ Counsel for the Defendant
Doc. No. 3 Page No.1 Book No. XV Series of 2019
ATTESTATION
I, _______________, of legal age, Filipino citizen, single, resident
of Davao City, after having been duly sworn to in accordance with law do hereby depose and say:
1. That I am the counsel for the defendant in the above-titled case;
2. That I personally conducted the foregoing judicial affidavit;
3. That I certify that I faithfully recorded the questions I asked and
the answer of the witness;
4. That I likewise certify that neither I nor any person then present had coached the witness regarding the latter’s answer.
IN WITNESS WHEREOF, I have hereunto affixed my signature
this January 29, 2019 in Davao City.
__________________________ Counsel for the Defendant
SUBSCRIBED AND SWORN to before me this January 29, 2019,
in Davao City. Affiant exhibited to me her SSS ID No. 112-323.
ATTY. AHMAN KA Roll No. 1222334/TIN 123-888-112 PTR No. 344555, 1/14/19 Davao City IBP OR No. 355577, 1/4/19 Davao City MCLE Comp. No. VI-0000581, 9/29/2016 2/F JDP St., Matina, Davao City, 8888-3434
Page 4 of 5 Doc. No. 6 Page No. 2 Book No. LX Series of 2019
Copy furnished by Registered Mail:
ATTY. ONE Reg. Receipt No. 12220-000
Cagayan de Oro City Date: January 29, 2019
EXPLANATION
The foregoing Judicial Affidavit is being served and filed by
registered mail with registry receipt and return card, personal service thereof not being practicable due to distance, time constraints, and lack of personnel to go to Cagayan de Oro City to serve and file this Judicial Affidavit.
