This document is a judicial affidavit submitted by Vermello Delos Reyes in a case against Sps. Verde Odones and Mariellu Odones for unlawful detainer. In the affidavit, Delos Reyes states that the defendants have occupied his property without permission and have refused to vacate despite being served a notice to do so. Delos Reyes is seeking monthly rent of 24,000 pesos for the defendants' use and occupation of the property.
This document is a judicial affidavit submitted by Vermello Delos Reyes in a case against Sps. Verde Odones and Mariellu Odones for unlawful detainer. In the affidavit, Delos Reyes states that the defendants have occupied his property without permission and have refused to vacate despite being served a notice to do so. Delos Reyes is seeking monthly rent of 24,000 pesos for the defendants' use and occupation of the property.
This document is a judicial affidavit submitted by Vermello Delos Reyes in a case against Sps. Verde Odones and Mariellu Odones for unlawful detainer. In the affidavit, Delos Reyes states that the defendants have occupied his property without permission and have refused to vacate despite being served a notice to do so. Delos Reyes is seeking monthly rent of 24,000 pesos for the defendants' use and occupation of the property.
This document is a judicial affidavit submitted by Vermello Delos Reyes in a case against Sps. Verde Odones and Mariellu Odones for unlawful detainer. In the affidavit, Delos Reyes states that the defendants have occupied his property without permission and have refused to vacate despite being served a notice to do so. Delos Reyes is seeking monthly rent of 24,000 pesos for the defendants' use and occupation of the property.
JUDICIAL AFFIDAVIT (Pursuant to SC A.M. No. 12-8-8-SC)
I, VERMELLO DELOS REYES, of legal age, married, and living at
Tumaga, Zamboanga City, petitioner in this case, state under oath as follows:
PRELIMINARY STATEMENT
The person examining me is Atty. A’EESA MAR’WA A. ALIHUDDIN,
with address at 123 Building, Normal Road, Baliwasan, Zamboanga 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.
OFFER
The testimony Of VERMELLO DELOS REYES is being offered to prove
that: A.) All the allegations in the complaint including all annexes appended thereto and which were already marked as exhibits in this case; B.) All other related matters, facts and circumstances relevant and material to this case.
JUDICIAL AFFIDAVIT PROPER
I, VERMELLO DELOS REYES, under oath, hereby depose and state:
Q: Please state your name, age and residence.
A: I am VERMELLO DELOS REYES, 31 years old, married, and living at Tumaga, Zamboanga City
Q: Why are you here now?
A: To give a sworn statement by way of judicial affidavit, the same to constitute as my direct testimony, in the above- captioned case.
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 person examining me is Atty. A’EESA MAR’WA A. ALIHUDDIN, with address at 123 Building, Normal Road, Baliwasan, Zamboanga City. The examination is being held at the same address.
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 Tagalog for my convenience and for clarity.
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.
Q: Let us now proceed to the Complaint. How are you related to
the plaintiff in Civil Case No. 3333-3333-33 before the Metropolitan Trial Court of Zamboanga for Unlawful Detainer against SPS. VERDE ODONES & MARIELLU ODONES? A: I am the same.
Q: Do you know defendant SPS. VERDE ODONES & MARIELLU ODONES?
A: Yes. The defendants are occupying the subject property which I own described under TCT No. 392430 of the Registry of Deeds of Zamboanga City. A certified true copy of the said TCT is Exhibit -“A”.
Q: How did the defendant SPS. VERDE ODONES & MARIELLU ODONES were able to occupy your subject property? A: They are staying on the said property with a house / improvements therein, with my mere tolerance of only without any contract whatsoever and for which there is an implied understanding to vacate upon the demand
Q: What did you do after defendants’ failure to voluntarily
vacate the occupied property upon upon notice of the termination of the right of possession? A: I visited and informed both the defendants that they must vacate my property because I would use it for my business and both defendants promised that they would leave the premises. For their failure to comply with the promise, a written notice was sent advising them to vacate said property within fifteen (15) days from receipt of the letter to vacate. The said letter was sent by registered mail on November 17, 2016, which was duly received by the defendants; copy of the said demand letter which was personally received on November 20 , 2016.
Q: What is your proof that you sent a demand letter upon the defendants? A: I have here a copy of the demand letter which is Exhibit “C”.
Q: What was the action of defendants after posting the notice to
vacate? A: None. The defendants refused to vacate and surrender possession of my property.
Q: What step did you take after the refusal of the defendants to vacate the subject property despite demand? A: I initiated a complaint against all occupants before the Katarungan Pambarangay. For failure to reach a settlement with the herein defendant, the Lupong Tagamayapa for the Barangay of Tugbungan issued a Certificate to File Action. Thus, I filed this action against the defendant in this case for Unlawful Detainer before the MTC Manila.
Q: In your complaint you are asking for rental for the use and occupation of the defendants in this case, how much is your claim for said rentals? A: The agreed rental per month which is P 24,000 for the use and occupation of my property, starting from occupation until the possession of the subject property is turned over by the defendants.
Q: Finally, do you know why you are executing foregoing sworn
statement in this case? A: Yes. I am executing this sworn statement to be adapted as my direct examination in this case to prove my causes of action for unlawful detainer against the defendants in the above entitled case, and this Judicial Affidavit be marked as Exhibit –“F”.
IN WITNESS WHEREOF, I hereby affix my signature this 6th
day of March 2017, in the Zamboanga City.
VERMELLO DELOS REYES
Affiant
EXHIBITS ATTACHED TO THE JUDICIAL AFFIDAVIT
· Exh. “A” to Exh." D”, supra.
ATTESTATION I hereby attest that on this 6th day of March 2017, I have personally examined the plaintiff VERMELLO DELOS REYES; and that I have faithfully recorded or caused to be recorded the questions asked and the corresponding answers thereto made by him. I further attest that, I nor any other person herein present, or assisting me, never coached VERMELLO DELOS REYES regarding his answers.
In Zamboanga City. March 6, 2017.
ATTY. A’EESA MAR’WA A. ALIHUDDIN
Lawyer- Affiant Roll of Attorneys No.12345; 5-9-15 IBP No. 123456; 01-10-2015; Zamboanga City PTR No. 123456; 01-03-2015; Zamboanga City MCLE Compliance No. V-0001234; 05-13-2015/Z.C SUBSCRIBED AND SWORN to before me this 6th day of March 2017 in Zamboanga City. Affiant exhibited to me their identification cards bearing their photograph and signature, as follows:
Name: Issued by/ID No.:
VERMELLO DELOS REYES SSS ID – No 12-3456789-0
WITNESS MY HAND AND SEAL on the date and at the place first above-written.
Doc. No. _____; Notary Public
Page No. _____; Book No._____; SERIES of 2016.
Copy Furnished through Personal Service:
ATTY. FATIMA SHENZHEN J. UNGA
Counsel for Defendant 72093 Building, San Jose Gusu, Zamboanga City Email: Group3CPLaw@google.com Telefax: (062)-244-4666 or 991-6688
