Judicial Affidavit_collection of Sum of Money

Republic of the Philippines REGIONAL TRIAL COURT Sixth Judicial Region Branch 39 Iloilo City

PANAY FINANCE CORPORATION Plaintiff, CIVIL CASE NO. 123456, For: COLLECTION OF SUM OF MONEY

- versus ALTHEA JULIENNE ACAC, Defendant. x------------------------------------------------x

JUDICIAL AFFIDAVIT OF WITNESS ROXANNE MERCEDES ACAP

I, ROXANNE MERCEDES ACAP, of legal age, single, and living at Iloilo City, a witness for the plaintiff in this case, state under oath as follows:

PRELIMINARY STATEMENT

The person examining me is Atty. Maria Lorena Tomulto with address at Door 21 Zerrudo Commercial Complex, E. Lopez St., Jaro, Iloilo 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 Judicial Affidavit of the witness ROXANNE MERCEDES ACAP is being offered as evidence for the Plaintiff to prove the following: 1. That the respondent has executed a promissory note evidencing a loan of One Million Pesos from the plaintiff; 2. That she had received the said amount according to the company’s loan release sheet; and

3. That the respondent failed to pay the loaned amount even after a demand by the plaintiff has been made. Questions were propounded by Atty. Maria Lorena Tomulto and questions are numbered consecutively and each question is followed by an answer of the witness. 1. Q: A:

Please state your name and other personal circumstances for the record. I am Roxanne Mercedes Acap, 36 years old, residing at Lot 4 Block 2 Queen Palm St., Villa Las Palmas, Jaro, Iloilo City.

2. Q:

Are you the same Roxanne Mercedes Acap who is named as a witness for the plaintiff in this case?

A: 3. Q: A: 4. Q: A: 5. Q: A:

Yes, ma’am. What is your position in Panay Finance Corporation? I am the Head of Finace at Panay Finance Corporation Do you know Ms. Althea Julienne Acac? Yes. How did you come to know Ms. Acac? She went to our office in Zerrudo Commercial Complex and asked me about the company’s loan services.

6. Q: A: 7. Q: A:

Did she avail any of your services? Yes. What kind of loan service did she avail? She availed of a loan through a promissory note to serve as collateral and evidence, and receipt of the amount was acknowledged by the corporation’s loan release sheet.

8. Q: A: 9. Q:

When was the promissory note dated? It was dated March 28, 2014. What were the contents of the note?

A:

It stated in summary that Ms. Acac borrowed One Million Pesos (Php 1,000,000.00) from Panay Finance Corporation and promised to pay the amount on or before March 28, 2015.

10. Q: A: 11. Q: A: 12. Q: A: 13. Q:

Who signed the note? It was signed by Ms. Acac. How did you know that it was Ms. Acac who signed the note? The signature was placed above Ms. Acac’s printed name. If I will show a document, will you be able to identify it? Yes, ma’am.

(Showing the promissory note to the witness) What is this document, Ms. Acap?

A: 14. Q:

This is the same promissory note I mentioned earlier. I am marking this promissory note as Exhibit “A” and I am attaching Exhibit “A” to your Judicial Affidavit, do you confirm my action?

A: 15. Q:

Yes, ma’am. I am marking the signature on this promissory note above the name “Althea Julienne Acac” as Exhibit “A-1”, do you confirm my action?

A: 16. Q: A:

Yes, ma’am You mentioned a loan release sheet, what does it show? It shows that Ms. Acac received the amount of one million pesos as loan from the bank.

17. Q: A: 18. Q: A:

When was the loan release sheet dated? It was dated March 28, 2014. What does that date mean? It means that Ms. Acac received the amount of the loan on the same day she executed the promissory note.

19. Q:

How were you able to identify that Ms. Acac herself received the amount?

A:

She signed on the loan release sheet with her printed name and signature.

20. Q:

What was the appearance of the signature in the loan release sheet as compared to the signature in the promissory note?

A: 21. Q: A: 22. Q: A: 23. Q:

It is exactly the same signature ma’am. If I show you another document, will you be able to identify it? Yes, ma’am. (Showing the document) What can you say about this document? It is the loan release sheet that I am referring to, ma’am. I am marking this loan release sheet as Exhibit “B” and the signature above the name “Althea Julienne Acac” as Exhibit “B-1” and attaching it to your Judicial Affidavit, do you confirm my action?

24. A:

Yes, ma’am.

25. Q:

What happened when the due date for the payment of the loan arrived?

A: 26. Q: A:

Nothing. Ms. Acap did not pay the amount, contrary to what she promised. What made you say that? There was nothing in the records of the company that Ms. Acac paid or even offered to pay the loan.

27. Q: A:

What did you do to collect Ms. Acac’s loan? I sent her, on behalf of the company, a demand letter for the payment of the loan.

28. Q: A: 29. Q: A: 30. Q: A:

How was the letter sent? I sent the demand letter through the LBC. When was the letter dated and sent? It was dated on March 30, 2015, and I sent it the same day. How did you confirm whether Ms. Acac received the demand letter? I checked with the LBC and they showed me their receipt records which was signed by Ms. Acac herself.

31. Q:

How did you know that it was Ms. Acac who received the demand letter?

A:

The signature in LBC’s receipt records was the same as the one that was affixed in the promissory note and the loan release sheet.

32. Q:

What date did Ms. Acac receive the demand letter according to the LBC records?

A: 33. Q:

It was received in March 31, 2015, ma’am. What happened from the date of receipt of the demand letter up to the point that this complaint was filed?

A:

Nothing. Ms. Acac still did not make any effort to pay the loan.

34. Q:

What is the status of Ms. Acac’s obligation as of this moment?

A: 35. Q:

The loan remains unpaid, ma’am. Did Ms. Acac make any attempts to communicate to you regarding the said loan?

A: No.

IN WITNESS WHEREOF, I have hereunto set my hand this 25th day of April, 2016 here in the City of Iloilo.

ROXANNE MERCEDES ACAP Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for the City of Iloilo and the Province of Iloilo this 25th day of April 2016. Affiant personally came and appeared with PRC License ID No. 0112021 issued by the Professional Regulation Commission on October 21, 1998 and valid until February 13, 2018 at the City of Manila, bearing her 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. Kendal C. Gestuveo Notary Public for Iloilo City, Iloilo Until December 31, 2018 Office: 88 Commission Civil St., Jaro, Iloilo City Roll No, ________________________ IBP Roll No. _____________________ PTR No. ________________________ MCLE Compliance Cert. No.________ Doc. No. __________ Page No. _________ Book No. _________ Series of 2016

ATTESTATION I, MARIA LORENA G. TOMULTO of legal age, Filipino, single, with office address at Door 21 Zerrudo Commercial Complex, E. Lopez St., Jaro, Iloilo City, on oath depose and state that: 1. I was the lawyer who conducted the examination of the witness ROXANNE MERCEDES ACAP at my aforementioned office in Iloilo 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 April 2016 at the City of Iloilo.

ATTY. MARIA LORENA G. TOMULTO Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for the City of Iloilo and the Province of Iloilo this 25th day of April 2016. Affiant personally came and appeared with Professional Driver’s License No. F0610003602 issued by the Land Transportation Office on March 28, 2012 and valid until July 17, 2017 at the City of Iloilo, 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. Kendal C. Gestuveo Notary Public for Iloilo City, Iloilo Until December 31, 2018 Office: 88 Commission Civil St., Jaro, Iloilo City Roll No, ________________________ IBP Roll No. _____________________ PTR No. ________________________ MCLE Compliance Cert. No._________ Doc. No. __________ Page No. _________ Book No. _________ Series of 2016

Copy furnished: Atty. Vivien Villa Villa Law Office General Luna Street Iloilo City