Republic of the Philippines

Municipal Trial Courts in Cities

Sixth Judicial Region

Branch 3, Iloilo City

WINNILYN J. MOOC,

Plaintiff,

Civil Case No. 0000028

-versus- For: Sum of Money

MARK J. SANCHO,

Defendant,

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Republic of the Philippines)

C I T Y O F I L O I L O )s.s.

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JUDICIAL AFFIDAVIT of

WINNILYN J. MOOC

I, WINNILYN J. MOOC, Filipino, of legal age, a resident of Blk. 13 Lot

21, Villa Rosario Subdivision, Avancena St., Molo, Iloilo City, after having been

sworn to in accordance with law, do hereby depose and state that:

1. I was examined by ATTY. ROTSEN B. KHO YUTE who is holding office

at KHO YUTE Law Office, 1235 Bldg. Jalandoni St., Iloilo City,

Philippines, in the said office;

2. I answered the questions the examining lawyer asked fully conscious and I

do so under oath knowing fully that I may face criminal liability for false

testimony or perjury.

The questions he asked and my corresponding answers were the

following:

1. Q: Do you swear to tell the truth and nothing but the truth?

A: I do.

2. Q: Are you aware that you can face criminal liability for false

testimony or perjury if you will not tell the truth?

A: I am.

3. Q: Please state your name, age and address.

A: I am Winnilyn J. Mooc, 30 years old, Blk. 13, Lot 21, Villa

Rosario Subdivision, Avancena St., Molo, Iloilo City.

4. Q: How are you related to the defendant in this case?

A: He is a close friend and my neighbour in Villa Rosario

Subdivision for 5 years where he asked to borrow some money

from me.

5. Q: Did you lend some money to the defendant when he

approached you in your house?

A: No, not yet. I asked him to execute a Deed of Acknowledgment

of Debt if he wants to borrow money from me to secure proof of

his obligations in favour to me.

6. Q: Did he willingly accept your condition?

A: Yes, he executed the Deed of Acknowledgment the following

day.

7. Q: I am showing you this document, herein referred to as

Annex A. Is this the document Mr. Mark J. Sancho executed

and gave to you?

A: Yes.

8. Q: Were you present when he executed this document?

A: Yes.

9. Q: Was there any other person who witnessed the execution of

this document?

A: Yes. My mother and Mark’s cousin was present when he

executed the Deed.

10.Q: Were they present when you and Mr. Sancho was drafting

this Deed of Acknowledgment of Debt?

A: The format of the Deed of Acknowledgment of Debt was

downloaded by Mark from the internet but my mother and Mark’s

cousin was present when we were filling the blanks in the deed

particularly the amount he will borrow, the interest that will accrue

per year, and the date he promised to return the money.

11.Q: When was this Deed of Acknowledgment of Debt executed

by Mr. Mark J. Sancho?

A: On June 1, 2014.

12.Q: When does the Deed of Acknowledgment of Debt become

due and demandable?

A: One year after or on June 1, 2015.

13.Q: After the Deed of Acknowledgment becomes due and

demandable, what did you do?

A: I inform him first orally that his obligation to return the money

he borrowed is now due but he was not paying attention to me

when I approached him about it. I waited until the last week of

August for him to settle his obligation but he failed to do so. Then

I sent him a demand letter to pay the borrowed money.

14.Q: I am presenting to you this document herein referred to as

Annex B-1. Do you know this document?

A: Yes. That is the 1st demand letter.

15.Q: How did you come to know this document?

A: I was the one who issued the 1st demand letter.

16.Q: Was there any payment made by Mr. Sancho in response to

the demand?

A: No. Mr. Sancho did not pay the borrowed money.

17.Q: I am showing you this document herein referred to as

Annex B-2. Do you know about this document?

A: Yes. That document is the 2nd demand letter.

18.Q: How did you come to know this document?

A: I was the one who issued the same.

19.Q: Was there any payment made?

A: No, Atty.

20.Q: Did Mr. Sancho make any attempts to communicate to you

regarding the said obligation?

A: No.

21.Q: What did you do afterwards?

A: I went to the Barangay to summon Mr. Sancho and asked him

to settle his obligation.

22.Q: Were you successful of summoning Mr. Sancho in the

Barangay?

A: Yes.

23.Q: Did you arrive at a settlement at the Barangay?

A: No, Atty.

3. I also attest that the attachments of this Judicial Affidavit are faithful

reproductions of their corresponding original copies.

IN WITNESS WHEREOF, I hereby affix my signature this 12th day of

December, 2015, Iloilo City.

WINNILYN J. MOOCAffiant

SUBSCRIBED AND SWORN TO before me, A Notary Public of Iloilo

City, Philippines, Winnilyn J. Mooc, exhibiting to me her Community Tax

Certificate No. 564128 issued on January 12, 2015 at Iloilo City as competent

proof of her identity.

ATTY. ROTSEN B. KHO YUTENotary PublicFor the City and Province of IloiloUntil December 31, 2015Roll No. 88828Kho Yute Law Office

Doc. No. _____ 1235 Bldg. Jalandoni St., Iloilo City 5000Page No. _____ PTR No. 6231116/01-05-15/Iloilo CityBook No. _____ IBP No. 0986312/01-05-15/Iloilo CitySeries of 2015 Com. Reg. No. 123

ATTESTATION

I, ATTY. ROTSEN B. KHO YUTE, of legal age, Filipino, and a resident

of Heavenly Gate Subdivision, Jaro, Iloilo City, Philippines with office address at

KHO YUTE Law Office, 1235 Bldg. Jalandoni St., Iloilo City, Philippines, under

oath hereby states THAT:

1. I conducted and supervised the examination of Miss Winnilyn J. Mooc as

plaintiff of the above-entitled case;

2. I faithfully caused to be recorded the questions I asked and the

corresponding answer that the said plaintiff gave; and

3. Neither I nor any other person then present or assisting me coached the

plaintiff regarding his answers.

IN WITNESS WHEREOF, I affix my signature this 12th day of December,

2015, Iloilo City.

ATTY. ROTSEN B. KHO YUTECounsel for Plaintiff

SUBSCRIBED AND SWORN TO before me, A Notary Public of Iloilo

City, Philippines, Rotsen B. Kho Yute, exhibiting to me his IBP ID No. 564128

issued on January 5, 2015 at Iloilo City as competent proof of her identity.

ATTY. CARMIE D. CABUSLAYNotary PublicFor the City and Province of IloiloUntil December 31, 2015Roll No. 66969Dolorica and Cabuslay Law Office

Doc. No. _____ 9876 Bldg. Jalandoni St., Iloilo City 5000Page No. _____ PTR No. 6231199/01-05-15/Iloilo CityBook No. _____ IBP No. 0986999/01-05-15/Iloilo CitySeries of 2015 Com. Reg. No. 456