REPUBLIC OF THE PHILIPPINES
METROPOLITAN TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
CITY OF MANILA
Branch ___
ALVIN MARQUEZ
Plaintiff,
CIVIL CASE NO. CV-10-0729
FOR: Unlawful Detainer
-versus-
ACM CORPORATION AND ROVEN TRIAS,
Defendants.
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JUDICIAL AFFIDAVIT
Pursuant to SC A.M No. 12-8-8-SC)
I, ALVIN MARQUEZ, of legal age, single, Filipino, and residing at 710
Sto. Tomas St., Malate Manila afte having been duly sworn to in
accordance with law in answer to the question asked of me by Atty.
Celestine Marcial in her office at 34 Balingasa St., Balintawak, Quezon
City, on April 30, 2014 at 11:00 A.M fully conscious that I do so under oath
and that I may face criminal liability for false testimony or perjury hereby
depose and state:
Q: How are you related to ALVIN MARQUEZ, the plaintiff in Civil Case NO.
10-0729 before the Metropolitan Trial Court of Manila for Unlawful
Detainer against AB Corporation and Roven Trias?
A: I am the same.
Q: Do you know defendant AB Corporation?
A: Yes. Defendant Roven Trias subleased the same property being leased
by ACM Corporation with consent.
Q: How did the defendant ACM Corporation was able to occupy your
subject property?
A: ACM Corporation leased property for a period of 2 years from April 1,
2012 to March 31, 2014 which is Exhibit B.
Q: How did the defendant Roven Trias was able to occupy your subject
property?
A: Defendant Trias have possessed my property as a sub-lessee.
Q: What did you do after defendant failure in voluntarily vacate the
occupied property upon expiration of the agreed lease period?
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 on the expiration of the
contract. For their failure to comply with the promise, I have posted a
Demand to vacate on April 15, 2014, in conspicuous places within the
leased premises as a notice to defendants to vacate said premises.
Q: What is your proof that you posted a notice to vacate on April 15, 2014
upon the defendants?
A: I have here a copy of the Notice to vacate 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 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 20,000 for the use and
occupation of my property starting from April 1, 2014 until possession of
the subject property is turned over by the defendants.
Q: Finally, do you know why you 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 in the above entitled case,
and this Judicial Affidavit be marked as Exhibit “E”.
IN WITNESS WHEREOF, I have set my hand this ____________________
in Tandag City, Surigao del Sur.
ALVIN MARQUEZ
Affiant
ATTESTATION
I, Al Philip P. Geli, of legal age, Filipino, single, and a resident of
Delicona Street, Corner Luis Perez Street, Barangay Bungtod, Tandag City,
Surigao del Sur.
That I personally examined the herein affiant, ALVIN MARQUEZ;
That I faithfully recorded the questions I asked the witness and the
corresponding answers she gave me;
That neither I nor any other person then present coached the
witness regarding her answers.
SUBSCRIBED AND SWORN TO BEFORE ME, a Notary Public for
and in the Province of Surigao del Sur, this ____________________ in Tandag
City, Surigao del Sur, herein examining lawyer personally appeared and
affixed his signature.
Doc. No. ____;
Page No. ____;
Book No. ____;
Series of 2024
IN WITNESS WHEREOF, I have set my hand this ____________________
in Tandag City, Surigao del Sur.
Atty. Irene Chris I. Ecleo
SUBSCRIBED AND SWORN TO BEFORE ME, a Notary Public for and in
the Province of Surigao del Sur, this_____________________ in Tandag City,
Surigao del Sur, herein examining lawyer personally appeared and affixed
his signature.
ATTY. JASON PASCUA
Second Assistant Provincial Prosecutor
Copy furnished:
Atty. JOEL DAVID
DAVID & DAVID
LAW OFFICERS
1234 M. Ortiz Street, Surigao City
