SAMPLE JA ADMIN

Republic of the Philippines

REGIONAL TRIAL COURT
Second Judicial Region
Branch II
Tuao, Cagayan
IN RE: PETITION FOR THE
ISSUANCE
OF
ANOTHER
OWNERS DUPLICATE COPY
OF ORIGINAL CERTIFICATE
OF
TITLE
NO.
___________.
ADM.CASE
NO.________

JUAN DELA CRUZ,

Petitioner,
x--------------------------------------------x

JUDICIAL AFFIDAVIT
This is an examination of Tomas Florenino conducted by
the undersigned counsel in the latters Law Office located at
Di Mahanap Street, Tuguegarao City, Cagayan. Further, the
undersigned counsel, unto this Honorable Court, respectfully
submits this Judicial Affidavit of the above-named witness.
PREFATORY STATEMENT
I, JUAN DELA CRUZ, of legal age, married, Filipino
citizen and a resident of ZonaKwatro, Liko-Liko Street, Di
MatanawBrgy., Cagayan. I am fully aware that I am under
oath and that I could be held criminally and civilly liable for
any false statement that I would make. I am willing to
proceed with my testimony in this Judicial Affidavit.
JUAN DELA CRUZ
PROFFER OF ORAL TESTIMONY
The testimony of JUAN DELA CRUZ is offered to prove
the following: (1) that he is the brother of MARIA DELA
1

CRUZ; (2) that MARIA DELA CRUZ is the lawful owner of a

parcel of land covered under Original Certificate of Title No.
P-___________ which is marked as EXHIBIT A; (3) that
MARIA DELA CRUZ had lawfully acquired the same from
JUANA DE KO ALAM through Extrajudicial Settlement with
Deed of Absolute Sale which is marked as EXHIBIT G; (4)
that the Original Certificate of Title No. _____ is lost in
MARIA DELA CRUZS possession which prompts her to
execute an Affidavit of Loss which is marked as EXHIBIT
H; (5) that he will identify relevant documents; and (6)
that he will testify on other matters pertaining to
surrounding circumstances in the instant petition.
DIRECT TESTIMONY OF TOMAS FLORENTINO
Q01: How are you related with the petitioner in the instant
petition?
A01: She is my sister, sir.
Q02: Do you know the nature of the instant petition she
had filed?
A02: Yes, sir. This case is for the issuance of another
owners duplicate copy of Original Certificate of Title
No. _____, sir.
Q03: Who is the owner of the parcel of land covered under
Original Certificate of Title No.P______?
A03: My sister Maria dela Cruz, sir.
Q04: How big is the parcel of land?
A04: It contains an area of Four Thousand Five Hundred
and Ninety One (4,591) square meters, sir.
Q05: Who is the registered owner of that parcel of land
covered under Original Certificate of Title No._____?
A05: It was registered in the name of Pedro dela Cruz, sir.
Q06: If I show to you the Original Certificate of Title No.
_______, will you be able to identify the same?
A06: Yes, sir.
Q07: I am showing to you this Original Certificate of Title
No. _____, what can you say about this title?
A07: This is the one I am referring earlier, sir.

ATTY. _____________:
Your honor, I am making on record that I showed and
handed to Juan dela Cruz the copy of the Original Certificate
of Title No. ______, and that he identified the same. The
Original Certificate of Title No. P-5044 is marked as
EXHIBIT A.
Q08: Do you know who is this Pedro dela Cruz?
A08: Yes, sir.
Q09: Why do you know him?
A09: He is the grandfather of CARING TODO MAX from
whom my sister bought the parcel of land, sir.
Q10: Who are the parents of Caring dela Cruz, if you know
any?
A10: Mariano dela Cruz and Ildefonsadela Cruz, sir.
Q11: How did Caring Todo Max acquired the parcel of land
that is covered under Original Certificate of Title No.
_______?
A11: She inherited it from her father, Mariano dela Cruz,
because the latter is the sole son of Pedro dela Cruz,
sir.
Q12: Do you have any proof of your claim that Mariano dela
Cruz is the sole son of Pedro dela Cruz?
A12: Yes, sir.
Q13: What is your proof?
A13: The Negative Certification of Birth issued by the
National Statistics Office, sir.
Q14: If I show to you a copy of Negative Certification of
Birth of Mariano dela Cruz issued by the National
Statistics Office, will you be able to identify the same?
A14: Yes, sir.
Q15: I am showing to you a copy of Negative Certification
of Birth issued by the National Statistics Office, what
can you say about this document, if there is any?
A15: This is the Negative Certification of Birth issued by the
National Statistics Office that I was referring to earlier,
sir.

ATTY. _____________:
Your honor, I am making on record that I showed and
handed to Juan dela Cruz the copy of Negative Certification
of Birth, and that he identified the same. The Original
Negative Certification of Birth is marked as EXHIBIT
B.
Q16: You have said earlier that Caring dela Cruz is the
daughter of Mariano dela Cruz, do you have any proof
to your claim?
A16: Yes, sir.
Q17: What is your proof?
A17: The Marriage Certificate between Mariano dela Cruz
and Ildefonsadela Cruz and the Birth Certificate of
Caringdela Cruz, sir.
Q18: If I show to you the Marriage Certificate between
Mariano dela Cruz and Ildefonsadela Cruz and the
Birth Certificate of Caring dela Cruz, will you be able
to identify the same?
A18: Yes, sir.
Q19: I am showing to you a copy of Marriage Certificate
between Mariano Florentino and Ildefonsa Valencia
and the Birth Certificate of Eva Florentino, what can
you say about this document, if there is any?
A19: This is the Marriage Certificate and Birth Certificate
that I was referring to earlier, sir.
ATTY. LOUIE A. SOCRATES:
Your honor, I am making on record that I showed and
handed to Tomas Juan dela Cruz the copy of the Certificate
between Mariano dela Cruz and Ildefonsadela Cruz and the
Birth Certificate of Caring dela Cruz, and that he identified
the same. The Marriage Certificate and Birth Certificate
are marked as EXHIBIT C and EXHIBIT D.
Q20: You also said that Caring dela Cruz inherited the
parcel of land covered under Original Certificate of
Title No. _______, is it safe to say that the parents of
Caring dela Cruz were already deceased?
A20: Yes, sir. They were already departed.
Q21: What is your proof?
4

A21: The Death Certificates of Mariano dela Cruz and

Ildefonsadela Cruz and itself, sir.
Q22: If I show to you the Death Certificates of Mariano dela
Cruz and Ildefonsadela Cruz, will you be able to
identify the same?
A22: Yes, sir.
Q23: I am showing to you the copies of Death Certificates
of Mariano dela Cruz and Ildefonsadela Cruz, what can
you say about this document, if there is any?
A23: These are the Death Certificates of Mariano dela Cruz
and Ildefonsadela Cruz, sir.
ATTY. __________________:
Your honor, I am making on record that I showed and
handed to Tomas Florentino the copy of the Death
Certificates of Mariano dela Cruz and Ildefonsadela Cruz,
and that he identified the same. The Death Certificates of
Mariano dela Cruz and Ildefonsadela Cruz are marked
as EXHIBIT E and EXHIBIT F.
Q24: Can you tell me how you acquired the parcel of land
covered under Original Certificate of Title No.
________fromCaring dela Cruz?
A24: Sometime in year 2010, Caring dela Cruzwith the
conformity of her mother, Ildefonsadela Cruz, verbally
offered to sell the parcel of land covered under
Original Certificate of Title No. _______, sir.
Q25: What happened next, if there is any?
A25: Caring dela Cruz handed to Maria dela Cruz the
Original Certificate of Title No. _________to serve as
a guaranty, sir.
Q26: After she handed the Original Certificate of Title No.
______, what happened next?
A26: I place it in a organizing folder that contains different
kinds of important documents, sir.
Q27: What did they do after, if there is any?
A27: To fully perfect their agreement, Maria dela Cruz and
Caring dela Cruz executed an Extrajudicial Settlement
with Deed of Absolute Sale, sir.

Q28: Do you have proof to that effect?

A28: Yes, sir.
Q29: What is your proof?
A29: The Extrajudicial Settlement with Deed of Absolute
Sale, sir.
Q30: If I show to you the copy of Extrajudicial Settlement
with Deed of Absolute Sale, will you be able to identify
the same?
A30: Yes, sir.
Q31: I am showing to you the copy of Extrajudicial
Settlement with Deed of Absolute Sale, what can you
say about this document, if there is any?
A31: This is the Extrajudicial Settlement with Deed of
Absolute Sale that they executed, sir.
ATTY. __________:
Your honor, I am making on record that I showed and
handed to Juan dela Cruz the copy of the Extrajudicial
Settlement with Deed of Absolute Sale, and that he
identified the same. The Extrajudicial Settlement with
Deed of Absolute Sale is marked as EXHIBIT G.
Q32: What happened next, if there is any?
A32: We came to know only that the organizing folder
where she placed the Original Certificate of Title No.
_______ including other important documents went
missing.
Q33: What did you after, if there is any?
A33: We diligently search and made an effort to locate the
organizing folder, sir.
Q34: Did you find the organizing folder containing among
others the Original Certificate of Title No. _______?
A34: No, sir.
Q35: What did you do after, if there is any?
A35: My sister, Maria dela Cruz, executed an Affidavit of
Loss, sir.

Q36: If I show to you the copy of Affidavit of Loss executed

by Maria dela Cruz, will you be able to identify the
same?
A36: Yes, sir.
Q37: I am showing to you the copy of Affidavit of Loss
executed by Maria dela Cruz, what can you say about
this document, if there is any?
A37: This is the Affidavit of Loss executed by Maria dela
Cruz, sir. I can identify the same because this is her
signature.
ATTY. _________________:
Your honor, I am making on record that I showed and
handed to Juan dela Cruz the copy of the Affidavit of Loss,
and that he identified the same. The Affidavit of Loss is
marked as EXHIBIT H.
Q38: By the way Juan dela Cruz, do you have any authority
to appear and testify on behalf of the petitioner?
A38: Yes, sir.
Q39: What is your proof, if there is any?
A39: This Special Power of Attorney, sir
ATTY. LOUIE A. SOCRATES:
Your honor, I am making on record that Juan dela Cruz
showed and handed to me the copy of the Special Power of
Attorney. The Special Power of Attorney is marked as
EXHIBIT I.
Q40: With all the disclosure that you have made, my
question is that why do you have such relevant
information in regards to this instant case?
A40: I have first hand information because I am with my
sister for all the dealings/transactions that she made,
sir.
Q41: I have nothing more to ask, do you want to add more
to your testimony?
A41: No more, sir.
Q42: Peruse the foregoing questions and answers and
examine your own statements in this Judicial Affidavit

before you sign it. Do you confirm and affirm to the

truthfulness and veracity of all the foregoing?
A42: Yes, I confirm and affirm that the foregoing
statements in my Judicial Affidavit are true and
correct according to my personal knowledge of the
surrounding circumstances. The same shall serve as
my direct testimony in the above-captioned case.
Q43: Are you willing to sign your judicial affidavit?
A43: Yes, sir.
Affiant further sayeth naught.
IN WITNESS WHEREOF, I have hereunto set my hand
this __________________ at Tuguegarao city, Cagayan.
JUAN DELA CRUZ
Affiant
SUBSCRIBED AND SWORN to before me this
_____________________ at Tuguegarao City, Cagayan
after
the
affiant
has
exhibited
to
me
his
__________________________ as competent proof of his
identity.
Doc. No. :_____;
Page No. :_____;
Book No. :_____;
Series of 2014
ATTESTATION
In compliance with A.M. No. 12-8-8-SC, otherwise
known
as
the
Judicial
Affidavit
Rule,
I,
___________________________, hereby certify that I
have conducted/supervised the examination of the abovenamed witness, and that:
1.

I have faithfully caused to be recorded the questions

asked of, and the corresponding answers given by the
witness; and

2.

Neither I nor any other person then present or assisting

me coached the witness regarding the latters answers.
ATTY. ________________________

SUBSCIBED
AND
SWORNbefore
me
this
____________________, in Tuguegarao City, Cagayan, and
affiant presented and shown to me his Roll no. _________as
proof of his identity.

Doc. No. :_____;

Page No. :_____;
Book No. :_____;
Series of 2014

PRE TRIAL BRIEF

Republic of the Philippines
National Capital Judicial Region
REGIONAL TRIAL COURT
Makati City, Branch 168

EUNICE CRUZ-SANTIAGO,
168168
Petitioner,
Nullity of

Civil Case No.: 12For: Declaration of

Marriage under Art. 36

of the
Family Code of the
Philippines
- versus MICHAEL SANTIAGO,
Respondent.
x
----------------------------------------------------------------------------x

PRE-TRIAL BRIEF

OF THE

PETITIONER

The Petitioner, represented by the undersigned counsels as her

attorneys-in-law, respectfully submits to this Honorable Court this PreTrial Brief, to wit:

I.
POSSIBILITY OF AMICABLE SETTLEMENT OR ALTERNATIVE
MODES OF DISPUTE RESOLUTION
The Petitioner is not willing to consider any amicable settlement
or undergo alternative modes of dispute resolution with respect to the
primary prayer ofthis petition. However, the Petitioner is open to the
possibility of amicable settlement in relation to the partition and

10

accounting of the conjugal properties and assets of her union with the
Respondent.

II.
PROPOSED STIPULATION

OF

FACTS

The Petitioner proposes the following stipulation of facts:

1. Petitioner met Respondent sometime in May 2000 at Power
Plant Mall, Makati, where she worked part-time as a Sales
Personnel at Fully Booked. Respondent was one of the
customers of said bookstore whom she served and who
took an immediate attraction to her.
2. Respondent relentlessly wooed Petitioner

for

six

(6)

months by showering her with flowers and gifts, visiting

her frequently at the bookstore and in her school,
Assumption Makati, and bringing her home.
3. During the courtship, Petitioner often asked Respondent
where he worked and what his job was, but Respondent
always replied that he was still looking for a suitable job
that his mother would approve of.
4. Petitioner also asked Respondent where he gets his money
whenever they went out on dates since the latter was
unemployed while he was courting Petitioner. Respondent
replied that his parents always gave him an allowance for
gimmicks, dates, and out-of-town trips.
5. During their dates, Petitioner observed that Respondents
mother would call him every two hours and ask him where
he was. Petitioner also observed that every time she went
out on a date with the Respondent, he always bought his
mother a bouquet of flowers before heading home.

11

6. Petitioner eventually committed to a relationship with

Respondent after about six (6) months of courtship when
Respondent told her that he would stop courting her if she
would not commit to a relationship with him.
7. About a month into the relationship, Petitioner attempted
to break up with Respondent because she found out that
the Respondent lied to her about looking for a job.
Petitioner discovered that Respondent, since graduating
from college, never sought employment.
8. Respondent later found employment in Villa Socorro
Farm,a company owned by his family where his mother
was the Chief Executive Officer, as an Sales Assistant.
9. Later, Respondent pleaded with the Petitioner to prove her
love to him by asking her to have pre-marital sex with him
and when she refused, Respondent attempted to commit
suicide.
10.
Fearing

that

Respondent

would

again

attempt

suicide, Petitioner engaged in pre-marital sex with him,

resulting in her feelings of guilt and remorse.
11.
Soon after this, Respondent proposed marriage to
Petitioner because he sensed the feelings of constant guilt
and remorse exhibited by Petitioner.
12.
Petitioner and Respondent were married to each
other at the Manila Cathedral on 10 January 2002 before a
certain Rev. dela Cruz, as evidenced by their Certificate of
Marriage dated 10 January 2002. The wedding ceremony
and reception at the Manila Hotel was attended by both
parties' friends and family.

12

13.

After the marriage ceremony, the spouses returned

to their respective parents' homes and lived separately

since they had not yet established a conjugal home.
14.
Respondent visited Petitioner in her house in North
Forbes Park daily.However, Respondents mother would
always call him up and ask him to go home. Respondents
mother would ask their family driver to drive her to North
Forbes Park to pick up her son in the wee hours of the
morning.
15.
In 2002, as a result of Respondent's request,
Petitioner moved in to the house of Respondents' parents
believing it would only be temporary until the couple has
enough money of their own to rent or purchase their own
residence.
16.
In the same year, the couple established an Internet
caf business along Makati Avenue, Makati which was
mostly funded by Respondents parents with the exception
of the funds invested by the Petitioner.
17.
The Internet caf business closed down about after a
year due to the fact that it was not earning enough profit
with Petitioner promising the Respondents' parents that
they would reimburse them for the capital they gave to
start the business. Respondents' mother on the other hand
told her reimbursement was not necessary because she
never expected the same.
18.
Sometime in 2002, since the couples savings were
still insufficient to purchase a house and lot, Petitioner
applied for and was employed as a Management Trainee at
Hong Kong Shanghai Bank (HSBC).
13

19.

While working at HSBC, there were times that

Petitioner would come home late from work only to

discover that Respondent was out of the house or with his
friends.
20.
Also, there were a few occasions when Respondent
was unable to fetch Petitioner from HSBC as a result of the
prohibition of the formers mother. In addition to this,
there were several times where Respondent would fetch
Petitioner from the office with his mother.
21.
In February 2003, Petitioner and Respondent were
finally able to move out of Respondents' parents home.
They moved to a housepurchased by Respondents' mother
on No. 32 Maya St., which was a block away from
Respondents' parents home.
22.
Respondents mother

visited

them

every

day,

brought them food for breakfast, lunch, and dinner.

Respondents mother also volunteered to pay for the house
utilities.
23.
Sometime in March 2003, Respondent was relieved
of his position at Santiago Corporation when it was
dissolved.

Respondent

did

not

seek

employment

elsewhere.
24.
Respondents motherbegan giving her son allowances
to defray his personal and familial expenses. Respondents
mother asked Petitioner what expenses were not being
covered by her salary and even volunteered to subsidize
their other household expenses.
25.
During this period of unemployment, Respondent
consistently tried to convince Petitioner to move back into

14

the home of Respondents parents, because he stayed

there anyway almost the entire day since he had no work.
26.
The couple moved back to Respondent's parents'
house after Petitioner lost her position at HSBC when the
bank experienced a bank run.
27.
When the couple returned

to

the

home

of

Respondents parents, Respondent constantly reminded

the Petitioner that they can live off his parents who can
afford to support them anyway and that Petitioner should
just abandon the idea of moving into their own family
home.
28.
In a last ditch effort to save her marriage, the
Petitioner convinced the Respondent to undergo marriage
counseling sometime during the month of November 2003.
29.
Petitioner brought him to Dr. Jimmy Tan, a
psychologist, who not only counseled the couple until July
of 2004 but also made a psychological evaluation and
assessment of the Respondent at the request of the
Petitioner and with the knowledge and consent of the
former that his wife would receive a copy of the doctors
findings.
30.
The psychological evaluation and assessment issued
by Dr. Tan on 21 June 2004, revealed that the Respondent
is suffering from a dependent personality disorder which is
serious, incurable and existing prior to the union between
the two, rendering him incapable of performing the
essential marital obligations, the features of which are (1)
difficulty making everyday decisions without an excessive
amount of advice and reassurance from others, especially
15

Respondents

mother,

(2)

needs

others

to

assume

responsibility for the major areas of his life (3) has

difficulty initiating work or doing things on his or her own,
(4) feels uncomfortable or helpless when alone because of
exaggerated fears of being unable to care for himself or
herself, (5) is unrealistically preoccupied with fears of
being left to take care of himself or herself, and (6) an
overwhelming lack of interest to take responsibility for his
actions and his life.
31.
As Petitioner could no longer bear the emotional and
psychological

stress

brought

about

by

Respondents

mentality and behavior, she left the home of her parentsin-law to live on her own sometime in September 2004.
32.
As found even by the National Appellate Matrimonial
Tribunal of the Catholic Church in a decision they released
concerning the so-called union between the Petitioner and
the Respondent on 9 March 2006 penned by a Fr. Rodolfo
Dacanay, S.J., the Respondent manifested a simple but
deep-seated aversion to performing his marital obligations
as

he

failed

to

provide

the

Petitioner

with

the

companionship, respect, mutual help, support, and care

required by law as he decided to provide the same to his
mother. The said decision goes on to state that the inability
of the Respondent to discharge the essential obligations of
marriage is grave and incurable, as the acts constituting
the same are habitual, persistent, unchanging and of
enduring nature.

16

III.
ISSUES

TO BE

TRIED

AND

RESOLVED

The Petitioner proposes the following issues to be tried and

resolved by this Honorable Court:
1. Whether or not the Respondent has failed to comply with
the essential marital obligations stated in Article 68 of the
Family Code;
2. If the Respondent has failed to comply with the essential
marital obligations stated in Article 68 of the Family Code,
whether or not such failure was due to psychological
incapacity which is grave, serious and incurable and
existing

at

the

time

of

the

marriage,

though

only

manifesting itself during the marriage.

IV.
DOCUMENTS

TO BE

PRESENTED

The Petitioner will present the following documents

1. Marriage Certificate between Eunice Cruz-Santiago and
Michael Santiago made on 10 January 2002.
2. Certificate of Employmentof Michael Santiago from
Santiago Corporation issued on 4 September 2001.
3. Certificate of Employmentof Eunice-Cruz Santiago
from HSBC issued in 2002.

17

4. Deed of Sale over No. 32 Maya St., Corinthian Gardens,

Quezon City purchased by Michael Santiago's mother on 8
January 2003.
5. Psychological Evaluation and Assessment of Michael
Santiago made by Dr. Jimmy Tan on 21 June 2004.
6. Decision of National Appellate Matrimonial Tribunal
penned by Fr. Rodolfo Dacanay, S.J. on 9 March 2006.
7. Other documents as may be determined to be relevant to
the case during the course of trial.

V.
WITNESSES

TO BE

PRESENTED

The Petitioner will present the following witnesses:

1. Eunice Cruz-Santiago will testify as to truthfulness of her
allegations in the petition, particularly the breakdown of
her union with Michael Santiago because of the latter's
psychological incapacity.
2. Dr. Jimmy Tan will testify as to the truthfulness of his
Psychological Evaluation and Assessment of Michael
Santiago made on 21 June 2004. He will also testify as to
how serious Michael Santiago's psychological condition is,
what he believes is the root cause of such condition and
how it has manifested itself in the union between Michael
Santiago and Eunice Cruz-Santiago.

18

3. Corazon Ayala-Santiago, mother of Respondent, will

testify as to the methods, schemes, and ways in which she
helped her son before and during the marriage. She will
also testify as to the nature of her relationship with her
son and how the latter was brought up in order to show
the root cause of Respondents psychological condition.
4. Other witnesses as may be determined to be relevant to
the case during the course of trial.

VI.
AVAILABLE DATES

FOR

TRIAL

The Petitioner respectfully requests that the trial dates be agreed

upon in open court at such dates and time convenient to the parties
and the calendar of this Honorable Court.

WHEREFORE, premises considered, it is respectfully prayed unto

this Honorable Court that the foregoing Pre-Trial Brief be duly noted.

Makati City, 12 November 2012.

(SGD.) ALISON KAW
Counsel for Petitioner
Address: #11 Malaya St., People's Village, Makati City
Contact Nos.: (054) 887-1476; 0917-449-3285
Roll No. 97871
PTR No. 024542; 1/10/09; Makati City
IBP No. 007308; 12/20/09; Makati Chapter
(SGD.) MATTHEW ONG
Counsel for Petitioner
Address: #23 Malaya St., People's Village, Makati City
Contact Nos.: (054) 887-1234; 0917-468-5475
Roll No. 97963
PTR No. 0257442; 3/11/08; Makati City
IBP No. 478521; 2/2/09; Makati Chapter
19

(SGD.) SERGIO PINLAC

Counsel for Petitioner
Address: #8 Malaya St., People's Village, Makati City
Contact Nos.: (054) 897-3256; 0918-147-6985
Roll No. 85213
PTR No. 0285242; 5/4/08; Makati City
IBP No. 478521; 5/2/09; Makati Chapter
(SGD.) MARTIN UY
Counsel for Petitioner
Address: #35 Malaya St., People's Village, Makati City
Contact Nos.: (054) 887-6978; 0917-485-5354
Roll No. 97413
PTR No. 0258712; 8/11/08; Makati City
IBP No. 198621; 6/8/09; Makati Chapter
(SGD.) DIANNA WILWAYCO
Counsel for Petitioner
Address: #16 Malaya St., People's Village, Makati City
Contact Nos.: (054) 897-1785; 0916-369-8523
Roll No. 32184
PTR No. 0951242; 10/8/08; Makati City
IBP No. 478521; 11/7/09; Makati Chapter
Copy furnished:
SAMSON MANGCO FERNANDO CRUZ GARCIA & ASSOCIATES
Counsel for Respondent
Address: 10/F Commerce Centre, Valero St., Salcedo Village, Makati
Contact Nos.: (081) 874-1478 to 90
EXPLANATION
Service of this petition is by registered mail instead of personal service
because of lack of messengerial aide to make personal service.
(SGD.) ALISON KAW
(SGD.) MATTHEW ONG
(SGD.) SERGIO PINLAC
(SGD.) MARTIN UY
(SGD.) DIANNA WILWAYCO
Counsels for Petitioner
AFFIDAVIT OF SERVICE BY REGISTERED MAIL

20

I, RodelArdales, of legal age and having been duly sworn depose

and say:
That I am the messenger of Attys. Kaw, Ong, Pinlac, Uy and
Wilwayco, counsels for petitioner in the case entitled Cruz-Santiago v.
Santiago, Civil Case No. 168168, and as such messenger I served
upon the counsels of the adverse party, the petition filed in said case:
By depositing the copy in the post office in sealed envelope,
plainly addressed to the counsels at their office, with postage fully
prepaid, and with instruction to the postmaster to return the mail to
the sender after ten days if undelivered, this 12th day of November
2012, as shown by Registry No. 12345 dated 12 November 2012 of
the post office of Makati City.
IN WITNESS WHEREOF, I have signed this affidavit this 12th day
of November 2012 at Makati City.
(SGD.) RODEL ARDALES
Affiant
SUBSCRIBED AND SWORN to before me on this 12th day of November
2012 at Makati City, affiant exhibiting to me her Driver's License No.
12345852515 which will expire on April 26, 2014.
(SGD.) MICHAEL DELA CRUZ
Notary Public
Makati City
Doc. No. _______;
Page No. _______;
Book No. _______;
Series of 2012.

JA CRIM
Republic of the Philippines
REGIONAL TRIAL COURT
10TH Judicial Region
Branch 1
Butuan City, Agusan del Norte

PEOPLE OF THE PHILIPPINES,

Plaintiff,

CRIM. CASE No. 80688-00

-versus-

FOR: PHYSICAL ABUSE IN

21

RELATION TO R.A.7610
MARCELO BAYAMBAGO Y BULANON,
Accused.
X- - - - - - - - - - - - - - - - - - - - - - - /

JUDICIAL AFFIDAVIT
OF MR. ROMMEL M. SALES

I, ROMMEL M. SALES, 16 years old, single , residing at Purok-3

Libertad, Butuan City, after having been sworn to in accordance with
the law do hereby depose and state:
That Fiscal PRINCESS S. DALINGAY is the counsel who conducted and
supervised my examination as a witness at her office at Provincial
Prosecutors Office, Butuan City, Agusan del Norte;

That I am answering the questions herein fully conscious that I do so

under oath and that I may be criminally liable for false testimony or perjury;

The following are the Questions propounded by Fiscal Princess S.

Dalingay and my answers in English language:
Q1:

Do you swear to tell the truth and nothing but the truth?

A1:

Yes Maam.

Q2:

Are you the same Rommel M. Sales, the private complainant in this
case for Physical Abuse in Relation to R.A. 7610 now pending before
the Regional Trial Court, Branch 1 of Butuan City, Agusan del Norte?

A2:

Yes Maam

22

Q3:

What is your highest educational attainment?

A3:

3rd year High School at Libertad National High School.

Q4:

Do you personally know the accused in this case, Mr. Marcelo

Bayambago?

A4:

Yes Maam.

Q5:

Can you tell us why you personally know Mr. Bayambago?

A5:

He also lives in Purok 3 Libertad. He is our neighbor and their

house is just beside our house. We are friendssince I was a
child.

Q6:

Where were you on January 3, 2013 at about 10:00 oclock in the

morning?

A6:

I was walking home at that time after I had visited my friend Paolo
Balesteros at Purok 1 Libertad, Butuan City.

Q7:

Who was with you during that time you were walking home?

A7:

I was with my other friend, Racine Monsteclaros.

Q8:

What transpired during that time?

A8:

I was walking with my friend Racine Montesclaros. When we

reached in front of Bayambagos house Marcelo Bayambago who
was looking very angry came out and told me in visayan

words

to quote Mosugatgyudkaha unquote. Then he punched my

right portion of my body.
Q9:

When he punched you, what did you do?

A9:

I didnt do anything Maam. I could not do anything.

Q10: What did your friend Racine Montesclaros do?

A10: He did nothing too. We both could do nothing.
23

Q11: Why do you say that you couldnt do anything?

A11: Because Marcelo Bayambago is bigger and stronger than the two
of us. No one dared to fight with him Maam.
Q12: Why do you say that he was angry during that time?
A12: Because when he got out of their house, he was swearing and he
seemed to be pissed off of something inside their house.

Q13: Was Marcelo Bayambago drunk at that time?

A13: No Maam. He didnt smell or look like he was drunk.

Q14: Can you tell us how big Marcelo is?

A14: He is 56 tall. His body structure is firm and has strong muscles
because he works out sometimes. He acts like he can beat all of
us smaller than him. We are actually terrified by his presence
because of his unpleasant behavior.
Q15: Why do you say unpleasant behavior?
A15: Because whenever me and my friends are joking and laughing,
he just suddenly interrupts shouting at us and telling us to shut

our mouths. He then threatens us that if we are taking about

him, we surely would get a prize from him.
Q16: What prize would this be?
A16: Maybe a punch or a kick.
Q17: Aside from the incident that
was

happened last January 3,2013,

there any other incident of punching you?

A17: Yes Maam.

Q18: Can you tell us what happened and when it happened?
24

A18: On January 5, 2013 more or less 3:00 o clock in the afternoon,

in front of Cyber Jazzer, Purok-3 Libertad, Butuan City. While I
was passing by the Internet Caf, I saw Marcelo Bayambago, Jr.
came out from the Cyber Jazzer Internet Caf. He ran towards
me and punched me twice hitting on the right shoulder

thus

causing pain on it.

Q19: When he punched you, what did you do?
A19: I tried to retaliate after he punched me. However, he grabbed
my

arms and twisted it over my back and he said in visayan

words to

quote Ay mosukolnaka ha unquote. Then he

punched me again on

my right portion of the body and kicked

my left leg. I fell down the

ground after that strong punch and

kicked. It was really painful that it made me cried.

Q20: Did anybody see the incident?
A20: Yes Maam. Our friend Julius DumanonHellardes, the owner of
the

Internet Cafe was there.

Q21: What did Julius Dumanon do?

A21: He shouted at Marcelo Bayambago and told him to stop.

Q22: What did Marcelo do when Julius Dumanon told him to stop?
A22: He just laughed and said in visayan words again to quote
MosukolnamangyudBai, maayonangpitolon. Then he left.
Q23: What did you do then?
A23: I stood up and Julius Dumanon helped as I hardly can walk.
Then he accompanied me back home.
Q24: And then, what happened next?
A24: When I got home I told my mother about the incident and then
we reported the incident to police Station3 in Libertad, Butuan
City.
25

Q25: Do you have any proof of all your allegations?

A25: I have my witnesses Maam, my friend Racine Montesclaros and Julius
Dumanon.

Q26: Do you have any medical certificate to support your allegations?

A26: Yes, Maam, I have.

Attached to this Judicial Affidavit is an original copy of the medical

certificate marked as Exhibit A.

Q27: Based on this medical certificate you are showing to us that the
injuries would have incapacitated you for a period of 7 to 10 days?
A27: Yes, Maam, I was actually incapable to join my classes at Libertad
National High School for more than a week due to the pain that I
suffered. The next day after the incident I had bruises and it was
absolutely difficult for me to stand.

Q28: Who issued this medical certificate?

A28: It was DrRocelda L Mirasol Maam, Medical Officer III at Butuan

Medical Center

Q29: Whos signature is this in the medical certificate?

A29: My doctor, Maam, Dr. Rocelda L. Mirasol.

Q30: Why did you say that it was Dr. Mirasol who signed it?

26

A30: Because I was in front of her when she signed the medical certificate.

Q31: Do you have anything to say, Mr. Sales?

A31: No more, Maam.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 7 th

day of February 2013 at Butuan City, Philippines.

ROMMEL M. SALES
Private Complainant

SUBSCRIBED AND SWORN to before me this 7 th day of February 2013

at Butuan City, Philippines.

PRINCESS S. DALINGAY
Asst. Provincial Prosecutor
Detailed PPO-Butuan City
Agusan del Norte
MCLE Compliance No. IV 000000
Officer-in-Charge

27

ATTESTATION OF LEGAL COUNSEL

I, PRINCESS S. DALINGAY, Asst. Provincial Prosecutor, Detailed

PPO-Butuan City, Agusan del Norte, after having been sworn to in accordance
with the law do hereby depose and say:

1. That I have faithfully recorded or caused to be recorded the

questions I asked and the corresponding answers that witness,
Victoria L. Soledad, gave;
2. That I have not, nor any other person present or assisting coached
the witness regarding the witness answers; and
3. That I fully understand that any false attestation shall subject me
to disciplinary action, including disbarment.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 7 th

day of February 2013 at Butuan City, Philippines.

PRINCESS S. DALINGAY
Counsel for the State

SUBSCRIBED AND SWORN to before me this 7 th day of February 2013

at Butuan City, Philippines.

28

ATTY. PRINCE S. MORAL

Public Attorney IV
Public Attorneys Office
Butuan City, Agusan del Norte
MCLE Compliance No. IV 000000
Officer-in-Charge

JA CIVIL
Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

7th Judicial Region

Branch 7, Cebu City

LUZ FLORA LAURON YAP,

CIVIL CASE NO. R-57643

Plaintiff,

FOR: UNLAWFUL DETAINER,

DAMAGES & ATTY.S FEES

- versus 29

EDGAR AND JOAN

VILLACORTA & MAXIMO VILLACORTA
Defendants.

x-----------------------------------/

OFFER OF TESTIMONY:

The testimony of the witness is offered to prove the following:

1
2
3
4
5
6
7
8
9

That she is the plaintiff in this instant complaint;

That she is the owner of a parcel of land subject in this instant case;
That defendants were lessors of subject property;
That she will testify that defendant ceased to pay monthly rental yet
continued to occupy subject property;
That she sued defendants for ejectment for their refusal to pay rentals
and vacate the property yet the defendants continued their vehement
refusal to do so;
That she sent a demand letter to the defendants and despite doing so,
defendants adamantly continued to stay in the property and not
paying rentals thereon;
That she will testify on the damages incurred by the plaintiff
corporation due to the unlawful acts of the defendant;
That she will identify certain documentary exhibits;
That she will also testify on other related and relevant matters.

Republic of the Philippines}

City of Cebu - - - - - - - - - } S.S.
X------------------------------/

JUDICIAL AFFIDAVIT

I, DR. LUZ FLORA L. YAP, Filipino, of legal age, married and with
residence and postal address at 861 C. Padilla St., Mambaling, Cebu City,
after having been sworn in accordance with law, depose and say that:

30

Are you aware and conscious that this is under oath, and that any
falsity of this Affidavit would subject you to prosecution for false
testimony or perjury?
A: Yes sir, I am.

2 Are you the same DR. LUZ FLORA L. YAP, the plaintiff in this case?
A: Yes, sir. I am Dr. Luz Flora Lauron Yap, the plaintiff in this case.

Do you know Edgar and Joan Villacorta, the defendants in this

instant case?
A: Yes, sir. Edgar and Joan are brother and sister. Their father is
MaximoVillacorta. They are presently residing in my property in
Pahina, San Nicolas, Cebu City.

4 What particular property are they presently occupying right now?

A: They are presently occupying my residential house located in the
accretion of Lot 1036.

5 How did they acquire the subject property?

A: I acquired the house and lot as my inheritance from my parents
PrimitivoLauronDionisiaLauron.

How come that the Villacortas are now occupying your residential
house?
A: Their predecessor-in-interest PastoraAngMosqueda leased this
property from my father PrimitivoLauron

When did PastoraAngMosqueda

property?
A: Sometime in 1959.

start

leasing

this

residential

8 Where is PastoraAngMosqueda now?

A: She is already dead.

After her death, who continued to occupy the subject residential

house?
A: Lucresia Lucring Ang the daughter of PastoraAng and her husband
MaximoVillacorta.

10 What was the mode of payment of the rental by Lucring to your

father?

31

A: Based on our record, Lucring paid P 800.00 per month until June
1995.

11 How are Edward and Joan related to Lucring?

A: Lucring is the mother of Edgar and Joan and Maximo is the husband.

12 When was the last payment of the rental by the defendants?

A: January 2012.

13 Why did they stop paying the rental?

A: They stopped paying the rental when I asked them to vacate from
my property because I was planning to develop the said property.

14 Where was Lucringnow.

A: She is already dead.
15. Who are presently living in the said residential property after the
death of Lucring?
A: Maximo their father and Edgar and Joan.

15 How much was the last monthly rental?

A: 1,000.00

16 What did you do when they stopped paying rental?

A: I sued them in the barangay.

17 Could you describe the residential lot and parcel of land on which it
is situated?
A: My residential house is constructed on my parcel of land
denominated as Lot 1036 with an area of 307 square meters and
located along Tres de Abril St., Pahina San Nicolas, Cebu City.

18 Do you have any proof of ownership of that parcel of land?

A: Yes, sir. I have a Transfer Certificate of Title and a Tax
Declaration as proof of my ownership over said parcel of land. I also
caused the survey and preparation of a sketch plan over said
property.

32

19 If I show to you such documents, would you be able to identify it?

A: Yes.

20

I am now showing to you a certified true copy of Transfer

Certificate of Title No. 100298 of the Registry of Deeds, Cebu City,
issued in the name of Luz Flora Lauron Yap. Kindly go over this
document and please tell this Honorable Court if this is the same
transfer certificate of title you are referring to?
A: Yes, sir. That is the one, my certificate of title showing my
ownership over Lot 1036 where my residential house is constructed.
(Request for marking of Transfer Certificate of Title No. 100298
as Exhibit A)

21 I am also showing to you a certified true copy of Tax Declaration No.

97GR-09-065-00032 of the Office of the City Assessor, Cebu City
and issued in the name of Sps. LauronPrimitivo. Kindly go over this
document as well and please tell this Honorable Court if this is the
same tax declaration you are referring to?
A: Yes, sir, this is my tax declaration over the same parcel of land.
(Request for marking of Tax Declaration No. 97GR-09-06500032 as Exhibit B)

22 I am also showing to you an original copy of the Sketch Plan of Lot

No. 1036 as surveyed for Dionesia R. Lauron and prepared by
Geodetic Engineer Cesar V. Tecson. Is this the same sketch plan you
are referring to?
A: Yes, sir. That is my sketch plan depicting the survey of the said
property. (Request for marking of Sketch Plan as Exhibit C)

23 This sketch plan is prepared and surveyed for Dionesia R. Lauron.

How are you related to her?
A: She was my late mother.

24 How then did you acquire such property?

A: I inherited the same from my late mother, who acquired the same
during her lifetime.

25 You said that herein defendants were lessees of your Lot 1036
situated in Pahina San Nicolas, Cebu City as they constructed their
residential house thereon. In this sketch plan, can you indicate to us
33

and to this Honorable Court which portion in particular the house

constructed by the defendants is situated?
A: The house where the defendants constructed their house is at this
portion in the sketch plan. (Request for marking of the Specific
portion of the sketch plan as Exhibit C-1)

26 When did the defendants commence the lease of your property?

A: They started leasing the property on ___________________.

27 How much was the monthly rental for the use of the property?
A: The monthly rental for the use of the house was
P________________.

at

28 How much was the arrears?

A: The arrears was at P________________.

29 Do you have proof of receipt of such rentals?

A: Yes, sir. These are the receipts. (Request for marking of Rental
receipts as Exhibit D)

30 When did defendants stop paying their monthly rentals?

A:
They
stopped
paying
their
monthly
rentals
___________________.

on

31 When defendants stopped paying their monthly rentals, what did

you do then?
A: I orally demanded from the defendant spouses to pay their due
rentals and arrears and vacate the premises.

32 What was their reply to your demand?

A: They stubbornly refused to pay monthly rentals and arrears as
well as to vacate the premises despite my several oral demands for
them to do so.

33 What then did you do in the light of their stubborn refusal?

A: I then sued them for ejectment before the Office of the Barangay
Chairman of Pahina San Nicolas.

34

34 What was the result of such barangay proceeding?

A: Despite the efforts for amicable settlement by the members of the
LupongTagapamayapa, defendants continued their vehement
refusal to pay rentals and arrears and vacate the premises.

35 Do you have proof of such barangay proceeding?

A: Yes, sir. I was issued a Certification to File Action from the Office of
the LupongTagapamayapa of Barangay Pahina San Nicolas.

36 I have here an original copy of the Certificate to File Action in

Barangay Case No. 10-1023 for Ejectment entitled Dr. Luz Flora Yap,
complainant, versus Joan Villacorta/Edgar Villacorta, respondents
issued on October 10, 2012. Is this the same certification that you
are referring to?
A: Yes, sir. That is the one. (Request for marking of Certification to
File Action as Exhibit E)

37 Following the issuance of such certification, what did you do next?

A: As a matter of last chance to settle the matter out of court, I sought
the assistance of a lawyer to send the defendant spouses a demand
letter giving them a final opportunity to pay back rentals and to
peacefully vacate from the premises in order to spare them from
costly court litigation.

38 I have an original copy of the demand letter dated January 31, 2013
addressed to Sps. Edgar and Joan Villacorta, signed by Paulino B.
Labrado, handling counsel, with the conformity of Dr. Luz Flora L.
Yap. Is this the same demand letter that you are referring to?
A: Yes, sir. This is the demand letter I caused to be sent to them.
(Request for marking of Demand Letter as Exhibit F)

39 Due to the actions of the defendant spouses, did you incur

damages or losses?
A: Yes, sir. I spent P10,000.00 for the engagement of a lawyer to
prepare the demand letter and to file this case in court. I will also
incur P1,500.00 as appearance fee and P5,000.00 as litigation
expenses.

40 What do you now pray of this Honorable Court?

35

A: I earnestly pray to this Honorable Court that it render a decision in

my favor, ordering defendants to immediately vacate the premises
of Lot No. 1036 and/or pay the appropriate and accumulated rentals
thereon to be determined until the final resolution of the case. I also
humbly beg the Honorable Court to order defendants to pay the
amount of P10,000.00 as attorneys fees, P5,000.00 as litigation
fees and P1,500.00 for every court appearance of my lawyer.

IN WITNESS WHEREOF, I have hereunto set my hand this ______ day

of January 2013, in Cebu City, Philippines.

DR. LUZ FLORA L. YAP

Affiant
_______________________________
_______________________________
_______________________________

SUBSCRIBED AND SWORN to before me, in the on the _____ day of

January 2013, affiant exhibited to me her competent evidence of identity with
the details shown above. I hereby certify that I personally know herein affiant
being my client, and after having personally examined him I am fully
convinced that he has personally read and understood the foregoing judicial
affidavit and the allegations herein.

Doc. No. ______;

Page No. ______;
Book No. ______;
Series of 2013.

REPUBLIC OF THE PHILIPINES}

36

CITY OF CEBU . . . . . . . . . . . . . . }S.S.

AFFIDAVIT OF ATTESTATION

I, PAULINO B. LABRADO, of legal age, Filipino, married and holding

office at Rm. 202, Aniceta Bldg., Osmea Blvd., Cebu City, Philippines, after
having been duly sworn to in accordance with law, do hereby depose and
state:

1. That I was the lawyer who conducted/supervised the Affiant DR. LUZ
FLORA L. YAP in the execution of her judicial affidavit;

2. That the execution of said Judicial Affidavit was done in my office at

Rm. 202, Aniceta Bldg., Osmea Blvd., Cebu City, Philippines on the _____ day
of January 2013;

3. That I faithfully recorded the questions and the corresponding

answers that she gave;

4. That neither did I coach her nor were there any other person doing
the same regarding her answers to the questions;

5. That I execute the foregoing affidavit to attest to the veracity of the

foregoing facts and for whatever legal purpose this may serve.

IN WITNESS WHEREOF, I have hereunto affixed my hand this ______ day

of January 2013 in the City of Cebu, Philippines.

PAULINO B. LABRADO
Affiant

SUBSCRIBED AND SWORN to before me on the date and place above

mentioned, affiant having exhibited to me his Integrated Bar of the
37

Philippines ID No. 46534. I also hereby certify that I personally know herein
affiant, him being a partner in the law office.

WITNESS MY HAND AND NOTARIAL SEAL.

Doc. No. _____;

Page No. _____;
Book No. ____;
Series of 2013.

38

LEGAL OPINION
Legal Opinion
December 10, 2010
Mr. Peter Banag
16 Annapolis St.
Cubao, Quezon City
Dear Mr. Banag:
Here is the opinion you requested.The facts, gathered from you and your
documents, are as follows:
Your daughter, Mary Banag, about six years old, went to Arthur Sisons house to
buy ice-candy on September 12 at about 3 PM. Mary knocked on the gate, but having
gotten no response from Arthur who was napping then, she tested the gate by pushing it.
Upon doing so, the gate yielded and Arthurs dog jumped out, went after Mary and
attacked her from behind, biting her on the leg and arms as she fell to the ground. She
was saved by Fred Puzon, a neighbor, who kicked the dog away and protected her.
Awakened by the commotion and having heard shouts that his dog had attacked a child,
Arthur went out, sent the dog back to his yard and bought Mary to a nearby clinic for
treatment, paying the medical bill thereafter.You asked Arthur to pay Mary P20,000 in
damages for the ordeal but all you got was a letter saying that he cannot grant
yourdemand because he was not at fault. Hebased his stand on the following:
1. That there was a sign at the gate warning about the presence of the dog, in
effect implying that if Mary heeded what the sign says, the attack wouldnt
have happened
2. That at the time of the attack she was not accompanied by an adult,
impliedly putting the blame on you as her parent for letting her roam
outside unattended and therefore exposing her to danger; and
3. That he already paid the bill for Marys medication.
The issue here is clear:its whether or not Arthur is liable to Mary for damages.In
my opinion, Arthur is liable for damages notwithstanding his defenses.First and foremost,
what happened to Mary is classified as a quasi-delict, as defined by Article 2176 of the
Civil Code:
Whoever by act or omission causes damage to another, there being fault or
negligence, is obliged to pay for the damage done. Such fault or negligence, if
there is no pre-existing contractual relation between the parties, is called a quasidelict and is governed by the provisions of this Chapter.
As for the nature of Arthurs liability, the provision that governs is Article 2183 of
the Civil Code. It provides that:
The possessor of an animal or whoever may make use of the same is responsible
for the damage which it may cause, although it may escape or be lost. This
responsibility shall cease only in case the damages should come from force
majeure from the fault of the person who has suffered damage.

39

The Supreme Court explained said provision in the case of Vestil v. Intermediate
Appellate Court (G.R. No. 74431, 179 SCRA 47), saying that:
According to Manresa, the obligation imposed by Article 2183 of the Civil Code
is not based on the negligence or on the presumed lack of vigilance of the
possessor or user of the animal causing the damage. It is based on natural equity
and on the principle of social interest that he who possesses animals for his utility,
pleasure or service must answer for the damage which such animal may cause.
Now, Arthur may say that what happenedwas brought about by contributory
negligence on Marys partas the former implied in his letter, or he may claim that letting
Mary roam the vicinity unaccompanied is negligence on your part and constitutes the
proximate cause of her injuries, notwithstanding his own negligence in leaving the gate
unlocked before napping. Both scenariosare governed by Article 2179 of the Civil Code
that provides:
When the plaintiffs own negligence was the immediate and proximate cause of
his injury, he cannot recover damages. But if his negligence was only
contributory, the immediate and proximate cause of the injury being the
defendants lack of due care, the plaintiff may recover damages, but the courts
shall mitigate the damages to be awarded.
In the first scenario, the Supreme Courts ruling in Jarco Marketing Corporation
v. Court of Appeals (G.R. No. 129792, 321 SCRA 375) that a child under nine years of
age must be conclusively presumed incapable of contributory negligence as a matter of
law covers Mary, hence throwing the notion of contributory negligence on her part out
the window.As for the second scenario, the ruling in Umali v. Bacani (G.R. No. L-40570,
69 SCRA 263)provides that parental negligence in allowing a young child to go out of the
house alone may at most qualify as contributory negligence and as such would be
covered by the second sentence of Article 2179.
Arthur, being the owner of the dog that attacked Mary, is liable for damages, with
all possible defenses taken into consideration.If Arthur didnt leave the gate unlocked
before taking a nap an act showing a lack of due care there would have been no way
the dog could have attacked Mary. Mary could test the gate all day long and she wouldnt
be attacked by Arthurs dog had the gate been closed. Of course, he may say that paying
Marys medical bill should be enough, but that does not cover the moral damages that
Mary is entitled to under Article 2219 (2) of the Civil Code, which specifically pertains to
quasi-delicts causing physical injuries. As mentioned earlier, the only reprieve due him
would be a mitigation of his liability.
One thing: my opinion is based on the laws and the jurisprudence applicable to
your situation. If by any circumstance you take your plight to court, I am confident that
the case will be decided in your favor.
Very truly yours,
Emile Justin P. Cebrian

40