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)

CITY OF ILOILO

)s.s.

x----------------------------------x
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 Marks 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 Marks
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 12 th day of
December, 2015, Iloilo City.
WINNILYN J. MOOC
Affiant
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 YUTE

Doc. No. _____

Page No. _____
Book No. _____
Series of 2015

Notary Public
For the City and Province of Iloilo
Until December 31, 2015
Roll No. 88828
Kho Yute Law Office
1235 Bldg. Jalandoni St., Iloilo City 5000
PTR No. 6231116/01-05-15/Iloilo City
IBP No. 0986312/01-05-15/Iloilo City
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 YUTE
Counsel 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. CABUSLAY

Doc. No. _____

Page No. _____
Book No. _____
Series of 2015

Notary Public
For the City and Province of Iloilo
Until December 31, 2015
Roll No. 66969
Dolorica and Cabuslay Law Office
9876 Bldg. Jalandoni St., Iloilo City 5000
PTR No. 6231199/01-05-15/Iloilo City
IBP No. 0986999/01-05-15/Iloilo City
Com. Reg. No. 456