REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

CITY OF MANILA
BRANCH 9

MAY KAGANDAHAN
Plaintiff,
CIVIL CASE No. 11111
-versus- COMPLAINT
FOR SPECIFIC PERFORMANCE

ALEX KHO
Defendant.

x-----------------------------------x

JUDICIAL AFFIDAVIT OF PLAINTIFF

I, MAY KAGANDAHAN, is of legal age, Filipino citizen, single, with residence and postal
address at Claro M. Recto Street, Manila City, state under oath as follows:

PRELIMINARY STATEMENT

The person examining me is Atty. Mary Meilani R. Suyat, with office address at 57B Unit
3B, Cuatro de Julio St., Brgy. Sto. Nino, Quezon City. The examination is being held at the said
address. I am answering her questions fully conscious that I do so under oath and may face
criminal liability for false testimony and perjury.

PURPOSE:

This affidavit/testimony of plaintiff May Kagandahan is being offered to prove that the
defendant Alex Kho entered in to contract to sell and defendant failed and refused to
transfer and convey to plaintiff the real property which is a subject of the contract to sell
despite the plaintiff willingness to pay the remaining balance even before June 03, 2013.
This Judicial Affidavit of May Kagandahan is executed to serve as his direct testimony in
the instant case. It is also offered to prove the following:
1. All the allegations in the complaint including all annexes appended thereto and which
are already marked as exhibits in the case;
2. All other related matters, facts and circumstances relevant and material to this case.
1. Q. Do you swear to tell the truth, the whole truth and nothing but the truth?

A. I do.

2. Q. Please state your name, age, residence address and occupation.

A. I am May Kagandahan, 28 years old and presently residing at Claro M. Recto Street,
Manila City. I am a businesswoman.

3. Q. Do you know the defendant in this case Mr. Alex Kho?

A. Yes.

4. Q. How did you come to know Mr. Alex Kho?

A. My House is just at the back of theirs, just a different street.

5. Q. Do you have a personal relationship with the defendant?

A. Because where neighbors, we became friends.

6. Q. How come you know this lot is for sale?

A. He offered it to me when he attended my birthday party on December 21, 2012 held at

my residence.

7. Q. Did you accept his offer?

A. Yes.

8. Q. Why did the sale do not transpire that day?

A. I have not enough money during that time to buy that property.

9. Q. What is the response of Mr. Kho?

A. He said that Its ok. We can have a contract to sell to give you an ample time to gather
money. Prepare at least P1,000,000.00 as earnest money on January 30 (2013) and Ill
prepare our contract.
10. Q. What is your reply?

A. I said, Ok, Ill prepare the money. See you then on June 03.

11. Q. What happened on January 30, 2013 regarding your verbal agreement?

A. He came to my house, with the contract to sell. Then we go to the notary public.

12. Q. What did you do to notary public?

A. I gave the earnest money amounting to P1,000,000. We signed the said document in the
presence of two other witnesses who are also our neighbors.

13. Q. I am showing you this document, herein referred to as Annex A. Do you know this
document?

A. Yes.

14. Q. What is this document?

A. Its a Contract to Sell.

15. Q. Who executed this Contract to Sell?

A. Me and Mr. Alex Kho.

16. Q. When was this Contract to Sell executed?

A. On January 30, 2013.

17. Q. Have you paid the remaining balance of P5,255,000.00?

A. No

18. Q. Why did you not pay the remaining balance?

 A. Mr. Kho refuses to accept my payment.

19. Q. How many times did you offer to pay?

A. 3 times.

20. Do you recall the dates those 3 times you offered?

A. First is when there is a home owners association meeting dated Feb 14, 2013 in our
clubhouse.
B. Second is during my only sons birthday March 1, 2013 in my house.
C. Third is during the baptismal of our neighbors son in St. Joseph Parish Church April 31,
2014.

21. Q. What did Mr. Kho told you his reason for refusing?

A. The lot is no longer for sale.

22. Q. What was your reaction to his reply?

A. I told him, What will happen to the earnest money I pay?

23. Q. And what did he answer?

A. It will serves as a payment to my debt to him amounting to P1,600,000 and to other

expenses I incurred due to our contract to sell.

24. Q. What did you response?

A. I told him that It is unacceptable. My debt is different from our contract to sell. My debt is
not even due and demandable.
25. Q. What is the reaction of Mr. Kho?
A. Nothing, as if he did not hear anything and started to ignore my existence.

26. Q. What did you do to the supposed money you are offering to pay as the remaining balance
amounting to P5,255,000.00?

A. I open a new account and deposited the money.

27. Q. Do you have a proof, if any?

A. Yes. This is the bank account I opened with the amount of P5,255,000.00

28. Q. What is your reason by opening such bank account?

A. Im thinking of this scenario that when it reaches the court I have proof that I have money
to pay, it just so happen that Mr. Kho refuses repeatedly.

IN WITNESS WHEREOF, I have hereunto set my hand this 13 th day of May 2014 at the City
of Manila.

MAY KAGANDAHAN

Affiant

SUBSCRIBED AND SWORN to before me in the City of Manila this 13th day of May
2014 by May Kagandahan, personally known to me, who is the same person who personally
signed before me the foregoing affidavit and acknowledged the he executed the same.

Atty. Bilbo Baggins

Notary Public

Commission Serial No. 89898989

Until December 31, 2014

PTR No. 89898

Roll of Attorney No. 55555

IBP OR No. 12121, City of Manila, January 1, 2014

 MCLE Compliance Certificate No. 10000

Doc. No. ____________

Page No. ___________

Book No. ____________

Series of 2014

I, Mary Meilani R. Suyat, of legal age, Filipino, with office address at 57B Unit 3B, Cuatro
de Julio St., Brgy. Sto. Nino, Quezon City, after being duly sworn to in accordance with law,
hereby depose and say:

1. I was the one who conducted the examination of the plaintiff, May Kagandahan, at
my aforementioned office;

2. I have faithfully recorded or caused to be recorded the questions I asked and the
corresponding answer that the plaintiff gave;

3. Neither I nor any other person then present or assisting him coached the plaintiff
regarding his answers.

IN WITNESS WHEREOF, I have hereunto set my hand this 13 th day of May 2014 at the City
of Manila.

Atty. Mary Meilani R. Suyat

Affiant
 SUBSCRIBED AND SWORN to before me in the City of Manila this 13th day of May
2014 by Mary Meilani R. Suyat, personally known to me, who is the same person who
personally signed before me the foregoing affidavit and acknowledged that she executed the
same.

Atty. Bilbo Baggins

Notary Public

Commission Serial No. 89898989

Until December 31, 2014

PTR No. 89898

Roll of Attorney No. 55555

IBP OR No. 12121, City of Manila, January 1, 2014

MCLE Compliance Certificate No. 10000

Doc. No. ____________

Page No. ___________

Book No. ____________

Series of 2014