Republic of the Philippines

REGIONAL TRIAL COURT

National Capital Region
Branch 34
Makati City

KARRYL GASTON
Plaintiff,

CIV case no. 12345

- versus-

ANNE S. GUINTO,
Defendant.
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OFFER of TESTIMONY

The testimony of the witness is offered for the following purposes:

1. To testify as the Expert Witness in this case;

2. To prove the material allegations in the Petition; and
3. To testify on other matters relevant and incidental in this case.

JUDICIAL AFFIDAVIT OF DEFENDANT ANNE S. GUINTO

I, Anne S. Guinto, of legal age, single, residing at First Street,

Pristina North Subdivision, Cebu City, Philippines, as part of my testimony
in the above-captioned case, after having been duly sworn in accordance
with law, hereby depose and state that:

I am the Defendant of this case;

In relation to the above-entitled case, the counsel, Atty. Joseph

Gaviola, at his office located at 221 Baker St., Holmes Building, Cebu City,
asked me questions which I answered to the best of my ability, fully
conscious that I did so under oath and that I may face perjury and/or any
criminal liability for false testimony;

The questions asked by Atty. Gaviola and the answers I gave are as
follows:

DIRECT EXAMINATION QUESTIONS:

Question (Q): Please state your personal circumstances.

Answer (A): I am Anne S. Guinto, of legal age, Filipino, single and a
housewife.

Q2: Why are you here in my office at my office, 221 Baker St., Holmes
Building, Cebu City?
A2: To give a sworn statement by way of a judicial affidavit, the same to
constitute as my direct testimony, in the above-captioned case.

Q3: Do you personally know the plaintiff of this case, Karryl Gaston?
A3: Yes, Attorney.

Q4: How are you related to her?

A4: She was one of the consignors at my general merchandise. She
consigned school supplies.

Q5: Do you have a proof of such consignor-consignee relationship?

A5: Yes. I have with me here a Contract of Consignment signed by me
and Karryl Gaston. (This contract thereto shall be referred to as “Annex
1”.)

Q6: What occurred on November 12, 2017?

A6: A huge fire broke out and everything in my store was practically
destroyed.
Q7: What time did the fire occur?
A7: The fire started at about 11:30 PM and was put out by 5:00 AM.

Q8: Do you have a proof of such fire?

A8: Yes. I have with me a Certification from the Bureau of Fire. (This
certificate thereto shall be referred to as “Annex 2”.

Q9: Did the fire consume Karryl Gaston’s consigned items as well?
A9: Yes.

Q10: Do you have proof of such destruction?

A10: Yes. I have photographed the area where Karryl’s consigned items
were placed. (These photographs shall be referred as “Annex 3-A,
Annex 3-B, Annex 3-C, respectively).

Q11: What was the cause of the fire?

A12: According to the fire department, the fire started when an
unplugged cellphone charger in in my neighbor’s house overheated.

Q13: How far was your store from the starting point of the fire?
A13: The house where the fire started was the building next to my store.

Q14: Is your store compliant with the fire and safety hazard standards as
stipulated by law?
A14: Yes.

Q15: Do you have a proof?

A15: Yes. I just renewed the permit with the Fire Department a month
before the fire. I have the certificate with me. (The certificate shall be
referred to as “Annex 4”.)

Q16: Where were you when the fire broke out?

A16: I was at my house.

Q17: How far was it from your store?

A17: About 10 kilometers.

Q18: Was somebody stationed at the store when the fire broke out?
A18: Yes. There is a security guard.

Q19: Do you have proof?

A19: Yes. He managed to save the biometric scanner and his Daily Time
Record. (The DTR shall be referred to as “Annex 5”.)

Q20: When did you know that there was a fire?

A20: At about 11:45 pm.

Q21: Who told you?

A21: Kuya Santiago, the stationed security guard. He called me right
away when the fire is still starting at the neighboring houses.

Q22: Did you do anything to protect your store from destruction?

A22: Yes. I told Kuya Santiago to fetch some water and help douse the
fire. Also, I called for the Cebu City Fire Department.

Q23: I have no further questions. Do you have anything to add or retract,

Mrs. Guinto?
A24: No, Attorney.

Q26: Are you willing to sign this statement?

A26: Yes, Attorney.
…………………………………………………….
Affiant further sayeth naught.

IN WITNESS WHEREOF, I have hereunto set my hand this 24th day

of March 2018, Cebu City, Philippines.

ANNE S. GUINTO
Affiant

SUBSCRIBED AND SWORN before me, this 24th day of March

2018, in Quezon City, Anne S. Guinto, whose signature above appears
presented to me her PRC License with License No. PRC-00-064521
issued on January 13, 2017 at the City of Manila.

JOSEPH GAVIOLA
Counsel for Petitioner

SWORN ATTESTATION

I faithfully recorded or caused to be recorded the questions asked

and answers given above, and neither did I nor any other person then
present or assisting me coached the witness regarding his answers.

JOSEPH GAVIOLA
Counsel for Petitioner

SUBSCRIBED AND SWORN before me, this 24th day of March

2018, in Cebu City, JOSEPH GAVIOLA, the person whose signature
above appears presented to me her IBP ID with Roll of Attorneys No.
75021 issued on May 21, 2016 at the City of Manila.
Doc No. 1; AIMELE ROSE MIANO
Page No. 2; Notary Public
Book No. 2; Appointment No. 5030730
Series of 2018. Until 31 December 2018
Roll No. 755221
IBP No. 654654/ 12-31-2018
PTR No. 22224876/ 12-01-2018
MCLE Compliance No. 11342; 8/21/18
Commission Serial No.: A-521