JUDICIAL AFFIDAVITFERNANDO KUMANDOCIVIL CASE NO. CV-14-9999x-----------------------------------xRepublic of the PhilippinesMETROPOLITAN TRIAL COURTNational Capital Judicial RegionCity of ManilaBranch __

ALVIN MANDO,Petitioner, - versus - CRIMINAL CASE NO. CV-10-2907FOR: Theft

GARDO SALVADOR,Respondent. x- - - - -- - - - - - - - - - - - - - - - - - - xJUDICIAL AFFIDAVIT(Pursuant to SC A.M. No. 12-8-8-SC)I, ALVIN MANDO, of legal age, single, , Filipino, and with residence address at 546 Manolo St., Malate Manila after having been duly sworn to in accordance with law in answer to the questions asked of me by Atty. Celestine Marcial in her office at 18 Mindanao Ave., Quezon City, on July 30, 2014 at 10:00 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 MANDO, the petitioner in Criminal Case No. 10-2907 before the Metropolitan Trial Court of Manila for Theft against Gardo Salvador?

A. I am the same maam. Q: Do you know defendant AB Corporation?A. Yes maam, AB Corporation is the lessee occupying subject property we own described under TCT No. 123456789 of the Registry of deeds of Quezon City. A Certified true copy of TCT No. 123456789 of the Registry of Deeds of Quezon City under our name which is as our Exhibit -A.

Q-4: Do you know defendant Pedro Veloso?A. Yes maam, Pedro Veloso subleased the same property being leased by AB Corporation with our consent.

Q-5: Could you tell the court how did the defendant AB Corporation was able to occupy your subject property in this case?A. The defendant in this case have possessed my property after having been executed a Contract of Lease for a period of three (3) years which is as our Exhibit -B.

Q-6: Could you tell the court how did the defendant Pedro Veloso was able to occupy your subject property in this case in litigation?A. Defendant Veloso in this case have possessed my property as a sub-lessee.

Q-7: In relation to the defendants failure to voluntarily vacate the occupied property upon expiration of the agreed lease period, what did you do, if any?A. I have posted a Demand to Vacate on June 15, 2014, in conspicuous places within the leased premises so that defendants and all occupants therein will be given notice to vacate said premises.

Q-8: What is your proof that you posted a notice to vacate on June 15, 2014 upon the defendants?A. I have here a copy of the Notice to vacate dated June 15, 2014. It is our Exhibit C.

Q-9: What was the reaction of the defendant in this case with the demand notice you have posted?A: None, sir. They simply ignored and refused to peacefully vacate and surrender possession of my property and continued their possession and refusal to vacate my property.

Q-10: After the refusal of the defendants in this case to vacate subject property of yours despite demand, what step did you take, if any?A: We filed this action against the defendant in this case for Unlawful Detainer with damages before the Metropolitan Trial Court Manila.

Q-11: 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 for the use and occupation of my property starting from July 2014 and for all the succeeding months thereafter, until the possession of the subject property is turned over to us.

Q-12: When the defendants in this case refused to vacate your titled lots which they are occupying, what did you feel, if any?A. With the unjustified acts of the defendants in refusing to vacate the subject property despite repeated demands upon them, we suffered with mental anguish, serious anxieties, wounded feelings, sleepless nights and besmirched reputation.

Q-13: For practical reasons, how much do you ask the court as reasonable compensation of your moral damages?

A. Three hundred thousand pesos (P300,000.00). Q-14: In your Complaint you are claiming for exemplary damages, could you please tell this court the basis of your prayed exemplary damages?A. The attitude of the defendants in this case in not honoring the contract we have agreed upon, and they even failed to vacate the premises upon notice make them to be liable for exemplary damages in order that others similarly situated will not do same which is detrimental to lot owners who are benevolent in helping people such as the defendants in this case who has certain lot to live in.

Q-15: For practical reasons, how much do you ask the court as reasonable compensation of your exemplary damages?A. Two Hundred Fifty thousand pesos (P250, 000.00).

Q-16: In the prosecution of your case against the defendants, what is your arrangement with your lawyer with his attorneys fees and other charges?A. I agreed to pay my lawyer attorneys fees fifty thousand (Php 50,000.00) pesos for acceptance fee, Three Thousand Five Hundred (P3,500.00) Pesos appearance fee per court attendance of counsel, plus the equivalent of Twenty Five (25%) Percent of their entire claim in this action as attorneys fees.

Q-17 : Finally, do you know why you are executing foregoing sworn statement in this case?A. Yes, maam. 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 with damages against the defendants in the above entitled case, and this Judicial Affidavit be marked as our Exhibit E.

IN WITNESS WHEREOF, I hereby affix my signature this 30th day of July 2014, in the Quezon City.

FERNANDO KUMANDOAffiant

ATTESTATIONI hereby attest that on this 30th day of July 2014, I have personally examined the plaintiff FERNANDO KUMANDO; and that I have faithfully recorded or caused to be recorded the questions asked and the corresponding answers thereto made by him. I further attest that I nor any other person herein present, or assisting me, never coached FERNANDO KUMANDO regarding his answers.

Quezon City for the City of Manila. July 30, 2014.

JULIE LOPEZLawyer- affiant Counsel for Plaintiffs18 Mindanao Ave., Quezon CityContact No. 716-50-59/0932-9131309ROLL No. 88888888 P.T.R. NO. A-49913673-1/1-6-2014 Q.C

SUBSCRIBED AND SWORN to before me this __ day of July 2014 in Quezon City. Affiants exhibited to me their identification cards bearing their photograph and signature, as follows:

Name:Issued by/ID No.:FERNANDO KUMANDOOSCA No 1909JULIE LOPEZIBP No. 88888888known to me to be the same persons who executed the foregoing document.

WITNESS MY HAND AND SEAL on the date and at the place first above-written.

Doc. No. _____;Notary PublicPage No. _____;Book No._____;SERIES of 2014.

Copy Furnished:

ATTY. LILY A. CUYUGANPersonal ServiceCounsel for Defendant AB CorporationCUYUGAN AND ASSOCIATES LAW OFFICE256 Matalino St., Diliman, Quezon City Contact No.0925-632-27-77

ATTY. PAMELA LACEPersonal ServiceCounsel for Defendant VelosoLace&Associates Law Offices Contact No. 0905-8238197

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