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Republic of The Philippines Municipal Trial Court) Second Judicial Region Tuguegarao City, Cagayan

Eugenia Mabini loaned 350,000 pesos to William Victor and Ma. Concepcion Uy in December 2014 with a 5% monthly interest rate. They failed to repay the loan or interest after 4 months. Mabini sent demand letters and notified them personally with no response. She is bringing this case after waiting 2 years for repayment without result.

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0% found this document useful (0 votes)
132 views

Republic of The Philippines Municipal Trial Court) Second Judicial Region Tuguegarao City, Cagayan

Eugenia Mabini loaned 350,000 pesos to William Victor and Ma. Concepcion Uy in December 2014 with a 5% monthly interest rate. They failed to repay the loan or interest after 4 months. Mabini sent demand letters and notified them personally with no response. She is bringing this case after waiting 2 years for repayment without result.

Uploaded by

James William
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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1

Republic of the Philippines


MUNICIPAL TRIAL COURT]
Second Judicial Region
Tuguegarao City, Cagayan

EUGENIA R. MABINI vs.


WILLIAM VICTOR,
MA. CONCEPCION UY
JUDICIAL AFFIDAVIT
The person examining me is Atty. JAMES WILLIAM MARIANO with
address at Pacific Bldg., DiMahanap St., Tuguegarao City. The examination
is being held at the same address. I am answering her questions fully
conscious that I do so under oath and may face criminal liability for false
testimony and perjury.
1. Q.
Please state your name and other personal circumstances for the
record.
A.
I am Eugenia R. Mabini, of legal age, Filipino, married and a resident
of Caritan, Tuguegarao City, Cagayan.
2. Q. Are you the same Eugenia R. Mabini, the petitioner in this case?
A. Yes maam.
3. Q. Do you know a certain William Victor?
A.
Yes sir.
4. Q. When did you get to know William Victor?
A.
Sometime in December, 2014.
5. Q. Do you also know a certain Ma. Concepcion Uy?
A.
Yes sir.
6. Q. When did you get to know Ma. Concepcion Uy ?
A. Sometime in December, 2014.
7. Q. What is the relationship between William Victor and Ma. Concepcion
Uy?
A. They are acquaintances.
8. Q. What transaction, if any, did you have with William Victor and Ma.
Concepcion Uy?
A. They barrowed three hundred fifty thousand pesos from me by
promising to pay it with Five Percent (5%) interest per month which will
stop only when they return the whole amount.

9. Q. Did they give you, if any, property as security for the debt?
A. No sir, but they executed a promissory note.
I am marking the Promissory Note as Exhibit A and the bracketed
portion indicating her name as Exhibit A-1
10. Q. Did they complied with the agreement?
A. The first four months they were paying the agreed interest but after
that they never paid any amount anymore sir.
11. Q. Do you have, if any, proof of their payment?
A. Yes sir, they issued an Equitable PCI Bank Check payable to cash
dated December 24, 2010, but when it was presented to the bank it was
dishonored because they said it is a close account.
I am marking the Notice of Dishonor as Exhibit A and the bracketed
portion indicating her name as Exhibit A-2

12. Q. Did you notify them about the said close account?
A. Yes sir, I notified William Victor and Ma. Concepcion Uy through my
so-in-law about the matter for them to make good of the check but they
simply ignored me.
13. Q. Did you send, if any, demand letter to them?
A. Yes sir, I asked the assistance of a lawyer for them to send a demand
letter but they simply ignored the matter.
I am marking the copy of the Demand Letter as Exhibit A and the
bracketed portion indicating her name as Exhibit A-3

14. Q. Is there a possibility that they could have not received the demand
letter?
A. None sir, I even asked them personally but they just ignored me.
15. Q. How long did you wait for the payment of the debt?
A. I waited for 2 years, hoping they will pay me but I received nothing from
them.

IN WITNESS WHEREOF, I have hereunto set my hand this 13th day of


December 2014 at Tuguegarao City, Cagayan.

EUGENIA R. MABINI
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in


and for Tuguegarao City/Cagayan this 13th day of December 2014. Affiant
personally came and appeared with SSS NO. 678910 issued on March 3,
1999 at Tuguegarao City, bearing his photograph and signature, known to
me as the same person who personally signed the foregoing instrument
before me and avowed under penalty of law to the whole truth of the
contents of said instrument.
ATTY. JAMES WILLIAM MARIANO
Notary Public for Tuguegarao City/Cagayan
2/F Pacific Bldg., DiMahanap St., Tuguegarao City
Commission Serial No. 20202
Until December 31, 2014
Attorneys Roll No. 10101
IBP No. 12345-01/03/10 Tuguegarao City
PTR No. 98765-01/03/10 Tuguegarao City
MCLE Compliance No. I-0008776 Oct. 21, 2009
Doc. No.
721
Page no.
76
Book no.
12
Series of 2014

ATTESTATION

I, James William Mariano, of legal age, Filipino, with postal address


2/F Pacific Bldg., Dimahanap St., Tuguegarao City after being duly sworn
depose and say:
1. I was the one who conducted the examination of witness Nathaniel Eugenia
R. Mabini at my aforementioned office in Tuguegarao City;
2. I have faithfully recorded or caused to be recorded the questions I asked and
the corresponding answer that the witness gave;
3. I nor any other person then present or assisting him coached the witness
regarding his answers;
IN WITNESS WHEREOF, I have hereunto set my hand this 13th
day of December 2014 at Tuguegarao City.

ATTY. JAMES WILLIAM


MARIANO
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in


and for Tuguegarao City/Cagayan this 13th day of December 2014. Affiant
personally came and appeared with SSS NO. 678910 issued on March 3,
1999 at Tuguegarao City, bearing his photograph and signature, known to
me as the same person who personally signed the foregoing instrument
before me and avowed under penalty of law to the whole truth of the
contents of said instrument.

ATTY. JAMES WILLIAM MARIANO


Notary Public for Tuguegarao City/Cagayan
2/F Pacific Bldg., DiMahanap St., Tuguegarao City
Commission Serial No. 20202
Until December 31, 2014
Attorneys Roll No. 10101
IBP No. 12345-01/03/10 Tuguegarao City
PTR No. 98765-01/03/10 Tuguegarao City
MCLE Compliance No. I-0008776 Oct. 21, 2009
Doc. No. 743
Page no. 80
Book no. 11
Series of 2014

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