unlawful detainer judicial affidavit

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Republic of the Philippines METROPOLITAN TRIAL COURT National Capital Judicial Region City of Manila !anch """ ALVIN MARQUEZ Plaintiff# $ %e!sus $ CIVIL CASE NO. CV-10-0729 &OR : Unlawful Detainer ACM CORPORATION AND ROVEN TRIAS, 'efendants( )$ $ $ $ $$ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ ) JUDICIAL AFFIDAVIT *Pu!suant to +C A(M( No( ,-$.$.$+C/ I# AL0IN MAR1UE2# of legal age# single# &ilipino# and !esiding at 3,4 +to( +t(# Malate Manila afte! ha%ing been duly s6o!n to in acco!dance 6ith la6 in ans 7uestions as8ed of 5e by Atty( Celestine Ma!cial in he! office at 9: alinta6a8# 1ue;on City# on Ap!il 94# -4,: at ,,<44 A(M( fully conscious that I oath and that I 5ay face c!i5inal liability fo! false testi5ony o! pe!=u!y he!eb state< 1< >o6 a!e you !elated to AL0IN MAR1UE2# the plaintiff in Ci%il Case No( ,4$43-? befo!e the Met!opolitan T!ial Cou!t of Manila fo! Unla6ful 'etaine! against A C and Ro%en T!ias@ A< I a5 the sa5e( 1< 'o you 8no6 defendant A Co!po!ation@ A< es( ACM Co!po!ation is the lessee occupying the sub=ect p!ope!ty since Ap!il 6hich I o6n desc!ibed unde! TCT No( 3-?B,4 of the Regist!y of 'eeds of 1ue;on Ci ce!tified t!ue copy of the said TCT is E)hibit $ AD( 1< 'o you 8no6 defendant Ro%en T!ias @ A< es# defendant Ro%en T!ias subleased the sa5e p!ope!ty being leased by ACM Co!po!ation 6ith 5y consent( 1< >o6 did the defendant ACM Co!po!ation 6as able to occupy you! sub=ect p!ope!t A< ACM Co!po!ation leased 5y p!ope!ty fo! a pe!iod of - yea!s f!o5 Ap!il ,# -4,- 9,# -4,: 6hich is E)hibit ( 1< >o6 did the defendant Ro%en T!ias 6as able to occupy you! sub=ect p!ope!ty@ A< 'efendant T!ias ha%e possessed 5y p!ope!ty as a sub$lessee( 1< hat did you do afte! defendantsF failu!e to %olunta!ily %acate the occupied e)pi!ation of the ag!eed lease pe!iod@ A< I %isited and info!5ed both the defendants that they 5ust %acate 5y p!ope!ty 6ould use it fo! 5y business and both defendants p!o5ised that they 6ould lea%e p!e5ises on the e)pi!ation of the cont!act( &o! thei! failu!e to co5ply 6ith ha%e posted a 'e5and to 0acate on Ap!il ,G# -4,:# in conspicuous places 6ithin t p!e5ises as a notice to defendants to %acate said p!e5ises( 1< hat is you! p!oof that you posted a notice to %acate on Ap!il ,G# -4,: upon defendants@ A< I ha%e he!e a copy of the Notice to %acate 6hich is E)hibit CD(

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Republic of the PhilippinesMETROPOLITAN TRIAL COURTNational Capital Judicial RegionCity of ManilaBranch ___

ALVIN MARQUEZPlaintiff, - versus - CIVIL CASE NO. CV-10-0729FOR: Unlawful Detainer

ACM CORPORATION AND ROVEN TRIAS, Defendants. x- - - - -- - - - - - - - - - - - - - - - - - - xJUDICIAL AFFIDAVIT(Pursuant to SC A.M. No. 12-8-8-SC)I, ALVIN MARQUEZ, of legal age, single, Filipino, and residing at 710 Sto. Tomas 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 34 Balingasa St., Balintawak, Quezon City, on April 30, 2014 at 11:00 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 MARQUEZ, the plaintiff in Civil Case No. 10-0729 before the Metropolitan Trial Court of Manila for Unlawful Detainer against AB Corporation and Roven Trias?A: I am the same.

Q: Do you know defendant AB Corporation?A: Yes. ACM Corporation is the lessee occupying the subject property since April 1, 2012 which I own described under TCT No. 729610 of the Registry of Deeds of Quezon City. A certified true copy of the said TCT is Exhibit -A.

Q: Do you know defendant Roven Trias ?A: Yes, defendant Roven Trias subleased the same property being leased by ACM Corporation with my consent.

Q: How did the defendant ACM Corporation was able to occupy your subject property?A: ACM Corporation leased my property for a period of 2 years from April 1, 2012 to March 31, 2014 which is Exhibit B.

Q: How did the defendant Roven Trias was able to occupy your subject property?A: Defendant Trias have possessed my property as a sub-lessee.

Q: What did you do after defendants failure to voluntarily vacate the occupied property upon expiration of the agreed lease period?A: I visited and informed both the defendants that they must vacate my property because I would use it for my business and both defendants promised that they would leave the premises on the expiration of the contract. For their failure to comply with the promise, I have posted a Demand to Vacate on April 15, 2014, in conspicuous places within the leased premises as a notice to defendants to vacate said premises.

Q: What is your proof that you posted a notice to vacate on April 15, 2014 upon the defendants?A: I have here a copy of the Notice to vacate which is Exhibit C.

Q: What was the action of defendants after posting the notice to vacate?A: None. The defendants refused to vacate and surrender possession of my property.

Q: What step did you take after the refusal of the defendants to vacate the subject property despite demand?A: I filed this action against the defendant in this case for Unlawful Detainer before the MTC Manila.

Q: 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 which is 20,000 for the use and occupation of my property starting from April 1, 2014 until the possession of the subject property is turned over by the defendants.

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

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

ALVIN MARQUEZAffiant

ATTESTATIONI hereby attest that on this 30th day of April 2014, I have personally examined the plaintiff ALVIN MARQUEZ; 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 ALVIN MARQUEZ regarding his answers.

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

CELESTINE MARCIALLawyer- affiant Counsel for Plaintiffs34 Balingasa St., Balintawak, Quezon CityContact No. 3696891ROLL No. 03270228 P.T.R. NO. A-07100715-1/3-8-2014 Q.C

SUBSCRIBED AND SWORN to before me this 30th day of April 2014 in Quezon City. Affiant exhibited to me their identification cards bearing their photograph and signature, as follows:

Name:Issued by/ID No.:ALVIN MARQUEZSSS ID No 12-1845CELESTINE MARCIALIBP No. 1107015known 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. DANIEL GORINPersonal ServiceCounsel for Defendant ACM Corporation and Roven TriasGORIN AND ASSOCIATES LAW OFFICE38 MAlagasang II-A, Imus, CaviteContact No.09258772453

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