Republic of the Philippines

MUNICIPAL TRIAL COURT

Region VI
Branch 03, Iloilo City

Defendant.

Nicomaine Dei Mendoza

Plaintiff,

-versusCIVIL CASE NO. 123456

Julie Anne San Jose

For:

Collection
Money

of

Sum

of

X - - - - - - - - - - - - - - - - - - - - - - - - - - -X

JUDICIAL AFFIDAVIT
OF MRS. NICOMAINE DEI MENDOZA

I, NICOMAINE DEI MENDOZA, 35 years old, married, residing at

Barangay V, General Luna St., Iloilo City, after having been sworn to in
accordance with the law do hereby depose and state:

That counsel, Atty. Ma. Rhenee Ann Peniano is the counsel who
conducted and supervised my examination as a witness at her office at Montinola
St., Aurora Subd., Iloilo City;

That I am answering the questions herein fully conscious that I do so

under oath and that I may be criminally liable for false testimony or perjury;
The following are the Questions propounded by counsel, Atty. Ma. Rhenee
Ann Peniano and my answers in English language:

Q1:

Do you swear to tell the truth and nothing but the truth?

A1:

Yes Maam.

Q2:

Are you the same Nicomaine Dei Mendoza, the private complainant in

this case for collection sum of money now pending before the Municipal Trial
Court, Region VI, Branch 03, Iloilo City?
A2:

Yes Maam

Q3:

Do you personally know the defendant in this case?

A3:

Yes Maam.

Q4:

Can you tell us why you personally know Mrs. San Jose?

A4:

She is my partner in our business. We are acquaintances since I was in

college.

Q5:

What is your line of business?

A5:

We are engaged in selling and dealing of hardware.

Q6:

Where is your principal address of business?

A6:

Bolilao, Mandurriao, Iloilo City

Q7:

Do you have a written contract of your partnership?

A7:

Yes.

Q8:

Did you agree to contribute certain properties to the partnership as

capital?
A8:

Yes.

Q9:

What properties?

A9:

We agreed to contribute money.

Q10: How much?

A10: Initially we agreed to contribute P 500,000.00 each

Q11: Did both of you fulfilled the agreement?

A11: Yes.

Q12: Did you have any subsequent agreement as to additional contributions?

A12: Yes.

Q13: Why did you decide to add contributions?

A13: Since business was well-profitable, we agreed to construct a 2nd floor to
our building.

Q14: How much was your agreement?

A14: We agreed to contribute an additional of P350,000.00

Q15:

Did both of you fulfilled the agreement?

A15: No

Q16: What happened to the additional contribution?

A16: I was ready with the money but Julie Anne said she could not produce the
said contribution so she asked me if she could borrow P350,000.00 as her
contribution.

Q17: Did you have any written agreement of the loan?

A17: None.

Q18: What was your assurance of the repayment then?

A18: She said she will repay me as soon as she will have money. Since Ive
known her for so long, I trusted her words.

Q19:

Did you demand the money from the defendant thereafter?

A19: Yes.

Q20: I am showing to you this document, referred to as Annex A. Do you know

this document?
A20: Yes.

Q21: What is this document?

A21: That is the promissory note Julie Anne executed in favor of me.

Q22: After the issuance of promissory note, did the defendant made payment?
A22: Yes.

Q23: When?

A23: March 3, 3014

Q24: How much?

A24: P50,000.00

Q25:

I am showing to you this document, referred to as Annex B. Do you know

this document?
A25: Yes.

Q26: What is this document?

A26: That is the Acknowledgement Receipt signed by me.

Q27: Was this the amount that you agreed in the promissory note?
A27: No. The agreement was in three equal installments.

Q28: After which, did the defendant made any payment?

A28: None.

Q29: Did you make a demand to Mrs. San Jose thereafter?

A29: Yes.
Q30: I am showing to you this document, referred to as Annex C and C1. Do
you know this document?
A30: Yes.

Q31: What is this document?

A31: That is the demand letters I wrote to the defendant.

Q32: Did defendant communicated to you about the loan?

A32: No.

Q33: What did you do after you wrote the demand letters?
Q33: I filed a complaint in our barangay.

Q34: I am showing to you this document, referred to as Annex D. Do you know

this document?
A34: Yes.

Q35: What is this document?

A35: That is the blotter report I filed.

Q36: Did you reach amicable settlement?

Q36: No because she did not appear before our lupon.

Q37: Did you make any demand letter thereafter?

Q37: Yes.

Q38: I am showing to you this document, referred to as Annex E. Do you know

this document?
A38: Yes.

Q39: What is this document?

A39: That is the final demand letter I wrote to Julie Anne.
Q40: What did you feel after these events?
Q40: I feel betrayed by someone whom I trusted all my life. I had gone through
a lot because of this. My business was greatly affected because I was not able to
compensate the losses from the profit since the defendant neglected her duties as
a partner.

No further questions.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 17 th
day of December 2015 at Iloilo City, Philippines.

NICOMAINE DEI MENDOZA

Private Complainant

SUBSCRIBED AND SWORN to before me this 17th day of December 2015

at Iloilo City, Philippines.

NOTARY PUBLIC
Doc. No._____
Page No. ____
Book No. _____
Series of _____

ATTESTATION OF LEGAL COUNSEL

I, MA. RHENEE ANN G. PENIANO, private counsel, after having been

sworn to in accordance with the law do hereby depose and say:

1. That I have faithfully recorded or caused to be recorded the questions I

asked and the corresponding answers that witness, Nicomaine De
Mendoza, gave;
2. That I have not, nor any other person present or assisting coached the
witness regarding the witness answers; and
3. That I fully understand that any false attestation shall subject me to
disciplinary action, including disbarment.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 17 th

day of December 2015 at Iloilo City, Philippines.
MA. RHENEE ANN G. PENIANO
Counsel for the Plaintiff

SUBSCRIBED AND SWORN to before me this 17th day of December 2015

at Iloilo City, Philippines.

Atty. MA. RHENEE ANN G. PENIANO

Counsel for the Plaintiff
Montinola St. Aurora Subd., Iloilo City
Roll No. 39393 IBP No. 9911 dated 9-9-11
MCLE Compliance No. 11-00043527