Professional Documents
Culture Documents
JUDICIAL AFFIDAVIT
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2. To prove the amount involved and the damage caused to the plaintiff
by the defendant as a result of the latter’s fraudulent conduct;
1. Q: Can you tell us please your name, age, address and present
occupation?
A: My name is Jeffrey L. Medina, of legal age, Filipino citizen, single
and with office address at 232-B, Regina Building, Escolta, Manila. I
am a customs broker and own JLM Customs Brokerage;
2. Q: Are you aware and fully conscious that you are testifying under oath
and that you may face criminal liability for false testimony or perjury
in the event that it is established that your testimonies are in fact lies
and falsehood?
A: Yes sir, I am aware and fully conscious that my answers to your
questions are under oath and that I can be prosecuted criminally for
false testimony or perjury for any falsehood that I will offer in answer
to your questions.
10. Q: I am showing to you two (2) documents from the Bureau of Customs,
are these the same documents you are referring to?
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A: Yes sir.
11. Q: Why did SITC Container Line release the container vans immediately
to you or to your client’s representatives?
A: SITC Container Lines withheld the release of the container vans
pending payment of demurrage and storage fees amounting to Ten
Million Pesos (P10,000,000.00) in total for those cargoes;
12. Q: Why did you or your client not pay the amount you mentioned right
away to secure the release of the container vans?
A. We found the aforesaid fees and charges too high and wanted to
negotiate with SITC Container Lines for a lower amount;
19. Q: What is your proof that you indeed gave money to defendant?
A: We have him sign an Acknowledgment Receipt in our presence
simultaneous with us giving him the money.
24. Q: And then what happened after your meeting with the defendant on
May 8, 2015?
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A: The next day, May 9, 2015, we again met at our office in Regina
Building, Escolta, Manila. The same people were present during the
meeting - my father, Ms. Mesia, respondent and myself. As promised,
we completed the payment to him by handing over to him One
Hundred Eleven Thousand Pesos (P111,000.00) in cash and One
Million Pesos (P1,000,000.00) in the form of check (Eastwest Bank
0637328).
25. Q: Do you have proof to show that you indeed give those money and
check to defendant?
A: Yes sir.
31. Q: You also mentioned about you giving a check to defendant and having
it photocopied beforehand, as well as a photocopy of his identification
card, if that check and photocopy of identification card would be
shown to you, would you be able to identify the same?
A: Yes sir.
34. Q: Do you have further proof to substantiate what you have just stated?
A: As proof of the foregoing facts, I am presenting three (3) other
examples of Acknowledgment Receipts reflecting payments that we
made and yet the payee’s name is placed after the caption “Payor,”
similar to what happened with our transaction with respondent. As
may be noted at the bottom portion thereof with a caption “Paid By”
there are identical signatures appearing thereon indicating who paid
the money. Those signatures belong to our Administrative Manager
Ms. Remelyn P. Mesia. I know her signature because I have asked her
to sign many documents in my presence in many instances in the
course of her employment with us;
Thus, while we were the one who paid or give out the money in those
instances mentioned earlier, the “Payor” as appearing on those
Acknowledgment Receipts were actually the payees in those
transactions. The same thing happened in the Acknowledgment
Receipts (Exhibits “A-2” to “A-5”) that we asked the respondent to
sign;
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Moreover, whenever we received money from clients or from
anybody for that matter, we also use the same Acknowledgment
Receipt form. To prove the same, I am presenting two (2) more
examples of our copy of the Acknowledgement Receipts that we used
to acknowledge our receipts of money. As may be noted on those
documents, the payor signed under the caption “Paid By” and our
Administrative Manager Ms. Remelyn P. Mesia signed under the
caption “Signature.” In those instances, we were the ones who
received the money, unlike in this transaction with respondent.
35. Q: After receiving the monies from you, what did defendant do?
A: After the defendant received the two (2) tranches of money on May 8
and 9, 2015, he suddenly disappeared. We went both to his house and
office several times but we failed to see him. We then went to SITC
Container Lines to find out if he had settled the storage costs and
charges with said entity but we found out that he did not do so and the
ten (10) containers that we were trying to release were still with SITC
Container Lines yard. We also discovered that he falsely represented
to us having power and influence over the concerned officials of SITC
Container Lines as he was not even known to those officers that we
talked to. After our meeting with these officers, we were able to
ascertain that he was not in a position to influence the officers into
reducing the storage costs and demurrage as he has not had any
working relationship with them before. He was not even known to
them;
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A: I suffered mental anguish, serious anxiety, wounded feelings and
moral shock because of what defendant did. I lost my credibility to
my client, Plasticbags, Inc.; my name was completely tarnished
resulting in me failing to secure any further business with the latter;
my reputation was totally damaged in the industry. For quite
sometime, I could not sleep, I could not eat, and rarely went out of the
house because of the depressing development in my business. I was
only starting and very new to customs brokerage, and I did not
anticipate such failure early on;
38. Q: If you are going to quantify, how much would you ask this court to
award to you?
A: I pray that defendant be ordered to pay me the amount of Two Million
Six Hundred Eleven Thousand Pesos (P2,611,000.00) plus interest at
the legal rate as and by way of actual damages.
JEFFREY L. MEDINA
Affiant
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1. I personally conducted the examination of Jeffrey L. Medina on June
11, 2018 at my office in Makati City;
2. In this regard, I faithfully recorded the questions that I asked and the
corresponding answers that she gave to those questions;
3. Neither I nor any other person coached the witness with regard to the
answers that Jeffrey L. Medina gave to my questions.
KENNETH C. RADAZA