Professional Documents
Culture Documents
Judicial Affidavit
Judicial Affidavit
RAFAEL M. MILITANTE
Defendant,
X -------------------------------- X
JUDICIAL AFFIDAVIT OF
LEVI S. LOMUNTAD
I, LEVI S. LOMUNTAD, 24 year old, single, Filipino, businessman residing at
27 Kanlaon St., Caloocan City, plaintiff in this case, state under oath the following:
PRELIMINARY STATEMENT
I am being examined by Atty. Steven Charles R. Ruiz in his office located at
306 Tomas Morato Ave, Quezon City. My judicial affidavit is being taken at the
same address, and in the presence of Ma. Lourdes M. Santos, the office secretary
and Paolo B. Anchustegui, my companion. I am answering his questions
voluntarily, to the best of my knowledge and fully conscious that I do so under
oath and may face criminal liability for false testimony and perjury.
This Judicial Affidavit is being offered to prove the following:
1. That defendant Rafael M. Militante is indebted to the herein plaintiff in the
amount of EIGHT HUNDRED NINETY SIX THOUSAND PESOS (Php
896,000.00) and that his debt had become due;
2. That said defendant Rafael M. Militante unlawfully refused to pay despite
repeated verbal and written demands; and
3. All other related matters, facts, and circumstances relevant and material to
this case.
I. Q: Mr. Witness, please state your name and other personal circumstances for
the record.
Steven Charles R. Ruiz
EVIDENCE- 3G 2015-2016
DEAN WILLARD RIANO
Page 2 of 6
EVIDENCE- 3G 2015-2016
DEAN WILLARD RIANO
Page 3 of 6
A: This is the same promissory note that was executed by Mr. Militante.
(Witness is referring to the promissory note marked as Exhibit A.)
XII. Q: What happened to your agreement, if any?
A: Mr. Militante failed to pay me on the agreed date of October 14, 2015.
XIII. Q: When he did not comply with your agreement, what did you do next, if any?
A: October 14, 2015 was a Wednesday, and we used to have corporate
meetings every Wednesday. So I talked to him after the meeting that same day,
demanding from him the payment of her debt.
XIV. Q: What did you talk about, if any?
A: He asked for an extension of the time to pay the debt. He promised that he
would instead pay the debt on October 26, 2015.
XV. Q: What happened next, if any?
A: On October 26, 2015, he failed to go to work that day. So I called him on
his cell phone. He could not, however, be reached, so I went to his house after
work hours to see him.
XVI. Q: What happened when you went to his house, if any?
A: I was let in by his house maid, Ms. Conchita. But to my dismay, she told me
that her amo Mr. Militante had given her an advance on her salary, and had
gone out of town since two weeks ago, and she had not been told where he
went and when he
would be back, only that she guard the house.
XVII. Q: What did you do upon learning of his leaving, if any?
A: I asked Ms. Conchita about the progress of the construction on the upper
floor of the house.
XVIII. Q: What did she say, if any?
A: She seemed perplexed, and said that there never was any construction going
on to extend the house.
XIX. Q: What did you do then, if any?
A: The next day, I went to my lawyers office and instructed him to prepare
a written demand letter to be sent to Mr. Militante.
XX. Q: Showing to you this demand letter, what relation has this document to the
demand letter you earlier mentioned?
A: This is the same demand letter prepared by my lawyer.
(Witness is referring to the demand letter marked as Exhibit B.)
Steven Charles R. Ruiz
EVIDENCE- 3G 2015-2016
DEAN WILLARD RIANO
Page 4 of 6
EVIDENCE- 3G 2015-2016
DEAN WILLARD RIANO
Page 5 of 6
A: I filed this case because I want Mr. Militante to pay his debt and to
compensate me for the damages I have suffered, and the legal costs he made
me incur.
IN WITNESS WHEREOF, I have hereunto set my hand this 5th day of January
2016 in Quezon City.
___________________
LEVI S. LOMUNTAD
AFFIANT
SUBSCRIBED AND SWORN TO BEFORE ME, a Notary Public in and for Quezon
City this 8th day of April 2016. Affiant personally came and appeared with his Drivers License
with License No. L08-12-021607 issued by the Land Transportation Office on July 11, 2015,
bearing his signature and photograph, 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. Marco P. Orosco
Notary Public for Quezon City
9 Jupiter St., Greenland Village, Quezon City
Appointment No. 123 Until December 31, 2016
IBP No. 123456; 09/10/15Quezon City
PTR No. 123456; 01/10/14Quezon City
Roll No. 1234 8/08/08
MCLE No. I 001234; 9/09/12
MCLE No. II 005678; 12/09/12
Serial No. of Commission L-12
ATTESTATION
I, Atty. Steven Charles R. Ruiz, of legal age, Filipino, with office address at 306
Tomas Morato Ave, Quezon City, after being duly sworn depose and say:
1. I was the one who conducted the examination of Levi S. Lomuntad for Civil Case No.
1147, at my aforementioned office in Quezon City;
2. I have faithfully recorded or caused to be recorded the questions I asked and the
corresponding answers that the witness gave;
EVIDENCE- 3G 2015-2016
DEAN WILLARD RIANO
Page 6 of 6
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 5th day of January 2016 in
Quezon City.
SUBSCRIBED AND SWORN TO BEFORE ME, a Notary Public in and for Quezon
City this 8th day of April 2016. Affiant personally came and appeared with his Passport with
Passport No. EC0930511 issued by the Department of Foreign Affairs on April 26, 2014, bearing
his signature and photograph, 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. Marco P. Orosco
Notary Public for Quezon City
9 Jupiter St., Greenland Village, Pasig City
Appointment No. 123 Until December 31, 2016
IBP No. 123456; 09/10/15Quezon City
Doc No. ______
Page No. _____
Book No. _____
Series of 2016
EVIDENCE- 3G 2015-2016
DEAN WILLARD RIANO