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Republic of the Philippines REGIONAL TRIAL COURT Fourth Judicial Region Branch 37 Puerto Princesa City
PERMANENT SA SAVINGS and LO LOAN BANK Plaintiff, - versus -
CIVIL CASE NO NO. 140608,
For: “COLLECTION OF SUM OF MONEY”
MARIANO VELARDE, Defendant. x----------------------------------------------x
JUDICIAL AFFIDAVIT OF WITNESS CARLOS JASON A. ABALLA
I, CARLOS JASON A. ABALLA, ABALLA, of legal age, married, and living at Puerto Princesa Ci witness for the plaintiff in this case, state under oath as follows: PRELIMINARY STATEMENT
The person examining me is Atty. FRANCIS RAINIER B. UMALI with office addres Peneyra Road, San Pedro, Puerto Princesa City, Palawan. The examination is being he the same address. I am answering his questions fully conscious that I do so under oath may face criminal liability for false testimony and perjury.
PURPOSE: This Judicial Affidavit of the witness CARLOS JASON ABALLA is b offered as evidence for the Plaintiff to prove the following: 1. That the respo responde ndent nt has execute executed d a promissory promissory note eviden evidencing cing a loan of Million Pesos from the plaintiff;
2. That That he had receive received d the the said said amount amount accordi according ng to the bank’ bank’s s Loan Loan Rele Sheet. Sign up to vote on this title
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3. That the respondent respondent failed to pay the loaned loaned amount amount even after a demand demand by bank has been made.
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A:
Yes sir.
Q:
What is your occupation, Mr. Aballa?
A.
I am currently the Assistant Department Manager of the Philippine De Insurance Corporation.
4. Q: A: 5. Q: A: 6. Q: A:
7. Q:
A:
8. Q: A:
9. Q: A:
10. Q: A:
How were you connected to the Permanent Savings and Loan Bank? I was assigned as the bank’s Deputy Liquidator. When did you serve as the bank’s Deputy Liquidator? I served from 2010 to present. What were your duties as the bank’s Deputy Liquidator? I was tasked to determine the assets of the bank and collect the rem obligations owed to it.
What obligations have you encountered during your tenure that migh pertinent to this case? One of the obligations that I encountered was Mariano Velarde’s loan fro Reading a Preview bank amounting toYou're one million pesos. Unlock full access with a free trial.
What proof of Mr. Velarde’s loan did you find?
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A promissory note and a loan release sheet that contains Mr. Velarde’s and signature. When was the promissory note dated? It was dated September 28, 2008, sir.
What were the contents of the note?
It stated in summary that Mr. Velarde borrowed One Pesos Sign up to vote on thisMillion title 1,000,000.00) from the Permanent Savings and Loan usefuland promise Useful NotBank pay the amount on or before October 13, 2008.
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14. Q:.
A: 15. Q.
A: 16. Q:
A:
17. Q: A:
18. Q: A: 18.
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19. Q:
A: 20. Q:
A:
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(Showing the promissory note to the witness)What is this documen witness? This is the same promissory note I mentioned earlier. I am marking this Promissory Note as Exhibit “A” and I am attaching Exhibit “A” to your Judicial affidavit, do you confirm my action? Yes sir. I am marking the signature on this promissory note above the name “Mariano Velarde” as Exhibit “A-1”, do you confirm my action? Yes Sir .
You mentioned a loan release sheet, what does it show?
It shows that Mr. Velarde received the amount of one million pesos as loan from the bank. When was the loan release sheet dated? It was dated September 28, 2008.
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What does that date mean?
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It means that Mr. Velarde received the amount of the loan on the same d Download With Free Trial executed the promissory note. How you were able to identify that Mr. Velarde himself received the amount?
He signed on the Loan Release Sheet with his printed name and signature What was the appearance of the signature in the Loan Release Sh compared to the signature in the promissory note? It is exactly the same signature sir.
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21. Q:
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If I show you another document, will you be able to identify it?
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A:
24.
25.
26.
27.
28.
Q:
30.
31.
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What happened when the due date for the payment of the loan arrived? Nothing. Mr. Velarde did not pay the amount contrary to what he . What made you say that?
A:
There was nothing in the records of the bank that Mr. Velarde paid or offered to pay the loan.
Q:
When you took over the assets of the bank as Deputy Liquidator, what di do to collect Mr. Velarde’s loan?
A:
I sent him in behalf of the bank a demand letter for the payment of the loa
Q:
How was the letter sent?
A:
I sent the demand letter through the LBC.
Q;
When was the letter dated and sent?
A: 29.
Judicial Affidavit
Yes Sir.
Q:
A: promised.
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It was dated on July 27, 2011, and I sent it the same day sir.
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Q:
How did you confirm whether Mr. Velarde received the demand letter?
A:
I checked with the LBC and they showed me their receipt records which Download With Free Trial signed by Mr. Velarde himself.
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Q:
How did you know that it was Mr. Velarde who received the demand lett
A:
The signature in LBC’s receipt records was the same as the one th affixed in the Promissory Note and the Loan Release Sheet.
Q:
What date did Mr. Velarde receive the demand letter according to th records? Sign up to vote on this title
A: 32. Q:
It was received in July 29. 2011, sir.
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What happened from that date of receipt of the demand letter up to the p
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IN WITNESS WHEREOF, I have hereunto set my hand this 17 th day of October, 2 here in the City of Puerto Princesa. CARLOS A. ABALLA Affiant
SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for the Ci Puerto Princesa and the Province of Palawan this 17 th day of October 2013. personally came and appeared with PRC License ID No. 0020419 issued by the Professio Regulation Commission on March 18, 1995 and valid until May 1, 2014 at the City of Ma bearing his photograph and signature, known to me as the same person who person signed the foregoing instrument before me and avowed under penalty of law to the wh truth of the contents of said instrument.
ATTY. JOSEPH JOJO D. DAJAY Notary Public Puerto Princesa City, Palawan Roll No, _______________________ IBP Roll No. ___________________ PTR No. ______________________ MCLE Compliance Cert. No._______
Doc. No. __________ Page No. _________ Book No. _________ Series 2013
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ATTESTATION
I, FRANCIS RAINIER B.UMALI of legal age, Filipino, single, with office addres Peneyra Road, Puerto Princesa City, on oath depose and state that:
1. I was the lawyer who conducted the examination of the witness CARLOS JA ABALLA at my aforementioned office in Puerto Princesa City; Sign up to vote on this title
2. I have faithfully recorded or caused to be recorded Not useful I asked an Useful the questions corresponding answer that the witness gave;
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SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for the Ci Puerto Princesa and the Province of Palawan this 17 th day of October 2013. personally came and appeared with Professional Driver’s License No. D110020419 iss by the Land Transportation Office on March 28, 2009 and valid until July 17, 2014 at the of Puerto Princesa, bearing his photograph and signature, known to me as the same pe who personally signed the foregoing instrument before me and avowed under penalty of to the whole truth of the contents of said instrument.
ATTY. JOSEPH JOJO D. DAJAY Notary Public Puerto Princesa City, Palawan Roll No, _______________________ IBP Roll No. ___________________ PTR No. ______________________ MCLE Compliance Cert. No._______ Doc. No. __________ Page No. _________ Book No. _________ Series 2013
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Atty. Tiffany Justine Gallard o Valencia Street Puerto Princesa City
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