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Republic of the Philippines

First Judicial Region
REGIONAL TRIAL COURT
Cordillera Administrative Region
Branch 416-A
Baguio City

ATTY. JENNA C. MOLINA, Civil Case No.

Plaintiff, _________________
For: Collection of Sum of
-versus- Money Application for Writ
of Preliminary Attachment
NORMAN D. FERMIN,
Defendant.

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

JUDICIAL AFFIDAVIT of ATTY. JENNA C. MOLINA

I. PRELIMINARY INFORMATION

a. NAME AND OTHER PERSONAL CIRCUMSTANCES OF

THE WITNESS

Name: Jenna C. Molina

Age: 35
Address: #12 Victoria Village, Quezon Hill, Baguio City
Language: English and Filipino

b. LAWYER WHO CONDUCTED OR SUPERVISED THE

EXAMINATION OF THE WITNESS

Name: Atty. Roan Jill E. Haboc

Address: #582 Tenerece, San Vicente, Baguio
City
Place of HRD Law Firm
Examination: U533, Brgy. Lualhati, I. Villamor Drive,
Pacdal Circle, Gibraltar, Baguio City

II. OFFER
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The testimony of Jenna C. Molina is being offered to prove

that:

1. She extended a loan of Php 3.2 million to defendant;

2. Defendant failed to pay the sum on time and despite repeated
demands; and
3. Defendant is trying to defraud his creditors, including
plaintiff.

III. JUDICIAL AFFIDAVIT PROPER

I, JENNA C. MOLINA, 35 years old, married, Filipino, and

a resident of #12 Victoria Village, Quezon Hill, Baguio City,
employed as the Manager of Asia Link Finance Corporation,
after having been duly sworn to in accordance with law, hereby
depose and state:

PRELIMINARY STATEMENT

That in accordance with A.M. No. 12-8-8-SC, which

prescribes the use of judicial affidavits to serve as the direct
examination testimony of the witness, on the basis of which the
adverse party may conduct their cross-examination on such a
witness, I hereby execute this judicial affidavit in a question and
answer format;

That conformably with section 3 (b) of the said A.M. No.

12-8-8-SC, I also state that it was Atty. Roan Jill E. Haboc,
counsel of the complainant who conducted the examination of
the undersigned affiant;

That conformably also with section 3 (c) thereof, I hereby

state under the pain of perjury that in answering the questions
asked of me, as appearing herein below, I am fully conscious
that I did so under oath, and that I may face criminal liabilities
for false testimony or perjury;

AND UNDER OATH, AVERS THE FOLLOWING:

JENNA C. MOLINA EXTENDED A LOAN OF PHP 3.2

MILLION TO DEFENDANT

1. Q: Madame Witness, could you state your name and

other personal circumstances?
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A: My name is Jenna C. Molina. I am 35 years old, married,

Filipino, and a resident of #12 Victoria Village, Quezon
Hill, Baguio City.

2. Q: What is your current profession, if any?

A: I am a Lawyer, but I am currently employed as the
Manager of Asia Link Finance Corporation in its branch at
Bokawkan Road, Baguio City.

3. Q: How long have you been the Manager at Asia Link?

A: I have been the manager of that branch since they
brought me in for that same position back in April 2014.

4. Q: Do you know of a certain Norman D. Fermin?

A: Yes.

5. Q: How long have you known him?

A: He is, or was, my friend since our high-school days.

6. Q: Have you kept in touch with him all this time?

A: Actually, no. We haven’t seen each other for years until
we bumped into each other on or about September 2016.

7. Q: What happened during that encounter?

A: Nothing much, we just greeted each other and tried to
do a quick catch-up with one another.

8. Q: What specific details did you mention on that brief

catch-up, if any?
A: We asked each other about our current employment,
and I mentioned to him that I was working at Asia Link.
Then we exchanged contact numbers.

9. Q: When was the next time you saw him?

A: The next time I saw him was during his daughter
Cheerfulyn’s birthday party on November 16, 2016, to
which me and my family were invited.

10. Q: What did you talk about?

A: At first, we caught up with each other, this time
substantially, since it has been a while since we’ve seen
each other. Then he asked me about my work.

11. Q: What about your work?

A: He talked about how he heard Asia Link as being a big
financing company. He asked me what I do there, I told
him that I actually manage the branch. Then after beating
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around the bush, he asked if he could loan from the

company.

12. Q: What happened after that?

A: I told him that would be no problem. All he must do is
to go to Asia Link, fill out an application form and submit
the necessary documents.

13. Q: How did he respond to that?

A: He asked what kind of documents the company would
require to be submitted. I told him off the top of my head
that it includes his income tax return, credit standing, but
to be sure, I told him to just come to Asia Link so we can
discuss the specifics.

14. Q: Then what did he say?

A: He asked how long that process would usually take. I
told him it depends on the amount of the loan. So, I asked
him how much he was planning to loan from the company.

15. Q: How much was he trying to loan?

A: He told me he would need PHP 3.2 million. I told him
that for an amount that significant, it usually takes
around 2 to 4 months since the company would have to do
a background check first.

16. Q: How did he respond to that?

A: He said that 2 to 4 months is a long time since he would
be needing the money by January. Then he suggested if
we can do it under the table.

17. Q: What did you tell him?

A: I told him that that would be unethical on my part.
Then, he asked if I had the money and if he can just borrow
it from me instead.

18. Q: What did you tell him after that?

A: I told him we might have the money. But I told him I
must ask Jonel, my husband, first.

19. Q: What did Mr. Fermin have to say about that?

A: He asked if we can keep it between us for now since he
wanted to do his business in private until it is done.

20. Q: What did you tell him?

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A: I told him that I can’t just part with that kind of money
without knowing what it will be used for since I didn’t want
to be involved in anything illegal.

21. So, what did he say?

A: He budged and said that it was for his plans of
expanding his clinic but didn’t want other people knowing
in the meantime.

22. Q: And then what happened?

A: I acceded and told him that, at the very least, we have
to put it in writing. He agreed and I told him I’ll draft the
contract and that I’ll call him to review its provisions so we
can sign it. Then we proceeded with the party after that.

23. Q: When was the next time you saw him after that
party?
A: On New Year’s Day, 2017.

24. Q: What happened during that meeting?

A: That was when I invited him over to my office in our law
firm at Legarda Road to sign our loan agreement.

25. Q: Who witnessed this contract signing, if any?

A: My secretary, Jenny Thalia was there, as well as, Caesar
Mon, an intern of the firm.

26. Q: Was your agreement notarized?

A: Yes, ma’am.

27. Q: Who notarized said loan agreement?

A: One of the partners in our firm, Atty. Masarate.

28. Q: What was the term of the loan that you agreed
upon?
A: It was payable for a year. From January 1, 2017 until
January 1, 2018.

DEFENDANT FAILED TO PAY THE AMOUNT ON TIME AND

AFTER REPEATED DEMANDS

29. Q: When was the defendant scheduled to pay?

A: According to our terms, he was scheduled to pay in cash
or check after the end of the 12-month term of the loan
which lasted until January 1, 2018.
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30. Q: You said he was due to pay in cash or in check, how

did he pay you?
A: He issued a check in my name postdated to January 1,
2018.

31. Q: When did you encash the said check?

A: On January 3, 2018.

32. Q: What happened when you encashed the check?

A: It was dishonored by the bank. The manager said the
account did not have enough money to cover the amount
indicated in the check.

33. Q: What did you do after it was dishonored?

A: Since I thought that it might just be some error, I tried
calling Norman, but he was not answering. So, I sent him
a message to tell him that the check he issued me was
dishonored and reminded him that he legally has five (5)
days from January 1 to make good on the check. I even
suggested that he can still pay in cash if there would be
any problems with the bank.

34. Q: How did he respond to you?

A: There was no response. He was not even viewing my
message.

35. Q: What did you think was the reason he may have
forgotten to put money on his account?
A: I could not think of any since I constantly asked about
the clinic expansion.

36. Q: What did he say about the expansion?

A: He always said it was proceeding as planned. And
during the final months, particularly on November and
December of 2017, I constantly reminded him that I’ll be
expecting payment by January 2018. I even did so
amicably and informally since we were friends and I didn’t
want to sound demanding.

37. Q: How did he respond to your reminders?

A: He said that there would be no problem. That he will
have the money ready by then but when January came,
he was not responding to my calls and messages anymore.

38. Q: What did you do when he stopped responding to

your demands?
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A: I went to his clinic and tried to request a personal

meeting with his assistant, but his assistant told me that
Dr. Fermin is on leave.

39. Q: What else did you find out in your visit to his clinic?
A: I saw that there was a portion of the building that was
covered with a sign that said construction was on-going.
But I didn’t hear anyone doing any construction work.

40. Q: What time did you go to the clinic?

A: It was around 10 in the morning, which is why I thought
it was unusual. So, I asked around the building, and I
learned that there wasn’t any construction being done in
that part of the building.

41. Q: Moving on, what did you do after you failed to meet
with the defendant in person?
A: I tried calling him, but again, there was no answer. I
then tried to visit him at his residence, but only the
housemaid answered me at the gate. She just told me that
her employers were not at home.

42. Q: How did you enforce payment after that?

A: I constantly tried calling him and sent him countless
messages. He never responded, so I tried to do things
formally and sent him a final demand letter.

43. Q: When was this?

A: It was on March 2, 2018. Again, no response.

44. Q: What did you do after that?

A: Since he was my friend, I waited a couple of months for
him to make good on his obligation. By July, after there
has been no response whatsoever, I decided to go to the
Barangay to have the loan settled.

45. Q: Who appeared during that Barangay Conciliation?

A: It was only me who was present during that conciliation
proceeding.

46. Q: What did you do after that?

A: I tried to avoid it as much as possible, but since he
himself was avoiding me, I decided to go the legal way and
sued him in a civil court to demand payment.

THE DEFENDANT IS TRYING TO DEFRAUD HIS

CREDITORS, INCLUDING THE PLAINTIFF
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47. Q: What happened after that?

A: After talking to our mutual friends and other people who
knew of the situation, I learned that Norman was buried
in debt. Not just to me, but to other people as well.

48. Q: What else did you learn?

A: I also learned that a lot of his other creditors remained
unpaid. Some of them were actually paid using the money
he borrowed from me.

49. Q: What else?

A: I also learned that Norman has the means to pay for the
loan since he owns numerous bank accounts in his name,
and that he actually owns the commercial building to
which his clinic occupies a space.

50. Q: Why do you think he is unable to pay despite having

the means to do so?
A: I am not sure but I learned lately that he has been
putting up some of his properties for sale. I think he is
doing so to avoid having them attached and to defraud his
creditors.

51. Q: How do you plan on having your claim satisfied

despite Norman’s recent actions?
A: I plan on having his properties attached before he has
the chance of disposing them.

52. Q: What other matters do you wish to address?

A: I want to add that Norman’s blatant ignoring of my calls
and messages caused me anxiety and his constant refusal
to settle his debt has caused me to devote too much time
wondering what happened to my hard-earned money that
I have not been able to sleep right for quite some time.

53. Q: Is there anything more, Atty. Molina?

A: That is all I have to say.

54. Thank you for your time, Atty. Molina.

A: Thank you.

---------END OF STATEMENT----------
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IN WITNESS WHEREOF, I hereunto set my hand this 9th

day of August 2019 at Baguio City.

JENNA C. MOLINA .
Affiant

SWORN ATTESTATION OF THE LAWYER WHO

CONDUCTED OR SUPERVISED THE EXAMINATION OF THE
WITNESS

The undersigned ATTY. ROAN JILL E. HABOC, of legal

age, single, and with law office address at HRD Law Firm at
U533, Brgy. Lualhati, I. Villamor Drive, Pacdal Circle, Gibraltar,
Baguio City, under oath, deposes and states that:

1. He is the Legal Counsel for the Plaintiff in the above-

entitled case;

2. He faithfully recorded or caused to be recorded the

questions he asked and the corresponding answers that
the above-named witness gave;

3. Neither he nor any other person then present or assisting

him coached the witness regarding the latter's answers;
and

4. he conducted the examination of the witness at their law

office located at U533, Brgy. Lualhati, I. Villamor Drive,
Pacdal Circle, Gibraltar, Baguio City, 2600.

IN WITNESS WHEREOF, I have hereunto set my hand

this 9th day of August 2019.

ATTY. ROAN JILL E. HABOC

Affiant
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SUBSCRIBED and sworn to before me this 9th day of

August, 2019 at Baguio City, affiant exhibiting his competent
proof of identity, to wit: IBP ID No. 110394.

ATTY. MARIANNE DOMALANTA

Notary Public for Baguio City
Notarial Commission No. NA-NC-3-NEW-19
Until December 31, 2021
Roll No. 2120198; May 10, 2017
PTR No. 2101187; 01/11/2019; Baguio City
IBP Membership No. 416-00-2120198; Baguio-
Benguet Chapter
Suite 507, National Life Building, Session
Road, Baguio City

Copy Furnished:

ATTY. KURDEL C. PAROY

Counsel for the Defendant
Delavin Law Office
301- 3F, Casa Generosa Bldg.,
Session Road, Baguio City
Roll No. 192834/ 05-04-20
PTR No. 0283847474/ 12-31-20 Baguio City
MCLE Compliance No. 0591283
IBP Lifetime Member No. 82735/ 12-31-20 Baguio City

Doc. No. 22
Page No. 5
Book No. 1
Series of 2019.