Affidavit of Witness

Republic of the Philippines}
Dumaguete City } S.S.
Affidavit of Witness
I, Cristina S. Chua, Filipino, of legal age, married to Wilson D. Chua, and a

resident of 38 Perdices Cor. Pinili Sts., Dumaguete City, after having been sworn
to in accordance with law, depose and state as follows:
1. I am the Complainant in Civil Case No. 2017-15273 for Collection of Sum

of Money and Damages pending before the Regional Trial Court, Branch 41 in
Dumaguete City;
2. In January 7, 2011 Mrs. Gloria C. Pabalate obtained a loan from me with a

principal amount of THREE HUNDRED FIFTY THOUSAND (P350,000.00)
PESOS;
3. The loan was secured by a Real Estate Mortgage dated January 7, 2011. The
document is more particularly described as Doc. No. 352; Page No. 72; Book No.
13; Series of 2011; of the Notarial Register of Atty. Deogracias Eltanal, Jr.;
4. The real property mortgaged is covered by Original Certificate of Title No.

FV-39732 which is still registered under the name of Segundina T. Cariño;
5. Segundina T. Cariño however sold to GLORIA CLAVEL PABALATE by

virtue of a Deed of Absolute Sale executed by the heirs of Segundina T. Cariño in
her favor dated December 7, 2009. The Deed of Absolute Sale is more particularly
identified as Doc. No. 520; Page No. 105; Book No. II; Series of 2009; in the
Notarial Register of Atty. Ryan S. Buenavista;
6. The heirs of Segundina T. Cariño also executed a Special Power of Attorney

in favor of Gloria C. Pabalate authorizing her to apply for a loan using as collateral
the same property. The SPA is particularly identified as Doc. No. 145; Page No.
30; Book No. V; Series of 2010; in the Notarial Register of Atty. Marvin P.
Lastimado;
7. The Real Estate Mortgage states the principal amount of the loan is
P350,000.00 with interest at the rate of Three (3%) Percent per month payable
within a period of One (1) year from its execution;
8. Mrs. Pabalate only made a payment of Ten Thousand Five Hundred

(P10,500.00) Pesos on January 11, 2011. After that one-time payment, Mrs.
Pabalate no longer made any subsequent payment to the loan;
9. After the period of one (1) year as agreed upon, Mrs. Pabalate did not pay
her loan making it due and demandable;
10.When I filed this case on February 2017, Mrs. Pabalate’s total obligation
amount to ONE MILLION ONE HUNDRED SIXTEEN THOUSAND FIVE
1
HUNDRED (P1,116,500.00) PESOS which includes the principal amount and
interest;
11. In order to inform Mrs. Pabalate her obligation, I sent several oral as well as
written demands through my lawyer dated May 7, 2012 and July 21, 2014. Both
were sent via registered mail and is duly acknowledged to have been received by
her;
12. Despite the demands to pay, Mrs. Pabalate never settled her obligation until
today;
13. Because of her refusal to settle her obligation, I suffered sleepless nights,
serious anxiety and mental anguish, not to mention the financial loss I suffered as
the money could have been invested elsewhere;
14. Because of her failure to comply and make good of her obligation, I was
forced to seek legal advice and to engage the services of counsel in order to
enforce my rights and spent the sum of P50,000.00 for the lawyer’s fees plus
P2,500.00 for every court appearance;
15. All of the forgoing are stated in my complaint which were admitted by Mrs.
Pabalate in her Answer. She did not deny the loan as well as the demand to pay
that I made upon her;
16. I execute the forgoing affidavit in support to my complaint filed before the
Regional Trial Court Branch 41 for Collection of Sum of Money and Damages
Docketed as Civil Case No. 2017-15273;
Affiant further sayeth naught.
Cristina S. Chua
Affiant
SUBSCRIBED and sworn to before me, a Notary Public for the City of
Dumaguete and the Municipalities of Sibulan, Valencia, Bacong, Dauin,
Zamboanguita and Siaton, this _________________ at Dumaguete City,
personally appeared Atty. Antonio Marlon Eric I. Dejaresco exhibiting to me his
Driver’s License No. G02-98-057452, 2024/1/23 as proof of identity, known to be
the same person who executed the foregoing attestation, signed by him and
acknowledged to me that the same is his free and voluntary act and deed.
Doc. No. _____; NOTARY PUBLIC

Page No. _____;
Book No. ____;
Series of 2020.

Affidavit of Witness

Uploaded by

Copyright:

Available Formats

Affidavit of Witness

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Affidavit of Witness

Uploaded by

Copyright:

Available Formats

Republic of the Philippines}

Dumaguete City } S.S.

I, Cristina S. Chua, Filipino, of legal age, married to Wilson D. Chua, and a

1. I am the Complainant in Civil Case No. 2017-15273 for Collection of Sum

2. In January 7, 2011 Mrs. Gloria C. Pabalate obtained a loan from me with a

4. The real property mortgaged is covered by Original Certificate of Title No.

5. Segundina T. Cariño however sold to GLORIA CLAVEL PABALATE by

6. The heirs of Segundina T. Cariño also executed a Special Power of Attorney

8. Mrs. Pabalate only made a payment of Ten Thousand Five Hundred

Affiant further sayeth naught.

Doc. No. _____; NOTARY PUBLIC

You might also like