Ja Collection Of Sum Of Money.docx

Republic of the Philippines REGIONAL TRIAL COURT 5th Judicial Region Branch ___, Iriga City ALBERTO I. TEXON, Plaintiff, -versusCivil Case No: 00-001 For: Collection of a Sum of Money and Damages JENNIFER ROSE RAMOS, Defendant. x-----------------x

JUDICIAL AFFIDAVIT OF DEFENDANT JENNIFER ROSE RAMOS

This Judicial Affidavit of Jennifer Rose Ramos is executed to serve her direct testimony in the instant case.

I, Jennifer Rose Ramos, of legal age, Filipino, single and with residence at San Miguel, Iriga City, defendant in this case, state under oath as follows:

PRELIMINARY STATEMENT

The person examining me is Atty. Francia B. Tatel with office address at San Miguel, Iriga City. The examination is being held at the same address. I am answering her questions fully conscious that I do so under oath and may face criminal liability for false testimony and perjury.

PURPOSE: This affidavit/ testimony of defendant Jennifer Rose Ramos is being offered to prove that 400,000 has been deposited to the bank account of herein plaintiff Mr. Alberto I. Texon as partial payment to the total amount owed of 700,000. That herein plaintiff failed to check his bank account and confirm the deposit. That the defendant Jennifer Rose Ramos is ready to pay the remaining balance amounting to 300,000 upon their acknowledgement.

1. Q. Please state your name and other personal circumstances for the record. A. I am Jennifer Rose Ramos, of legal age, Filipino, single and with residence at San Miguel, Iriga City.

2. Q. Do you know why you are here? A. Yes, because I am the defendant in a suit filed by Mr. Alberto I. Texon.

3. Q. Do you know Mr. Alberto I. Texon? A. Yes, he is my former classmate in Law School.

4. Q. So, you know him personally, is that correct? A. Yes

5. Q. Can you tell me the amount you owed to Mr. Texon? A. I borrowed One Million Pesos (P1,000,000.00) from him.

6. Q. When did this happen? A. Last February 14, 2018.

7. Q. Did you have an agreement as to when will you pay the full amount of the obligation? A. Yes, I made a promissory note saying that I will pay on or before November 18, 2018 (Annex “1”).

8. Q. Was there an agreement between the two of you stipulating that the amount of the obligation should be paid in person? A. Yes, however he also mentioned that if in any case that he will not be available to receive the payment I can just deposit it in his personal bank account. 9. Q. How many times did you pay him in person? A. 3 times. 10. Q. Do you recall how much did you pay and their specific dates? A. Yes, I paid him P100,000 last March 14, 2018. P100, 000 last April 14, 2018 and another P100,000 last May 14, 2018. 11. Q. So, are you saying you paid him P300,000 in person? A. Yes, Maam. I have the acknowledgement letter (Annex “2”). 12. Q. If the total amount of the obligation is P1,000,000.00 and you already paid him P300,000.00, you still owed Mr. Texon another P700,000.00, is that correct? A. Yes, however I already paid him another P400,000.00 which his lawyer did not acknowledged. 13. Q. Can you tell me more about this other P400,000.00 that you mentioned? A. I tried to contact Mr. Texon last November 2, 2018 to check where we can meet so I can pay him, but his phone number is unavailable. I made several attempts again for the next following days, but I failed. I recalled our conversion that I can just deposit it to his personal bank account if he is unavailable. Thus, I went to Banco de Oro last November 10, 2018 and deposited the P400,000.00 personally. After I made the deposit I also went to his residence at San Agustin, Iriga City and learned that the Mr. Texon left the Philippines for some business trip. 14. Q. Do you still have the copy of the deposit slip? A. Yes, I still have the original copy. (Annex “3”). 15. Q. Did you advise someone from his household regarding the deposit that you made? A. No, his wife is also not around, I think she is with him. 16. Q. Who told you then that Mr. Texon is not in the Philippines? A. It’s his household help.

17. Q. Can you tell me what happened after you visit to his house? A. The lawyer of Mr. Texon, called me last November 18, 2018 and advised me that I should now pay the remaining balance amounting to P700,000.00 because it is already due. I advised her that I only owed Mr. Texon P300,000.00 because I already deposited the other P400,000.00 to his personal bank account.

18. Q. What did his lawyer tell you? A. She said that she does not know anything about that. 19. Q. What did you tell her? A. I advised her that I am now ready to pay the balance of my loan, but it is for P300,000.00 only. I also asked her to confirm with Mr. Texon first if he already checked his bank account. 20. Q. What happened next? A. I did not hear anything from Mr. Texon or his lawyer up until December 24, 2018. I received a demand letter form Atty. Belleza advising me to pay P700,000.00. 21. Q. Can you tell me why you did not just deposit the remaining balance (P300, 000.00) just like what you did before? A. I do not want to pay it not unless they acknowledge that it is indeed the balance that I owe him.

IN WITNESS WHEREOF, I have hereunto set my hand this 12th day of February 2019.

Jennifer Rose Ramos Affiant

SWORN ATTESTATION The undersigned hereby attests that, as counsel of the witness, she faithfully recorded the questions she asked and the corresponding answer of the witness and that she did not coached the witness’ answers to the questions propounded.

ATTY. FRANCIA B. TATEL Notary Public Valid Until December 31, 2019 PTR No. 00, 00-00-01 IBP OR No. 00, 00-00-01 Roll No. 000002 MCLE Cert. No. 00000002 (054) 4739988 [email protected]

Doc. No.: 02 Page No.: 1 Book No.: I Series of 2019