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Ja Collection

Julio Bareto claims that Geraldine Andres borrowed PHP 500,000 from him on February 14, 2018 but failed to repay the loan. Bareto provides exhibits including a promissory note signed by Andres and records of attempts to settle the matter through mediation at the barangay level that were unsuccessful. Bareto is now filing a civil case against Andres for collection of the sum owed.

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0% found this document useful (0 votes)
191 views8 pages

Ja Collection

Julio Bareto claims that Geraldine Andres borrowed PHP 500,000 from him on February 14, 2018 but failed to repay the loan. Bareto provides exhibits including a promissory note signed by Andres and records of attempts to settle the matter through mediation at the barangay level that were unsuccessful. Bareto is now filing a civil case against Andres for collection of the sum owed.

Uploaded by

carmela feria
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Republic of the Philippines

REGIONAL TRIAL COURT


Branch 42
Bacolod City, Negros Occidental

JULIO A. BARETO
Plaintiff, CIVIL CASE NO. 12345

- versus – FOR: COLLECTION OF SUM OF MONEY

GERALDINE A. ANDRES
Defendant.

JUDICIAL AFFIDAVIT OF
JULIO A. BARETO

I, JULIO A. BARETO, of legal age, married, and living at Alangilan, Bacolod City, petitioner in

this case, state under oath as follows:

PRELIMINARY STATEMENT

The person examining me is Atty. Carmela Yasay-Feria with address at Mandalagan, Bacolod

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.

This affidavit/testimony of petitioner JULIO BARETO is being offered to prove that the

respondent Geraldine A. Andres is indebted to plaintiff the sum of Three Hundred Fifty Thousand

Pesos (php 500,000.00), Philippine Currency. The petitioner’s testimony is also offered to prove

that defendant Geraldine Andres unlawfully refused to pay the lawful demand of the plaintiff.

1. Q. Please state your name and other personal circumstances for the record.

A. I am Julio Bareto, 25 years old, actress and residing in Bacolod City, Negros Occidental.

2. Q. Are you the same Julio Bareto, the petitioner in this case?

A. Yes ma’am.

3. Q. Do you know a certain Geraldine Bareto?


A: Yes ma’am. She borrowed money from me in the sum of Php 500,000.00

4. Q: When did Geraldine borrow money from you?

A: February 14, 2018

5. Q: Do you have any proof that indeed Geraldine borrowed money from you on the said date?

A: Yes ma’am. She executed a document in the English language, in the presence of Bea
Alfonso, Kim Tiu, as Barangay Kagawad, Maha Salvador as Barangay Secretary and Sarah
Hereonimo as Barangay Captain where she had acknowledged her indebtedness and where she
had promised to pay to me the sum of php500,0000 on December 25, 2018. (Exhibit “A”)

6. Q: Did Geraldine pay his indebtedness on December 25, 2018?

A: He failed to pay the said obligation on due date.

7. Q: How did you settle this matter?

A: I approached Atty. Charo Santo to formally send a letter of demand payment of their
indebtedness. (Exhibit“B”)

8. Q: Did she answer your demand?

A: She failed to comply with such demand.

9. Q: What did you do next?

A: I tried to settle the matter with her to the level of the proper lupon of Alangilan Bacolod

but she refused to settle it.

10. Q: Do you have any proof that Geraldine indeed refused to settle her indebtedness?

A: Yes ma’am .Certificate to file Action (Exhibit “C”)

IN WITNESS WHEREOF, I have hereunto set my hand this August 28 2019 at Bacolod
City.

Julio A. Bareto

Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for Bacolod City, Negros
Occidental this 28th day of August 2019. Affiant personally came and appeared with Voter’s ID
issued by the COMELEC on August 20, 2019 at Bacolod City bearing his photograph and
signature, 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. CARMELA YASAY - FERIA


Notary Public
Doc. No. ____ Commission Serial No. 123456
Page No. ____ Notary Public for Bacolod City, Negros Occidental
Book No. ____ Until December 31, 2020
Series of 20__ Office: Lacson St., Bacolod City, Negros Occidental
Roll No. 78910123
IBP Lifetime Roll No. 12345-56; 12/31/20 ; Bacolod
PTR No. 123457 04/13/13 ; Bacolod
MCLE Compliance Cert. No. 45678; 05/05/15

I, Carmela Yasay-Feria, of legal age, Filipino, with postal address Lacson St., Barangay
Mandalagan, Bacolod City, after being duly sworn depose and say:

1. I was the one who conducted the examination of witness Julio Bareto at my
aforementioned office in Lacson St., Bacolod City;

2. I have faithfully recorded or caused to be recorded the questions I asked and the
corresponding answer that the witness gave;

3. I nor any other person then present or assisting his coached the witness regarding his
answers;

IN WITNESS WHEREOF, I have hereunto set my hand this 28th day of August 2019 at

Bacolod City, Negros Occidental

ATTY. CARMELA YASAY-FERIA


Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for Bacolod City, Negros
Occidental this 28th day of August 2019. Affiant personally came and appeared with Voter’s ID
issued by the COMELEC on August 20, 2019 at Bacolod City bearing his photograph and
signature, 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. BRANCHIE O. BIBAOCO
Notary Public
Doc. No. ____ Commission Serial No. 1654321
Page No. ____ Notary Public for Bacolod City, Negros Occidental
Book No. ____ Until December 31, 2020
Series of 20__ Office: Lacson St., Bacolod City, Negros Occidental
Roll No. 0987236
IBP Lifetime Roll No. 6543-212; 12/31/20 ; Bacolod
PTR No. 1232313 04/13/13 ; Bacolod
MCLE Compliance Cert. No. 78905; 05/05/15
PROMISSORY NOTE

Amount: 500, 000.00 php Date: February 14, 2018

Place: Barangay Alangilan, Bacolod City

I, Geraldine Andres promise to pay Julio A. Bareto, the sum of P 500,000 on or before December 25,

2018 for the money I borrowed in the amount of 500,000.00 PHP.

Geraldine Andres

Witnesses:

Bea Alfonso

Kim Tiu

Barangay Kagawad

Maha Salvador

Barangay Secretary

Sarah Hereonimo

Barangay Captain
REPUBLIC OF THE PHILIPPINES

Barangay Alangilan

City of Bacolod

OFFICE OF THE LUPONG TAGAPAMAYAPA

JULIO A. BARETO Barangay Case No.


123
COMPLAINANT

For: Collection of Sum of


Money

-against-

GERALDINE A. ANDRES

Respondent

CERTIFICATION TO FILE ACTION

This is to certify that:

1. There has been no personal confrontation between the parties before the Punong Barangay
because the respondent was absent and that mediation failed.
2. The Pangkat Tagapagkasundo was constituted but there has been no personal confrontation
before the Pangkat likewise did not result into a settlement because the respondent was
absent.

3. Therefore, the corresponding complaint for the collection of sum of money may now be
filed in court/government office.

This 10th day of July 2019.

Attested by:

_________________________

Pangkat Secretary

_____________________________ _____________________________

Pangkat Chairperson Pangkat Member

_____________________________

Pangkat Member

Noted by:

Sarah Hereonimo

Punong Barangay /

Lupon Chairperson

12 August 2013

GERALDINE A. ANDRES
Rosal St., Brgy. Alangilan
Bacolod City

Madam:

We write in behalf of our client, JULIO A. BARETO., the matter of your non-
payment of your obligation.
Records disclose that you have an outstanding obligation with our client in
the amount of Php500,000.00 inclusive of interest and surcharges. Despite
repeated demands, you failed and continuously fail to pay the aforesaid amount.

Accordingly, FINAL DEMAND is hereby made upon you to settle


the amount of Php500,000.00 within FIFTEEN (15) days from receipt of this
letter. Otherwise, we will be constrained to file the necessary legal action against
you to protect the interest of our client.

We trust that you will give this matter your prompt and preferential attention to
avoid the expense and inconvenience of litigation.

Truly yours,

ATTY. JUAN C. DELA CRUZ

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