REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
BRANCH 12, OLONGAPO CITY
JOAN PADILLA,
Plaintiff,
- versus - CIVIL CASE NO. 123
For: Specific Performance and Damages
VILLAR & VILLAR CO.
Defendant.
x-----------------------------------x
FORMAL OFFER OF EVIDENCE
The Plaintiff, represented by the undersigned counsel as her attorney-in-law,
respectfully submits to this Honorable Court this Pre-Trial Brief, to wit:
The Plaintiff will present the following documents:
1. Exhibit A - The judicial affidavit pertaining to the testimony of the Plaintiff
for the purpose of proving the agreement between the Plaintiff and the
Defendant.
2. Exhibit B - The judicial affidavit pertaining to the testimony of Engr. Harry
Roque as to the evaluation report he made.
3. Exhibit C - The judicial affidavit pertaining to the testimony of Engr. Henry
Sy as to his personal knowledge of the presence of the faulty beams in the
assembly hall.
4. Exhibit D - The judicial affidavit pertaining to the testimony of Robin Padilla
as to his personal knowledge of the existence of the mutual agreement
between the Plaintiff and the Defendant.
5. Exhibit E - Evaluation Report made by Engr. Harry Roque;
6. Exhibit F - Photographs of the beams supporting the assembly hall taken by
the Plaintiff;
7. Exhibit G - Transfer Certificate Title of Lot 24-B in Olongapo City which
will serve as a proof of ownership of the Plaintiff.
Olongapo City, 07 June 2021
(SGD.) Justine Mark N. Dagdag
Counsel for the Plaintiff
PTR No. 18909595:1-04-07:B.C.
IBP No, 693095:1-04-07:B.C.
Roll No. 42481:5-10-97: Manila
Rm. 4 2/F Pasig Boating Center
180 Burnham Lake, PasigCity
Copy furnished:
GACUTAN & SALAZAR LAW OFFICE
Counsel for Respondent
Address: 10/F Commerce Centre, Valero St.,
Salcedo Village, Makati
Contact Nos.: (081) 874-1478 to 90
EXPLANATION
Service of this petition is by registered mail instead of personal service
because of lack of messengerial aide to make personal service.
(SGD.) Justine Mark N. Dagdag
Counsel for the Plaintiff
PTR No. 18909595:1-04-07:B.C.
IBP No, 693095:1-04-07:B.C.
Roll No. 42481:5-10-97: Manila
Rm. 4 2/F Pasig Boating Center
180 Burnham Lake, PasigCity
AFFIDAVIT OF SERVICE BY REGISTERED MAIL
I, Rodel Ardales, of legal age and having been duly sworn depose and say:
That I am the messenger of Atty. Justine Mark N. Dagdag, counsel for
petitioner in the case entitled “Padilla v. Villar & Villar Co.”, Civil Case No. 123,
and as such messenger I served upon the counsels of the adverse party, the petition
filed in said case:
By depositing the copy in the post office in sealed envelope, plainly
addressed to the counsels at their office, with postage fully prepaid, and with
instruction to the postmaster to return the mail to the sender after ten days if
undelivered, this 12th day of November 2021, as shown by Registry No. 12345
dated 12 November 2012 of the post office of Makati City.
IN WITNESS WHEREOF, I have signed this affidavit this 12th day of
November 2021 at Makati City.
(SGD.) RODEL ARDALES
Affiant
SUBSCRIBED AND SWORN to before me on this 12th day of November 2021 at
Makati City, affiant exhibiting to me her Driver's License No. 12345852515 which
will expire on April 26, 2014.
(SGD.) MICHAEL DELA CRUZ
Notary Public
Makati City
Doc. No. 209;
Page No. 124;
Book No. 21;
Series of 2021
EXHIBIT A
REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
BRANCH 12, ZAMBALES CITY
JOAN PADILLA,
Plaintiff,
- versus - CIVIL CASE NO. 123
For: Specific Performance with Damages
VILLAR & VILLAR CONSTRUCTION
FIRM, SPOUSES CYNTHIA AND
MANNY VILLAR,
Defendant.
x-----------------------------------x
JUDICIAL AFFIDAVIT
|OF JOAN PADILLA |
I, Joan Padilla, Filipino, of legal age, with residence at Unit 123, Asia Bldg.,
Field Park Residences, Pasig City, fully aware and conscious that I am subscribing
under oath and may face criminal liability for false testimony or perjury, if the
statements herein contained are proven to be false, in response to the questions
propounded by Atty. Justine Mark N. Dagdag, do hereby depose and state that:
PURPOSES
The testimony of the witness Joan Padilla, is being offered to prove that she
was the lawful owner of the lot in Olongapo City. The plaintiff contracted Villar &
Villar Co. for the construction of her Assembly hall within her resort. However,
due to the poor compliance by the defendant, the Assembly Hall was retrofitted
due to faulty beams which have hairline cracks. The plaintiff was also demanded
by the defendant to pay the retrofitting although it was the latter who was at fault.
This Judicial Affidavit shall serve as the direct testimony of the witness in
this case.
QUESTION AND ANSWER
1. Q: Do you swear before this court to tell the truth?
A: Yes, I do.
2. Q: The person I am speaking with today is the plaintiff, Atty. Joan Padilla. Is
this correct?
A: Yes, I am.
3. Q: You are a lawyer?
A: Yes, I am.
4. Q: You owned a lot in Olongapo City. Is that correct?
A: Yes.
5. Q: What do you want to do with your lot in the said city?
A: I want to have a farm and resort.
6. Q: And because of that, who did you contracted with for the construction of
your resort?
A: The spouses Villar who owns the construction firm Villar & Villar Co.
7. Q: How did you learn about their company?
A: My friend told me that they provided construction services for one of my
friend’s client who owns a resort.
8. Q: When did you negotiated with the spouses Villar regarding the
construction of the assembly hall?
A: On December 3, 2019
9. Q: On December 3, 2019, what did you talked about with the spouses
Villar?
A: I told the spouses that I want to build a 2-storey assembly hall on my
resort. Then, they asked me how much was my budget for the building.
10.Q: How much was your budget?
A: Ten Million Pesos
11.Q: After you told them about your budget, what did they proposed to you?
A: They offered that they can construct the assembly hall blueprint I
submitted to them at a fixed value of Ten Million Pesos.
12.Q: When did you accept their offer?
A: December 8, 2019
13.Q: How long did they construct the assembly hall and when was it
constructed?
A: December 3, 2020 or one year after.
14.Q: After they constructed the assembly hall, what did the spouses Villar told
you?
A: They told me that they’ll give me the keys to the assembly hall so that I
could personally check it.
15.Q: When you checked it, what did you observe?
A: I jumped on the second floor which was the function area, but I was
shocked because there was movement on the said area.
16.Q: What did you do afterwards?
A: I called Engr. Villar and told him that the function area was quite shaky.
17.Q: What did Engr. Villar told you?
A: He told me that I might just have a vertigo because when they
constructed it, they observed the standards for structural integrity.
18.Q: When did you check the function area?
A: On January 12, 2021
19.Q: Who are you with during that day?
A: I was with my friend, Engr. Co
20.Q: What did your friend told you?
A: He felt the movement as well on the second floor of the assembly hall
and that there might be structural inadequacies during its construction.
21.Q: When did you visit again the assembly hall? And what did you do?
A: I revisited the area on January 15, 2021 and the result was the same.
There was movement of the building when I tried to jump.
22.Q: When you reconfirmed the situation of the building to the spouses Villar,
what did they told you?
A: They told me that they will make an investigation or structural analysis
over the area through Engr. Roque.
23.Q: What was the result or the contents of the investigation made by Engr.
Roque?
A: There was hairline cracks on the beams of the assembly hall which is due
to the failure of observance of the proper standards for structural integrity.
24.Q: When the spouses knew about this matter, what did they told you?
A: That they will conduct retrofitting over the assembly hall.
25.Q: How much was the budget for that?
A: They said it will cost around eight hundred thousand pesos.
26.Q: Who will shoulder the expenses?
A: Villar & Villar Co. told me that I should shoulder the expenses for
retrofitting.
27.Q: What did you say to them?
A: I told them that they should shoulder it because they were at fault when
they failed to observe the proper standard for constructing the assembly hall
I proposed.
28.Q: What was their reply after you decline to pay?
A: They insisted that I should shoulder the expenses for retrofitting and pay
the remaining 10% balance.
29.Q: Lastly, what are you going to do after the construction of the assembly
hall?
A: I will use it for rental purposes so that I could generate profit from my
real estate investment.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 20th
day of July 2020 in Olongapo City, Philippines.
JOAN PADILLA
Affiant Witness
SUBSCRIBED AND SWORN TO before me this 20th day of July 2020 in
Olongapo City, Philippines by the above-named affiant who exhibited to me his
identification document consisting of Driver’s License ID No. N04-18-013921
issued at Valenzuela City.
NOTARY PUBLIC
ATTY. JUANA B. CRUZ
Notary Public for Olongapo City
Notarial Commission No. 123
Until December 31, 2021
Unit 204, CRM Building,
Gorordo Avenue, Olongapo City
Roll No. 477113; 04/20/2012
IBP No. 135790; 01/10’16 - Olongapo City
PTR No.1161033; 01/10/16 – Olongapo City
MCLE Compliance No. VI-008910; 08/11/2020
Telephone No. (02)254-7882
E-mail address: juanabcruz@gmail.com
Doc. No. 208;
Page No. 123;
Book No. 21;
Series of 2021
SWORN ATTESTATION
I, JUSTINE MARK N. DAGDAG, of legal age, Filipino, with office address
at 3B1 Law Office, Paseo de Roxas, Makati City, Philippines after being duly
sworn to in accordance with law, do hereby depose and state;
1. I conducted/supervised the examination of the witness, Ms. Joan Padilla,
at the abovementioned office.
2. I have faithfully recorded or caused to be recorded the questions I asked
to the witness and the corresponding answers given by the witness.
3. Neither I, nor any other person then present or assisting me, coached the
witness in giving the answers.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 20th day of
July 2020 in Olongapo City, Philippines.
JUSTINE MARK N. DAGDAG
Affiant
SUBSCRIBED AND SWORN TO before me this 14th day of March 2021
in Navotas City, Philippines by the above-named affiant who exhibited to me his
IBP ID with Roll of Attorneys No. 45530 as evidence of her identity.
NOTARY PUBLIC
ATTY. JUANA B. CRUZ
Notary Public for Navotas City
Notarial Commission No. 123
Until December 31, 2021
Unit 204, CRM Building,
Gorordo Avenue, Navotas City
Roll No. 477113; 04/20/2012
IBP No. 135790; 01/10’16 - Navotas City
PTR No.1161033; 01/10/16 – Navotas City
MCLE Compliance No. VI-008910; 08/11/2020
Telephone No. (02)254-7882
E-mail address: juanabcruz@gmail.com
Doc. No. 209;
Page No. 124;
Book No. 21;
Series of 2021
EXHIBIT B
REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
BRANCH 12, ZAMBALES CITY
JOAN PADILLA,
Plaintiff,
- versus - CIVIL CASE NO. 123
For: Specific Performance with Damages
VILLAR & VILLAR CONSTRUCTION
FIRM, SPOUSES CYNTHIA AND
MANNY VILLAR,
Defendant.
x-----------------------------------x
JUDICIAL AFFIDAVIT
|OF HARRY ROQUE |
I, Harry Roque, Filipino, of legal age, with residence at Unit 123, Asia
Bldg., Field Park Residences, Pasig City, fully aware and conscious that I am
subscribing under oath and may face criminal liability for false testimony or
perjury, if the statements herein contained are proven to be false, in response to the
questions propounded by Atty. Justine Mark N. Dagdag, do hereby depose and
state that:
PURPOSES
The testimony of the witness Harry Roque, is being offered to prove that he
conducted an evaluation report as to the said Assembly Hall.
This Judicial Affidavit shall serve as the direct testimony of the witness in
this case.
QUESTION AND ANSWER
1. Q: Do you swear before this court to tell the truth?
A: Yes, I do.
2. Q: The person I am speaking with today is Engr. Harry Roque, is this
correct?
A: Yes, I am.
3. Q: Why did you make an evaluation report and what is it about?
A: I made an evaluation report to make a structural re-assessment as to the
condition of the construction area. According to my investigation, several
beams have faulty crack lines which must be corrected immediately.
4. Q: Are these crack lines due to the poor materials used?
A: It is possible or it could be because of construction errors.
5. Q: How much would be the estimate of the reconstruction or retrofitting
would cost the parties?
A: Approximately about One Million Pesos.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 20th
day of July 2020 in Olongapo City, Philippines.
HARRY ROQUE
Affiant Witness
SUBSCRIBED AND SWORN TO before me this 20th day of July 2020 in
Olongapo City, Philippines by the above-named affiant who exhibited to me his
identification document consisting of Driver’s License ID No. N04-18-013921
issued at Valenzuela City.
NOTARY PUBLIC
ATTY. JUANA B. CRUZ
Notary Public for Olongapo City
Notarial Commission No. 123
Until December 31, 2021
Unit 204, CRM Building,
Gorordo Avenue, Olongapo City
Roll No. 477113; 04/20/2012
IBP No. 135790; 01/10’16 - Olongapo City
PTR No.1161033; 01/10/16 – Olongapo City
MCLE Compliance No. VI-008910; 08/11/2020
Telephone No. (02)254-7882
E-mail address: juanabcruz@gmail.com
Doc. No. 208;
Page No. 123;
Book No. 21;
Series of 2021
SWORN ATTESTATION
I, JUSTINE MARK N. DAGDAG, of legal age, Filipino, with office address
at 3B1 Law Office, Paseo de Roxas, Makati City, Philippines after being duly
sworn to in accordance with law, do hereby depose and state;
6. I conducted/supervised the examination of the witness, Mr. Harry Roque, at
the abovementioned office.
7. I have faithfully recorded or caused to be recorded the questions I asked to
the witness and the corresponding answers given by the witness.
8. Neither I, nor any other person then present or assisting me, coached the
witness in giving the answers.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 20th day of
July 2020 in Olongapo City, Philippines.
JUSTINE MARK N. DAGDAG
Affiant
SUBSCRIBED AND SWORN TO before me this 14th day of March 2021
in Navotas City, Philippines by the above-named affiant who exhibited to me his
IBP ID with Roll of Attorneys No. 45530 as evidence of her identity.
NOTARY PUBLIC
ATTY. JUANA B. CRUZ
Notary Public for Navotas City
Notarial Commission No. 123
Until December 31, 2021
Unit 204, CRM Building,
Gorordo Avenue, Navotas City
Roll No. 477113; 04/20/2012
IBP No. 135790; 01/10’16 - Navotas City
PTR No.1161033; 01/10/16 – Navotas City
MCLE Compliance No. VI-008910; 08/11/2020
Telephone No. (02)254-7882
E-mail address: juanabcruz@gmail.com
Doc. No. 209;
Page No. 124;
Book No. 21;
Series of 2021
EXHIBIT C
REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
BRANCH 12, ZAMBALES CITY
JOAN PADILLA,
Plaintiff,
- versus - CIVIL CASE NO. 123
For: Specific Performance with Damages
VILLAR & VILLAR CONSTRUCTION
FIRM, SPOUSES CYNTHIA AND
MANNY VILLAR,
Defendant.
x-----------------------------------x
JUDICIAL AFFIDAVIT
|OF HENRY SY |
I, Henry Sy, Filipino, of legal age, with residence at Unit 123, Asia Bldg.,
Field Park Residences, Pasig City, fully aware and conscious that I am subscribing
under oath and may face criminal liability for false testimony or perjury, if the
statements herein contained are proven to be false, in response to the questions
propounded by Atty. Justine Mark N. Dagdag, do hereby depose and state that:
PURPOSES
The testimony of the witness Henry Sy, is being offered to prove that he saw
the faulty crack lines in the assembly hall. He was with the plaintiff when he
personally saw that the area was quite unstable after they tried to test the stability
of the assembly hall.
This Judicial Affidavit shall serve as the direct testimony of the witness in
this case.
QUESTION AND ANSWER
1. Q: Do you swear before this court to tell the truth?
A: Yes, I do.
2. Q: The person I am speaking with today is Engr. Henry Sy, is this
correct?
A: Yes, I am.
3. Q: What is your relationship with the Plaintiff?
A: I am her friend.
4. Q: What did you do with her when you visited the resort?
A: We made an ocular visit to the constructed area my friend contracted with
the Defendant.
5. Q: What was your observation?
A: There was faulty crack lines and the second floor was shaky and unstable.
6. Q: Due to the crack lines, what did your friend do?
A: She called Engr. Villar to ask why was there crack lines on the beams of
the assembly hall.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 20th
day of July 2020 in Olongapo City, Philippines.
HENRY SY
Affiant Witness
SUBSCRIBED AND SWORN TO before me this 20th day of July 2020 in
Olongapo City, Philippines by the above-named affiant who exhibited to me his
identification document consisting of Driver’s License ID No. N04-18-013921
issued at Valenzuela City.
NOTARY PUBLIC
ATTY. JUANA B. CRUZ
Notary Public for Olongapo City
Notarial Commission No. 123
Until December 31, 2021
Unit 204, CRM Building,
Gorordo Avenue, Olongapo City
Roll No. 477113; 04/20/2012
IBP No. 135790; 01/10’16 - Olongapo City
PTR No.1161033; 01/10/16 – Olongapo City
MCLE Compliance No. VI-008910; 08/11/2020
Telephone No. (02)254-7882
E-mail address: juanabcruz@gmail.com
Doc. No. 208;
Page No. 123;
Book No. 21;
Series of 2021
SWORN ATTESTATION
I, JUSTINE MARK N. DAGDAG, of legal age, Filipino, with office address
at 3B1 Law Office, Paseo de Roxas, Makati City, Philippines after being duly
sworn to in accordance with law, do hereby depose and state;
7. I conducted/supervised the examination of the witness, Mr. Henry Sy, at
the abovementioned office.
8. I have faithfully recorded or caused to be recorded the questions I asked
to the witness and the corresponding answers given by the witness.
9. Neither I, nor any other person then present or assisting me, coached the
witness in giving the answers.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 20th day of
July 2020 in Olongapo City, Philippines.
JUSTINE MARK N. DAGDAG
Affiant
SUBSCRIBED AND SWORN TO before me this 14th day of March 2021
in Navotas City, Philippines by the above-named affiant who exhibited to me his
IBP ID with Roll of Attorneys No. 45530 as evidence of her identity.
NOTARY PUBLIC
ATTY. JUANA B. CRUZ
Notary Public for Navotas City
Notarial Commission No. 123
Until December 31, 2021
Unit 204, CRM Building,
Gorordo Avenue, Navotas City
Roll No. 477113; 04/20/2012
IBP No. 135790; 01/10’16 - Navotas City
PTR No.1161033; 01/10/16 – Navotas City
MCLE Compliance No. VI-008910; 08/11/2020
Telephone No. (02)254-7882
E-mail address: juanabcruz@gmail.com
Doc. No. 209;
Page No. 124;
Book No. 21;
Series of 2021
EXHIBIT D
REPUBLIC OF THE PHILIPPINES
NATIONAL CAPITAL JUDICIAL REGION
REGIONAL TRIAL COURT
BRANCH 12, ZAMBALES CITY
JOAN PADILLA,
Plaintiff,
- versus - CIVIL CASE NO. 123
For: Specific Performance with Damages
VILLAR & VILLAR CONSTRUCTION
FIRM, SPOUSES CYNTHIA AND
MANNY VILLAR,
Defendant.
x-----------------------------------x
JUDICIAL AFFIDAVIT
|OF HENRY SY |
I, Robin Padilla, Filipino, of legal age, with residence at Unit 123, Asia
Bldg., Field Park Residences, Pasig City, fully aware and conscious that I am
subscribing under oath and may face criminal liability for false testimony or
perjury, if the statements herein contained are proven to be false, in response to the
questions propounded by Atty. Justine Mark N. Dagdag, do hereby depose and
state that:
PURPOSES
The testimony of the witness Robin Padilla, is being offered to prove that he
was with the Plaintiff when the oral agreement was being negotiated.
This Judicial Affidavit shall serve as the direct testimony of the witness in
this case.
QUESTION AND ANSWER
1. Q: Do you swear before this court to tell the truth?
A: Yes, I do.
2. Q: The person I am speaking with today is Robin Padilla, is this correct?
A: Yes, I am.
3. Q: What is your relationship with the Plaintiff?
A: I am her brother.
4. Q: What did you remember or hear regarding the agreement between the
Plaintiff and the Defendant?
A: They both agreed that the construction for the assembly hall will cost Ten
Million Pesos and that my sister has the right to retain the ten percent (10%)
of the payment until the contract has been completely fulfilled.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 20th
day of July 2020 in Olongapo City, Philippines.
ROBIN PADILLA
Affiant Witness
SUBSCRIBED AND SWORN TO before me this 20th day of July 2020 in
Olongapo City, Philippines by the above-named affiant who exhibited to me his
identification document consisting of Driver’s License ID No. N04-18-013921
issued at Valenzuela City.
NOTARY PUBLIC
ATTY. JUANA B. CRUZ
Notary Public for Olongapo City
Notarial Commission No. 123
Until December 31, 2021
Unit 204, CRM Building,
Gorordo Avenue, Olongapo City
Roll No. 477113; 04/20/2012
IBP No. 135790; 01/10’16 - Olongapo City
PTR No.1161033; 01/10/16 – Olongapo City
MCLE Compliance No. VI-008910; 08/11/2020
Telephone No. (02)254-7882
E-mail address: juanabcruz@gmail.com
Doc. No. 208;
Page No. 123;
Book No. 21;
Series of 2021
SWORN ATTESTATION
I, JUSTINE MARK N. DAGDAG, of legal age, Filipino, with office address
at 3B1 Law Office, Paseo de Roxas, Makati City, Philippines after being duly
sworn to in accordance with law, do hereby depose and state;
5. I conducted/supervised the examination of the witness, Mr. Robin
Padilla, at the abovementioned office.
6. I have faithfully recorded or caused to be recorded the questions I asked
to the witness and the corresponding answers given by the witness.
7. Neither I, nor any other person then present or assisting me, coached the
witness in giving the answers.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 20th day of
July 2020 in Olongapo City, Philippines.
JUSTINE MARK N. DAGDAG
Affiant
SUBSCRIBED AND SWORN TO before me this 14th day of March 2021
in Navotas City, Philippines by the above-named affiant who exhibited to me his
IBP ID with Roll of Attorneys No. 45530 as evidence of her identity.
NOTARY PUBLIC
ATTY. JUANA B. CRUZ
Notary Public for Navotas City
Notarial Commission No. 123
Until December 31, 2021
Unit 204, CRM Building,
Gorordo Avenue, Navotas City
Roll No. 477113; 04/20/2012
IBP No. 135790; 01/10’16 - Navotas City
PTR No.1161033; 01/10/16 – Navotas City
MCLE Compliance No. VI-008910; 08/11/2020
Telephone No. (02)254-7882
E-mail address: juanabcruz@gmail.com
Doc. No. 209;
Page No. 124;
Book No. 21;
Series of 2021
