REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
11th JUDICIAL REGION
BRANCH _____
DAVAO CITY
FE TUALDES, CIVIL CASE NO. ___________
Plaintiff,
FOR: Recovery of Damages and
Other Reliefs
- versus -
BONIFACIO CRUZ,
Defendant.
x- - - - - - - - - - - - - - - - x
JUDICIAL AFFIDAVIT
I, BONIFACIO CRUZ, of legal age, Filipino, and a resident of
Davao City, Philippines, state under oath as follows:
PRELIMINARY STATEMENT
The person examining me is ATTY. LEOR S. LEGASPI, with
address at Matina I.T. Park, Gen. Douglas McArthur Highway,
Matina, Davao City, Philippines on March 3, 2021.
The examination is being held through videoconferencing due
to the strict community quarantine protocol brought by the COVID-
19 pandemic.
The QUESTIONS were propounded by ATTY. LEOR S. LEGASPI,
in English, which I fully understand, while the ANSWERS WERE
GIVEN/MADE by me.
Page 1 of 7
I am answering his questions fully conscious that I do so under
oath and may face criminal liability for false testimony and perjury.
OFFER OF TESTIMONY
The testimony of the witness is offered to prove that:
(1) The defendant is the owner of the Cimarron Jeepney
bearing the Plate no. LXX-349 “vehicle” subject of this case.
(2) The defendant left the subject vehicle at the ULTRA
Speed Machine Shop and A’s Metal Products “machine shop”.
(3) The defendant left the subject vehicle at the machine
shop for the sole purpose of having the same repaired and
maintained.
(4) The defendant never consented to its use by the machine
shop or any other persons for that matter.
(5) The defendant is a resident of SILVA HOMES, MINTAL,
DAVAO CITY and has never been a resident of HOUSE 234,
NHA, BANGKAL.
(6) The defendant never received any demand letter from
the plaintiff.
(7) The defendant never received any notice from the
Barangay of Bangkal.
QUESTIONS AND ANSWERS:
1. Q Please state your name and other personal
circumstances.
A I am BONIFACIO CRUZ, of legal age, Filipino, and a
resident of Davao City.
2. Q What is your occupation?
A I am a Jeepney operator owning several Jeepneys for
public transport.
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3. Q How many Jeepneys did you own?
A I owned 2 Jeepneys one of which is a Cimarron Jeepney
bearing the Plate no. LXX-349 that was involved in an
accident.
4. Q Why did it got involved in an accident?
A It was because the workers of the ULTRA Speed
Machine Shop and A’s Metal Products, where I left my jeepney
to be fixed, used it for their private use.
5. Q Is it the same jeepney stated in the complaint filed
against you?
A Yes.
6. Q What was the reason why you left that jeepney to the
machine shop?
A The jeepney had a broken steering shaft so I left it in
the shop to be repaired and maintained.
7. Q Was there any other reason why you left your jeepney
in the shop?
A No, that was the only reason why I left my jeepney
there. I did not give the machine shop any permission to use
my jeepney for any other purpose.
8. Q Do you know the plaintiff in this case?
A Yes.
9. Q Why do you know her?
A She filed this instant case against me.
10.Q The complaint states that you are a resident of HOUSE
234, NHA, BANGKAL is that true?
A No.
11.Q Why not?
A Because I am a resident of SILVA HOMES, MINTAL,
DAVAO CITY.
12.Q Since when?
A Since the time I moved to Davao on April 2003.
13.Q Do you have any proof of that?
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A Yes, I have the Certification issued by the Barangay of
Mintal, Davao City.
14.Q I am showing to you this Certification issued by the
Barangay of Mintal, Davao City, is this the one you are
referring to?
A Yes.
May we request that the Certification issued by the
Barangay of Mintal, Davao City be marked as our Exhibit
“1”.
15.Q The complaint states that you disowned any liability
from the accident, is this true?
A Yes, because I am a victim too since my jeepney got
totaled in that accident. But l want to point out that I did not
receive any demand letters for indemnity or damages from
anybody which was caused by that accident.
16.Q But the complaint states that there was even a recourse
to the Katarungang Pambarangay in Bangkal, were you
notified about this?
A No, as I mentioned earlier, I am a resident of Mintal,
Davao City since 2003. I did not receive any demand letter
nor notifications for the settlement in the barangay.
17.Q When did you became aware that there was this
demand for damages against you?
A It was only when I received a copy of the complaint
sent to my office.
18.Q Do you have anything else to say?
A Nothing more Attorney.
No further questions.
IN WITNESS WHEREOF, I have hereunto set my signature this 3rd
day of March 2021 at Davao City, Philippines.
BONIFACIO CRUZ
Affiant
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SUBSCRIBED AND SWORN to before me this 3rd day of
March, 2021 in Davao City, by the affiant who exhibited to me his
Driver’s License with No. 123412456 issued on December 15, 2019 as
competent proof of his identity.
ATTY. EMILIO AGUINALDO
Notary Public
Notarial Commission No. 143-2019
Commission Expires on Dec 31-2022
Roll of Attorneys No. 11111
IBP Lifetime Member No: 033470
PTR No. 888712/10-07-19/Davao City
Laguting Legaspi Paclibar Weill Law Firm
Matina I.T. Park, Gen. Douglas McArthur
Highway, Matina, Davao City, Philippines
Doc No. 5:
Page No. 1;
Book No. 1;
Series of 2021.
Page 5 of 7
ATTESTATION
I, ATTY. LEOR S. LEGASPI, single, Filipino, of legal age with
office address at Matina I.T. Park, Gen. Douglas McArthur Highway,
Matina, Davao City, Philippines, attest under oath as follow:
1. That under my own oath as a lawyer, hereby attest that I
conducted the examination of the witness BONIFACIO CRUZ;
2. That I have faithfully recorded the questions I asked and the
corresponding answers that the witness gave;
3. That neither I nor any other person, then present or assisting
me coached the witness regarding her answers; and
4. That I fully understand that any false attestation shall subject
me to disciplinary action, including disbarment.
IN WITNESS WHEREOF, I have hereunto set my signature this 3rd
day of March, 2021 at Davao City, Philippines.
ATTY. LEOR S. LEGASPI
Affiant
SUBSCRIBED AND SWORN to before me this 3rd of
March, 2021 in Davao City, by the affiant who exhibited to me his
IBP ID with lifetime Membership No. 101345.
ATTY. EMILIO AGUINALDO
Notary Public
Notarial Commission No. 143-2019
Commission Expires on Dec 31-2022
Roll of Attorneys No. 11111
IBP Lifetime Member No: 033470
PTR No. 888712/10-07-19/Davao City
Laguting Legaspi Paclibar Weill Law Firm
Page 6 of 7
Matina I.T. Park, Gen. Douglas McArthur
Highway, Matina, Davao City, Philippines
Doc No. 6:
Page No. 2;
Book No. 1;
Series of 2021.
Page 7 of 7
