Republic of the Philippines
MUNICIPAL TRIAL COURT
9th Judicial Region
Branch ___, Zamboanga City
ANGELA B. DATOLIO Civil Case No. 7885
- Plaintiff,
- for -
- versus -
Damages
ELVIRA E. VICENTE and
MARIBEL O. DATOLIO,
- Defendants.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - -x
JOINT JUDICIAL AFFIDAVIT OF
ELVIRA VICENTE and MARIBEL O. DATOLIO
COME NOW Defendants, through counsel, most respectfully submit
their Judicial Affidavit that embodies their direct examination.
This examination was conducted by ATTY. YASSER HAKIM on
February 13, 2023, at E-39 Plaza del Pilar, Sta. Barbara, Zamboanga City,
upon herein Defendants, ELVIRA VICENTE and MARIBEL O. DATOLIO,
who testified in English, which is a language they understand.
QUESTION 1: Do you swear to tell the truth, the whole truth and nothing
but the truth to narrate all the relevant facts and circumstances which,
by personal knowledge, you believe are material in your Complaint
against MARILYN DATOLIO?
ANSWER 1: Yes Sir, we swear.
Q2: Can you please state your names, address and other pertinent
circumstances?
A2 (EV): I am Elvira Vicente, of legal age, married, Filipino citizen, and a
resident of Barangay Cabatangan, Zamboanga City.
A2 (MO): I am Maribel O. Datolio, of legal age, married, Filipino citizen,
and a resident of Barangay Cabatangan, Zamboanga City.
Q3: Earlier, you came into my office seeking legal assistance for you to
execute your judicial affidavit. What is it all about and what is your
purpose for it?
A3: Sir, we intend to narrate under oath certain facts of personal
knowledge to describe how we intend to defend ourselves from this
case filed against us by Angela Datolio for alleged damages.
Q4: What can you now say about this case for damages that was filed
against you, and why do you think were you sued for damages?
A-4: Sir, after reading her complaint, we understand that Angela Datolio is
blaming us for her perceived aggravation of cancer because we failed
to pay her our indebtedness.
Q-5: How were you indebted to her?
A-5: As sheer housewives, we both experienced financial problems to
sustain the needs of our families, and so we decided to secure a loan from
Angela Datolio sometime in December 7, 2021. Together, we went to
her house and borrowed from her the amount of TWENTY THOUSAND
PESOS (PhP20,000.00) only, Philippine currency. As we recall, I,
ELVIRA VICENTE signed a promissory note, while I, MARIBEL O.
DATOLIO signed as witness.
Q-6: Did you receive the loaned money, and how do you intend to pay the
same?
A-6: Yes, we received the loaned money, as we promised to pay her a month
after.
Q-7: Were you able to repay her of the loan on the date that you promised?
A-7: No, Sir.
Q-8: So, what happened after you failed to pay your loan?
A-8: Angela then filed a complaint against us for collection of a sum of
money before the Office of the Barangay Council in Barangay
Cabatangan.
Q-9: Can you tell me what happened after she filed that complaint?
A-9: Our barangay then scheduled a personal confrontation between us
before the Lupong Tagapamayapa. We told Angela that we still did not
have the financial capacity to fully settle our obligation, but offered to
her SIX THOUSAND PESOS (PhP6,000.00), Philippine currency, to
lessen our debt.
Q-10: By the way, who attended those personal confrontations at the
barangay?
A-10: The complainant, Angela Datolio, assisted by her caregiver,
JHULGANDHI CARAMIAN PAJIJI, ourselves, and three (3) barangay
officers composing the Lupong Tagapamayapa.
Q-11: Do you recall how the collection complaint was described to you
during your personal confrontation?
A-11: Although Angela was around during our confrontation, but most of
the time, it was her caregiver who kept talking in her behalf.
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Q-12: May I know where in the barangay did you meet for personal
confrontation?
A-12: At the second floor of the Barangay Hall at Barangay Cabatangan.
Q-13: Do you recall if Angela had difficulty in attending those personal
confrontation meetings?
A-13: As we saw her, she could walk briskly as she went up and down the
stairs, and was not complaining.
Q-14: Earlier, you said that you made an attempt to partially settle your
obligation, so did Angela accept your offer of partial payment?
A-14: No, sir, because herself and her caregiver kept insisting that we pay in
full.
Q-15: What else happened during such personal confrontation;
A-15: Although Angela and her caregiver refused to accept our partial
payment, we were still able to amicably settle our case, as we signed an
Amicable Settlement agreement.
Q-16: Were you able to comply to this Amicable Settlement agreement?
A-16: Days after our personal confrontation had ended, I, ELVIRA
VICENTE, was able to raise TWENTY THOUSAND PESOS
(Php20,000.00) which I brought to the barangay in order to effect
payment of our debt. The money was even counted by Pangkat official
JERAIDA K. MALBAM, but she said that she can no longer compel
Angela to come to their office to receive such payment because
confrontation proceedings had been officially terminated. Nonetheless,
they informed Angela about the presence of cash, but she already refused
to accept the same.
Q-17: At this point, I have no further question necessary to elicit any other
information from you, unless you have anything else relevant to say
for the pursuit of this case. So, is there anything you want to add to
your previous statements?
A-17: Sir, we have none.
Q-18: You earlier took an oath to tell the truth, the whole truth, and nothing
but the truth. What is your understanding of your giving your answers
to the questions asked of you, as reflected in this judicial affidavit?
A-18: We are fully conscious that we answered the questions asked of us
under oath, and that we may face criminal liability for false testimony
or perjury, if found lying.
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(The examination of affiant ended at 1500H of February 13, 2023,
at the office of Atty. Yasser Hakim, at Stall E-39, Plaza del Pilar, Sta.
Barbara, Zamboanga City.)
= End of Judicial Affidavit =
ELVIRA VICENTE MARIBEL O. DATOLIO
Defendant Defendant
SUBSCRIBED AND SWORN TO before me, this _____ day of
February, 2023, at Zamboanga City, Philippines, ELVIRA VICENTE
exhibited to me her ID No. ________, issued on __________, 20__, by the
Republic of the Philippines and MARIBEL O. DATOLIO exhibited to me
her ID No. ________, issued on __________, 20__, by the Republic of the
Philippines.
Doc. No. _____;
Page No. _____;
Book No. _____;
Series of 2023.
ATTESTATION
I, Atty. YASSER HAKIM, of legal age, married, Filipino citizen,
resident of Zamboanga City, under oath depose and say that I am the lawyer
who conducted the examination of the above witness, that I faithfully
recorded the questions asked and the corresponding answers that the witness
gave, and neither I nor any person then present or assisting me coached the
witness regarding her answers.
Atty. YASSER HAKIM
Affiant
SUBSCRIBED AND SWORN TO before me, this _____ day of
February, 2023, at Zamboanga City, Philippines, affiant exhibited to me his
Non-Professional Driver's License No. _______________, valid until
_______________.
Doc. No. ____;
Page No. ____;
Book No.____;
Series of 2023.
Copy furnished:
Atty. EUNICE MAE ANN T. SERNEO
Plaintiff’s Counsel
ALBA DECIN LATIP & ASSOCIATES
Ground Floor, BSC Tower
Veterans Avenue, Camino Nuevo, Zamboanga City
