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SAMPLE FORM OF AFFIDAVIT OF LOSS

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August 31, 2016

SAMPLE FORM OF AFFIDAVIT OF LOSS

 

REPUBLIC OF THE PHILIPPINES )

MAKATI CITY                                   ) SS.

 

AFFIDAVIT OF LOSS

 

I, JUAN Z. REYES, of legal age, and with address at XXXXXXXXXX, under oath, state:

 

     1. THAT  I have a Citibank Mastercard bearing No. _____ and expiring  on _______ .

 

  1. THAT on XXXXX at around 5:30 PM I boarded a bus bound for Quezon City;

 

  1. THAT after I got off at corner EDSA and Quezon Avenue, I discovered that my wallet containing my aforesaid Citibank Mastercard was gone;

                                                                  

  1. THAT I exerted diligent effort to locate the same but to no avail and thus I consider my Citibank Mastercard as lost and can no longer be found;

 

  1. THAT I am executing this Affidavit to attest to the truth of the foregoing facts and to use the same for whatever legal purpose it may serve.

 

IN WITNESS WHEREOF, I hereunto affix my signature this XXXXXXX at Makati City.

 

 

JUAN Z. REYES

Affiant

 

SUBSCRIBED AND SWORN to before me this XXXXXX at Makati City, Affiant exhibiting to me his competent proof of identity bearing his picture and signature as described below:


NAME TYPE OF ID. NUMBER DATE AND PLACE OF ISSUANCE/ EXPIRY DATE.
 

JUAN Z.

REYES

 

 PASSPORT  XXXX  

ISSUED ON XXXX AT XXXX AND EXPIRING ON XXXX.

 


Doc. No. _____;

Page No. _____;

Book No. _____;

Series of ______.

Comment

CASE 2016-0000: MOMARCO IMPORT COMPANY, INC., PETITIONER, -VERSUS- FELICIDAD VILLAMENA, RESPONDENT (G.R. NO. 192477, 27 JULY 2016, BERSAMIN, J.) (REMEDY WHEN ONE IS DECLARED IN DEFAULT; DEFAULT JUDGMENT) (BRIEF TITLE: MONARCO VS. VILLAMENA)

Filed under: LATEST SUPREME COURT CASES, Uncategorized — 3 Comments
August 28, 2016

CASE 2016-0000: MOMARCO IMPORT COMPANY, INC., Petitioner, -versus- FELICIDAD VILLAMENA, RESPONDENT (G.R. NO. 192477, 27 JULY 2016, BERSAMIN, J.) (REMEDY WHEN ONE IS DECLARED IN DEFAULT; DEFAULT JUDGMENT)  (BRIEF TITLE: MONARCO VS. VILLAMENA)


DISPOSITIVE:

 

 “WHEREFORE, the Court DENIES the petition for review on certiorari; AFFIRMS the decision of the Court of Appeals promulgated on January 14, 2010; and ORDERS the petitioner to pay the costs of suit.

 

SO ORDERED.”

 

SUBJECTS/DOCTRINES/DIGEST:

 

GIST OF FACTS:

 

DEFENDANT FILED AN ANSWER BUT LATE. RTC DECLARED THEM IN DEFAULT. DEFENDANT DID NOT FILE MOTION TO LIFT ORDER OF DEFAULT. RTC RENDERED DEFAULT JUDGMENT. DEFENDANT APPEALED RTC’S ORDER DECLARING THEM IN DEFAULT AND THE DEFAULT JUDGMENT. CA AFFIRMED. DEFENDANT FILED PETITION IN THE SUPREME COURT QUESTIONING CA DECISION. SC AFFIRMED CA DECISION.

 

PETITIONER CLAIM THAT THE PERIOD TO FILE AN ANSWER HAS NOT YET COMMENCED BECAUSE OF THE DEFECTIVE SERVICE OF SUMMONS. IS HIS CONTENTION CORRECT?

 

NO. BY FILING AN ENTRY OF APPEARANCE, PETITIONER IS DEEMED AWARE OF THE COMPLAINT FILED.

 

JURISDICTION OVER THE PERSON OF THE DEFENDANT BECAME VESTED IN THE RTC AND CURED ANY DEFECT IN THE SERVICE OF SUMMONS.

 

WHAT OTHER ACT OR OMMISSION WAS CONSIDERED BY THE SUPREME COURT IN ITS DECISION DENYING THE PETITION?

 

DEFENDANT FAILED TO FILE A MOTION TO LIFT THE ORDER OF DEFAULT.

 

BUT DEFENDANT FILED AN OPPOSITION TO THE MOTION TO DECLARE IT IN DEFAULT. IS THIS NOT SUFFICIENT?

 

NO. THEY SHOULD HAVE FILED A MOTION TO LIFT ORDER OF DEFAULT AS PROVIDED IN THE RULES.

 

THE COURT NOTED THAT IN THEIR OPPOSITION, DEFENDANT TENDERED NO SUBSTANTIATION OF WHAT WAS ITS MERITORIOUS DEFENSE, AND DID NOT SPECIFY THE CIRCUMSTANCES OF FRAUD, ACCIDENT, MISTAKE, OR EXCUSABLE NEGLIGENCE THAT PREVENTED THE FILING OF THE ANSWER BEFORE THE ORDER OF DEFAULT ISSUED -THE CRUCIAL ELEMENTS IN ASKING THE COURT TO CONSIDER VACATING ITS OWN ORDER.

 

TO READ THE DECISION, JUST CLICK/DOWNLOAD THE FILE BELOW.

 

SCD-2016-0054-MOMARCO 

 

NOTE: TO RESEARCH ON A TOPIC IN YAHOO OR GOOGLE SEARCH  JUST TYPE “jabbulao and the topic”. EXAMPLE: TO RESEARCH ON FORUM SHOPPING JUST  TYPE “jabbulao and forum shopping”.

 

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SAMPLE FORM OF AFFIDAVIT – GENERAL FORMAT.

Filed under: FORMS — Leave a comment
August 24, 2016

SAMPLE FORM  OF AFFIDAVIT – GENERAL FORMAT.

 

REPUBLIC OF THE PHILIPPINES )

Makati City                                  ) SS.

 

AFFIDAVIT

 

I, JUAN DELA CRUZ, of legal age, single and with address at xxxxxxxxxxxxx, under oath, state:

 

  1. THAT I __________________________;

 

xxxxxx

xxxxxx

 

 

  1. THAT I am executing this Affidavit to attest to the truth of the foregoing facts and to use the same for whatever legal purpose it may serve.

 

 

IN WITNESS WHEREOF, I hereunto affix my signature this xx March 2016 at Makati City.

 

 

_____________________

            Affiant

 

 

SUBSCRIBED AND SWORN TO before me, this _______________, Affiant exhibiting to me his/her  competent evidence of identity bearing his/her picture and signature as described below:

 

NAME TYPE OF ID. NUMBER DATE AND PLACE OF ISSUANCE/EXPIRY DATE.
 

JUAN DELA CRUZ

 

  

PASSPORT

  

A34567

  

ISSUED ON 3/5/16 AND EXPIRING ON 3/5/21.


WITNESS MY HAND AND SEAL at the place and on the date first-above written.

 

Doc. No. _______;                    

Page No. _______;                   

Book No. ______;

Series of _______.

 

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