Republic of the Philippines
REGIONAL TRIAL COURT
7th Judicial Region
Branch 3
City of Tagbilaran
LEE ESTRADA JR.,
Petitioner,
-versus- Civil Case No. 6221
FOR BREACH OF CONTRACT
WITH DAMAGES
ALBERTO BAUTISTA,
Respondent.
X-----------------------------------------------/
JUDICIAL AFFIDAVIT OF LEE ESTRADA JR.
CONDUCTED BY ATTY. FRANCIS REYES
ON February 12, 2016, IN HIS LAW OFFICE
REYES LAW OFFICE, CALCETA STREET, TAGBILARAN CITY
Q1: Do you swear to tell the truth, all the truth and nothing but the
truth in this judicial affidavit?
A1: Yes, I do.
Q2: Are you aware that your statements or answers given in this
affidavit are under oath and therefore you may face criminal liability
for false testimony or perjury if any false statement or answer is
given by you in this affidavit?
A2: Yes.
Q3: Please state your name, age, address, highest educational
attainment, and occupation?
A3: I am Lee Estrada Jr., 42 years old, a resident of Victoria
Australia, a registered nurse and a dentist also.
Q4: Are you the same Lee Estrada Jr., the Plaintiff in this case?
A4: Yes.
Q5: Do you know a certain Alberto Bautista the respondent of this
case?
A5: Yes, I know him.
Q6: Why do you know him?
A6: He is the metal fabricator that I contracted to fabricate
equipment necessary for spraying mango trees to bear fruits.
Q7: Why are you here?
A7: I am here because I will execute a judicial affidavit.
Q8: Why do you want to file a case?
A8: I want to file a case against Alberto Bautista because of his
wanton malicious breach of our agreement to fabricate and deliver
the equipments that I contracted him to fabricate.
Q9. What are those equipments?
A9: They are two combined hose trolley, one lay flat hose reels, two
round hose reels and one chargeable pumps trolley.
Q10. What are these things for?
A10: I intend to use them in my mango farm, they are actually
equipments/tools to facilitate the process of spraying three hundred
sixty mango trees.
Q11: Where are these mango trees located?
A11: In Ubay, Bohol.
Q12: Who owns this Mango plantation?
A12: I own the plantation.
Q13: Why do you have a mango farm, knowing that you are a
Dentist by profession and working as a nurse in Australia.
A13: I want to have an additional income in the Philippines.
Q14: Have you tried receiving income from your farm and how much
if any?
A14: Yes, I earned about two hundred eighty thousand pesos which
is only one-third of the gross amount because I had them farmed by
a contractor.
Q15: When was that year?
A15: It was in 2012.
Q16: After that what happened?
A16: I found them lucrative that is why I decided to do the flower
induction and personally do the farming.
Q17: You work as a nurse in Australia, how can you be in the
Philippines where you work in Australia?
A17: I filed a leave of absence without pay from my work and focus
on farming.
Q18: When did you contract Alberto Bautista to fabricate the tools
you needed in flower induction?
A18: I hired his services in the last week of January 2014.
Q19: When you hired Alberto to fabricate your tools, did he agree or
accept to do the job?
A19: Yes.
Q20: Where was the agreement made?
A20: In his Shop at Giuo-ang, Guindulman, Bohol.
Q21: Do you have proof that indeed you and defendant Alberto
Bautista entered into a contract?
A21: Yes.
Q22: What is that proof?
A22: We have a written agreement that he personally signed after he
verbally agreed to do the job.
Q23: Showing to you a copy of a written agreement, what can you
say of this document?
A23: This is the written agreement that embody our contract.
Q24: Will you agree that these written agreement be marked as
Exhibit “ A” in this case?
A24: Yes, I agree.
Q25: After you had a contract with Alberto Bautista, what did he do?
A25: He asked for a down payment in the amount of Six Thousand
Pesos
(P 6,000.00).
Q26: Did you make the payment?
A26: Yes, I paid him six thousand pesos as down payment.
Q27: What happened next?
A27: Alberto Bautista instructed me to buy materials for the
fabrication of the tools.
Q28: What happened next?
A28: I went to Florinio General Merchandise in the town of
Guindulman to buy the materials.
Q29: Do you have proofs that indeed you and respondent Alberto
Bautista entered into a contract?
A29: Yes.
Q30: Do you have receipts that you bought the materials?
A30: Yes, I have receipts of purchase of the materials.
Q31: Showing to you this receipts, what can you say of this
document?
A31: These are the receipts of the materials I bought based on
Alberto’s instruction.
Q32: Will you agree that these receipts be marked as Exhibit “A1 and
A2” in this case?
A32: Yes, I agree.
Q33: After you bought the said materials, what did you do?
A33: I hired a motorcycle to bring the materials to Alberto’s Shop at
Guio-ang Guindulman, Bohol.
Q34: What happened next?
A34: I handed over the materials to Glenn and went home.
Q35: After that, what happened next?
A35: After two weeks, I went to Alberto’s shop to see the progress of
the work.
Q36: When you were at Alberto’s shop, what did you do? Did you ask
him if he was able to make the tools?
A36: He did not even commenced fabricating one tool instead he told
me to buy additional materials?
Q36: What happened next?
A36: I bought additional materials.
Q37: Can you remember how many times you were requested by
Alberto to buy materials?
A37: About seven (7) times.
Q38: Was Alberto Bautista able to finish some of the contracted
reelings?
A38: No, it was only after I demanded him to commenced that he
was able to make and finished two reelings before I left for Australia.
Q39: What did you do next?
A39: I went to Alberto’s Shop and I get the two finished reelings.
Q40: What happened next?
A40: Since I noticed that Alberto cannot possibly finish or complete
what we verbally agreed, to my disappointment, I wrote a written
agreement specifying the item of tools he contracted to fabricate for
me.
Q41: Did you state the duration of the period within which Alberto
Bautista will finish the metal works?
A41: Yes.
Q42: What was the duration of the period that you and Alberto
agreed for him to deliver all the finished tools?
A42: We agreed that he will deliver all the tools within two weeks
after I will arrive from Australia.
Q43: Did he voluntarily sign the agreement?
A43: Yes.
Q44: Do you have a copy of the said agreement?
A44: Yes.
Q45: Specifically, what was that agreement all about?
A45: It is the written agreement that Glenn Tan agree to deliver to
me all the tools the contracted him to fabricate within two weeks
after I will arrive in the Philippines.
Q46: After executing the said agreement, what did you do?
A46: Before I left for Australia February 16, 2015, I transferred the
remaining materials to my grandmother’s house at Tagbilaran City,
Bohol.
Q47: When you came back, what happened?
A47: I immediately proceeded to Alberto’s Shop and reminded him of
our agreement.
Q48: What happened next?
A48: I took the remaining materials from my grandmother’s house
and brought them back to Alberto’s Shop in order for him to continue
fabricating or finish what we agreed.
Q49: After that, what happened next?
A49: I patiently kept on visiting Alberto’s Shop to check whether he
continued his work as what we agreed but unfortunately he did not
do the work.
Q50: When you keep on coming to Alberto’s Shop, were you able to
have conversation with him?
A50: No, because he is always not in his Shop until one time he
violently approached me in front of his house/shop and confronted
me saying “UNSA IMONG GESULTI DOC?”
Q51: After he confronted you, what happened?
A51: Argument ensued between me and Alberto on that time, and I
demanded for the delivery of the equipments.
Q.52: During the confrontation with Alberto, did he explain why he
was not able to finish the equipments / tools.
A52: No, he was just angry why I keep on making a follow-up.
Q53: After that incident of having heated argument with Alberto,
what happened next?
A53: I went home empty handed.
Q54: When did this incident happened?
A54: The incident happened on the first week of October 2015.
Q55: After that, what happened next?
A55: I filed a complaint before the Barangay of Guio-ang,
Guindulman, Bohol, for his failure to deliver or finish the work within
the agreed time which causes me not to spray the mango trees for
flower induction.
Q56: What happened before the Barangay Conciliation?
A56: Alberto Bautista asked me to give him more time or extension
to finish his work for two (2) weeks.
Q57: What happened next?
A57: The Barangay Captain suggested to give Alberto the extension
which I agree.
Q58: After giving the time extension, what happened next?
A58: Alberto Bautista listed materials and directed me to purchase to
finish the work.
Q59: Did you buy the said materials?
A59: Yes.
Q60: After two weeks, what happened?
A60: I came back to Alberto’s Shop but he told me that the materials
were lacking.
Q61: When Alberto said that, what did you do?
A61: Because of my disappointment, I did not buy anymore the said
lacking materials because I noticed that it is always his excuse that if
he cannot deliver, he will tell me that the materials are lacking even if
I bought everything that he listed, and then I went home.
Q62: What happened next?
A62: I requested the Lupon ng Tagapamayapa to summon Alberto
Bautista.
Q63: After that, what happened?
A63: Alberto Bautista appeared before the Lupon ng Tagapamayapa
bringing with him reels but the reels were not in the accordance of
the specifications as what we agreed.
Q64: When you saw that the reels were wrongfully fabricated, did
you receive the reels?
A64: I protested because the said reels cannot be used because the
size is not correct, but I still get them because they were made of
materials that I bought with my money.
Q65: You mean the reels are useless?
A65: Yes.
Q66: What are these reels and trolleys for?
A66: The reels are where the hoses are rolled and trolleys are
intended to carry the pump machines that I will use in spraying in
my Mango Farm.
Q67: Do you have other set of these equipments?
A67: No, I relied on Alberto to comply and deliver the reels and
trolleys which will facilitate in the spraying of the Mango tress in
order to induce flowers.
Q68: You said Alberto delivered reels during your meeting before the
Lupon ng Tagapamayapa, were you able to use them?
A68: No, because Alberto Bautista made them not in their exact
specification which I requested or designed.
Q69: When was the date of your original plan to spray your Mango
trees?
A69: I planned to spray my Mango tress within two weeks after I
arrived from Australia.
Q70: When did you arrived in the Philippines?
A70: September 20, 2015.
Q71: Were you able to spray your Mango Trees within two weeks
from the date you arrived in the Philippines?
A71: No, because Alberto Bautista failed to deliver the fabricated
materials on the agreed date.
Q72: After that what happened?
A72: I sprayed only few mango trees and it was late because it was
already rainy season. Had Alberto delivered the equipment on time I
could have managed to spray all tress before the rain came.
Q73: Did you make any harvest?
A73: Yes, but it was only very few, I was not able to meet my
expected volume of fruits because it rained before I was able to
wrapped them with papers and protect the fruits due to late
spraying.
Q74: What volume of fruits did you expect to harvest?
A74: My estimate would be 50 to 60 tons.
Q75: How much was the kilo of Mangoes on the date you originally
expected to harvest?
A75: P100 per kilo because that was off-season, I was supposed to
harvest before new year.
Q76: How much was the cost of the chemicals?
A76: One Hundred Thousand Pesos (P100,000.00).
Q77: How much was your plane ticket from Australia to Philippines?
A77: Forty Thousand (P40,000.00) each way.
Q78: How much was your expenses in labor and transportation from
your farm to Guindulman?
A78: Ninety Thousand Pesos (P90,000.00).
Q79: Do you have proof that indeed the Barangay Secretary of
Barangay of Guio-ang, Municipality of Guindulman issued a Certificate
to File Action in connection with your complaint?
A79: Yes.
Q80: Showing to you the Certificate to File Action issued by the
Barangay Secretary of Barangay Guio-ang, Guindulman, Bohol, what
can you say of this document?
A80: This is the Certificate to File Action that was issued by the
Barangay Secretary of Barangay Guio-ang, Guindulman, Bohol.
Q81: Now, will you agree that this Certificate to File Action be
marked as Exhibit “B” in this case?
A81: Yes, I agree.
Q82: Now, after Alberto Bautista failed to deliver the fabricated
materials, despite oral and written demands made unto him, and
despite the complaint that you filed against them at the Office of
Barangay Guio-ang, Guindulman, Bohol, what did you do?
A82: I hired the services of a lawyer to assist me in filing and
prosecute my complaint for breach of contract.
Q83: Now, with the open refusal and failure of Alberto Bautista to
deliver the fabricated materials as what you agreed from your
agreement notwithstanding your oral and written demands, what did
you feel?
A83: I was emotionally affected causing me anxiety because I was
already expecting that I can have a good harvest.
Q84: Aside from that, what did you feel?
A84: I suffered sleepless nights and was emotionally burdened
because even if Alberto Bautista knew that I am now losing money
and time staying longer here in the Philippines, still he did not
recognize our agreement and even insulted me when he confronted
me in his house.
Q85: Now, since you hired a lawyer to file this case how much did
you pay for his legal services?
A85: I paid him P30,000.00 for acceptance fee and P3,500.00 for
every hearing of this case.
Q86: Now, aside from the expenses that you paid for your lawyer,
what else were your expenses?
A86: I can recall that I was made to pay the filing fee in this case in
the total amount of .
Q87: Do you have proof of that payment?
A87: Yes, I have Official Receipts issued by the court.
Q88: Showing to you these Official Receipts issued by the Espejo Law
Office, what can you say of these receipts?
A88: That will prove that I paid the total amount of P10,000.00.
Q89: Will you agree that these 3 Official Receipts issued by the
Regional Trial Court, Branch 50 of Munipality of Loay be
marked as Exhibits “C1, C2, C3”?
A89: Yes.
Q90: I have no more questions to ask from you, do you have
something more to say in this affidavit?
A90: No more, sir.
IN WITNESS WHEREOF, I hereunto affixed my signature this
th
13 of February, 2016 at Tagbilaran City, Bohol.
LEE ESTRADA JR.
Affiant
SUBSCRIBED AND SWORN to before me this 13th of February,
2016 at Tagbilaran City, Bohol.
ATTESTATION
I hereby attest that I conducted or supervised the examination
of Eugenio Prado Jr. in his judicial affidavit, that I faithfully recorded
the questions I asked and the corresponding answers he gave; that
neither I nor any other person then present coached the witness
regarding the answers given by him.
ATTY. FRANCIS REYES
Examining Attorney
Reyes Law Office, Calceta St., Tagbilaran City, Bohol
SUBSCRIBED AND SWORN to before me this 13th of February,
2016 at Tagbilaran City, Bohol.
