Regional Trial Court

Republic of the Philippines
REGIONAL TRIAL COURT

10TH Judicial Region
Branch 9
Malaybalay City, Bukidnon
CHEENE J. CANENCIA
Plaintiff, Civil Case No. 09876
For: Collection of Sum
-versus- of Money
MANGGA HUTAY
Defendant.
X---------------------------------------/
COMPLAINT AFFIDAVIT OF CHEENE J. CANENCIA
I, CHEENE J. CANENCIA, Filipino, of legal age, single, and a

resident of Phase 3, NHA, Casisang, Malaybalay City, Bukidnon, whereas
defendant, MANGGA HUTAY, is likewise a Filipino, of legal age, single,
and residing at Zone 2, Barangay 2, Malaybalay City, at which addresses
the parties herein may be served with summons and other court processes.
Plaintiff states under oath as follows:
That ATTY. YVONNE MARYKNOLL A. BIOYO is the counsel

who conducted and supervised my examination held at her office with
address at Caul Street, Barangay One, Malaybalay City, Bukidnon;
That I am answering the questions herein fully conscious that I do so

under oath and that I may be criminally liable for false testimony or perjury;
That this affidavit/testimony of the plaintiff is being offered to prove

that the defendant MANGGA HUTAY is indebted to the plaintiff the sum of
THREE HUNDRED TWENTY THOUSAND PESOS (P 320,000.00),
Philippine Currency. The plaintiffs testimony is also offered to prove that
the defendant has failed and refused and still fails and refuses to pay the said
indebtedness on due date to herein plaintiff, despite repeated requests and
demands;
That the following are the Questions propounded by Atty. Yvonne

Maryknoll A. Bioyo and my Answers in the English language:
1. Q: Do you swear to tell the truth and nothing but the

truth?
A: Yes Maam.
2. Q: Please state your name, and other personal

circumstances for the record.
A: I am Cheene J. Canencia, 35 years old, single, and a resident of
Phase 3, NHA, Casisang, Malaybalay City, Bukidnon.
3. Q: Are you the same Cheene J. Canencia, the

plaintiff, in this case?
A: Yes Maam.
4. Q: Do you know a certain person named Mangga Hutay?

A: Yes Maam. He borrowed money from me in the sum of Three
Hundred Twenty Thousand Pesos (P 320,000.00).
5. Q: How do you know Mr. Hutay?

A: He has been a family friend for more than 7 years now. He
frequently visits my parents house during occasions.
6. Q: When did Mr. Hutay borrow money from you?

A: On February 20, 2015, he asked to borrow One Hundred
Seventy Thousand Pesos (P170, 000.00) from me to help
finance his then fledgling company engaged in printing,
photocopying, and computer and mobile accessories. He
promised to pay after 6 months when the company profited
enough. Unfortunately, profits werent enough to compensate
expenses, so on September 10, 2015, he asked to borrow
another One Hundred Thousand Pesos (P100, 000.00) to
improve the store and resupply stocks. After another 6 months,
I reminded him to pay even just a portion of his debt, not really
demanded, considering that he was a family friend. He said he
will pay after another 3 months. He paid, on February 3, 2016,
the amount of Fifty Thousand Pesos (P50, 000.00), with the
promise of paying more in the next few months. On April 13,
2016, he said his mother got sick and was in need of money for
her operation, so he asked to borrow again another One
Hundred Thousand Pesos (P100, 000.00). Sometime in
November 2016, I asked him to pay some of his debts because I
too was in need of money. He said he will pay the following
month. That was the beginning of him evading me when I
called him or went to his house to ask for payment. I sent
informal demand letters in the hopes that we can settle it by
ourselves. He has not paid any other amount thereafter despite
repeated requests and demands.
7. Q: Do you have any proof of those transactions you stated?

A: Yes Maam, the promissory note he executed on February 20,
2015, attached hereto as ANNEX A; another promissory
note he executed on September 10, 2015, attached hereto as
ANNEX B; my copy of the receipt I executed upon receiving
his payment of Fifty Thousand Pesos (P50, 000.00), attached
hereto as ANNEX C; and the promissory note he executed
on April 13, 2016, attached hereto as ANNEX D.
8. Q: What other actions did you take upon seeing that Mr. Hutay
is not answering your calls or responding to your demand letters?
A: On January 30, 2017, I tried to settle it with Mr. Hutay
amicably thru the Lupon at Barangay 2, however, he failed to appear
during the times the Lupon had summoned him. The Lupon then
issued a Certificate to file a complaint in court, as attached hereto as
ANNEX E.
IN WITNESS WHEREOF, I have hereunto set my hand this February 28,

2017 at Malaybalay City, Bukidnon, Philippines.
CHEENE J. CANENCIA
Affiant
SUBSCRIBED AND SWORN to before me this 28th day of February
ATTY. YVONNE MARYKNOLL A.

BIOYO
Counsel for the Plaintiff
Roll No. 7635/ 4/2/08
IBP No. 390470/ 2/23/17
MCLE Compliance No. 736491/ 9/20/10
PTR No. 87236/ 8/23/10
VERIFICATION AND CERTIFICATION
I, CHEENE J. CANENCIA, of legal age, single, Filipino, and a

resident of Phase 3, NHA, Casisang, Malaybalay City, Bukidnon, after being
sworn according to law, hereby depose and state that:
1. I am a plaintiff in the above-stated case;
2. I caused the preparation of the foregoing complaint;
3. I have read the contents thereof and the facts stated therein are
true and correct of my personal knowledge and/or on the basis
of copies of documents in my possession;
4. I have not commenced any other action or proceeding involving

the same issues in the Supreme Court, the Court of Appeals, or
any other tribunal or agency;
5. To the best of my knowledge and belief, no such action or

proceeding is pending in the Supreme Court, the Court of
Appeals, or any other tribunal or agency; and
6. If I should thereafter learn that a similar action or proceeding

has been filed or is pending before the Supreme Court, the
Court of Appeals, or any other tribunal or agency, I undertake to
report that fact within five (5) days therefrom to this Honorable
Court.
IN WITNESS THEREOF, I have hereunto fixed my signature this

th
28 day of February 2017 at Malaybalay City, Bukidnon, Philippines.
CHEENE J. CANENCIA
Complainant
SUBSCRIBED AND SWORN to before me this 28th day of February

ATTY. YVONNE MARYKNOLL A. BIOYO

Roll No. 7635/ 4/2/08
IBP No. 390470/ 2/23/17
PTR No. 87236/ 8/23/10
ATTESTATION OF LEGAL COUNSEL
I, ATTY. YVONNE MARYKNOLL A. BIOYO, after having sworn

to in accordance with the law do hereby depose and state:
1. That I have faithfully recorded or caused to be recorded the questions
I asked and the corresponding answers that the plaintiff, Edgardo A.
Mutabato, gave;
2. That I have not nor any other person present or assisting coached the
plaintiff regarding his answers; and
3. That I fully understand that any false attestation shall subject me to

disciplinary action, including disbarment.
IN WITNESS THEREOF, I have hereunto affixed my signature this

th
28 day of February 2017 at Malaybalay City, Bukidnon, Philippines.
ATTY. YVONNE MARYKNOLL A. BIOYO

ATTY. NIO TULANG

Roll No. 9846/ 5/2/10
IBP No. 83743/ 3/20/17
PTR No. 75648/ 2/23/10

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Republic of the Philippines

REGIONAL TRIAL COURT

COMPLAINT AFFIDAVIT OF CHEENE J. CANENCIA

I, CHEENE J. CANENCIA, Filipino, of legal age, single, and a

That ATTY. YVONNE MARYKNOLL A. BIOYO is the counsel

That I am answering the questions herein fully conscious that I do so

That this affidavit/testimony of the plaintiff is being offered to prove

That the following are the Questions propounded by Atty. Yvonne

1. Q: Do you swear to tell the truth and nothing but the

2. Q: Please state your name, and other personal

3. Q: Are you the same Cheene J. Canencia, the

4. Q: Do you know a certain person named Mangga Hutay?

5. Q: How do you know Mr. Hutay?

6. Q: When did Mr. Hutay borrow money from you?

7. Q: Do you have any proof of those transactions you stated?

IN WITNESS WHEREOF, I have hereunto set my hand this February 28,

ATTY. YVONNE MARYKNOLL A.

I, CHEENE J. CANENCIA, of legal age, single, Filipino, and a

2. I caused the preparation of the foregoing complaint;

4. I have not commenced any other action or proceeding involving

5. To the best of my knowledge and belief, no such action or

6. If I should thereafter learn that a similar action or proceeding

IN WITNESS THEREOF, I have hereunto fixed my signature this

SUBSCRIBED AND SWORN to before me this 28th day of February

ATTY. YVONNE MARYKNOLL A. BIOYO

ATTESTATION OF LEGAL COUNSEL

I, ATTY. YVONNE MARYKNOLL A. BIOYO, after having sworn

3. That I fully understand that any false attestation shall subject me to

IN WITNESS THEREOF, I have hereunto affixed my signature this

ATTY. YVONNE MARYKNOLL A. BIOYO

ATTY. NIO TULANG

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