Date: June 16,2022

Ms. Elma Tan

Luz Estates
Cebu City

Re: Client’s Request for an Employment Contract

Dear Ms. Tan,

We are writing in behalf of our client, Ms. Linda Cruz who is your domestic
helper regarding her work assignment in your household without a formal
written contract.

In reference to Rule 2, Section 5 of Republic Act No.10361 otherwise

known as the “Domestic Workers Act”, it says;

“Before the commencement of the service, a written employment contract

between the Kasambahay and the employer shall be accomplished in three
(3) copies. The contract shall be in a language or dialect understood by both
the Kasambahay and the employer, and shall include the following:

(a) Duties and responsibilities of the Kasambahay, which include

the responsibility to render satisfactory service at all times;
(b) Period of employment;
(c) Compensation;
(d) Authorized deductions;
(e) Hours of work and proportionate additional payment;
(f) Rest days and allowable leaves;
(g) Board, lodging and medical attention;
(h) Agreements on deployment expenses, if any;
(i) Loan agreement, if any;
(j) Termination of employment; and
(k) Any other lawful condition agreed upon by both parties.”

Further, to guide you in making the employment contract, under Rule 4,

Section 1 of said RA 10361, it identifies the rights and privileges of the
Kasambahay as follows;

(a) Minimum wage;

(b) Other mandatory benefits, such as the daily and weekly rest periods,
service incentive leave, and 13th month pay;
 (c) Freedom from employers’ interference in the disposal of wages;
(d) Coverage under the SSS, PhilHealth and Pag-IBIG laws;
(e) Standard of treatment;
(f) Board, lodging and medical attendance;
(g) Right to privacy;
(h) Access to outside communication;
(i) Access to education and training;
(j) Right to form, join, or assist labor organization;
(k) Right to be provided a copy of the employment contract as required
in Section 7, Rule II;
(l) Right to certificate of employment as required in Section 5, Rule VII;
(m)Right to terminate the employment as provided in Section 2, Rule
and VII;

(n) Right to exercise their own religious beliefs and cultural practices.

With the foregoing, we are requesting you to please provide our client Ms.
Linda Cruz the mandatory Employment Contract in compliance to RA 10361.

Respectfully yours,

Atty.
Legal Counsel
 JOINT AFFIDAVIT
(In re Common law Cohabitation)

We, JOSE ANTONIO TAN BONIFACIO JR. and JUANA REYES

DELA CRUZ, both of legal age and Filipino citizens, and residents of
PARK POINT RESIDENCE, AYALA, CEBU CITY, after having been
duly sworn to in accordance with the law, hereby depose and say:

1. That we are the contracting parties who requested for marriage

solemnization without the need of a marriage license;

2. That we intend to wed this June 28, 2022, at 9oclock in the

morning;

3. That we intend to solemnized our marriage without marriage

license at Cathedral Church Cebu City;

4. That we have been dating since the year 2008;

5. That we have physically and actually lived together as husband and

wife last 2010 at GraceVille, Pasong Tamo;

6. That on June 7, 2017, we rented a place in Sigfred Village, Ermita

Manila, and live there as husband and wife;

7. That presently we now lived as husband and wife at Park Point

Residences, Ayala, Cebu City;

8. That we both do not have any impediment to contract marriage.

9. Given the foregoing it is thereby deposed that we have been

cohabiting as husband and wife for twelve (12) years without legal
impediment to contract a marriage, being eligible to contract a
marriage without a marriage license under the the Family Code, to
wit:

“Art. 34. No license shall be necessary for the marriage of a

man and a woman who have lived together as husband
and wife for at least five years and without any legal
impediment to marry each other. The contracting parties
shall state the foregoing facts in an affidavit before any
person authorized by law to administer oaths. The
solemnizing officer shall also state under oath that he
ascertained the qualifications of the contracting parties are
found no legal impediment to the marriage.”

10.That we are executing this Affidavit to attest to all the truth of the
facts aforestated for the purpose of compliance as regards to
marriage solemnization without a marriage license as provided by
Article 34 of the Family Code of the Philippines and for whatever
legal purpose this foregoing document may serve.
IN WITNESS WHEREOF, we hereby fixed our signature on the 18th day
of June 2022 in the City of Cebu, Philippines.

JOSE ANTONIO TAN BONIFACIO JR. JUANA REYES DELA CRUZ

AFFIANT AFFIANT

ACKNOWLEDGEMENT

SUBSCRIBED AND SWORN to before me this 19th day of June

2022 in Cebu City, Philippines. Affiants exhibited to me his competent
evidence of identity by providing their duly government issued Identification
Card.

_SARAH Z. DUTERTE
Notary Public
Roll Attorney number: 52676

Doc. No. 12;

Page No.25;
Book No. 23;
Series of 2022.
 JOINT AFFIDAVIT OF NO LEGAL IMPEDIMENT

WE, STELLA MARIA DE JESUS and JAKE VARGAS, of legal age

and both a resident of Sigfred Village, Ermita, Manila with Identification
Number 7777000 and 009999, respectively, having been duly sworn to in
accordance with the law, hereby depose and say:

1. That we attest that JOSE ANTONIO TAN BONIFACIO JR AND

JUANA REYES DELA CRUZ have been living together as husband
and wife for twelve (12) years without the benefit of marriage;

2. That Mr, Bonifacio and Ms. Dela Cruz have never been married in
their whole lifetime and that they have lived as husband and wife and
know as such at the time they became our neighbors in Sigfred
Village, Ermita, Manila;

3. That they have the legal capacity to enter into marriage and there are
no legal impediments that we know of;

4. That they are eligible to contract marriage without the need of a

marriage license as they are exempt by law pursuant to Article 34 of
the Family Code, to wit:

“Art. 34. No license shall be necessary for the marriage of a

man and a woman who have lived together as husband
and wife for at least five years and without any legal
impediment to marry each other. The contracting parties
shall state the foregoing facts in an affidavit before any
person authorized by law to administer oaths. The
solemnizing officer shall also state under oath that he
ascertained the qualifications of the contracting parties are
found no legal impediment to the marriage.”

5. That we bind ourselves to answer for any legal consequences if there

are legal impediments;

6. That we are executing this affidavit to attest to the truth of the

foregoing facts in support of our desire to have Mr. Bonifacio and Ms.
Dela Cruz to be married under Section 1 of Article 34 of the Family
Code of the Philippines and for other legal purpose it might serve.
 IN TRUTH WHEREOF, we have hereunto signed our names below,
this 18th day of June 2022, here at Manila, Philippines.

STELLA MARIA DE JESUS JAKE VARGAS

AFFIANT AFFIANT

ACKNOWLEDGEMENT

SUBSCRIBED AND SWORN to before me this 19th day of June

2022 in Cebu City, Philippines. Affiants exhibited to me his competent
evidence of identity by providing their duly government issued Identification
Card.

_LENI ROBREDO
Notary Public
Roll Attorney number: 56789

Doc. No. 12;

Page No.25;
Book No. 23;
Series of 2022.
 A F F I D A V I T OF PARENTAL SUPPORT AND CONSENT TO TRAVEL

We, RICHARD DE JESUS and LUCY DE JESUS of legal age, FILIPINO

CITIZENS and a resident of MARIA PAZ SUBDIVISION, CEBU CITY and with Passport
number ec2315 and ec2345, respectively, after having been duly sworn to in accordance with law
do hereby depose and state:

1. That I am/we are the biological father/mother and /or person exercising parental authority
over minors SALY DE JESUS with passport number ec0989, JAMES DE JESUS with
passport number ec6677. IVY DE JESUS with passport number ec 6670, ERIC DE
JESUS with passport number ec 8796, and IVY DE JESUS with passport number ec 0987;

2. That the children will travel to AUSTRALIA for tourism purposes;

3. That the mentioned children will be leaving on JANUARY 7, 2022 and will stay in the
said country until April 3,2022 and will be accompanied by us the biological parents;

4. That we are givingour full consent for the minor children to travel abroad to be
accompanied by us personally the biological parents;

5. That we personally guarantee the financial support of the children in the course of their
travel and stay outside the Philippines and further guarantee that they will not in any
manner become public ward/s of any authority of any country they may happen to pass en
route their destination;

6. That this affidavit was executed for the purpose of attesting to the truth of the foregoing
facts and for whatever legal purpose it may serve; and

7. Affiant further sayeth naught.

IN WITNESS HEREOF, I have hereunto set my hand this JANUARY 3,2022 in the
DEPARTMENT OF FOREIGN AFFAIRS of the Philippines, ERMITA, MANILA,
PHILIPPINES.

\
RICHARD DE JESUS LUCY DE JESUS

DEPARTMENT OF FOREIGN AFFAIRS

ERMITA, MANILA, PHILIPPINES

SUBSCRIBED AND SWORN to before me this 20TH day of June 2022 at the
Department of Foreign Affairs, Ermita Manila. affiants exhibited to me his/her/their passport/s.

Name Passport No. Date/Place of Issue

RICHARD DE JESUS ec 2315 October 5. 2019/ Ermita,Manila

LUCY DE JESUS ec2345 October 20. 2019/Ermita,Manila

SARAH Z DUTERTE
NOTARY PUBLIC
Attorney Roll No. 52676
REPUBLIC OF THE PHILIPPINES)
CITY OF CEBU) s.s
x x

AFFIDAVIT OF SERVICE WITH MOTION

I, LISA APRILIA GUSREYNA, of legal age, Filipino citizen, and with

office address at the ATTY. ZOE LIBARO LAW OFFICE in Juneo St.,
Capitol Villas, Cebu City, having been duly sworn to in accordance with law
do hereby depose and say that:

1. That I am a Paralegal Officer of Atty. Zoe Libaro, of the above

referred law firm and counsel for the petitioner;

2. That on June 18, 2022, I served a copy of the Motion to Recall Entry
of Judgment in the case of Republic of the Philippines v Marks
Antonius Guevarra by registered mail with registry receipt RTZ-
0097786 with return card to:

ATTY. HERNANI KING Registry Receipt:

JY SQUARE. CATMON, CEBU RTZ-0097786

As evidence by Registry Receipt indicated, copy of which is attached

in the original copy of said pleading.

I am executing this affidavit of Service to attest to the truth of the

foregoing facts and for any other purpose it may serve.

IN WITNESS WHEREOF, I have hereunto affixed my signature this

20 of June 2022, in the City of Cebu.
th

LISA APRILIA GUSREYNA

AFFIANT
 SUBSCRIBED AND SWORN TO before me this 20th day of June
2022 in Cebu City, Philippines, affiant exhibiting to me her valid proof of
identification.

Atty. Mary Georgia D. Perral

NOTARY PUBLIC
Attorney Roll No. 123456

Doc No. 12;

Page No. 15;
Book No. 5;
Series of 2022.
 REPUBLIC OF THE PHILIPPINES
Seventh Judicial Region
REGIONAL TRIAL COURT
Branch 7
Cebu City

PEOPLE OF THE PHILIPPINES

Plaintiff,

-versus- CRIM. CASE NO. 11175-1

FOR: ESTAFA

AVI SILVA
Accused,

x x

JUDICIAL AFFIDAVIT OF JESSILYN FERNANDO

PRELIMARY STATEMENT

The person examining me is ATTY. MARY GEORGIA PERRAL

with law office address at Jueno St., Capitol Villas, Cebu City. My Judicial
Affidavit is being taken at the above mentioned place. The questions are
asked in the English language but are translated in the Tagalog dialect which
I speak and fully understand and I am giving my answers fully conscious
that I do so under oath and that I am aware that I may face criminal liability
for false testimony or perjury for false statements made and given by me.

OFFER OF TESTIMONY

Testimony of witness Jessilyn Fernando is being offered to prove she

is a witness to the crime of Estafa. She will testify what she saw the day of
their transaction with the accused and what latter transpired in their agreement
dated…

1. Q: Mrs. Witness will you please tell the Honorable Court your name,
age, and other personal circumstances?
A: I am Jessilyn Fernando, 43 years old, a business woman and a
resident of No 24 Singson Village, Cebu City.

2. Q: What is the nature of your business?

A: I am engaged in the buying and selling of sacks of rice.

3. Q: How long did you endeavor your business?

A: It started in 2016 madam.
4. Q:How do you know Avi Silva the accused?
A: She is one of the rice supplier I transacted with.

5. Q: Do you remember what transpired between you and the accused in

the afternoon of June 18, 2022?
A: We were having a discussion in my house discussing a business deal.

6. Q: What business deal did you agreed upon?

A: I agreed to buy one thousand (1000) sacks of rice and that she
agreed to supply the same.

7. Q: How much did she ask for payment for the one thousand (1000)
sacks of rice?
A: Over One Million Five Hundred Six Thousand Pesos (P1,506,000)
for the One thousand (1000) sacks of rice.

8. Q: How much in total she owes you?

A: Over One Million Five Hundred Six Thousand Pesos (P1,506,000).

9. Do you have proof of the transaction?

A: Yes, a receipt signed by Ms. Avi Silva.

10.Q: Is this the receipt you are talking about?

A: Yes. It is sir.

11.Q: In this receipt whose signature is this?

A: It is the signature of my cousin Mary signed as witness.

MOTION: May I request this Honorable Court to mark this receipt as

Exhibit “A” and the signature of Mary as Exhibit “A-1”

12.Q: Did you demand the delivery of the one thousand (1000) sacks of
rice and in lieu thereof the return of the money paid?
A: Yes, by oral and written demand.

13.Q: Why did you file a case now?

A: Since I tried to give her a grace period to deliver what was asked
for but she went hiding.

14.Q: What did the accused do?

A: She never deliver the one thousand (1000) sacks of rice or returned
the money paid to her for the sacks of rice despite several demands to
her and she went hiding.

15.Q: If the accused is now inside the court room, will you look around
and identify her?
A: That is her, sir. (Witness pointing to Avi Silva)

16.Q: In connection to this case do you remember having executed a

judicial affidavit?
A: Yes, sir.
 17.Q: Is this your signature on the affidavit?
A: Yes, sir.

18.Q: For what purpose are you executing this Judicial Affidavit?
A: I am executing this statement as part of my testimony in the above
titled case.

19.Q: Ms. Witness, is there anything else you wish to add?

A: None, Madam.

IN WITNESS WHEREOF, I have hereunto set my hand this day of

18th of June 2022, at Cebu City, Philippines.

JESSILYN FERNANDO

AFFIANT

ATTESTATION CLAUSE

I, ATTY MARY GEORGIA PERRAL, hereby attest that I faithfully

recorded the questions propounded and the corresponding answers given by
the witness JESSILYN FERNANDO. I duly Interpreted the questions I
asked in the tagalog dialect which the witness understands and she provided
the answers the best way she could which were duly translated by me in the
ENGLISH Language. I did not in any way coach or taught or instruct the
witness on how to answer or any other person or persons then present or
assisting the witness regarding the latter’s answers.

ATTY. MARY GEORGIA PERRAL

Roll No. 51379-2006

IBP No. 808787-1/3/12

PTR No. 4128464- 1/3/12; CEBU

MCLE Compliance III No. 0013601

Issued on April 22, 2021

 SUBSCRIBED AND SWORN to before me this 17th day of JUNE
18TH
2022 at Cebu City, Philippines.

Administering Officer/Notary Public

ATTY. GEORGE DOMINGO

Roll No. 54579-2006

IBP No. 808797-1/3/12

TR No. 4228364- 1/3/12;Manila

MCLE Compliance III No. 0013821

Issued on April 22, 2014