Judicial Affidavit Template

Republic of the Philippines
Fourth Judicial Region

REGIONAL TRIAL COURT
Branch 71
Antipolo City
JERUZ YBANEZ, ET. AL.,

Plaintiffs,
-versus - SPECIAL CIVIL ACTION NO. 23-1857
EMPIRE EAST LAND

HOLDINGS, INC.,
MPOWER ELECTRIC UTILITY
CO. and THE CAMBRIDGE
VILLAGE CONDOMINIUM
ASSOCIATION, INC.
Defendants.
x-------------------------------------x
JUDICIAL AFFIDAVIT
OF PLAINTIFF (COMPLETE NAME)
The testimony of plaintiff, (COMPLETE NAME) was taken by Atty.

Jose Allan M. Tebelin on April 15, 2023, at his / her unit Cluster ___, Unit
___ at Cambridge Village, Cainta, Rizal.
OFFER OF TESTIMONY/NATURE OF TESTIMONY
Plaintiff (COMPLETE NAME), through the undersigned counsel,

respectfully offers the testimony of the former to prove the following:
1. His / Her personal circumstances;
2. He / She is one of the Plaintiffs in this case for Injunction to

enjoin the defendants from disconnecting the electricity service by reason
of non-payment of the Fuel Cost Recovery Adjustment (FCRA).
3. That defendant THE CAMBRIDGE VILLAGE CONDOMINIUM
ASSOCIATION, INC., EMPIRE EAST LAND HOLDINGS, INC., and MPOWER
ELECTRIC UTILITY CO. by way of trickery or misleading scheme, were
charging the residents unit owners and tenants of the so called “FUEL
COST RECOVERY ADJUSTMENTS” by it lump altogether in one bill, the
billings for the FCRA and the billings on the actual or regular consumption
and once payment is made by any of the residents plaintiffs, the defendant
would consider and apply the payments for the FCRA
instead for the regular billing, thus, it would appear that the plaintiffs did
not pay the actual electricity consumption, despite regular payments
thereof.
4. He / She together with all the plaintiffs herein have brought

the matter for mediation to the Energy Regulatory Commission but to no
avail.
5. To prove that the collection for the FCRA has no basis in fact
and in law.
6. He / She will identify and prove the relevant documents and

documentary exhibits in connection with this case.
7. Other relevant or related matters
TESTIMONY ON DIRECT EXAMINATION
The witness answered the questions knowingly, consciously and

voluntarily under oath and was informed that he may face criminal
liability for false testimony or perjury, with reservation to present
additional evidence in the course of the trial. Questions were propounded
to him in English, a language which he fully understands and answers
given were likewise made in English language.
Q1. Are you the same (COMPLETE NAME) one of the plaintiffs in
this case?
A1. Yes Sir.
Q2. Do you know the other defendants Mr. / Ms. Witness?
A2. Yes Sir.
Q3. Why did you file this Petition Mr. / Ms. Witness?
A3. We are against the imposition of FCRA
Q4. You said you are one of the unit owners at the Cambridge
Village, right? What then is your proof that that you own a unit in the
Cambridge village?
A4. (YOUR PROOF OF OWNERSHIP OR TENANTSHIP /
AUTHORIZATION with SOA if possible)
(COMPLETE NAME) Cluster ___, Unit ___
ATTY. TEBELIN: May we request the Honorable Court that the SOA
identified to by the witness be marked as Exhibit “A”.
COURT: Mark it.
Q5. Do you have any Identification Card that will support your
claim that you are really (COMPLETE NAME)?
A5. Yes Sir, I have attached a photocopy of my IDs in our petition
Sir.
ATTY. TEBELIN: May we request the Honorable Court that the driver’s
license identified to by the witness be marked as Exhibit “B”
Q6. How did you come to know of the defendant THE CAMBRIDGE
VILLAGE CONDOMINIUM ASSOCIATION, INC. is the administrator
appointed by defendant EMPIRE EAST Mr./Ms. Witness?
A6. They are our Developer and they manage our property.
Q7. What about the other defendant like the MPower, why did you
include it in this case?
A7. They are our Electric Provider
Q8. By the way, how many persons joined you in the filing of this
Petition?
A8. We are 600 more or less Sir.
Q9. What is your proof that you will be affected by the electricity
disconnections?
A9. We were able to secure a notice of disconnection in cluster ___

where my unit is located/included Sir.
Q10. What did you do if any upon learning about it?
A10. We organized a group then we had our representatives file a

case with the ERC and a complaint with the Mayor’s office in Cainta.
Q11. What happened next Mr. / Ms. Witness?
A11. We sought the help of the Energy Regulatory Commission

(ERC) for mediation Sir.
Q12. What happened to the mediation before the ERC Mr. / Ms.
Witness?
A12. Nothing happened Sir as we did not arrive at any settlement or
arrangement Sir.
Q13. What is your proof that nothing happened at the mediation

proceedings before the ERC Mr. / Ms. Witness?
A13. I have here a Resolution issued by the ERC terminating the

mediation Sir.
ATTY. TEBELIN: May we request the Honorable Court that the Resolution
issued by the ERC on the mediation between the defendant THE
CAMBRIDGE VILLAGE CONDOMINIUM ASSOCIATION, INC., EMPIRE
EAST LAND HOLDINGS, INC., and MPOWER ELECTRIC UTILITY CO. be
marked as our Exhibit “C”
Q14. What did you do next if any Mr. / Ms. Witness?
A14. We formed a group and decided to file this petition in court, because
the threat to cut the electricity is fast approaching so that we could ask the
court for a temporary restraining order or cease and desist order sir and to
stop the defendants THE CAMBRIDGE VILLAGE CONDOMINIUM
ELECTRIC UTILITY CO. from collecting the FCRA which has no basis in fact
and in law but only based on surmises and not on facts.
Q15. You said, that defendants THE CAMBRIDGE VILLAGE

CONDOMINIUM ASSOCIATION, INC., EMPIRE EAST LAND HOLDINGS,
INC., and MPOWER ELECTRIC UTILITY CO. by way of trickery or
misleading scheme, were charging the residents unit owners and tenants of
the so called “FUEL COST RECOVERY ADJUSTMENTS” by it lump
altogether in one bill, the billings for the FCRA and the billings on the
actual or regular consumption and once payment is made by any of the
residents plaintiffs, the defendant would consider and apply the payments
for the FCRA instead for the regular billing, thus, it would appear that the
plaintiffs did not pay the actual electricity consumption, despite regular
payments thereof, now my question is, do you have proof on the matter
Mr. / Ms. witness?
A15. Yes Sir, their billings (demand to pay) and receipts Sir.
Q16. Can you produce some of them Mr. / Ms. witness?
A16. Yes Sir, here it is Sir.

ATTY. TEBELIN: May we request the Honorable Court that the copy of
billing issued by defendant THE CAMBRIDGE VILLAGE CONDOMINIUM
ELECTRIC UTILITY CO. be marked as plaintiff’s Exhibit “_______”
Q17. I understand that you also have this prayer for the issuance of a
Writ of temporary restraining order Mr. / Ms. witness, what happened to it
if I may ask?
A17. The Honorable Court has denied it considering that there is no

more to be enjoined urgently as the defendants THE CAMBRIDGE VILLAGE
CONDOMINIUM ASSOCIATION, INC., EMPIRE EAST LAND HOLDINGS,
INC., and MPOWER ELECTRIC UTILITY CO. have decided not to push
through with their threats to cut or disconnect the electricity services on the
dates mentioned in their Third and Final Notice upon learning that we
have filed this case and also I believed that our Municipal Administrator
have somehow discouraged them from doing so since they opted to sign an
agreement not to cut the utilities without prior consulting the Municipality,
Sir.
Q18: Do you want that this Judicial-Affidavit of yours be used
in lieu of your oral testimonies in this case?
A18.: Yes Sir.
Q19. Do you swear unto the veracity and truthfulness of
everything that you stated here was true and correct according to your
own and personal knowledge and documents in your possession material
and relevant in this case, under penalty of contempt and perjury, Mr. / Ms.
Witness?
A19. Yes, Sir I swear under oath.
Q20. In the meantime, I have no further questions to you. Do
you have anything else to say Ms. Witness in connection with this case?
A20. Nothing further, Sir.
IN WITNESS WHEREOF, I hereunto affix my signature this 15th day
of APRIL 2023, in Cambridge Village, Cainta.
(COMPLETE NAME AND SIGNATURE)

Affiant
PANUNUMPA
AKO, ay nanunumpa sa katotohanan ng aking salaysay sa aking
paglagda sa ilalim. Alam ko ring sinagutan ko ang mga nasabing mga
katanungan sa ilalim ng sumpa at maaari akong maharap sa kasong
criminal dahil sa kahit ano mang aking nasabi na kasinungalingang
nakapaloob sa aking salaysay. Tinitiyak ko ring ang mga dokumentong
nakalakip sa aking Judicial Affidavit o salaysay ay tunay o original na
ibinigay sa akin ng aking isinasakdal at yun iba ay kapareho ng mga
orihinal na dokumento.
(COMPLETE NAME AND SIGNATURE)

Sumusumpa
LUMAGDA AT NANUMPA sa aking harapan ngayong ika 15 ng

Abril 2023, dito sa Cambridge Village, at ipinakita sa akin ang kanyang
Government issued Identification Card bilang patunay ng kanyang
pagkakakilanlan.
Doc No._____;
page No.____;
Book No.____;
Series of 2023.
EXAMINING COUNSEL’S ATTESTATION

I, JOSE ALLAN M. TEBELIN, of legal age, married, Filipino with office address
at Unit 6E Marvin Plaza, Don Chino Roces Avenue, Brgy. Pio del Pilar, Makati City,
under oath deposes and states:
1. I am the counsel for the Plaintiff (COMPLETE NAME) in this case;
2. I conducted the examination of the said witness in this Judicial-Affidavit

at Mr. COMPLETE NAME given address at the Cambridge village, Cainta, Rizal
and I faithfully recorded or caused to be recorded the questions I asked and the
corresponding answers that said witness gave in connection thereto.
3. Neither I nor any other person then present or assisting me coached the
witness regarding her answers to all my questions.
4. I am aware that a false attestation shall subject me to disciplinary action,

including disbarment.
5. That his Judicial-Affidavit was subscribed under oath before Notary

Public and also the verification Affidavit of Non-Forum Shopping attached to the
Petition.
IN WITNESS WHEREOF, I have hereunto set my hand this 15 th day of April

2023, in Cluster ___, Unit ___, Cambridge Village.
JOSE ALLAN M. TEBELIN

Affiant
REPUBLIC OF THE PHILIPPINES )

) S.S.
SUBSCRIBED AND SWORN to before me, a Notary Public for _______,

Philippines on April 15, 2023, by affiant who is personally known to me and whose
identity I have confirmed through his IBP National ID with No. 05467 issued by the
Integrated bar of the Philippines bearing affiant’s photograph and signature.
Doc. No._____;
Page No._____;
Book No._____;
Series of 2023.

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Republic of the Philippines

Fourth Judicial Region

JERUZ YBANEZ, ET. AL.,

-versus - SPECIAL CIVIL ACTION NO. 23-1857

EMPIRE EAST LAND

The testimony of plaintiff, (COMPLETE NAME) was taken by Atty.

OFFER OF TESTIMONY/NATURE OF TESTIMONY

Plaintiff (COMPLETE NAME), through the undersigned counsel,

1. His / Her personal circumstances;

2. He / She is one of the Plaintiffs in this case for Injunction to

4. He / She together with all the plaintiffs herein have brought

6. He / She will identify and prove the relevant documents and

7. Other relevant or related matters

TESTIMONY ON DIRECT EXAMINATION

The witness answered the questions knowingly, consciously and

A7. They are our Electric Provider

A8. We are 600 more or less Sir.

A9. We were able to secure a notice of disconnection in cluster ___

Q10. What did you do if any upon learning about it?

A10. We organized a group then we had our representatives file a

Q11. What happened next Mr. / Ms. Witness?

A11. We sought the help of the Energy Regulatory Commission

Q13. What is your proof that nothing happened at the mediation

A13. I have here a Resolution issued by the ERC terminating the

Q14. What did you do next if any Mr. / Ms. Witness?

Q15. You said, that defendants THE CAMBRIDGE VILLAGE

Q16. Can you produce some of them Mr. / Ms. witness?

A16. Yes Sir, here it is Sir.

A17. The Honorable Court has denied it considering that there is no

(COMPLETE NAME AND SIGNATURE)

(COMPLETE NAME AND SIGNATURE)

LUMAGDA AT NANUMPA sa aking harapan ngayong ika 15 ng

EXAMINING COUNSEL’S ATTESTATION

1. I am the counsel for the Plaintiff (COMPLETE NAME) in this case;

2. I conducted the examination of the said witness in this Judicial-Affidavit

4. I am aware that a false attestation shall subject me to disciplinary action,

5. That his Judicial-Affidavit was subscribed under oath before Notary

IN WITNESS WHEREOF, I have hereunto set my hand this 15 th day of April

JOSE ALLAN M. TEBELIN

REPUBLIC OF THE PHILIPPINES )

SUBSCRIBED AND SWORN to before me, a Notary Public for _______,

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