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    Representative For Coco Martyn Plaintiff: Republic of The Philippines Regional Trial Court Branch 23 Baguio City

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    Barbara Ignacio
    This document is the judicial affidavit of Atty. Leila Delima, a professor at Dr. Vicente Sotto Law School, in a civil case regarding promises made by defendants Atty. Bir and Atty. Lab to the plaintiff's brother Mr. Martyn. Atty. Delima witnessed a conversation where Mr. Martyn asked the defendants for passing grades, and they agreed while laughing. She also witnessed their interactions and comments afterwards. The affidavit was taken to establish the defendants' oral promise to give Mr. Martyn passing grades without conditions.

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    Representative For Coco Martyn Plaintiff: Republic of The Philippines Regional Trial Court Branch 23 Baguio City

    Uploaded by

    Barbara Ignacio
    41 views5 pages
    This document is the judicial affidavit of Atty. Leila Delima, a professor at Dr. Vicente Sotto Law School, in a civil case regarding promises made by defendants Atty. Bir and Atty. Lab to the plaintiff's brother Mr. Martyn. Atty. Delima witnessed a conversation where Mr. Martyn asked the defendants for passing grades, and they agreed while laughing. She also witnessed their interactions and comments afterwards. The affidavit was taken to establish the defendants' oral promise to give Mr. Martyn passing grades without conditions.

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    This document is the judicial affidavit of Atty. Leila Delima, a professor at Dr. Vicente Sotto Law School, in a civil case regarding promises made by defendants Atty. Bir and Atty. Lab to the plaintiff's brother Mr. Martyn. Atty. Delima witnessed a conversation where Mr. Martyn asked the defendants for passing grades, and they agreed while laughing. She also witnessed their interactions and comments afterwards. The affidavit was taken to establish the defendants' oral promise to give Mr. Martyn passing grades without conditions.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    41 views5 pages

    Representative For Coco Martyn Plaintiff: Republic of The Philippines Regional Trial Court Branch 23 Baguio City

    Uploaded by

    Barbara Ignacio
    This document is the judicial affidavit of Atty. Leila Delima, a professor at Dr. Vicente Sotto Law School, in a civil case regarding promises made by defendants Atty. Bir and Atty. Lab to the plaintiff's brother Mr. Martyn. Atty. Delima witnessed a conversation where Mr. Martyn asked the defendants for passing grades, and they agreed while laughing. She also witnessed their interactions and comments afterwards. The affidavit was taken to establish the defendants' oral promise to give Mr. Martyn passing grades without conditions.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 5

    Republic of the Philippines

    Regional Trial Court


    Branch 23
    Baguio City

    Kate Bliss,
    representative for Coco Martyn
    Plaintiff Civil Case No. 32790
    For: Damages
    -versus-

    Dr. Vicente Sotto Law School and


    Atty. Simon Bir, Atty. Richard Lab
    Defendant

    x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x

    JUDICIAL AFFIDAVIT OF ATTY. LEILA DELIMA

    I, ATTY. LEILA DELIMA, 40 years old, married, residing at


    Tacloban City, after having been sworn to in accordance with the law
    do hereby depose and state:

    That Atty. Manuela M. Kilton is the counsel who conducted and


    supervised my examination as a witness at her office at Door 12,
    Yaokasin Bldg. Rizal Ave. Street, Tacloban City, Philippines;

    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;

    PURPOSE: This affidavit / testimony of witness, ATTY. LEILA DELIMA,


    is being offered to prove that the defendants gave an oral promise to
    the plaintiff’s brother, Mr. Coco Martyn, passing grades for the subjects
    Taxation I and Labor Law II respectively without prior agreement or
    conditions whatsoever.

    Q1: Do you swear to tell the truth and nothing but the truth?
    A1: Yes Ma’am.

    Q2: Please state your name and other personal circumstances for the
    record.
    A2: I am Atty. Leila Delima, 40 years of age, married and resides in
    Tacloban City. I am one of the professors in Dr. Vicente Law
    School teaching Criminal Law Review and a colleague of the
    defendants.

    Q3: Do you personally know the plaintiff?


    A3: No Ma’am, but I personally know her brother, Mr. Martyn.

    Q4: What is your relation to the plaintiff’s brother?


    A4: He was one of my students in Criminal Law Review.

    Q5: What is your knowledge about the defendant-professors giving Mr.


    Martyn passing grades in the respective subjects they handle?
    A5: On February 5, 2015, at around 4:30 in the afternoon, I was in
    the faculty room together with other professors including Atty.
    Lab and Atty. Bir. Mr. Martyn went inside our room to personally
    talk to the two professors.

    Q6: Where were you exactly when their conversation took place?
    A6: I was seated at my table beside Atty. Lab’s table, talking about
    current news when Mr. Martyn entered the room.

    Q7: What do you remember of the conversation?


    A7: At first, Mr. Martyn was a bit hesitant and shy to ask the two
    professors about his grades, but eventually asked about it. He
    asked if they would be kind enough to give him a passing mark
    for Taxation I and Labor Law II since he has been studying Law
    for around nine (9) years already and that his parents would be
    so happy if he already graduated that year.

    Q8: What did the two professors respond after Mr. Martyn’s request?
    A8: They both laughed at first. Atty. Bir said “eto nalang ba yung
    mga bagsak mong grades?” (Are these your only failing grades?).
    Mr. Martyn replied in the affirmative and Atty. Lab said “cge na
    nga ipapasa kana namin, ang tagal mo na dito eh. Ha ha ha!”
    (Fine, we’ll give you a passing mark since you’ve been studying
    here for so long! Ha ha ha!)
    Atty. Bir also added “sige dahil mabait kami bibigyan kana namin
    ng tres dahil ang sipag mong mag-aral. Ha ha ha!” (Since we are
    so nice, we’ll give you a grade of 3 because you are such a
    diligent student! Ha ha ha!)
    Mr. Martyn even asked them if they were not kidding about it.
    The two professors nodded and said yes, that they were serious
    about it.
    Q9: What happened after this?
    A9: Mr. Martyn got so excited about the good news that he even
    hugged both the professors and thanked them at least three
    times.

    Q10: Okay. What happened after this?


    A10: I even gave a comment to Mr. Martyn saying “o isama mo kami
    sa graduation party mo ha! At mag take kana rin ng BAR exam
    this year. You should also top the BAR kasi nine (9) years kang
    nag-aral dito!” (You should invite us to your graduation party.
    Take the BAR exam this year. You should also top the BAR
    because you’ve been studying here for nine (9) years!)
    Mr. Martyn laughed and said “sana nga po, Ma’am! Thank you
    po!” (Hopefully, Ma’am! Thank you!)

    Q11: And then, what happened after?


    A11: Mr. Martyn went out of the room. I commented to the two “ang
    bait n’yo ha! Kung ako yun di ko bibigyan ng grade yun ng libre!”
    (You two are so nice! If that were me, I wouldn’t give him a
    passing grade for free!)
    Atty. Lab replied “hayaan mo na, nakakaawa eh, ang tagal na
    niya dito. Pagbutihan na lang niya sa BAR!” (Let it go. I pity him.
    He’s been here too long. I just hope he does well in the BAR!)

    Q12: What happened next?


    A12: All of us professors went back to what we were doing before Mr.
    Martyn came to our office. Some of the professors prepared for
    their classes, the others left.

    Q13: Do you have anything else to say, Atty Delima?


    A13: No more, Ma’am.

    IN WITNESS WHEREOF, I have hereunto affixed my signature


    this 12th day of March 2016 at Tacloban City, Philippines.

    Leila L. Delima
    ATTY. LEILA DELIMA
    Affiant

    SUBSCRIBED AND SWORN to before me, a notary public of


    Tacloban City on this 12th day of March 2016, affiant personally came
    and appeared before me, exhibiting her Passport No. 093462 issued
    on April 15, 2014 at Tacloban City, known to me and avowed under
    penalty of law to the whole truth of the contents of said instrument.

    Julia C. Romualdez
    Atty. Julia C. Romualdez
    NOTARY PUBLIC
    Until December 31, 2016
    PTR No. 050183/Baguio City/01-11-16
    Roll of Atty. No. 8121983
    IBP Lifetime Membership No. 9031984
    Tacloban City

    Doc. No. 28
    Page No. 04
    Book No. 06
    Series of 2016.

    ATTESTATION OF LEGAL COUNSEL

    I, JULIA C. ROMUALDEZ, Asst. Provincial Prosecutor, Detailed


    PPO-Tacloban City, Leyte, after having been sworn to in accordance
    with the law do hereby depose and say:

    1. That I have faithfully recorded or caused to be recorded the


    questions I asked and the corresponding answers that
    witness, Atty. Leila Delima, gave;
    2. That I have not, nor any other person present or assisting
    coached the witness regarding the witness’ answers; and
    3. That I fully understand that any false attestation shall subject
    me to disciplinary action, including disbarment.

    IN WITNESS WHEREOF, I have hereunto affixed my signature


    this 12th day of March 2016 at Tacloban City, Philippines.

    Manuela Kilton
    ATTY. MANUELA M. KILTON
    Counsel for Plaintiff
    31 Burgos Street, Tacloban City
    PTR No. 050183/Tacloban City/01-11-16
    Roll of Atty. No. 8121983
    IBP Lifetime Membership No. 9031984
    Both issued in Tacloban City
    MCLE Compliance V—005374
    Issued on January 11, 2016

    SUBSCRIBED AND SWORN to before me this 12th day of March


    2016 at Tacloban City, Philippines.

    Julia C. Romualdez
    Atty. Julia C. Romualdez
    NOTARY PUBLIC
    Until December 31, 2016
    PTR No. 050183/Baguio City/01-11-16
    Roll of Atty. No. 8121983
    IBP Lifetime Membership No. 9031984
    Tacloban City

    Doc. No. 28
    Page No. 04
    Book No. 06
    Series of 2016.

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