JA Activity - Atilano, Jennifer Kate JDWT III EH408

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Republic of the Philippines

7th Judicial Region


REGIONAL TRIAL COURT
Branch 58
Cebu City

TSUPAPI RUBBER GOODS Civil Case No.


EMPORIUM, represented by R-CEB-21-12345
ANNA TIRADO, For: Rescission of Contract
Plaintiff, Under Article 1191 of the
New Civil Code and Damages

-versus-

GOMA, INC., represented by


JUAN DIMAYUGA,
Respondent.
x-------------------------------------/

JUDICIAL AFFIDAVIT OF
JUAN DIMAYUGA

This Judicial Affidavit of Juan Dimayuga is executed to serve as his direct


testimony in the instant case. This Judicial Affidavit is offered to prove: (1)
all the allegations contained in the Defendant’s Answer to the complaint
filed by Plaintiff before the Honorable Court specifically that:

1. He admits the allegations put forth by the complainant including the


prayer to rescind the Production Contract entered into between Goma,
Inc. and Tsupapi Rubber Goods Emporium.
2. Despite his best efforts, he is unable to fulfill his obligation pursuant
to the terms of the said contract due to the COVID-19 pandemic as an
unforeseen event.
3. He denies the prayer for damages against him as he is now insolvent
after having suffered great financial loss due to the pandemic in that
his company, Goma, Inc., has recently closed down.
4. This ANSWER includes a prayer for rescission of the said contract as
well as to be released from such obligation in whole due to the
COVID-19 Pandemic as an unforeseen event pursuant to Article 1267
of the Civil Code.
5. To prove other matters relevant to have this complaint dismissed.

The examining counsel is Jesse Mary Cinco with address Rm 221, Aniceta
Bldg., Capitol Site, Cebu City, Philippines. The questions were propounded

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in English, which the witness fully understands, while ANSWERS were
given in English.

TESTIMONY:

Q1: Please state your name, age, residence and occupation.


A1: I am JUAN DIMAYUGA, thirty-eight (38) years old, married, a
resident of #143 H. Abellana St., Canduman, Mandaue City. I am the
President and CEO of Goma, a family-owned company engaged in the
manufacturing of rubber products at the same address as my residence.

Q2: Are you fully conscious and aware of the fact that whatever answers you
will make in this question and answer are all under oath and you may face
criminal liability for false testimony or perjury?
A2: Yes, I am.

Q3: Have you executed any document in relation to the case you have
mentioned?
A3: Yes, I did.

Q4: What was the document you executed?


A4: I have prepared my Judicial Affidavit for the said case.

Q5: Showing to you a 6-page Judicial Affidavit dated 17February 2023,


what relation, if any, has this document to the judicial affidavit you
executed?
A5: That is the same judicial affidavit I executed in connection with this
case, Sir.

Q6: Showing to you page 5, where there is a signature appearing atop the
printed name, Juan Dimayuga, please identify whose signature is this.
A6: That is my signature, Sir.

Atty. Cinco: We request that this 6-page Judicial Affidavit of Juan


Dimayuga identified by the witness be marked as Exhibit "1" and his printed
name and signature on page 7be marked as Exhibit "1-A"

Q7: Do you know Anna Tirado, the complainant in this case?


A7: Yes.

Q8: How did you know her?


A8: I know the complainant through a Production Contract we voluntarily
entered into in the name of our respective businesses. She is sole proprietor
doing business under the name and style Tsupapi Rubber Goods Emporium,
engaged in the distribution of rubber nipples and other rubber toys for
babies, with a business address at 69 Manalili St., Cebu City.

Q9: What brought you here in my office, SIR?

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A9: I am here to execute an ANSWER to the case filed by Tsupapi Rubber
Goods Emporium against me for rescission of contract and for damages. I
am respectfully asking for the Honorable Court to release me from this
obligation as a result of the COVID-19 pandemic which no one anticipated
the effect on businesses such as mine.

Q10: What makes you say that you have a cause of action to rescind the
contract?
A10: It is because despite extraordinary efforts on my part to supply the
demands of Tsupapi Rubber Emporium, such efforts were thwarted because
of the restrictions placed by the Government such as the quarantine
protocols that disallowed shipment of raw materials.

Q11: At the time you entered into a Production Contract with Tsupapi, what
were the circumstances then?
A11: It was on January 15, 2019 that I signed the contract with the
complainant; business was great then which was why we continued our
contractual relations without any trouble. There was never a time that I
defaulted in my obligation as I diligently made sure supplies of raw
materials from my contacts overseas were timely delivered.

Q12: What happened thereafter, if any?


A12: On March 1, 2020, Tsupapi ordered Php10M worth of specialized
rubber nipples and as per usual, made a 30% downpayment. I accepted the
job order.

Q13: What happened thereafter, if any?


A13: On March 15, 2020, the Philippine Government declared a nationwide
quarantine which put a stop to all movements including businesses such as
mine as my business was not considered an essential goods provider.

Q14: What is your proof of this, if any?


A14: Here is the list of allowed essential providers issued by the
Government which excludes my manufacturing business.

Atty. Cinco: We respectfully manifest that the list of allowed essential


providers dated March 15, 2020 identified by the witness has been
previously marked as Exhibit "1".

Q15: What can you say about the restrictions placed by the government?
A16: Those restrictions were unforeseen as a result of the unforeseen
pandemic. No one was prepared at all. There were so many businesses that
closed down, not to mention so many deaths on a daily basis in the first year
of the pandemic.

Q16: What were other ways or methods, if any, of complying with the said
terms of the Production Contract?

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A16: None. Absolutely none. Not only was the pandemic unforeseen, the
restrictions placed by the government along with it made it extremely
difficult to point that it was impossible for me to comply with the terms of
the contract I entered into with Tsupapi. I exhausted all efforts to supply the
demands of Tsupapi as best as I could to no avail.

Q17: What were your extraordinary efforts to supply the demands of the
complainant?
A17: I made numerous international calls from an overseas supplier,
negotiating for alternate shipping routes in order for the raw materials to be
delivered here to no avail.

Q18: What is your proof of this, if any?


A18: Yes. Here are the statements of my Globe Subscription for the year
2020.

Atty. Cinco: We respectfully manifest that the Globe Statements for the year
2020 identified by the witness has been previously marked as Exhibit "2".

Q19: You said that there were government restrictions that disallowed your
suppliers to send the raw materials in order to meet the demands of Tsupapi.
Do you have proof of this?
A19: Yes. Here are the LGU and National Government Advisories on the
COVID-19 Restrictions published since March 15, 2020.

Atty. Cinco: We respectfully manifest that the LGU and National


Government Advisories on the COVID-19 Restrictions published since
March 15, 2020 identified by the witness has been previously marked as
Exhibit "3".

Q20: As it stands, what is your financial status?


A20: I am now insolvent, forced to close down our family business due to
the pandemic and I have in fact filed for bankruptcy last January 1, 2022.

Q21: What is your proof of this, if any?


A21: Yes. Here is the copy of the pro-forma I submitted for such declaration
for bankruptcy.

Atty. Cinco: We respectfully manifest that the Petition for Bankruptcy dated
January 2, 2021 identified by the witness has been previously marked as
Exhibit "4".

Q22: What can you say to the Honorable Judge about this case?
A22: I sincerely hope that that the Production Contract I entered into with
the complainant Anna Tirado be rescinded on the ground of an unforeseen
event due to COVID-19 which resulted in my business being forcibly closed
down due to bankruptcy.

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Q23: Do you warrant that the documents attached with this affidavit are the
original copies or faithful reproduction of the original/certified true copies?
A23: I do.

Q24: Do you attest and confirm the veracity and truthfulness of this affidavit
and that it is based on your personal knowledge and documents in your
possession?
A24: I do.

In witness whereof, I have hereunto set my hand this 23 rd day of


March 2023 in the City of Cebu, Philippines.

JUAN DIMAYUGA
Affiant

SUBSCRIBED & SWORN TO before me this 23 rd day of March 2023


in the City of Cebu, Philippines, affiant exhibited to me his competent
evidence of identity bearing the details below the affiant’s name, who is
known to me to be the same person who executed this Judicial Affidavit.
ATTY. JESSE MARY CINCO
Roll No. 1234567
Doc No. _7__;
Rm. 221, Aniceta Bldg., Osmeña Blvd., Cebu
Page No. _8_;
City, Philippines
Book No. __9_;
PTR No. 8173523; 1/2/2023; Cebu City
Series of 2023.
IBP Lifetime Membership No. VII-356293
ATTESTATION
MCLE Compliance No. VII-1638325; 1/2/23;
Cebu City
I, JESSE MARY CINCO, of legal age, Filipino, married and holding
office at Rm. 221, Aniceta Bldg., Osmeña Blvd., Cebu City, Philippines,
after having been duly sworn to in accordance with law, do hereby
depose and state that:

1. I was the lawyer who conducted/supervised the affiant JUAN


DIMAYUGA in the execution of his judicial affidavit;

2. That the execution of said Judicial Affidavit was done in my office at


Rm. 221, Aniceta Bldg., Osmeña Blvd., Cebu City, Philippines on the
23rd day of March 2023;

3. That I faithfully recorded the questions and the corresponding


answers that he gave;

4. That neither did I coach him nor were there any other person doing
the same regarding his answers to the questions;

5. That I execute the foregoing affidavit to attest to the veracity of the


foregoing facts and for whatever legal purpose this may serve.

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Signed this 23rd day of March 2023 in the City of Cebu, Philippines.

JESSE MARY CINCO


Affiant

SUBSCRIBED AND SWORN to before me on the date and place


above mentioned, affiant having exhibited to me her Integrated Bar of the
Philippines ID No. 60106. I also hereby certify that I personally know
herein affiant, she being a partner in the law office.

Doc. No. __5__; ATTY. JOAN MAE DULHAO


Page No. ___4__; Notary Public
Book No. __3__; Commission No. VII-8126492; 1/2/2023;
Series of 2023. Cebu City
Roll No. 639424567
Rm. 321, Aniceta Bldg., Osmeña Blvd., Cebu
City, Philippines
PTR No. 813523; 1/2/2023; Cebu City
IBP Lifetime Membership No. VII-9982593
MCLE Compliance No. VII-5577325; 1/2/23;
Cebu City

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