JA Activity - Atilano, Jennifer Kate JDWT III EH408
JA Activity - Atilano, Jennifer Kate JDWT III EH408
JA Activity - Atilano, Jennifer Kate JDWT III EH408
-versus-
JUDICIAL AFFIDAVIT OF
JUAN DIMAYUGA
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:
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.
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.
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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.
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.
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 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.
JUAN DIMAYUGA
Affiant
4. That neither did I coach him nor were there any other person doing
the same regarding his answers to the questions;
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Signed this 23rd day of March 2023 in the City of Cebu, Philippines.