JAR Plaintiff Final

REPUBLIC OF THE PHLIPPINESREGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGIONBRANCH 250

MUNTINLUPA CITY

ANTONIO BOMBA, ISSA DOLERO, MIKE KWARTO, CIVIL CASE No. 12345678VINCENT MANAL, and MAXI PARI For: Damages Plaintiff,

-versus-

CITY OF MUNTINLUPA, Defendant,

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

JUDICIAL AFFIDAVIT OF JOHN NITOR

This Judicial Affidavit of JOHN NITOR is executed to serve as his direct testimony in the instant case. This Judicial Affidavit is offered to prove: (1) all the allegations in the Complaint; (2) including all the ANNEXES appended thereto, which he respectfully requests to be correspondingly marked as EXHIBITS in this case; and (3) all matters related thereto, with reservation to present additional exhibits in the course of the proceedings of the instant case.

QUESTIONS were propounded by plaintiff’s counsel, Atty.Claire Anne Paralejas, in English, which the affiant fully understands, while ANSWERS were given in English or Tagalog and the corresponding translation of his answer is provided after each question.

1. Please state your name, age, residence address, and occupation.

Ans. John Nitor, 39 years old, 90 Lovely street, Marcos compound, Putatan, Muntinlupa City, janitor of Public Market of City of Muntinlupa.

2. How long are you employed as janitor of the public market of City of Muntinlupa?

Ans. 15 years.

3. In your job as a janitor, how often do you clean around the area of the septic tank?

Ans. Twice a week.

4. In the 15 years of working as a janitor, have you ever seen the septic tank re-emptied?

Ans. No.

5. Does the Public toilet in the public market have ventilation?

Ans. No.

6. Please describe the Public toilet.

Ans. The public toilet has three (3) cubicles and two (2) sinks and there are no windows.

7. How about the septic tank, can you describe it?

Ans. Yes.

8. Please describe the septic tank and its ventilation.

Ans. It has cover. There is no other means of emission of gas but through the cover.

9. Given that the septic tank was not re –emptied for nineteen (19) years, do you think if people were to open the septic tank cover and without ventilation in the public toilet, would such people inhale toxic gas that are emitted from the same that may cause their death?

Ans. Yes.

10. Do you attest to the truthfulness of your statements and allegations in the Judicial Affidavit?

Ans. Yes.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 14th day of January 2015, Muntinlupa City, Philippines.

____________ JOHN NITOR

WitnessAffiant

JURAT

SUBSCRIBED AND SWORN to before me, a notary public in and for John Nitor, this 12th day of January, 2015, at Muntinlupa City, Philippines, affiants appearing before me with the following:

AFFIANT COMMUNITY TAX CERTIFICATE ISSUANCE NO.

John Nitor 90876567 01/05/2015-Muntinlupa

AFFIANT TIN NO. ISSUANCE

John Nitor 4234-2678-2875 01/06/2015-Muntinlupa

presenting to me the above instrument, affiant is identified through his officially issued identity card bearing his photograph and signature and Community Tax Certificate and who signed said document in my presence and sworn as to said document that he understood the contents thereof and that the same was his free and voluntary act and deed.

PARALEJAS AND QUITCOLaw Office

Counsel for the PlaintiffUnit 1, Southgate Building,

Madrigal Business Park, Alabang, Muntinlupa City

By:

CLAIRE ANNE F. PARALEJASPTR No. 1234567 01.03.12

Muntinlupa City IBP No. 112233 01.29.12

PPLM Chapter Roll No. 09876

VERICSON D. QUITCOPTR No. 0987654 01.03.12



Copy furnished by Registered Mail w/ Return Card:PADRE RESURRECCION & RODRIGUEZCounsel for the Defendant23rd Floor, Multinational Centre6805Ayala Avenue,Makati City

ATTESTATION

We, the undersigned counsels, of legal age, single, and a resident of Muntinlupa City, after having been duly sworn to in accordance with law, hereby depose and say, that:

(1) I am the counsel of ANTONIA BOMBA, ISSA DOLERO, MIKE KWARTO, VINCENT MANAL and MAXI PARI in Case No.1001

(2) I faithfully recorded or caused to be recorded the questions I asked and the corresponding answers that the witness gave for his Judicial Affidavit, and

(3) Neither I nor any other person then present or assisting him coached the witness regarding the latter’s answers.





By:







EXPLANATION

Due to time, distance and manpower constraints, copies of this Pre-trial Brief are being filed and served by registered mail. Muntinlupa City, February 18, 2015.




By:







Doc. No. 2;Page No. 1;Book No. 1;Series of 2015.



MUNTINLUPA CITY


-versus-


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

JUDICIAL AFFIDAVIT OF MANNY GER

This Judicial Affidavit of MANNY GER is executed to serve as his direct testimony in the instant case. This Judicial Affidavit is offered to prove: (1) all the allegations in the Complaint; (2) including all the ANNEXES appended thereto, which he respectfully requests to be correspondingly marked as EXHIBITS in this case; and (3) all matters related thereto, with reservation to present additional exhibits in the course of the proceedings of the instant case.

QUESTIONS were propounded by plaintiff’s counsel, Atty. Claire Anne Paralejas, in English, which the affiant fully understands, while ANSWERS were given in English or Tagalog and the corresponding translation of his answer is provided after each question.


Ans. Manny Ger, 45 years of age, 87 Baguio street, McKinley Village, Alabang, Muntinlupa City and Supervisor of the Muntinlupa Public Market.

2. How long are you employed as supervisor of the public market of City of Muntinlupa?

Ans. 5 years.

3. What are the work included in your job description in relation to the safety and cleanliness of the public toilet in the public market?

Ans. To make sure the place is at all times clean and also for the safety of the people using the same, to put up warning signs such as “Wet floor” and other related signs.

4. So you allocate budget for the warning signs?

Ans. Yes.

5. In case the septic tank is re-emptied, is it in your job to put up warning signs that toxic gas may be emitted, as in the case if the floor has just been mopped to put “wet floor” sign?

Ans. No, it not required for us to do so.

6. Then not putting up the warning sign that toxic gas would be emitted if in case of re-emptying of the septic tank would defeat your purpose in making sure of the safety of the people using the public toilet?

Ans. Yes.


Ans. YES.


______________MANNY GER

WitnessAffiant

JURAT

SUBSCRIBED AND SWORN to before me, a notary public in and for Manny Ger, this 11th day of January, 2015, at Muntinlupa City, Philippines, affiants appearing before me with the following:


Manny Ger 90876567 01/05/2015-Muntinlupa

AFFIANT TIN NO. ISSUANCEManny Ger 4234-2678-2875 01/06/2015-Muntinlupa

presenting to me the above ANSWER, affiant is identified through her officially issued identity card bearing her photograph and signature and Community Tax Certificate and who signed said document in my presence and sworn as

to said document that he understood the contents thereof and that the same was his free and voluntary act and deed.




By:







Copy furnished by Registered Mail w/ Return Card:PADRE RESURRECCION & RODRIGUEZCounsel for the Defendant23rd Floor, Multinational Centre6805Ayala Avenue,Makati City

ATTESTATION









By:







EXPLANATION





By:







Doc. No. 3;Page No. 1;

Book No. 1;Series of 2015.



MUNTINLUPA CITY


-versus-


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

JUDICIAL AFFIDAVIT OF MARCO POLO

This Judicial Affidavit of MARCO POLO is executed to serve as his direct testimony in the instant case. This Judicial Affidavit is offered to prove: (1) all the allegations in the Complaint; (2) including all the ANNEXES appended thereto, which he respectfully requests to be correspondingly marked as EXHIBITS in this case; and (3) all matters related thereto, with reservation to present additional exhibits in the course of the proceedings of the instant case.

QUESTIONS were propounded by plaintiff’s counsel, Atty.Claire Anne Paralejas, in English, which the affiant fully understands, while ANSWERS were given in English or

Tagalog and the corresponding translation of his answer is provided after each question.


Ans. Marco Polo, 32 years of age, 12 Mahogany street, Polar Village, San Antonio, Muntinlupa and Engineer.

9. Which line of expertise are you engaged at in exercise of your profession as Engineer?

Ans. Civil and Sanitary Engineer, mainly construction and maintenance of septic tanks.

10. Have you ever had the chance to inspect the septic tank in the public market of Muntinlupa?

Ans. Yes.

11. When were you able to inspect the same?

Ans. January 8, 2015 upon the approval of the city government to inspect the same for the purpose of this case.

12. From your expert observation and findings, describe the septic tank.

Ans. It complied with the minimum requirements of the law in constructing septic tanks such as the inspection manhole that is in 0.42m2 in which the minimum area is 0.36m2. Also, that it is located in not less than 25 meters away from well, spring, cistern or other sources of drinking water supply.

However, the vented outlet baffle or sanitary tee was damaged in which there is a problem releasing the gas in the same from the septic tank as in its usual escape.

13. What do you think will be the effect of the damaged outlet baffle?

Ans. Different from the usual escape of gas from the septic tank, such escape would be faster that would release more toxic gas in the air.


Ans. Yes.


______________MARCO POLO

WitnessAffiant

JURAT

SUBSCRIBED AND SWORN to before me, a notary public in and for Marco Polo, this 11th day of January, 2015, at Muntinlupa City, Philippines, affiants appearing before me with the following:


Marco Polo 90876567 01/05/2015-Muntinlupa

AFFIANT TIN NO. ISSUANCEMarco Polo 4234-2678-2875 01/06/2015-Muntinlupa

presenting to me the above instrument, affiant is identified through his officially issued identity card bearing his photograph and signature and Community Tax Certificate and who signed said document in my presence and sworn as to said document that he understood the contents thereof and that the same was his free and voluntary act and deed.




By:







Copy furnished by Registered Mail w/ Return Card:PADRE RESURRECCION & RODRIGUEZCounsel for the Defendant

23rd Floor, Multinational Centre6805Ayala Avenue,Makati City

ATTESTATION









By:







EXPLANATION





By:







Doc. No. 4;Page No. 1;Book No. 1;Series of 2015.

Documents

JAR Plaintiff Final