Republic of the Philippines

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
Quezon City, BRANCH 77

ALVIN PATRIMONIO
Plaintiff,

-versus- CIVIL CASE NO. R-QC-20-0111-CV

FOR: Declaration of Nullity of Loan and
Claim for Moral and Exemplary Damages

OCTAVIO MARASIGAN III

Defendant.
x------------------------------------------x

OCTAVIO MARASIGAN III

Third-Party Plaintiff,

-versus-

NAPOLEON GUTIERREZ
Third-Party Defendant.
x------------------------------------------x

FORMAL OFFER OF EVIDENCE

Plaintiff, ALVIN PATRIMONIO, through undersigned counsel and unto this Honorable
Court, most respectfully offers its documentary exhibits as follows:

EXHIBIT NAME DESCRIPTION PURPOSE OF OFFER OF

EVIDENCE
Exhibit “A” Certificate of Incorporation of To prove that Slam dunk is a
Slamdunk Corporation corporation duly existing and
registered under Philippine
Laws and that both Plaintiff
Patrimonio and Defendant
Gutierrez entered into a
business venture of
production outfit that
produced mini-concerts and
shows related to basketball.
Exhibit “B” Article of Incorporation of Same as Exhibit “A”
Slamdunk Corporation
Exhibit “C” By-laws of Slamdunk Same as Exhibit “A”
Corporation
Exhibit “D” Photocopy of Marked blank To prove that the issuance of
checks which were pre-signed pre-signed checks by the
by Plaintiff Plaintiff is to solely answer
for the expenses of Slam
dunk Corporation which were
entrusted to Defendant
Gutierrez.
Exhibit “E” Letter dated June 7, 1994 in To prove that Plaintiff
response to demand letters Patrimonio did not authorize
sent by Defendant Octavio Defendant Gutierrez to
Marasigan III contract a loan in his behalf
in favor of Defendant
Marasigan.
Exhibit “F” Judicial affidavit of Alvin To prove that he executed a
Patrimonio Judicial Affidavit in
connection with this case,
narrating the facts and
circumstances surrounding
the issuance of pre-signed
checks to Defendant
Gutierrez with specific
instruction not to fill them out
without previous notification
to and approval of Plaintiff
Patrimonio.

and

To prove other relevant

and/or material allegations in
the complaint.
Exhibit “F-1” Signature of Alvin Same as Exhibit “F”
Patrimonio found in the lower
right side of his judicial
affidavit
Exhibit “G” Judicial affidavit of Ambet To prove that Defendant,
Nambus Octavio Marasigan has
knowledge that the loan
contracted by Third Party
Defendant, Napoleon
Guiterrez is not for Alvin
Patrimonio
 And

To prove other relevant

and/or material allegations in
the complaint.
Exhibit “G-1 Signature of Ambet Nabus Same as Exhibit “G”
found in the lower right side
of his judicial affidavit

Exhibit “H” Judicial affidavit of Carlita 1. To prove that the

Gonzales issuance of checks by
Plaintiff is for the
expenses of Slam Dunk
Corporation

2. To prove that the checks

were used by Napoleon
Gutierrez to contract a
loan with Octavio
Marasigan without
Plaintiff’s consent and
knowledge

And

3. To prove other relevant

and/or material
allegations in the
complaint.
Exhibit “H-1” Signature of Carlita Gonzales Same as Exhibit “H”
found in the lower right side
of her judicial affidavit

In lieu of the in-court cross examination under Rule 132 (A) Sec. 6 of the Rules of Court, Plaintiff
Alvin Patrimonio, most respectfully offers its documentary evidence as follows:
Document Name Description Purpose
Cross-Examination Question Cross-examination questions In lieu of the in-court cross
for Octavio Marasigan III directed against Defendant examination under Rule 132
Octavio Marasigan III (A) of Sec. 6 of the Rules of
Court
Cross-Examination Question Cross-examination questions In lieu of the in-court cross
for Michaela Anne Capili directed against Michaela examination under Rule 132
Anne Capili, witness for the (A) of Sec. 6 of the Rules of
defendant Court
Cross-Examination Question Cross-examination questions In lieu of the in-court cross
for Jose Dela Cruz directed against Jose Dela examination under Rule 132
Cruz, witness for the (A) of Sec. 6 of the Rules of
defendant Court
Cross-Examination Question Cross-examination questions In lieu of the in-court cross
for Napoleon Gutierrez directed against Third Party examination under Rule 132
Defendant, Napoleon (A) of Sec. 6 of the Rules of
Gutierrez Court
Cross-Examination Question Cross-examination questions In lieu of the in-court cross
for Christa B. Alawi directed against Christa examination under Rule 132
B.Alawi, witness for the (A) of Sec. 6 of the Rules of
Third Party Defendant Court
ANSWER OF ALVIN Answer of Plaintiff to the To answer the requested
PATRIMONIO FOR THE Requested Cross- questions of Defendant,
REQUEST FOR CROSS- Examination of Octavio Octavio Marasigan III
EXAMINATION OF Marasigan III directed against Alvin
DEFENDANT, OCTAVIO Patrimonio
MARASIGAN III
ANSWER OF ALVIN Answer of Plaintiff to the To answer the requested
PATRIMONIO FOR THE Requested Cross- questions of Third-Party
REQUEST FOR CROSS- Examination of Napoleon Defendant, Napoleon
EXAMINATION OF Gutierrez Gutierrez directed against
THIRD- PARTY Alvin Patrimonio
DEFENDANT, NAPOLEON
GUTIERREZ
ANSWER OF CARLITA Answer of Carlita Gonzales To answer the requested
GONZALEZ FOR THE to the Requested Cross- questions of Defendant,
REQUEST FOR CROSS- Examination of Octavio Octavio Marasigan III
EXAMINATION OF Marasigan III directed against Carlita
DEFENDANT, OCTAVIO Gonzales
MARASIGAN III
ANSWER OF CARLITA Answer of Carlita Gonzales To answer the requested
GONZALEZ FOR THE to the Requested Cross- questions of Third-Party
REQUEST FOR CROSS- Examination of Napoleon Defendant directed against
EXAMINATION OF Gutierrez Carlita Gonzales
THIRD-PARTY
DEFENDANT, NAPOLEON
GUTIERREZ
ANSWER OF AMBET Answer of Ambet Nambus to To answer the requested
NAMBUS FOR THE the Requested Cross- questions of Defendant,
REQUEST FOR CROSS- Examination of Octavio Octavio Marasigan III
EXAMINATION OF Marasigan III directed against Ambet
DEFENDANT, OCTAVIO Nambus
MARASIGAN III
 The foregoing documents were identified by Plaintiff and his witnesses, specifically, Mr.
Alvin Patrimonio, Mr. Ambet Nambus Ms. Carlita Gonzales, in their Judicial Affidavits marked
as Exhibits “F”, “F-1”, “G”, “G-1”, “H”, and “H-1” respectively.

The previously mentioned Judicial Affidavits were marked, and presented before this
Honorable Court by Plaintiff’’s counsel during the hearings for the presentation of the testimonies
of the said witnesses

The original copies of the said Judicial Affidavits are found in the case docket of the instant
case, which forms part of the Court Records, currently in the possession of the of this Honorable
Court.

The above documents as well as the scanned copies thereof will be submitted to this
Honorable Court along with the instant Formal Offer of Evidence.

With the admission of the foregoing documentary evidence, Petitioner rests its case.

PRAYER

WHEREFORE, it is respectfully prayed that the foregoing exhibits be admitted in

evidence for the purposes for which they have been offered, and as part of the testimonies of the
respective witnesses presented by Plaintiff, in addition to the exhibits which had been previously
offered.

Other reliefs just and equitable under the circumstances are likewise prayed for.

Quezon City. 12 May 2020.

Copy furnished:

ATTY. LORD BIEN G. LELAY

Counsel for the Defendant
#4 Maginhawa St.,
Quezon City, Philippines
ATTY. JOHN MICHAEL MAGTIRA
Counsel for the Third-Party Defendant
14th Floor, Cube Tower, Makati Avenue
Makati City, Philippines

EXPLANATION

Petitioner, by counsel, in compliance with Sections 5, 6, and 13, Rule 13 of the 1997 Rules
of Civil Procedure, respectfully states that it personally furnished this Honorable Court and the
other parties’ copies of the foregoing Formal Offer of Evidence dated May 12, 2020

(sgd.)
Francis Ed Justin J. Chua

REPUBLIC OF THE PHILIPPINES)

QUEZON CITY ) S.S.

AFFIDAVIT OF SERVICE

I, Francis Ed Justin J. Chua, a liaison officer of Atty. Jett Chuaquico, with address at the
#123 Kalayaan Avenue, Quezon City, depose and say:

That on May 12, 2020, I personally served a copy of the Formal Offer of Evidence in the
case entitled Alvin Patrimonio v. Octavio Marasigan III with Civil Case No. R-QC-20-0111-CV
in accordance with Sections 5, 6, and 13, Rule 13 of the 1997 Rules of Civil Procedure upon:

ATTY. LORD BIEN G. LELAY

Counsel for the Defendant
#4 Maginhawa St.,
Quezon City, Philippines

ATTY. JOHN MICHAEL MAGTIRA

Counsel for the Third-Party Defendant
14th Floor, Cube Tower, Makati Avenue
Makati City, Philippines

Sgd.
FRANCIS ED JUSTIN J. CHUA
Affiant
 SUBSCRIBED AND SWORN to before me this 12th day of May 2020, affiant exhibiting
to me his TIN 123-321-456 issued on July 21, 2009.

Doc. No. 90 ;
Page No. 2;
Book No. 1 ;
Series of 2020.
ANNEX "B"
Annex "C"
Annex "E"
 ANNEX “F” & “F-1”
Republic of the Philippines
REGIONAL TRIAL COURT
NATIONAL CAPITAL REGION
BRANCH 77
Quezon City, NCR

ALVIN PATRIMONIO
Plaintiff,

-versus-
CIVIL CASE NO. R-QC-20-0111-CV
FOR: Declaration of Nullity of
Loan and Claim for Moral and
Exemplary Damages
OCTAVIO MARASIGAN III
Defendant.
x---------------------------------------------------x

OCTAVIO MARASIGAN III

Third party Complainant,

-versus-

NAPOLEON GUTIERREZ
Third party Defendant

x---------------------------------------------------x
JUDICIAL AFFIDAVIT OF
ALVIN PATRIMONIO

PRELIMINARY STATEMENT

That in accordance with A.M. No. 12-8-8-SC, which prescribes the use of judicial
affidavits to serve as the direct examination testimony of the witness, on the basis of
which the adverse party may conduct their cross-examination on such a witness, I hereby
execute this judicial affidavit in a question and answer format;

That conformably with Section 3 (b) of the said A.M. No. 12-8-8-SC, I also state
that it was Atty. Jett Chuaquico with office address at #123Kalayaan Avenue, Quezon
City who conducted the examination of the undersigned affiant;
 ANNEX “F” & “F-1”

That conformably also with Section 3 (c) thereof, I hereby state under the pain of
perjury that in answering the questions asked of me, as appearing herein below, I am
fully conscious that I did so under oath, and that I may face criminal liabilities for false
testimony or perjury;

OFFER OF TESTIMONY

The following testimony of affiant ALVIN PATRIMONIO is being offered to

prove the following:

a. That Octavio Marasigan’s claim under the alleged loan is without force or
effect as the loan was null and void because it was entered by Napoleon
Guitierrez without any authority from me nor consent;
b. That Octavio Marasigan shouted and insulted me;
c. Other matters in relation thereto;

HENCEFORTH I, ALVIN PATRIMONIO, 31 years old, married, after having

been duly sworn to in accordance with law, hereby depose and state:

AND UNDER OATH, AVERS THE FOLLOWING:

1. Q: Please state your name, age, occupation and other personal circumstances for
the record.

A: I am ALVIN PATRIMONIO, 31 years old, married, professional basketball

player, living at Unit 333, Bola Street, Diliman, Quezon City.

2. Q: Do you know a certain Napoleon Gutierrez?

A: Yes.

3. Q: How did you meet him?

A: He was a known sports columnist and he who would often interview me

whenever my team plays.

4. Q: Do you recall establishing a business with Napoleon Gutierrez?

A: Yes.

5. Q: What was is the name of this business and for what purpose?
 ANNEX “F” & “F-1”
A: The name of the business is “Slamdunk Corporation”. It is for production of
outfits, producing mini-concerts all related to basketball.

6. Q: What is the position of Mr. Napoleon Gutierrez in the said corporation?

A: He is the one managing the affairs and its business.

7. Were there anyone else helping him in the said business?

A: Yes.

8. Who is/are this/these person/s?

A: Ms. Carlita Gonzalez, sir. She was Mr. Napoleon’s secretary.

9. What was your role in the corporation, if any?

A: I issued three (3) post-dated blank checks to be used specifically and only for
any business expense incurred. I informed Mr. Napoleon that before he would use
and fill the checks, he should first notify me so I can secure payment.

10. Q: What happen next, if any?

A: I would ask for updates. I would visit and ask Ms. Carlita if Mr. Napoleon is
around and set a meeting. If Mr. Napoleon was absent, I would ask Ms. Carlita to
give me updates about the business.

11. Q: Do you have any idea what happened to the checks you issued?

A: No, sir.

12. Q: Why did you not have any idea?

A: Mr. Napoleon did not notify nor seek my authority in filling out the checks.

13. Q: When was the last time you came to know about the check or checks you
issued?

A: It was sometime during the last week of May and first week of June that
someone sent me a letter, demanding to make good of the check I issued which
was used as a security for a loan amounting to P200,000.

14. Q: What else is stated in the letter, if any?

 ANNEX “F” & “F-1”

A: The letter also stated that the loan was contracted by Mr. Napoleon Guitierrez
on my behalf to fund the alleged construction of my house

15. Q: Who was the person who sent you the demand letter?

A: It was my former teammate sir, Mr. Octavio Marasigan III.

16. Q: What happened next if any?

A: I sent a reply letter, telling Mr. Marasigan that I did not authorize the loan.
That I did not gave Mr. Guitierrez any order to fill up my check. That Mr.
Guitierrez failed to notify me about the said circumstance.

17. Q: What happen next, if any?

A: I went to Mr. Guitierrez’s office and ask Ms. Carlita if he is around.

18. Q: What happen next, if any?

A: Ms. Carlita told me that Mr. Guitierrez absented himself for quite some time
after he ordered her to give one of my checks.

19. Q: What happen next, if any?

A: I told Ms. Carlita that Mr. Guitierrez had misappropriated my check via
securing a loan I did not authorize, to my expense.

20. Q: What happen next, if any?

A: Ms. Carlita told me that Mr. Marasigan went to the office the other day and
said “Sir, sabi po ni Sir Marasigan wag na daw po kayo pipirma ng checke kung
walang laman ang bangko niyo, parang utak niyo daw po kasi, walang laman.”

21. Q: What happen next, if any?

A: Later during that same day, I received a phone call from my friend Ambus
Nambet.

22. Q: What was the reason of the call?

A: He informed me that Mr. Marasigan called him and he was fuming mad
because of the alleged loan I contracted through Mr. Guitierrez.
 ANNEX “F” & “F-1”

23. Q: What happened, if any?

A: He told me that Mr. Marasigan called me “Mandarambong at wag daw

magtitiwala sa akin”

24. Q: What happen next, if any?

A: Because of the overwhelming information and shame I felt. I gave Mr.

Marasigan a call on June 8, 1994 to put a stop to the issue.

25. Q: What happen next, if any?

A: He shouted and told me “Oh buti naman napa-tawag kang hayop ka, ano
bayaran mo na yung utang niyo nung gagong Guitierrez na yon”.

26. Q: After that, what happen, if any?

A: He then just reiterated what his letter contained and that the check was not
honoured due to account being closed.

27. Q: What happen next, if any?

A: As I was about to speak, he told me before he dropped the call “Bayaran mo

yung utang niyo! Ang tanga-tanga mong pumirma ng checke na wala naman
laman!”

28. Q: What happen next, if any?

A: I was shocked and humiliated by his accusations. I did not even contracted the
loan.

29. Q: For the meantime, I don’t have further questions, do you have any statements
to add or take away on this affidavit?

A: I don’t have for the meantime.

30. Q: Were you threatened, promised, or bribed to do this confession?

A: No. I made it voluntarily with my own free will.

 ANNEX “F” & “F-1”
31. Q: Are you willing to sign and to subscribe to this affidavit consisting of eight
(8) pages to attest to the truth and veracity of you foregoing statements and
declaration?

A: Yes.

32. Q: In answering all these questions, are you fully aware and conscious that you
are under oath and that you may be held criminally liable for false testimony or
perjury?

A: Yes.

33. Q: What do you attest regarding the copies or the reproduction of documents
attached to your affidavit?

A: I attest and warrant that the copies or the reproduction of documents attached to
my affidavit are faithful copy or reproduction of the original.

IN WITNESS WHEREOF, I hereunto set my hand below this 4th day of

September 1997 at Quezon City, NCR Philippines.

Alvin Patrimonio
Affiant

SUBSCRIBED AND SWORN to before me this 4th day of September 1997 at

Quezon City, NCR Philippines. Further, I certify that I personally examined the herein
affiant that he voluntarily executed and fully understood his statements.

__________________
Atty. Jett Chuaquico
Administering Officer

Doc. No. ___;

Page No. ___;
Book No. ___;
Series of 1997.
 ANNEX “F” & “F-1”
ATTESTATION

I, Atty. Jett Chuaquico, lawyer for the complainant, hereby depose and states:

That I have personally conducted the foregoing examination to the witness-affiant

at #123Kalayaan Avenue, Quezon City.

That I have faithfully recorded and translated into English language the questions
asked of her and the corresponding answers that she gave in response to the questions
asked;
Neither I nor any other person/s coached this witness-affiant regarding the
answers given by her.

IN WITNESS WHEREOF, I hereunto set my hand below this 4th day of

September 1997 at Quezon City, NCR, Philippines.

__________________________
Atty. Jett Chuaquico
Administering Officer

SUBSCRIBED AND SWORN to before me this this 4th day of September 1997
at Quezon City, NCR, Philippines. Further, I certify that I personally examined the herein
affiant that he voluntarily executed and fully understood his statements.

ATTY. SEAN FRANCES CARIÑO

Notary Public for Quezon City
Notarial Commission No. 1234
Until 31 December 1999
Roll No. 114477; 04/20/95
IBP No. 225588; 01/10/95-Quezon City
PTR No. 336699; 01/10/95- Quezon City
MCLE Compliance No. VI-086420; 08/11/95
Diliman, Lungsod Quezon, Kalakhang Maynila
Telephone No. 8855-6644
E-mail Address: [email protected]

Doc. No. ___;

Page No. ___;
Book No. ___;
Series of 1997.
ANNEX “F” & “F-1”
 ANNEX “G” & “G-1”
Republic of the Philippines
REGIONAL TRIAL COURT
NATIONAL CAPITAL REGION
BRANCH 77
Quezon City, NCR

ALVIN PATRIMONIO
Plaintiff,

-versus-
CIVIL CASE NO. R-QC-20-0111-CV
FOR: Declaration of Nullity of
Loan and Claim for Moral and
Exemplary Damages
OCTAVIO MARASIGAN III
Defendant.
x---------------------------------------------------x

OCTAVIO MARASIGAN III

Third party Complainant,

-versus-

NAPOLEON GUTIERREZ
Third party Defendant

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

JUDICIAL AFFIDAVIT OF
AMBET NABUS

PRELIMINARY STATEMENT

That in accordance with A.M. No. 12-8-8-SC, which prescribes the use of judicial
affidavits to serve as the direct examination testimony of the witness, on the basis of
which the adverse party may conduct their cross-examination on such a witness, I hereby
execute this judicial affidavit in a question and answer format;

That conformably with Section 3 (b) of the said A.M. No. 12-8-8-SC, I also state
that it was Atty. Jett Chuaquico with office address at #123Kalayaan Avenue, Quezon
City who conducted the examination of the undersigned affiant;

That conformably also with Section 3 (c) thereof, I hereby state under the pain of
perjury that in answering the questions asked of me, as appearing herein below, I am
 ANNEX “G” & “G-1”
fully conscious that I did so under oath, and that I may face criminal liabilities for false
testimony or perjury;

OFFER OF TESTIMONY

The following testimony of affiant AMBET NAMBUS is being offered to prove

the following:

a. That Octavio Marasigan has knowledge that the alleged loan was contracted by
Napoleon Guitierrez alone, without Alvin Patrimonio’s authority nor
knowledge
b. That Octavio Marasigan hurled invectives against Alvin Patrimonio;
c. Other matters in relation thereto;

HENCEFORTH, I, AMBET NABUS, 30 years old, married, after having been

duly sworn to in accordance with law, hereby depose and state:

AND UNDER OATH, AVERS THE FOLLOWING:

1. Q: Please state your name, age, occupation and other personal circumstances for
the record.

A: I am AMBET NABUS, 30 years old, married, sports columnist, living at 243

West Avenue, Quezon City.

2. Q: Do you know a certain Napoleon Gutierrez?

A: Yes.

3. Q: How did you meet him?

A: We met during our college days in UP Diliman and we are both sports
columnists

4. Q: Do you know a certain Octavio Marasigan III?

A: Yes.

5. Q: How do you know him?

A: Guitierrez borrowed from Mr. Marasigan III.

6. Q; What do you know about the loan agreement between Octavio Marasigan III
and Napoleon Gutierrez?

A: Guiterrez borrowed ₱200,000.00 from Marasigan for the allege construction of

Alvin’s house. Gutierrez delivered to Marasigan a pre-signed blank check owned
 ANNEX “G” & “G-1”
by Alvin Patrimonio to secure such debt and he also assured Marasigan that he
would pay an interest of 5% per month.

7. Q: How did you come to know about this transaction?

A: Marasigan called me up a week after my birthday and he was fuming mad.

8. Q: Then what happened next, if any?

A: Being mad, he shouted invectives against Alvin saying things like

“Mandarambong yang kaibigan mong si Alvin!” and “Wag kang magtitiwala
diyan, hayop yang gago na iyan!”

9. Q: What happened next, if any?

A: I ask what his problem was. He said, He was looking for Alvin and Guitierrez
and told me that Alvin needs to settle the bounced check before it gets ugly.

10. Q: And then what happened next, if any?

A: After that, I asked if when did Alvin contracted the said loan.

11. Q: What happened next, if any?

A: He said that it was not Alvin but Mr. Guitierrez who contracted the loan using
Alvin’s check as collateral.

12. Q: What happened next, if any?

A: He further narrated that he was fully aware that it was not really Alvin who
borrowed the money but it was Mr. Guitierrez who needed the money.

13. Q: What happened next, if any?

A: He was still angry against Alvin and repeated the invectives he earlier said. He
further said “Alam naman ni Alvin na manloloko si Guitierrez eh, mabuti na
magsama na silang manloloko. Mga gago!”

14. Q: And then what happened next, if any?

A: He told me to contact him if I will be able to reach Guitierrez and/or Alvin,

otherwise Alvin would face the consequences. He hung up after that.

15. Q: What happened next, if any?

A: I contacted Alvin, and told him everything that happened.

 ANNEX “G” & “G-1”
16. Q: For the meantime, I don’t have further questions, do you have any statements
to add or take away on this affidavit?

A: I don’t have for the meantime.

17. Q: Were you threatened, promised, or bribed to do this confession?

A: No. I made it voluntarily with my own free will.

18. Q: Are you willing to sign and to subscribe to this affidavit consisting of five (5)
pages to attest to the truth and veracity of you foregoing statements and
declaration?

A: Yes.

19. Q: In answering all these questions, are you fully aware and conscious that you
are under oath and that you may be held criminally liable for false testimony or
perjury?

A: Yes.

20. Q: What do you attest regarding the copies or the reproduction of documents
attached to your affidavit?

A: I attest and warrant that the copies or the reproduction of documents attached to
my affidavit are faithful copy or reproduction of the original.

IN WITNESS WHEREOF, I hereunto set my hand below this 4th day of

September 1997 at Quezon City, NCR Philippines.

________________________
Ambet Nabus
Affiant

SUBSCRIBED AND SWORN to before me this 4th day of September 1997 at

Quezon City, NCR Philippines. Further, I certify that I personally examined the herein
affiant that he voluntarily executed and fully understood his statements.

__________________
Atty. Jett Chuaquico
Administering Officer

Doc. No. ___;

Page No. ___;
Book No. ___;
Series of 1997.
 ANNEX “G” & “G-1”

ATTESTATION

I, Atty. Jett Chuaquico, lawyer for the complainant, hereby depose and states:

That I have personally conducted the foregoing examination to the witness-affiant

at #123Kalayaan Avenue, Quezon City.

That I have faithfully recorded and translated into English language the questions
asked of her and the corresponding answers that she gave in response to the questions
asked;
Neither I nor any other person/s coached this witness-affiant regarding the
answers given by her.

IN WITNESS WHEREOF, I hereunto set my hand below this 4th day of

September 1997 at Quezon City, NCR, Philippines.

__________________________
Atty. Jett Chuaquico
Administering Officer

SUBSCRIBED AND SWORN to before me this this 4th day of September 1997
at Quezon City, NCR, Philippines. Further, I certify that I personally examined the herein
affiant that he voluntarily executed and fully understood his statements.

ATTY. SEAN FRANCES CARIÑO

Notary Public for Quezon City
Notarial Commission No. 1234
Until 31 December 1999
Roll No. 114477; 04/20/95
IBP No. 225588; 01/10/95-Quezon City
PTR No. 336699; 01/10/95- Quezon City
MCLE Compliance No. VI-086420; 08/11/95
Diliman, Lungsod Quezon, Kalakhang Maynila
Telephone No. 8855-6644
E-mail Address: [email protected]

Doc. No. ___;

Page No. ___;
Book No. ___;
Series of 1997.
 ANNEX “H” & “H-1”
Republic of the Philippines
REGIONAL TRIAL COURT
NATIONAL CAPITAL REGION
BRANCH 77
Quezon City, NCR

ALVIN PATRIMONIO
Plaintiff,

-versus-
CIVIL CASE NO. R-QC-20-0111-CV
FOR: Declaration of Nullity of
Loan and Claim for Moral and
Exemplary Damages
OCTAVIO MARASIGAN III
Defendant.
x---------------------------------------------------x

OCTAVIO MARASIGAN III

Third party Complainant,

-versus-

NAPOLEON GUTIERREZ
Third party Defendant

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

JUDICIAL AFFIDAVIT OF
CARLITA GONZALEZ

PRELIMINARY STATEMENT

That in accordance with A.M. No. 12-8-8-SC, which prescribes the use of judicial
affidavits to serve as the direct examination testimony of the witness, on the basis of
which the adverse party may conduct their cross-examination on such a witness, I hereby
execute this judicial affidavit in a question and answer format;

That conformably with Section 3 (b) of the said A.M. No. 12-8-8-SC, I also state
that it was Atty. Jett Chuaquico with office address at #123Kalayaan Avenue, Quezon
City who conducted the examination of the undersigned affiant;

That conformably also with Section 3 (c) thereof, I hereby state under the pain of
perjury that in answering the questions asked of me, as appearing herein below, I am
 ANNEX “H” & “H-1”
fully conscious that I did so under oath, and that I may face criminal liabilities for false
testimony or perjury;

OFFER OF TESTIMONY

The following testimony of affiant CARLITA GONZALEZ is being offered to

prove the following:

a. That Napoleon Guitierrez took hold of one of the personal checks of Alvin
Patrimonio;
b. That Napoleon Guitierrez filled out the details without authority nor notice
from Alvin;
c. That Octavio Marasigan left an unsour message for Alvin when the former
went to our office;
d. Other matters in relation thereto.

HENCEFORTH, I, CARLITA GONZALEZ, 28 years old, single, after having

been duly sworn to in accordance with law, hereby depose and state:

AND UNDER OATH, AVERS THE FOLLOWING:

1. Q: Please state your name, age, occupation and other personal circumstances for
the record.

A: I am Carlita Gonzalez, 28 years old, single, and living at 213 Kalayaan Avenue,
Quezon City.

2. Q: Do you know a certain Napoleon Gutierrez?

A: Yes sir.

3. Q: How were you able to know him?

A: I am an employee and he was my boss in Slam Dunk Corporation.

4. Q: What is the nature of the business of the said corporation?

A: Basically the business is about production of concerts, shows and other

activities related to basketball.

5. Q: When did you start working for them?

A: Sometime in March of 1993 sir.

6. Q: You said earlier that Mr Napoleon Gutierrez was your boss, what then is your
position in the said corporation?
 ANNEX “H” & “H-1”
A: I work as the secretary of Sir Gutierrez

7. Q: In the course of your duties, do you remember receiving any checks in relation
to the business in June of 1993?

A: Yes.

8. Q: What happened with those said check, if any?

A: At about that time, Sir Nap handed to me three pre-signed checks issued by Sir
Alvin Patrimonio for the purpose of safekeeping such instruments.

9. Q: How were you able to know that it was the check of Mr. Alvin Patrimonio?

A: As a matter of practice, I record the details of the documents I receive when it

pertains to the corporation and through which I was able to see that such check
was issued by Sir Alvin under his personal account.

10. Q: What happened next, if any?

A: Sir Nap then instructed me to take good care of the checks as those were
already signed in blank.

11. Q: What was your response, if any?

A: I told him “noted sir” and asked him as to why are we dealing with the personal
checks of Sir Alvin

12. Q: What was his reply?

A: In reply he said, it is issued personally by Alvin but those checks were to

account for the necessary expenses of the business.

13. Q: What happened next, if any?

A: He further instructed me that if I were to give him the check, I should

immediately call Sir Alvin and inform him that Sir Guitierrez would use the check
to defray necessary business expenses.

14. Q: How long have you been in the custody of the said checks as the secretary?

A: Those three checks remained in my possession and custody until Sir Nap
instructed me to hand one of the checks to him.

15. Q: Can you recall when did it happen?

 ANNEX “H” & “H-1”
A: Not the exact date but sometime in the first of week of February 1994. I
handed him the check and ask if I should inform Sir Alvin.

16. Q: What happened next, if any?

A: As he was filling up the checks, he answered that there was no need to call Sir
Alvin because he already notified him.

17. Q: Do you have any knowledge what happened to the said check?

A: At first, I just presumed that it was needed to answer for the expenses of the
company because of what Sir Guitierrez said.

18. Q: Then, what happened after?

A: Sometime around the last week of May, Sir Marasigan barged in our office.

19. Q: What happened next, if any?

A: He asked me where Sir Gutierrez and Sir Alvin were.

20. Q: What was your answer, if any?

A: I answered that Sir Guitierrez was not around nor Sir Alvin.

21. Q: What happened next, if any?

A: He then instructed me to leave a sour message to Sir Alvin and Sir Guitierrez
stating “Sabihin mo sa mga gago mong boss na yung utang bayaran! Lalo na yang
si Alvin, sabihin mo na wag pumirma ng checke kung wala naman laman yung
bangko niya, parang yung utak niya walang laman!”

22. Q: What did you do next, if any?

A: Being a secretary, I asked what happened.

23. Q: What happened next, if any?

A: Sir Marasigan told me that Sir Guitierrez used the check of Sir Alvin in
securing a loan to fund the alleged construction of Sir Alvin’s house. He then went
out angrily.

24. Q: What happened next

A: I immediately inform Sir Alvin about the incident when Sir Alvin went to our
office.
 ANNEX “H” & “H-1”
25. Q: In the meantime, I do not have any further questions, do you have anything to
add?

A: No more, sir.

26. Q: In answering all these questions, are you fully aware and conscious that you are
under oath and that you may be held criminally liable for false testimony or
perjury?

A: Yes.

27. Q: Are you willing to sign and to subscribe to this affidavit consisting of six (6)
pages to attest to the truth and veracity of you foregoing statements and
declaration?

A: Yes
28. Q: What do you attest regarding the copies or the reproduction of documents
attached to your affidavit?

A: I attest and warrant that the copies or the reproduction of documents attached to
my affidavit are faithful copy or reproduction of the original.

IN WITNESS WHEREOF, I hereunto set my hand below this 7th day of

September 1997 at Quezon City, NCR Philippines.

________________________
Carlita Gonzalez
Affiant

SUBSCRIBED AND SWORN to before me this 7th day of September 1997 at

Quezon City, NCR Philippines. Further, I certify that I personally examined the herein
affiant that he voluntarily executed and fully understood his statements.

__________________
Atty. Jett Chuaquico
Administering Officer

Doc. No. ___;

Page No. ___;
Book No. ___;
Series of 1997.

ATTESTATION

I, Atty. Jett Chuaquico, lawyer for the complainant, hereby depose and states:
 ANNEX “H” & “H-1”
That I have personally conducted the foregoing examination to the witness-affiant
at #123 Kalayaan Avenue, Quezon City.

That I have faithfully recorded and translated into English language the questions
asked of her and the corresponding answers that she gave in response to the questions
asked;
Neither I nor any other person/s coached this witness-affiant regarding the
answers given by her.

IN WITNESS WHEREOF, I hereunto set my hand below this 4th day of

September 1997 at Quezon City, NCR, Philippines.

__________________________
Atty. Jett Chuaquico
Administering Officer

SUBSCRIBED AND SWORN to before me this this 7th day of September 1997
at Quezon City, NCR, Philippines. Further, I certify that I personally examined the herein
affiant that he voluntarily executed and fully understood his statements.

ATTY. SEAN FRANCES CARIÑO

Notary Public for Quezon City
Notarial Commission No. 1234
Until 31 December 1999
Roll No. 114477; 04/20/95
IBP No. 225588; 01/10/95-Quezon City
PTR No. 336699; 01/10/95- Quezon City
MCLE Compliance No. VI-086420; 08/11/95
Diliman, Lungsod Quezon, Kalakhang Maynila
Telephone No. 8855-6644
E-mail Address: [email protected]

Doc. No. ___;

Page No. ___;
Book No. ___;
Series of 1997.
 Republic of the Philippines
REGIONAL TRIAL COURT
NATIONAL CAPITAL REGION
BRANCH 77
Quezon City, NCR

ALVIN PATRIMONIO
Plaintiff,

-versus-
CIVIL CASE NO. R-QC-20-0111-CV
FOR: Declaration of Nullity of
Loan and Claim for Moral and
Exemplary Damages
OCTAVIO MARASIGAN III
Defendant.
x---------------------------------------------------x

OCTAVIO MARASIGAN III

Third party Complainant,

-versus-

NAPOLEON GUTIERREZ
Third party Defendant

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

CROSS-EXAMINATION QUESTION FOR

OCTAVIO MARASIGAN III

PRELIMINARY STATEMENT

In lieu of the in-court cross examination under Rule 132 (A) Sec. 6 of the Rules of
Court, this serves as the cross-examination of the plaintiff to Octavio Marasigan III.

Q1. You stated in your Judicial Affidavit that you knew Napoleon Gutierrez as a
known sports columnist and business partner of Alvin Patrimonio. Do you know
him personally aside from being a sports columnist and Alvin’s business partner?

Q2. Have you met him prior to the time that he incurred a loan from you?
IF YES: In what capacity have you met Gutierrez?

Q3. How many times did you met Gutierrez in that capacity?

Q4. Is there any prior business transaction that you have entered into with
Gutierrez as Alvin’s business partner prior to the alleged loan in question?

IF YES: is this also a loan agreement?

Q5. Did you know that Alvin Patrimonio was one of the highest paid PBA players
during that time?

Q6. Do you agree with me that it is very unusual that there is a need to incur a
loan for the construction of a house of one of the highest paid PBA players at the
time?

Q7. For how long have you been friends with Mr. Patrimonio?

Q8. Do you still check up on each other from time to time in the recent years?

Q9. Do you have the cellphone number of Mr. Patrimonio?

Q10. Are you two connected in social media, like Facebook?

Q11. Being a former teammate and friend of Alvin, have you ever contacted him
or confirmed about the details of the alleged SPA or the loan itself?

Q12. What is the exact date when the contract of loan was entered?

Q13. You mentioned that you transacted with Guitierrez. Did he present any
SPA?

Q14. I’m showing you the copy of the said SPA presented by Guitierrez marked
as exhibit__. Is this the same document

Q15. You also mentioned that you have confirmed and authenticated an SPA
supposedly issued by Alvin. Is this correct

Q16. I’m showing this SPA your side had presented marked as exhibit__ with an
effectivity date of Jan 1, 1993. Is this true?
 Q17. Could you explain why in the SPA presented by your side and the SPA
presented by Guitierrez has different dates of effectivity?

Q18. According to Question No. 11 of your Judicial Affidavit, you said that you
gave Mr. Gutierrez the P200,000.00 on 22 February 1994.

Q19. Is it not that the SPA that your party has presented already expired by
then?

Q20. Assuming that the SPA was shown to you before the expiration period,
which is January 1, 1993 per the SPA you presented, why is it that you did not
even talk about the loan with Mr. Patrimonio, your friend, up until February 22
1994 – the time gap being more than one year already?

IN WITNESS WHEREOF, I hereunto set my hand below this 24th day of April 2020 at
Quezon City, Metro Manila, Philippines.

CHUAQUICO, JETT I. (sgd.)

Counsel for the plaintiff

COPY FURNISHED

Atty. John Michael Magtira

Counsel for Third Party Defendant

Atty. Lord Bien Lelay

Counsel for Defendant

 Republic of the Philippines
REGIONAL TRIAL COURT
NATIONAL CAPITAL REGION
BRANCH 77
Quezon City, NCR

ALVIN PATRIMONIO
Plaintiff,

-versus-
CIVIL CASE NO. R-QC-20-0111-CV
FOR: Declaration of Nullity of
Loan and Claim for Moral and
Exemplary Damages
OCTAVIO MARASIGAN III
Defendant.
x---------------------------------------------------x

OCTAVIO MARASIGAN III

Third party Complainant,

-versus-

NAPOLEON GUTIERREZ
Third party Defendant

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

CROSS-EXAMINATION QUESTION FOR

MICHAELA ANNE CAPILI

PRELIMINARY STATEMENT

In lieu of the in-court cross examination under Rule 132 (A) Sec. 6 of the Rules of
Court, this serves as the cross-examination of the plaintiff to Michaela Anne Capili

Q1. Miss Witness, earlier you testified in your Judicial Affidavit particularly no. 12
that you stayed inside the office during the transaction, how far were you from
Mr. Gutierrez and Mr. Marasigan?

Q2. Were you standing or sitting during that time?

 Q3. Considering both the distance and position, were you able to catch sight of
the specifics appearing on the check itself?

IF YES: can you tell us the name appearing as drawer of the check or person
who gives the order to pay the money?

Q4. Do you have an idea with regard to the transaction you witnessed

Q5. Are you aware that Mr. Gutierrez cannot transact the check without the
authority of Mr. Patrimonio?

Q6. Was there a Special Power of Attorney (SPA) presented by Mr. Gutierrez to
Mr. Marasigan?

Q7. From your position, did you see if there is a signature in the SPA How did
you recognize

IF YES: Is it Mr. Patrimonio's signature?

Q8. You also stated that your participation merely consists of preparing the
Acknowledgment Receipt, previously marked as exhibit__, and requesting Mr.
Gutierrez to sign it after receiving the cash amounting to two hundred thousand
pesos (Php. 200,000).

Q9. Could this possibly pertain to another transaction?

IF NO: how sure that this is the supposed loan allegedly authorize by Mr.
Patrimonio, given that as you testified, you only saw the act of exchanging the
money and a document.

Q10. Lastly, do you have any other personal knowledge of the alleged loan
transaction other than what you observed?

IN WITNESS WHEREOF, I hereunto set my hand below this 24th day of April 2020 at
Quezon City, Metro Manila, Philippines.

CHUAQUICO, JETT I. (sgd.)

Counsel for the plaintiff

COPY FURNISHED

Atty. John Michael Magtira

Counsel for Third Party Defendant

Atty. Lord Bien Lelay

Counsel for Defendant

 Republic of the Philippines
REGIONAL TRIAL COURT
NATIONAL CAPITAL REGION
BRANCH 77
Quezon City, NCR

ALVIN PATRIMONIO
Plaintiff,

-versus-
CIVIL CASE NO. R-QC-20-0111-CV
FOR: Declaration of Nullity of
Loan and Claim for Moral and
Exemplary Damages
OCTAVIO MARASIGAN III
Defendant.
x---------------------------------------------------x

OCTAVIO MARASIGAN III

Third party Complainant,

-versus-

NAPOLEON GUTIERREZ
Third party Defendant

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

CROSS-EXAMINATION QUESTION FOR

JOSE DELA CRUZ

PRELIMINARY STATEMENT

In lieu of the in-court cross examination under Rule 132 (A) Sec. 6 of the Rules of
Court, this serves as the cross-examination of the plaintiff to Jose Dela Cruz

Q1. You said in your Judicial Affidavit that you are one of the incorporators of
Slam Dunk Corporation, is this correct?

Q2. Does your work include managing the company’s income and expenses?

Q3. You also stated that you know Mr. Alvin, Mr. Guitierrez, and Mr. Marasigan.
Is this correct
 Q4. Also, in Nos. 7-11 of your Judicial Affidavit you mentioned that you only
came to know about the supposed loan agreement from Mr. Alvin. Is this correct?

Q5. Being an incorporator and an officer of the company, did you have any
personal knowledge other than Mr. Alvin’s statement?

IF YES: But based on your answer in question no.4 and in your judicial affidavit,
you only came to know the said loan from Mr. Alvin. Is this correct?

IN WITNESS WHEREOF, I hereunto set my hand below this 24th day of April 2020 at
Quezon City, Metro Manila, Philippines.

CHUAQUICO, JETT I. (sgd.)

Counsel for the plaintiff

COPY FURNISHED

Atty. John Michael Magtira

Counsel for Third Party Defendant

Atty. Lord Bien Lelay

Counsel for Defendant

 Republic of the Philippines
REGIONAL TRIAL COURT
NATIONAL CAPITAL REGION
BRANCH 77
Quezon City, NCR

ALVIN PATRIMONIO
Plaintiff,

-versus-
CIVIL CASE NO. R-QC-20-0111-CV
FOR: Declaration of Nullity of
Loan and Claim for Moral and
Exemplary Damages
OCTAVIO MARASIGAN III
Defendant.
x---------------------------------------------------x

OCTAVIO MARASIGAN III

Third party Complainant,

-versus-

NAPOLEON GUTIERREZ
Third party Defendant

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

CROSS-EXAMINATION QUESTION FOR

NAPOLEON GUTIERREZ

PRELIMINARY STATEMENT

In lieu of the in-court cross examination under Rule 132 (A) Sec. 6 of the Rules of
Court, this serves as the cross-examination of the plaintiff to Napoleon Gutierrez

Q1. Mr. Witness, who gave you the check?

Q2. Mr. Witness, you said that Mr. Patrimonio executed a Special Power of
Attorney marked exhibit __ for purposes of obtaining a loan. Is that correct?
Q3. I’m showing you the SPA marked as exhibit __, is this the same SPA you
have presented before the court and the same SPA allegedly executed by Mr.
Patrimonio

Q4. Do you know the reason why there is a need for the corporation to obtain a
loan from Mr. Marasigan?

Q5. Is Mr. Marasigan aware of the reason behind the said loan?

Q6. Did you use such SPA in dealing with Mr. Marasigan. Right?

Q7. Were you able to provide Mr. Marasigan a copy of the Special Power of
Attorney while you were transacting with him?

Q8. Were you able to give him a copy of the same SPA allegedly executed by
Mr. Patrimonio?

Q9. The check was entrusted to you by Mr. Patrimonio for business purposes
only. Is that also correct?

Q10. And that it cannot be filled out without notification and approval as stated in
No. 4 of your Judicial Affidavit. Is that correct?

Q11. In no. 7 of your judicial affidavit you mentioned that you filled out the check
on February 22, 1994. Is that correct?

Q12. Mr. Witness, did you know where was Mr. Patrimonio on the day you
obtained the loan from Mr. Marasigan?

Q13. Were you able to talk to Mr. Patrimonio as regards the loan when you were
with Mr. Marasigan sometime in February 1994?

Q14. Also, as per your Judicial Affidavit, you said that the Mr. Marasigan
extended the loan in February 1994 and you simultaneously gave a post-dated
check?

Q15. Mr. Gutierrez, as per the Special Power of Attorney allegedly executed by
Mr. Patrimonio, the authority given to you was for business purposes only. Is that
correct?

Q16. Armed with the Special Power of Attorney, is it also correct that you were
the only person who has dealt and transacted with Mr. Marasigan and not Mr.
Patrimonio?
 Q17.And with that, Mr. Marasigan relied on such Special Power of Attorney while
you were negotiating with him is that correct?

Q18.As a consequence, he granted the loan even without discussing with Mr.
Patrimonio the details of such transaction. Is that correct?

Q19. When you met Mr. Marasigan in February 1994, did he tell you about the
construction of the house of Mr. Patrimonio?

Q20. It is stated in your Judicial Affidavit that you manage the expenses of the
corporation. Is that correct?

Q21. But nowhere is it found in your Judicial Affidavit that you made sure that the
amount loaned was for business purposes. Is this correct

IN WITNESS WHEREOF, I hereunto set my hand below this 24th day of April 2020 at
Quezon City, Metro Manila, Philippines.

CHUAQUICO, JETT I. (sgd.)

Counsel for the plaintiff

COPY FURNISHED

Atty. John Michael Magtira

Counsel for Third Party Defendant

Atty. Lord Bien Lelay

Counsel for Defendant

 Republic of the Philippines
REGIONAL TRIAL COURT
NATIONAL CAPITAL REGION
BRANCH 77
Quezon City, NCR

ALVIN PATRIMONIO
Plaintiff,

-versus-
CIVIL CASE NO. R-QC-20-0111-CV
FOR: Declaration of Nullity of
Loan and Claim for Moral and
Exemplary Damages
OCTAVIO MARASIGAN III
Defendant.
x---------------------------------------------------x

OCTAVIO MARASIGAN III

Third party Complainant,

-versus-

NAPOLEON GUTIERREZ
Third party Defendant

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

CROSS-EXAMINATION QUESTION FOR

CHRISTA B. ALAWI

PRELIMINARY STATEMENT

In lieu of the in-court cross examination under Rule 132 (A) Sec. 6 of the Rules of
Court, this serves as the cross-examination of the plaintiff to Christa B. Alawi

Q1. Miss witness, you stated in your Judicial Affidavit that you are the accountant
for the company, is this correct?

Q2. You testified in you Judicial Affidavit that Mr. Alvin instructed you to “hold”
the recording of the transaction, is this true?
 Q3. Does “holding” of the recording of the transaction mean that there exists an
actual transaction but you are only holding in abeyance the recording of such
transaction.

Q4. Also, you mentioned that your work is to record transactions of the company,
is this correct?

Q5. Does that mean that before recording, you also ensure that the transaction
pertains to the account of the company?

Q6. Is the alleged transaction supposedly a personal loan from Mr. Marasigan to
Mr. Alvin?

Q7. If this is a personal transaction, why is it being recorded in the books of the
company?

IN WITNESS WHEREOF, I hereunto set my hand below this 24th day of April 2020 at
Quezon City, Metro Manila, Philippines.

CHUAQUICO, JETT I. (sgd.)

Counsel for the plaintiff

COPY FURNISHED

Atty. John Michael Magtira

Counsel for Third Party Defendant

Atty. Lord Bien Lelay

Counsel for Defendant

 Republic of the Philippines
REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
Quezon City
BRANCH 77

ALVIN PATRIMONIO
Plaintiff,
CIVIL CASE NO. R-QC-20-0111-CV
-versus- FOR: Declaration of Nullity of Loan
and Claim for Moral and Exemplary
OCTAVIO MARASIGAN III Damages
Defendant.
x-----------------------------------x

OCTAVIO MARASIGAN III

Third-Party Plaintiff,

-versus-

NAPOLEON GUTIERREZ
Third-Party Defendant.
x-----------------------------------x

ANSWER OF ALVIN PATRIMONIO FOR THE REQUEST FOR CROSS-

EXAMINATION OF DEFENDANT, OCTAVIO MARASIGAN III

Plaintiff, through counsel, respectfully submits Mr. Alvin Patrimonio’s

answer for the questions requested by defendant Octavio Marasigan III for CIVIL
CASE NO. R-QC-20-0111-CV.

HENCEFORTH, I, ALVIN PATRIMONIO, 31 years old, married, hereby

depose and answer the questions hereunder:

1) Q: You and Mr. Napoleon Gutierrez are business partners in Slam Dunk
Corporation (SDC), right?

Yes
2) As your business partner, did you entrust three (3) pre-signed checks to Mr.
Gutierrez and authorize him to use the same for business purposes?

Yes

3) Q: Do you recognize this particular Pilipinas Bank Check No. 21001764

(Annex “B”) payable to “Cash” amounting to Php. 200,000.00 and with
your signature appearing therein?

No

4) Q: Is this the signature appearing on the said check your signature?

Yes

5) Q: Were you the one who personally signed the said check?

Yes

6) Q: In your JA, you said that you regularly for business updates from Ms.
Carlita Gonzales and Mr. Gutierrez. In the course of you asking for regular
business updates, were you not informed by the either of them that one (1)
of your pre-signed checks was used?

No, I was not.

7) If you constantly asked business updates from Ms. Gonzales, why were you
not informed that she was entrusted for the safekeeping of the said checks
by Mr. Gutierrez and that she gave one of the said checks to Mr. Gutierrez
sometime in February of 1994?

I know that it was Ms. Gonzales who has custody of the check because
she was Mr. Guitierrez’s secretary. After having knowledge of the
transactions, I asked Ms. Gonzales about it and she mentioned that Mr.
Gutierrez told her that there is no need to notify me anymore.

8) If you constantly asked business updates from Mr. Gutierrez, why were you
not informed that he entrusted the said checks for safekeeping to Ms.
Gonzales and that he got one of the said checks sometime in February of
1994?
 It is because it is for a fraudulent purpose. Had his intentions been
clear, he should have informed me or should at least not make specific
instruction to Ms. Gonzales that there is no need to notify me anymore.

9) Q: Do you recognize this Special Power of Attorney (SPA) [Annex “A”]

which you executed in favor of Mr. Gutierrez? Was this the same SPA you
executed in favor of Mr. Gutierrez?

No, I did not issue any SPA.

10) Q: Do you recognize these demand letters dated 30 May 1994 and 13 June
1994 (Annexes “D” and “E”) addressed to you by Mr. Octavio Marasigan
III? Were these same demand letters you received from Mr. Marasigan?

Yes, I do.

11) Did you ask for an explanation from Mr. Gutierrez about the loan he
contracted in your favor? Why or why not?

I wrote a reply later stating that I did not authorize the alleged loan.

12) When was the last time you communicated with Mr. Gutierrez?

After Marasigan filed a case against me, I swallowed my pride and

contacted Nap to ask him how he could do this to me.

13) Upon receiving the call from Mr. Ambet Nabus informing you about the
conversation he had with Mr. Marasigan, did you contact the latter to
confirm if he indeed had the said conversation with the former?

I did call Mr. Marasigan to clear things out on June 8, 1994 but, I was
not given the opportunity to speak as he was fuming mad and called me
stupid for issuing a worthless check before he hanged up.

14) When was the last time you communicated with Mr. Marasigan?

Again, I gave Mr. Marasigan a call on June 8, 1994, on which he

shouted at me “Oh buti naman napa-tawag kang hayop ka, ano bayaran mo
na yung utang niyo nung gagong Gutierrez na yon”. He then proceeded to
reiterate the contents of his letter. Before he hung up he told me
 “Bayaran mo yung utang niyo! Ang tanga-tanga mong pumirma ng checke na
wala naman laman!”

ALVIN PATRIMONIO
Plaintiff

Respectfully submitted.

Quezon City, 5th of May, 2020.

COPY FURNISHED:

Atty. Lord Bien Lelay

Counsel for the Defendant

Atty. John Michael B. Magtira

Counsel for the Third-Party Defendant
 Republic of the Philippines
REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
Quezon City
BRANCH 77

ALVIN PATRIMONIO
Plaintiff,
CIVIL CASE NO. R-QC-20-0111-CV
-versus- FOR: Declaration of Nullity of Loan
and Claim for Moral and Exemplary
OCTAVIO MARASIGAN III Damages
Defendant.
x-----------------------------------x

OCTAVIO MARASIGAN III

Third-Party Plaintiff,

-versus-

NAPOLEON GUTIERREZ
Third-Party Defendant.
x-----------------------------------x

ANSWER OF ALVIN PATRIMONIO FOR THE REQUEST FOR CROSS-

EXAMINATION OF THIRD- PARTY DEFENDANT, NAPOLEON
GUTIERREZ

Plaintiff, through counsel, respectfully submits Mr. Alvin Patrimonio’s

answer for the questions requested by third-party defendant Napoleon Gutierrez for
CIVIL CASE NO. R-QC-20-0111-CV.

HENCEFORTH, I, ALVIN PATRIMONIO, 31 years old, married, hereby

answer the following questions:

1. How long have you known Mr. Gutierrez?

 I have known him since the day I became known as a basketball player.
It was before we put up Slam Dunk Corporation.

2. What made you choose Mr. Gutierrez as a business partner?

It was his idea to put up the business. I wanted to be a financier only.

3. Prior to the incorporation of Slamdunk Corporation, have you engaged in

any business?

No. Slamdunk is my first shot at business. I have enough and stable

sources of income, having both acting and endorsement careers aside
from sports.

4. How long have you been engaged in this business of producing outfits and
mini-concerts related to basketball?

I only started at the time of Slamdunk Corporation.

5. You said Mr. Gutierrez was the one managing Slamdunk Corporation’s
affairs and business, correct?

Yes.

6. What then is your role in this business?

I am the financier. As such, I issued three (3) post-dated blank checks to

be used specifically and only for any business expense incurred. I
informed Mr. Napoleon that before he would use and fill the checks, he
should first notify me so I can secure payment.

7. Were there any documents that would evidence Mr. Napoleon’s authority to
fill-up the post-dated blank checks?

None. Although signed, these checks had no payee’s name, date, or

amount. I entrusted them to Gutierrez with the specific instruction not
to fill them out without previously notifying me and securing my
approval.
8. Are you familiar with this Special Power of Attorney marked as Exhibit
“1TD”?

No.

9. Are you aware that this Special Power of Attorney authorizes Mr. Napoleon
to enter into a loan with Mr. Marasigan?

No.

10.Are you also aware that the same instrument authorizes Mr. Gutierrez to
execute, make and sign any documents in connection to that contract of
loan?

No.

11.Is this your signature, marked as Exhibit “1TD-A”, as affixed in the afore-
mentioned document?

No. I do not remember signing any SPA on that matter. As I have said
in my Judicial Affidavit, I only gave Mr. Guitierrez the authority to use
the checks for business expenses of the corporation and to notify me. No
other else but that.

12.In Slamdunk Corporation, is there a system of accounting whatever business

expenses incurred?

Yes.

13.Are you familiar with this check voucher marked as Exhibit “2TD”?

No.

14. In the usual course of Slamdunk Corporation's business, how are the
expenses thereof paid?

The accounting department handles and manages all expenses approved

and authorized by me.

15.Does it include issuance of checks?

 Yes. I issue, and authorized its disbursement.

16.As you have mentioned in your Judicial Affidavit marked as Exhibit “F”,
you issued blank checks, would those checks be used to shoulder business
expenses?

Yes.

17.At the time you issued the blank checks, did your account have sufficient
funds to meet the contemplated transactions?

Yes.

18.Being used for business purposes, would you agree with me that such bank
account should remain open and well-funded should a business expense
come up?

Yes.

19.In your mind, as a businessman, would there be any reason for your bank
account to close while your corporation is fully operational?

Yes. I had to transfer my deposits to another bank because they offer

better services than my current bank.

20.During the operation of Slamdunk's business, have you incurred any

substantial loss as to render the corporation unable to comply with its
monetary obligations?

No. I just had to transfer my deposits to another bank.

21.Regardless, is Slamdunk Corporation currently operating normally, with

regard to its business?

Yes.

22.Again, I would like to emphasize: what, then, would be the reason for the
closing of the bank account?
 I had to transfer my deposits because I was no long satisfied with the
services offered by my current bank. Regardless, Mr. Gutierrez should
not have used the checks for fraudulent reasons. Had he inquired before
using that check or passing it to another, he would have been informed
of the closing of my account.

ALVIN PATRIMONIO
Plaintiff

Respectfully submitted.

Quezon City, 5th of May, 2020.

COPY FURNISHED:

Atty. John Michael B. Magtira

Counsel for the Third-Party Defendant

Atty. Lord Bien Lelay

Counsel for the Defendant
 Republic of the Philippines
REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
Quezon City
BRANCH 77

ALVIN PATRIMONIO
Plaintiff,
CIVIL CASE NO. R-QC-20-0111-CV
-versus- FOR: Declaration of Nullity of Loan
and Claim for Moral and Exemplary
OCTAVIO MARASIGAN III Damages
Defendant.
x-----------------------------------x

OCTAVIO MARASIGAN III

Third-Party Plaintiff,

-versus-

NAPOLEON GUTIERREZ
Third-Party Defendant.
x-----------------------------------x

ANSWER OF CARLITA GONZALEZ FOR THE REQUEST FOR CROSS-

EXAMINATION OF THIRD-PARTY DEFENDANT, NAPOLEON
GUTIERREZ

Plaintiff, through counsel, respectfully submits Ms. Carlita Gonzalez’s

answer for the questions requested by Third-Party Defendant Napoleon Gutierrez
for CIVIL CASE NO. R-QC-20-0111-CV.

HENCEFORTH, I, CARLITA GONZALEZ, 28 years old, single, hereby

answer the following questions:

1. Could you describe the extent of your work as Mr. Gutierrez’s secretary?
 Yes, I’m the secretary of Mr. Gutierrez, I perform basic clerical,
organizational and office responsibilities for the company. I help
manage the front office and handle administrative matters. I also
receive checks for the company.

2. Would your work include the taking of minutes of meetings attended by your
boss, Mr. Gutierrez?

Yes

a. Assuming that you do, how do you specifically document whatever

transpires during these meetings?

I record the date of the meeting, the time of the meeting, names
of the participants and absentees and purpose of the meetings.
Unless Mr. Gutierrez tells me otherwise

3. Does the nature of your work as a secretary require you to always keep track
of what your boss, Mr. Gutierrez, does in relation to the corporation’s
business?

Yes.

4. Does it require you to be with Mr. Gutierrez whenever he would attend

business-related meetings?

Yes, all the time.

5. Does your function as a secretary involves safekeeping of business related

documents and effects?

Yes

6. How do you go about safekeeping these effects?

I have a secured filling cabinet in our office and store documents therein
upon instruction Mr. Gutierrez.
 7. Being the person who has custody of the checks, are you bound to release
them only to Mr. Gutierrez?

Yes, when he orders me to release them.

8. Do you recall when you gave the check to Mr. Gutierrez?

It is around the first week of February 1994.

9. You stated in paragraph 10 of your Judicial Affidavit, marked as Exhibit “H”

that: “as a matter of practice, you record the details of the documents you
receive when it pertains to the corporation”, do you observe any similar
practice whenever you release documents pertaining to the corporation?

Yes, I record the reason why documents are needed to be taken out,
unless ordered otherwise by Mr. Gutierrez.

a. Assuming that you do, would these documents be accessible by

any partner of the corporation?

No, it is only I who has access to the secured filing cabinet. I

have in my possession, the only key to open the cabinet.

10. In any case, would there be any record of receipt and release of corporation-
related documents?

Yes, unless Mr. Gutierrez tells me otherwise, like what happened with
the check of Mr. Alvin.

Sgd.
CARLITA GONZALEZ
Witness for the Plaintiff

Respectfully submitted.

Quezon City, 5th of May, 2020.

COPY FURNISHED:

Atty. John Michael B. Magtira

Counsel for the Third-Party Defendant

Atty. Lord Bien Lelay

Counsel for the Defendant
 Republic of the Philippines
REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
Quezon City
BRANCH 77

ALVIN PATRIMONIO
Plaintiff,
CIVIL CASE NO. R-QC-20-0111-CV
-versus- FOR: Declaration of Nullity of Loan
and Claim for Moral and Exemplary
OCTAVIO MARASIGAN III Damages
Defendant.
x-----------------------------------x

OCTAVIO MARASIGAN III

Third-Party Plaintiff,

-versus-

NAPOLEON GUTIERREZ
Third-Party Defendant.
x-----------------------------------x

ANSWER OF CARLITA GONZALEZ FOR THE REQUEST FOR CROSS-

EXAMINATION OF DEFENDANT, OCTAVIO MARASIGAN III

Plaintiff, through counsel, respectfully submits Ms. Carlita Gonzalez’s

answer for the questions requested by defendant Octavio Marasigan III for CIVIL
CASE NO. R-QC-20-0111-CV.

HENCEFORTH, I, CARLITA GONZALEZ, 28 years old, single, hereby

answer the following questions:

1) Q: You work as a secretary in Slam Dunk Corporation (SDC), right?

Yes, as the personal secretary of Mr. Napoleon Gutierrez.

2) Q: As an employee of SDC, you both work for Mr. Napoleon Gutierrez and
Mr. Alvin Patrimonio. Correct?

I work for the SDC and my job and responsibility is to personally assist
Mr. Gutierrez in his duties pertaining to the business.

3) Q: Sometime in June of 1993, you said that Mr. Gutierrez handed you three
(3) pre-signed checks issued by Mr. Patrimonio for business purposes and
likewise instructed you to notify Mr. Patrimonio once he (Mr. Gutierrez)
uses such checks, right?

Yes, Sir.

4) Q: Sometime in February of 1994, Mr. Gutierrez asked you to give him one
(1) of the said checks and you asked him of you still need to notify Mr.
Patrimonio about such check, right? However, Mr. Gutierrez told you to no
longer notify Mr. Patrimonio as he already communicated the same to him.
Correct?

Yes, the instruction not to notify Mr. Patrimonio came from Sir Nap,
and in handing the said check, he told me that he already notified Mr.
Alvin.

5) Q: Since you still asked Mr. Gutierrez if you should notify Mr. Patrimonio
about the said matter, it means that you were not part of their conversation
with regard to the said check. Right?

Yes.

6) Q: And since you were not part of this conversation between Mr. Gutierrez
and Mr. Patrimonio, you have no personal knowledge as to whether or not
the loan and the use of the check was authorized by Mr. Patrimonio. Right?

Yes, being a secretary, I need to follow the instruction of Mr. Gutierrez

believing it is for business purposes. Since he already notified Mr. Alvin,
I no longer informed the latter.
7) Q: In your JA, you said that sometime in May of 1994, Mr. Octavio
Marasigan III went into the office of SDC looking for Mr. Patrimonio and
Mr. Gutierrez. Were the any other witnesses who saw Mr. Marasigan come
to your office?

Well, during the confrontation, I was the only person in the room of the
office.

8) You also said that Mr. Marasigan instructed you to communicate a rather
“sour” message for Mr. Patrimonio and Mr. Gutierrez. Were there any other
witnesses who heard Mr. Marasigan leave you such instruction and
message?

As I have said, I was the only person inside the room of Mr. Gutierrez. I
have no idea whether others heard it.

9) Did you find Mr. Marasigan’s alleged visit to your office and “sour”
message for Mr. Patrimonio and Mr. Gutierrez urgent? Why did you not
immediately call Mr. Patrimonio and Mr. Gutierrez about the said visit and
message?

My duty is to communicate any transaction related to SDC’s business

only. When I learned that the loan was given for personal reasons, I did
not communicate nor relayed the message immediately.

10) In your JA, you said that you only communicated the purported visit and
message of Mr. Marasigan to Mr. Patrimonio when the latter came to your
office. Why did you not immediately call him about the same?

Again, my duty as a secretary is to assist and forward any messages and

updates regarding about SDC’s business transactions. The loan, being
personal in nature, is outside the scope of my duties.

11) Q: Does Mr. Patrimonio ask you for updates regarding the business
transactions made by Mr. Gutierrez for SDC?

Yes, I update Mr. Alvin only when Mr. Gutierrez is not around. Mr.
Alvin would immediately go to Mr. Gutierrez.
12) Q: From February 1994 (the time Mr. Gutierrez got one (1) the said checks
from you) until May 1994 (the time when you informed Mr. Patrimonio of
the alleged visit and “sour” message of Mr. Marasigan), did Mr. Patrimonio
contacted you to ask for updates regarding the business transactions made by
Mr. Gutierrez for SDC?

Mr. Patrimonio only contacts me when Mr. Gutierrez is absent or not

around. He immediately goes to Mr. Gutierrez for updates of the
business.

Sgd.
CARLITA GONZALEZ
Witness for the Plaintiff

Respectfully submitted.

Quezon City, 5th of May, 2020.

COPY FURNISHED:

Atty. Lord Bien Lelay

Counsel for the Defendant

Atty. John Michael B. Magtira

Counsel for the Third-Party Defendant
 Republic of the Philippines
REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
Quezon City
BRANCH 77

ALVIN PATRIMONIO
Plaintiff,
CIVIL CASE NO. R-QC-20-0111-CV
-versus- FOR: Declaration of Nullity of Loan
and Claim for Moral and Exemplary
OCTAVIO MARASIGAN III Damages
Defendant.
x-----------------------------------x

OCTAVIO MARASIGAN III

Third-Party Plaintiff,

-versus-

NAPOLEON GUTIERREZ
Third-Party Defendant.
x-----------------------------------x

ANSWER OF AMBET NAMBUS FOR THE REQUEST FOR CROSS-

EXAMINATION OF DEFENDANT, OCTAVIO MARASIGAN III

Plaintiff, through counsel, respectfully submits Mr. Ambet Nambus’s answer

for the questions requested by Defendant Octavio Marasigan III for the CIVIL
CASE NO. R-QC-20-0111-CV.

HENCEFORTH, I, AMBET NABUS, 30 years old, married, hereby answer

the questions hereunder:

1) Q: In your JA, you said that you learned of the loan transaction between Mr.
Octavio Marasigan III and Mr. Alvin Patrimonio, who was as represented by
 Mr. Napoleon Gutierrez, through a phone conversation with Mr. Marasigan.
Correct?

Yes. Both from Mr. Marasigan and Mr. Alvin.

2) Q: In the said phone conversation, did Mr. Marasigan tell you that he knew
for certain that the proceeds of the loan were to be used by Mr. Gutierrez
instead of Mr. Patrimonio?

Yes. Mr. Marasigan knew all along that it was really Mr. Gutierrez who
borrowed money because he needed it.

3) Q: If Mr. Marasigan knew that Mr. Gutierrez was the only one who
benefitted from the loan, why did he tell you that he was both asking Mr.
Patrimonio and Mr. Gutierrez to settle their obligation to him?

Mr. Marasigan was asking Mr. Gutierrez because it was the latter who
personally contracted the loan and ultimately benefitted from such
transaction. He asked for Alvin as well because Marasigan knew that
the security given by Gutierrez was Alvin’s check.

4) Q: After having the alleged phone conversation with Mr. Marasigan, did you
also call Mr. Gutierrez? Why or why not? If yes, what did Mr. Gutierrez tell
you?

I did not because after calling Alvin, I believe that it is best that they
resolve the matter themselves.

5) Q: Did you believe the things that Mr. Marasigan told you in your phone
conversation?

Yes. It was genuine and real because being in a state of overpowering

anger for the loss of a huge amount of money, such spontaneous
statement of Mr. Marasigan about the loan is true.

6) Q: When you called Mr. Patrimonio and told him about the phone
conversation you had with Mr. Marasigan, did you believe him (Mr.
Patrimonio) when he denied contracting the loan from Mr. Marasigan?
 Yes because Mr. Patrimonio confirmed the statements of Marasigan
regarding the latter's knowledge that it was not really Mr. Patrimonio
who borrowed the money but Mr.Gutierrez who needed the money and
merely used Alvin’s check as a security.

7) Q: Aside from what Mr. Patrimonio told you, do you have any other basis on
saying that the proceeds of the loan were exclusively used by Mr. Gutierrez
and not by Mr. Patrimonio, who in fact issued the check given as a
collateral?

Yes, the statements of Marasigan where he narrated that he was fully

aware that it was not really Alvin who borrowed the money but
Gutierrez who really needed the money.

8) Q: Aside from what Mr. Patrimonio told you, do you have any other basis on
saying that he (Mr. Patrimonio) did not really authorize Mr. Gutierrez in
contracting the said loan from Mr. Marasigan?

Yes, the statements of Marasigan where he said that it was not Alvin but
Mr. Guitierrez who contracted the loan using Alvin’s check as collateral
and that he was fully aware that it was not really Alvin who borrowed
the money but Gutierrez who really needed the money.

9) Q: Were you present at that time when the loan was contracted by Mr.
Gutierrez in favor of Mr. Patrimonio from Mr. Marasigan?

No.

10) Q: Not being present at that time when the loan was contracted, can you say
that you had personal knowledge as to whether or not such loan was in fact
authorized by Mr. Patrimonio?

Yes. This was brought up by Mr. Marasigan and confirmed by Mr.

Alvin when we had a phone call conversation

Sgd.
AMBET NAMBUS
Witness for the Plaintiff
Respectfully submitted.
Quezon City, 5th of May, 2020

COPY FURNISHED:

Atty. Lord Bien Lelay

Counsel for the Defendant

Atty. John Michael B. Magtira

Counsel for the Third-Party Defendant