Republic of the Philippines Regional Trial Court th 8 Judicial Region Branch VI Tacloban City Carmi Martyn, representative for Coco Martyn Plaintiff -versus- Civil Case No. 32790 For: Damages Dr. Vicente Sotto Law School and Atty. Simon Bir, Atty. Richard Lab Defendant x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x JUDICIAL AFFIDAVIT OF ATTY. LEILA DELIMA I, ATTY. LEILA DELIMA, 40 years old, married, residing at Tacloban City, after having been sworn to in accordance with the law do hereby depose and state: That Atty. Manuela M. Kilton is the counsel who conducted and supervised my examination as a witness at her office at Door 12, Yaokasin Bldg. Rizal Ave. Street, Tacloban City, Philippines; That I am answering the questions herein fully conscious that I do so under oath and that I may be criminally liable for false testimony or perjury; PURPOSE: This affidavit / testimony of witness, ATTY. LEILA DELIMA, is being offered to prove that the defendants gave an oral promise to the plaintiff’s brother, Mr. Coco Martyn, passing grades for the subjects Taxation I and Labor Law II respectively without prior agreement or conditions whatsoever. Q1: Do you swear to tell the truth and nothing but the truth? A1: Yes Ma’am. Q2: Please state your name and other personal circumstances for the record. A2: I am Atty. Leila Delima, 40 years of age, married and resides in Tacloban City. I am one of the professors in Dr. Vicente Law School teaching Criminal Law Review and a colleague of the defendants. Q3: Do you personally know the plaintiff? A3: No Ma’am, but I personally know her brother, Mr. Martyn. Q4: What is your relation to the plaintiff’s brother? A4: He was one of my students in Criminal Law Review. Q5: What is your knowledge about the defendant-professors giving Mr. Martyn passing grades in the respective subjects they handle? A5: On February 5, 2015, at around 4:30 in the afternoon, I was in the faculty room together with other professors including Atty. Lab and Atty. Bir. Mr. Martyn went inside our room to personally talk to the two professors. Q6: Where were you exactly when their conversation took place? A6: I was seated at my table beside Atty. Lab’s table, talking about current news when Mr. Martyn entered the room. Q7: What do you remember of the conversation? A7: At first, Mr. Martyn was a bit hesitant and shy to ask the two professors about his grades, but eventually asked about it. He asked if they would be kind enough to give him a passing mark for Taxation I and Labor Law II since he has been studying Law for around nine (9) years already and that his parents would be so happy if he already graduated that year. Q8: What did the two professors respond after Mr. Martyn’s request? A8: They both laughed at first. Atty. Bir said “eto nalang ba yung mga bagsak mong grades?” (Are these your only failing grades?). Mr. Martyn replied in the affirmative and Atty. Lab said “cge na nga ipapasa kana namin, ang tagal mo na dito eh. Ha ha ha!” (Fine, we’ll give you a passing mark since you’ve been studying here for so long! Ha ha ha!) Atty. Bir also added “sige dahil mabait kami bibigyan kana namin ng tres dahil ang sipag mong mag-aral. Ha ha ha!” (Since we are so nice, we’ll give you a grade of 3 because you are such a diligent student! Ha ha ha!) Mr. Martyn even asked them if they were not kidding about it. The two professors nodded and said yes, that they were serious about it. Q9: What happened after this? A9: Mr. Martyn got so excited about the good news that he even hugged both the professors and thanked them at least three times. Q10: Okay. What happened after this? A10: I even gave a comment to Mr. Martyn saying “o isama mo kami sa graduation party mo ha! At mag take kana rin ng BAR exam this year. You should also top the BAR kasi nine (9) years kang nag-aral dito!” (You should invite us to your graduation party. Take the BAR exam this year. You should also top the BAR because you’ve been studying here for nine (9) years!) Mr. Martyn laughed and said “sana nga po, Ma’am! Thank you po!” (Hopefully, Ma’am! Thank you!) Q11: And then, what happened after? A11: Mr. Martyn went out of the room. I commented to the two “ang bait n’yo ha! Kung ako yun di ko bibigyan ng grade yun ng libre!” (You two are so nice! If that were me, I wouldn’t give him a passing grade for free!) Atty. Lab replied “hayaan mo na, nakakaawa eh, ang tagal na niya dito. Pagbutihan na lang niya sa BAR!” (Let it go. I pity him. He’s been here too long. I just hope he does well in the BAR!) Q12: What happened next? A12: All of us professors went back to what we were doing before Mr. Martyn came to our office. Some of the professors prepared for their classes, the others left. Q13: Do you have anything else to say, Atty Delima? A13: No more, Ma’am. IN WITNESS WHEREOF, I have hereunto affixed my signature this 12th day of March 2016 at Tacloban City, Philippines. Leila L. Delima ATTY. LEILA DELIMA Affiant SUBSCRIBED AND SWORN to before me, a notary public of Tacloban City on this 12th day of March 2016, affiant personally came and appeared before me, exhibiting her Passport No. 093462 issued on April 15, 2014 at Tacloban City, known to me and avowed under penalty of law to the whole truth of the contents of said instrument. Julia C. Romualdez Atty. Julia C. Romualdez NOTARY PUBLIC Until December 31, 2016 PTR No. 050183/Baguio City/01-11-16 Roll of Atty. No. 8121983 IBP Lifetime Membership No. 9031984 Tacloban City Doc. No. 28 Page No. 04 Book No. 06 Series of 2016. ATTESTATION OF LEGAL COUNSEL I, JULIA C. ROMUALDEZ, Asst. Provincial Prosecutor, Detailed PPO-Tacloban City, Leyte, after having been sworn to in accordance with the law do hereby depose and say: 1. That I have faithfully recorded or caused to be recorded the questions I asked and the corresponding answers that witness, Atty. Leila Delima, gave; 2. That I have not, nor any other person present or assisting coached the witness regarding the witness’ answers; and 3. That I fully understand that any false attestation shall subject me to disciplinary action, including disbarment. IN WITNESS WHEREOF, I have hereunto affixed my signature this 12th day of March 2016 at Tacloban City, Philippines. Manuela Kilton ATTY. MANUELA M. KILTON Counsel for Plaintiff 31 Burgos Street, Tacloban City PTR No. 050183/Tacloban City/01-11-16 Roll of Atty. No. 8121983 IBP Lifetime Membership No. 9031984 Both issued in Tacloban City MCLE Compliance V—005374 Issued on January 11, 2016 SUBSCRIBED AND SWORN to before me this 12th day of March 2016 at Tacloban City, Philippines. Julia C. Romualdez Atty. Julia C. Romualdez NOTARY PUBLIC Until December 31, 2016 PTR No. 050183/Baguio City/01-11-16 Roll of Atty. No. 8121983 IBP Lifetime Membership No. 9031984 Tacloban City Doc. No. 28 Page No. 04 Book No. 06 Series of 2016.
