Republic of the Philippines

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
Branch 26
Manila City

DRAKE GOODMAN,
Plaintiff,
Civil Case No. M-MLA-2018-
08-29
-versus-

For: RECOVERY OF
POSSESSION,
JAMES DANFORTH DAMAGES and
Defendant. ATTORNEY’S FEES
x- - - - - - - - - - - - - - - - - - - -x with application for the
issuance of a WRIT OF
PRELIMINARY
INJUNCTION
JUDICIAL AFFIDAVIT OF DRAKE GOODMAN

DRAKE GOODMAN offers his testimony by way of Judicial

Affidavit, to prove that:

1. That Drake Goodman and Patty Palmer, are the rightful

owners of the property subject of this case, more particularly
described as No. 2456, Pacific Heights Street, Taft Ave.
Malate, Manila City covered by Original Certificate of Title
No. 12345, with an assessed value of Fifteen Million Three
Hundred and Thirty-Three Thousand Pesos
(P15,333,000.00);

2. That Defendant executed a lease contract with one of the

petitioners Patty Palmer on March 1, 2017, with a
stipulation of monthly rentals amounting to Sixty-
Thousand Pesos (P60,000.00) with a security deposit of
One Hundred Twenty Thousand Pesos (P120,000.00). A
copy of the lease contract is attached as ANNEX “D” and
made an integral part of this complaint.

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Goodman vs Danforth
JA – Drake Goodman
 3. That the Defendant only made a payment for the month
of March and failed to pay for the succeeding months.

4. That the Defendant continue to occupy the premises despite

repeated oral and written demands from Drake Goodman
and Patty Palmer;

5. That a Notice to Vacate and a demand for immediate

payment was sent to Defendant on August 1, 2017 which
was received August 7, 2017 by personal service, but was
never heeded. A copy of Plaintiff’s Notice to Vacate is
attached as ANNEX “E” and made an integral part of this
complaint.

6. Despite such demands to vacate the subject premises and

the lapse of the period given to vacate the same, the
Defendant refused and continue to refuse, to vacate the
premises entitles Plaintiff to a Writ of Preliminary
Injunction; and,

7. Due to all acts perpetrated by the Defendant which violated

Plaintiffs Drake Goodman and Patty Palmer’s proprietary
rights, the Plaintiffs are also entitled to receive all monetary
awards prayed for in the Complaint.

I, DRAKE GOODMAN, of legal age, Filipino, and a resident of

No. 2456, Pacific Heights Street, Taft Ave. Malate, Manila City,
after having been duly sworn to in accordance with law do hereby
depose and state THAT:

PRELIMINARY STATEMENT

In accordance with A.M. No. 12-8-8-SC, I hereby execute this

judicial affidavit in a question and answer format. The person taking
my testimony is Atty. Ana Grace E. Lapu, with office address at 3/F
LOPEZ BLDG., CANDELARIA ST., PASAY, MANILA and the taking
of my testimony is being held at the same address. I am answering
her questions fully conscious that I do so under oath and may face
criminal liability for false testimony and perjury.

QUESTIONS AND ANSWERS

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Goodman vs Danforth
JA – Drake Goodman
Question 1: Before we begin, are you aware that you are
under oath and may face criminal liability for
false testimony and perjury?

Answer Yes, attorney.

Question 2: Please state your name and other personal

circumstances.

Answer I am DRAKE GOODMAN, of legal age,

Filipino, and a resident of No. 2456, Pacific
Heights Street, Taft Ave. Malate, Manila
City.

Question 3: How are you related to the other plaintiff in

the present case?

Answer I am the partner/ long-time boyfriend of

Miss Patty Palmer, and a co-owner to the
property in issue.

Question 4: When you said that you are co-owner to the

property in issue, do you have proof of such
ownership?

Answer Yes, we have a Certificate of Title under Patty

and my name.

Question 5: I am showing you a Certificate of Title to a

property Transfer Certificate of Title No.
12345, is this the same certificate title that
you are referring to?

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JA – Drake Goodman
Answer Yes, that is the certificate of title to our
property.

Question 6: I am marking this Certificate of Title as

Exhibit “A” and will attach the same to form
part of your Judicial Affidavit, do you
confirm my action?

Answer Yes.

Question 7: How do you know the defendant Mr. James

Danforth?

Answer He is our lessee to one of our flats within our

property.

Question 8: What is your proof for such relationship?

Answer We have a Lease Contract which was

executed between Mr. Danforth and my co-
owner Miss Patty Palmer.

Question 9: I am showing you a Contract of Lease dated

March 1, 2017, is this the same contract of
lease you are referring to?

Answer Yes.
Question 10: I am marking this Contract of Lease as
Exhibit “B” and will attach the same to form
part of your Judicial Affidavit, do you
confirm my action?

Answer Yes.

Question 11: How do you know that the lease contract was
indeed executed by Miss Palmer and Mr.
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JA – Drake Goodman
 Danford?

Answer I was present during the signing of the Lease

contract.

Question 12: Why did you not sign it, when you yourself
is a part-owner of the said property?

Answer Patty and I thought that either of us can sign

the same as lessor and the other can be a
witness, and it will still be legally sound.

Question 13: Approximately, how close were you in terms

of distance, to the parties in the contract
when they signed it?

Answer I was seated in the same table where they

were signing the contract, maybe less than a
meter.

Question 14: Do you happen to know the stipulations to

the contract of lease?

Answer Yes, I know the stipulations in the lease

contract because I drafted it with Patty and
our lawyer.

Question 15: Do you know how much was the stipulated

monthly rental and security deposit fee?

Answer Yes, the monthly rental fee is Sixty Thousand

Pesos (P60,000.00), while the security deposit
fee is One Hundred Twenty Thousand pesos
(P120,000.00).

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Goodman vs Danforth
JA – Drake Goodman
Question 16: I am showing you, number 3 of the Terms
and Conditions of the Contract of Lease. Is
this where the information that you have just
said found?

Answer Yes, that is where the stipulation for the

Rental Fees and Other Fees such as Security
Deposit is written.

Question 17: I am bracketing this Number 3 and offering it

as Exhibit “B-1” and will attach the same to
form part of your Judicial Affidavit, do you
confirm my action?

Answer Yes.

Question 18: Do you know what will happen should the

lessor fail to pay his monthly rent?

Answer Yes, as provided for in the Contract of Lease,

In the event the lessee fails to pay his
monthly rent, it is in the discretion of the
LESSOR to terminate the contract entered
into by them. The LESSEE shall thereafter
vacate the premises and deliver the property
back to the LESSOR.

Also it is provided that in the event that the

lessee fails to pay rental fees for TWO (2)
Consecutive months, the lessee shall forfeit
his security deposit, and the lessor shall have
the right to evict the same without the need
for any judicial demand.

Question 19: I am showing you, number 12 of the Terms

and Conditions of the Contract of Lease. Is
this where the information that you have just
said found?
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Goodman vs Danforth
JA – Drake Goodman
Answer Yes, that is the stipulation for the Non-
Payment.

Question 20: I am bracketing this Number 12 and offering

it as Exhibit “B-2” and will attach the same to
form part of your Judicial Affidavit, do you
confirm my action?

Answer Yes.

Question 21 When did Mr. Danforth move in to the

property?

Answer He moved in right away, same day in fact.

Question 22 The contract seems valid and binding. Why

are you pursuing this case for possession of
your property?

Answer Because, Mr. Danforth only paid once. Only

that time when he signed the contract.
Thereafter, he did not pay any rent at all.

Question 23 So when was his last payment?

Answer March 1, 2017.

Question 24 What did you do, if there’s any, after Mr.

Danforth failed to pay his rent thereafter?

Answer I made a written demand dated April 30,

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Goodman vs Danforth
JA – Drake Goodman
 2017, but that demand was ignored.

Question 25 Who signed the demand letter?

Answer I signed it.

Question 26 I am showing you a Demand Letter dated

April 30, 2017, is this the same Demand
Letter that you are referring to?

Answer Yes.
Question 27 Can you Identify the signature located at the
bottom right part of this one-page demand
letter on top of the name Drake Goodman?

Answer That is my signature.

Question 28 I am bracketing the signature located at the

bottom right part of this one page letter, and
marking this Demand Letter dated April 30,
2017 as Exhibit “C” and will attach the same
to form part of your Judicial Affidavit, do
you confirm my action?

Answer Yes.

Question 29 After the demand letter was unheeded, what

did you do, if there’s any?

Answer We barely saw him, and when we do, we

would ask for the payment, but he would just
tell us that the money have been transferred
from his bank to ours.

Question 30 What happened next, if there’s any?

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Goodman vs Danforth
JA – Drake Goodman
Answer In May 30, 2017, I handed him another
demand letter reminding him that he will be
evicted if he would not pay.

Question 31 I am showing you a Demand Letter dated

May 30, 2017, is this the same Demand Letter
that you are referring to?

Answer Yes.

Question 32 Can you Identify the signature located at the

bottom right part of this one-page demand
letter on top of the name Drake Goodman?

Answer That is my signature.

Question 33 I am bracketing the signature located at the

bottom right part of this one page letter, and
marking this Demand Letter dated May 30,
2017 as Exhibit “D” and will attach the same
to form part of your Judicial Affidavit, do
you confirm my action?

Answer Yes.

Question 34 What happened after that, if there is any?

Answer He still did not pay. So in June, we gave him

another demand letter, this time, to pay the
rent, otherwise he will be evicted.

Question 35 I am showing you a Demand Letter dated

June 30, 2017, is this the same Demand Letter
that you are referring to?
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JA – Drake Goodman
Answer Yes.

Question 36 Can you Identify the signature located at the

bottom right part of this one-page demand
letter on top of the name Drake Goodman?

Answer That is still my signature.

Question 37 I am bracketing the signature located at the

bottom right part of this one page letter, and
marking this Demand Letter dated June 30,
2017 as Exhibit “F” and will attach the same
to form part of your Judicial Affidavit, do
you confirm my action?

Answer Yes.

Question 38 So after the demand, did he pay this time?

Answer No. He did not.

Question 39 With all those demands, and his failure to

still pay, why did you not evict him?

Answer He said that he has already transferred

money from his account to ours. We just
wanted to give him the benefit of the doubt.

Question 40 Do you have proof that he has not indeed

transferred money to your accounts?

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Goodman vs Danforth
JA – Drake Goodman
Answer I have a bank certificate showing that no
funds came from Mr. Danforth to our bank
on the dates he said they would be
transferred, or any date at all.

Question 41 I am showing you a Bank Certificate dated

July 30, 2018, is this the same Bank Certificate
that you are referring to?

Answer Yes.

Question
43 I am marking this Bank Certificate as Exhibit
“G” and will attach the same to form part of
your Judicial Affidavit, do you confirm my
action?

Answer Yes.

Question 44 What happened after your last demand and

his refusal to pay the same, if any?

Answer We posted a notice to vacate in his unit,

which again he did not heed.

Question 45 I am showing you a Notice to Vacate dated

August 1, 2017, is this the same Notice to
Vacate that you are referring to?

Answer Yes.

Question 46 I am marking this Notice to Vacate as Exhibit

“H” and will attach the same to form part of
your Judicial Affidavit, do you confirm my
action?

Answer Yes.
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JA – Drake Goodman
Question 47 After failing to collect his payment for rental
fees and in evicting him, what did you do if
there is any?

Answer Because we just could not bear it anymore,

we went to the Barangay to amicably settle
the problem in August 15, 2017, but he did
not show up. Not once in the three
consecutive dates that we were to meet in the
Barangay up to the last hearing date on
August 27, 2017.

Question 48 Do you have any certification from the

Barangay that would show the facts that you
just said?

Answer Yes, we have the Certification to File Action

given to us by the Barangay dated August 27,
2017.
Question 49 I am showing you a Certification to File
Action dated August 27, 2017, is this the
same Notice to Vacate that you are referring
to?

Answer Yes.

Question 50 I am marking this Certification to File Action

as Exhibit “I” and will attach the same to
form part of your Judicial Affidavit, do you
confirm my action?

Answer Yes.

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JA – Drake Goodman
Question 51 Do you have any more to say?

Answer No more, thank you.

IN WITNESS WHEREOF, I, DRAKE GOODMAN, hereby affix my

signature this 27th day of August 2018 at Manila, Philippines.

DRAKE GOODMAN,
Affiant-witness
I.D. Type and No. Postal I.D. 2983509

SUBSCRIBED AND SWORN to before me, this 27th day of

August 2018, in Manila City, Philippines; Affiant-witness having
exhibited to me her as competent evidence of identity described
above.

Doc. No. ______;

Page No. ______;
Book No. ______;
Series of 2018.

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Goodman vs Danforth
JA – Drake Goodman
 ATTESTATION

I, ANA GRACE E. LAPU, with office address at 3/F LOPEZ

BLDG., CANDELARIA ST., PASAY, MANILA, Philippines, attest
under oath that:

I personally conducted the taking of the testimony DRAKE

GOODMAN, the Affiant-witness in the instant case;

I faithfully recorded the questions I asked and the

corresponding answers given thereto; and,

Neither I, nor any other person then present coached DRAKE

GOODMAN regarding her answers to my questions.

ANA GRACE E. LAPU

Affiant

SUBSCRIBED AND SWORN to before me, this 29th of August,

2018, in Manila City, Philippines; Affiant having exhibited to me her
competent evidence of identity, described above.

Doc. No. ____;

Page No.____;
Book No.____;
Series of 2018.

Copy furnished
Thru Personal service:

ATTY. RAY MARK GINCO

ATTY. CHARLOTTE SUERTE
Liong Law Office
Ground Floor, Bustamante Building,
(formerly Ponciano Reyes) C., C. Bangoy St
Manila City
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