Example of Judicial Affidavit

Republic of the Philippines
REGIONAL TRIAL COURT

8TH Judicial Region
Branch 8
Tacloban City
Western Eagle Ltd.,

Plaintiff,
CIVIL CASE NO. 2015-1
-versus- FOR ENFORCEMENT OF
A FOREIGN JUDGMENT
Juan P. Masipag,
Defendant.
/------------------------------------------------/
JUDICIAL-AFFIDAVIT OF REBECCA POON
I, REBECCA POON, of legal age, Chinese, married, and a

resident of Flat 27, 12/F, Acacia Building, 150 Kennedy Road, WAN
CHAI, HONG KONG, PEOPLE'S REPUBLIC OF CHINA, after having
been sworn to in accordance with law hereby depose and state the
following and/or narration of facts. The deposition was conducted by
ATTY. MARY IVY PACALA at her Office address at Asia Tower,
Room 22, Real St., Tacloban City on January 23, 2016 at about 9
o’clock in the morning;
I am answering the questions enumerated below, fully

conscious that I am doing so under oath and I may face criminal
liability for false testimony or perjury.
PRELIMINARY STATEMENT
The testimony of the witness is offered for the following purpose:

[1] that she is an expert of Hong Kong laws, [2] to explain on how to
commence a civil action under the Hong Kong laws.
1. You have identified yourself to be REBECCA POON, Are

you also the same REBECCA POON who executed this Judicial-
Affidavit in support for JUAN MASIPAG’s defense? Kindly check
and verify if it the same Affidavit that you have executed. [The
Witness verifies a judicial affidavit and checks the signature
appearing on the Affidavit. She then confirms the signature appearing
thereat to be her signature and likewise confirms that this Judicial-
Affidavit is her affidavit executed pursuant to this case.]
Yes. I am the same person who executed this Judicial-Affidavit
detailing all of my personal circumstances. The signature appearing
in this Judicial-Affidavit is mine and it is my genuine signature. I
signed it at the time of the execution of the same affidavit and just
prior to its notarization.
2. Can you please tell us your personal circumstances

starting with your age, marital status, citizenship, address,
occupation?
I am 41 yrs. old, married, Chinese, and a resident of Flat 27,

12/F, Acacia Building, 150 Kennedy Road, WAN CHAI, HONG
KONG, PEOPLE'S REPUBLIC OF CHINA. I am a barrister by
profession in Hong Kong.
3. Which law school did you graduate from?
I graduated from University of Hong Kong.
4. When did you graduate?
2000.
5. When did you pass the bar exam?
April 2003.
6. When did you become a member of the Hong Kong Bar?
2003.
7. How long have you been practicing law?
For almost 13 years.
8. What type of cases that you usually handle in court?
Cases with respect to Civil Law and Commercial Law.
9. Can you tell us on how to commence a civil action under

the Hong Kong laws?
Civil proceedings in the Court of First Instance may begun by

writ or originating summons.
10. Who will serve the writ of summons?

The writ of summons or claim can be served by the solicitor
(lawyer) of the claimant or plaintiff. In Hong Kong there are no Court
personnel who serve writs of summons and/or most other processes.
11. Can you explain the process of serving the writ of

summons under Hong Kong Laws?
Yes. Under First, a writ must be served personally on each

defendant by the plaintiff or his agent. Also, a writ for service on a
defendant within the jurisdiction may, instead of being served
personally on him, be served by sending a copy of the writ by
registered post to the defendant at his usual or last known address,
or if there is a letter box for that address, by inserting through the
letter box a copy of the writ enclosed in a sealed envelope addressed
to the defendant.
12. What if the defendant is not in Hong Kong, how will be

the service of summons be effected?
It depends if the case is allowed under the rules of the High

Court of Hong Kong. Service of a writ out of the jurisdiction is
permissible with the leave of the Court or without need of leave of
court.
13. Why is it that a writ of summons must be served to the

defendant?
So that the court can acquire jurisdiction over the person of the
defendant.
14. What will happen if no writ of summons is served to the

defendant?
The court did not acquire jurisdiction over the person of the
defendant. Hence, the judgment of the court is null and void.
15. No further questions at this time.
REBECCA POON
Affiant
ID No. 5009251
Valid until 09-30-2017
SUBSCRIBED AND SWORN to before me this 23nd day of

January 2016 at the Tacloban City, affiant who is known to me,
nonetheless, exhibited her Valid Identification Card for purposes of
confirming her identity and who signed said document in my
presence and sworn as to said document that she understood the
contents thereof and that the same was her free and voluntary act
and deed.
Doc. No.: 12 ATTY. DIANA JEAN ALICER-AVILA

Page No.: 12 Notary Public
Book No.:2 Real St. Tacloban City
Series of 2016 IBP Lifetime No. 07688
Roll No. 50080/May 2, 2005
PTR No. 6768044/January 4, 2014
MCLE Compliance IV-0015357/April
2, 2013
ATTESTATION CLAUSE
The undersigned counsel, ATTY. MARY IVY PACALA, hereby

attests that she was the one who conducted the examination of the
witness and in the examination, the undersigned: [1] faithfully
recorded or caused to be recorded the questions asked and the
corresponding answers that the witness – REBECCA POON gave;
[2] none of the persons present thereat including the undersigned
counsel coached the witness regarding her answer to the questions;
and [3] any false representation or attestation shall subject the
undersigned to disciplinary action.
ATTY. MARY IVY PACALA

Real St. Tacloban City
IBP Lifetime No. 07687
Roll No. 50089/May 2, 2005
PTR No. 6768041/January 3, 2014
MCLE Compliance IV-0015357/April 2, 2013/Tacloban City
SUBSCRIBED AND SWORN to before me this 23nd day of

January 2016 at the Tacloban City, affiant who is known to me,
nonetheless, exhibited her Valid Identification Card for purposes of
confirming her identity.
Doc. No.:12 ATTY. JESSICA JOY BENDOY

Page No.:12 Notary Public
Book No.:2 Real St. Tacloban City
Series of 2016 IBP Lifetime No. 07688
Roll No. 50080/May 2, 2005
PTR No. 6768041/January 4, 2014
MCLE Compliance IV-0015358/April
2, 2013

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Example of Judicial Affidavit

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How does one commence a civil action under Hong Kong law?

How does one commence a civil action under Hong Kong law?

What is the process for serving a writ of summons under Hong Kong law?

What is the process for serving a writ of summons under Hong Kong law?

Republic of the Philippines

REGIONAL TRIAL COURT

Western Eagle Ltd.,

JUDICIAL-AFFIDAVIT OF REBECCA POON

I, REBECCA POON, of legal age, Chinese, married, and a

I am answering the questions enumerated below, fully

The testimony of the witness is offered for the following purpose:

1. You have identified yourself to be REBECCA POON, Are

2. Can you please tell us your personal circumstances

I am 41 yrs. old, married, Chinese, and a resident of Flat 27,

3. Which law school did you graduate from?

I graduated from University of Hong Kong.

4. When did you graduate?

5. When did you pass the bar exam?

6. When did you become a member of the Hong Kong Bar?

7. How long have you been practicing law?

For almost 13 years.

8. What type of cases that you usually handle in court?

Cases with respect to Civil Law and Commercial Law.

9. Can you tell us on how to commence a civil action under

Civil proceedings in the Court of First Instance may begun by

10. Who will serve the writ of summons?

11. Can you explain the process of serving the writ of

Yes. Under First, a writ must be served personally on each

12. What if the defendant is not in Hong Kong, how will be

It depends if the case is allowed under the rules of the High

13. Why is it that a writ of summons must be served to the

14. What will happen if no writ of summons is served to the

15. No further questions at this time.

SUBSCRIBED AND SWORN to before me this 23nd day of

Doc. No.: 12 ATTY. DIANA JEAN ALICER-AVILA

The undersigned counsel, ATTY. MARY IVY PACALA, hereby

ATTY. MARY IVY PACALA

SUBSCRIBED AND SWORN to before me this 23nd day of

Doc. No.:12 ATTY. JESSICA JOY BENDOY

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