Affidavit in Petition for Receivership

CITY OF MANILA                         )S.S.


            A, of legal age, married and a resident of the City of Manila, Philippines, after having duly sworn in accordance with law, hereby deposes and says:
            That he is the Plaintiff in the above titled case and that he has read the foregoing complaint and that the facts therein stated are true and correct;

            That he is the owner of the estate as pro-indiviso owner of the same with the defendant;
            That the defendant is in actual physical possession of the property in litigation and as such, he is in control of the produce of the said property pending litigation;

            That the produce or income from said property are in danger of being lost, removed or materially injured unless a receiver be appointed to guard and preserve the same, and the defendant is not only hostile to the plaintiff but also shows his demands to exclude said plaintiff from all the products or proceeds coming from the said property;

            That the defendant is hopelessly insolvent for he is heavily indebted to various persons;

            That he is willing and ready to file a bond in the amount which this Honorable Court may fix in favor of the defendant against whom this receivership is presented to the effect that he, the plaintiff will pay to the said defendant all damages which he will sustain by reason of the appointment of receiver in case the plaintiff shall have procured such appointment without sufficient cause, and such other bonds which this Honorable Court may require him to file hereafter, as security for such damages.