Complete Judicial Affidavit Sample

 

Republic of the Philippines REGIONAL TRIAL COURT National Capital Judicial Region Branch 85, Quezon City

People of the Philippines, Plaintiff, -versusAdam Burgos y Mabini, Accused. x-------------------------------------x

CRIMINAL CASE NO. Q-10-00604 For: Parricide

JUDICIAL AFFIDAVIT OF ABEL BURGOS Y MABINI

I, Abel Burgos y Mabini, 16 years old, single, and living at #7 Maligaya St., o ath that: Quezon City, witness for the prosecution in this case, states under oath

PRELIMINARY STATEMENT

The person examining me is Atty. Miguel R. Bayot with address at 10 General Avenue, GSIS Village, Quezon City. The examination is being held at the same address. I am answering his questions voluntarily, to the best of my knowledge and fully conscious that I do so under oath and may face criminal liability for  false testimony and perjury. PURPOSE

This affidavit/testimony of witness Abel Burgos y Mabini is being offered to  prove the existence of sufficient provocation on the part of the accused. 1.  Q. Please state your name and other personal circumstances for the record. A.  I am Abel Burgos y Mabini, 16 years old, single and with residence at #7 Maligaya St., Quezon City.  2.  Q. A. 

How do you know the accused in this case? He is my father.

3.  Q. A. 

Do you know Cain? Yes.

4.  Q.

How are you related to him?

 

A. 

He is my brother.

5.  Q. A. 

Where were you last August 19? My brother and I were coming home from school. When we arrived at our house around 7:00 pm, I heard my father asking money from mother.

6.  Q. A. 

What happened after that, if any? My brother and I went to look for our parents and found them in the living room. Our mother told father that she has no money to give him. Afterwards, father started shouting again and also started hitting mother.

7.  Q. A. 

How often does your father shout and hit your mother? Almost every night.

8.  Q. A. 

Can you say that your father is hitting her harder than usual? Yes.

9.  Q. A. 

What did you do after? My brother and I approached our father and started punching him. He stopped hitting our mother and turned toward us. At this point, our  mother passed out from the beating she received. Then, father threw  punches at me. He hit me several times enough to make me feel dizzy and nauseated. I began to cry and ask my brother Cain for help.

10. Q. A. 

What happened after? Cain shouted that he will kill father and at the same time he  punched father repeatedly to make him stop hitting me. Through the racket, I glanced and saw my mother gain consciousness. Then, I saw father backed away for a few moments, opened a cabinet, and grabbed the gun. He pointed it towards brother and pulled the trigger.

11. Q. A. 

What happened to your brother? I saw him fell to the floor. My mother started screaming and remained where she was while I ran towards my brother. There was  blood everywhere. I kneeled in front of him and called his name several times but his eyes remained close. Meanwhile, father walked out of the house and never returned that night.

12. Q. A. 

What did you and your mother do after your father walked out? My mother went hysterical hyste rical and started to threaten me saying “wag ka magsusumbong kung hindi, makakatikim ka sa akin.” She Sh e kept on saying those lines until Tiya Pusit arrived. 13.  Q. What happened after Tiya Pusit arrived, if any?

 

A. 

14. Q. A. 

15. Q. A. 

Upon seeing my brother ’s ’s body, Tiya Pusit asked my mother what happened. Instead of answering her question, my mother started shouting “wag kang makialam dito.” Seeing that I was crying and afraid, she dragged me to the barangay. My mother did not stop her. What happened when you reached the barangay? I was examined for injuries and they found out ou t that I have fresh  bruises on my arms and legs. They also saw that I have old wounds that are beginning to heal. How did you acquire these bruises? The fresh ones are from that night we defended de fended our mother and the old ones are both from mother and father.

Affiant further sayeth naught.

 ________________________  ABEL BURGOS Y MABINI AFFIANT SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in Quezon City on September 16, 2013. Affiant personally came and appeared with Driver’s License No. D04-08-001234 D04-08-001234 issued by the Land Transportation Office on April 10, 2011, bearing his photograph and signature and Passport No. 00123456 issued by the Department of Foreign Affairs on April 10, 2012, known to me as the same person who personally signed the foregoing instrument before me and avowed under penalty of law to the whole truth of the contents of said instrument. Atty. Raymond Sanchez  Notary Public Public for Quezon Quezon City 6 Jupiter St., Greenland Village, Pasig City Appointment No. 123 Until December 31, 2014 IBP No. 123456; 01/10/14 — Quezon Quezon City PTR No. 123456; 01/10/14 — Quezon Quezon City Roll No. 1234 5/05/08 MCLE No. I 001234; 9/09/12 MCLE No. II 005678; 12/09/12 Serial No. of Commission M-12

Doc No. 12 ; Page No. 34; Book No. V; Series of 2013.

 

ATTESTATION

I, Atty. Miguel R. Bayot, of legal age, Filipino, with postal address at 10 General Avenue, GSIS Village, Quezon City after being duly sworn depose and say that: 1.  I conducted the examination of Abel Burgos y Mabini for Criminal Case  No. Q-10-0064 entitled People of the Philippines versus Adam Burgos y Mabini for Parricide at my aforementioned postal address. 2.  I have faithfully recorded or caused to be recorded the questions I asked and the corresponding answer that the witness gave; gav e; 3.  I nor any other person then present or assisting her coached the witness regarding her answers; IN WITNESS WHEREOF, I have hereunto set my hand on this 16 September 2013 at Quezon City.

th

day of 

Atty. Miguel R. Bayot IBP No. 591481; 01/10/14 — Quezon Quezon City PTR No. 114216; 01/10/14 — Quezon Quezon City Roll No. 121415; 5/05/09 MCLE No. I 001234; 9/09/12 MCLE No. II 005679; 12/09/12

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in Quezon City on September 16, 2013. Affiant personally came and appeared with Driver’s License NO. D04-00-001234 D04-00-001234 issued by the Land Transportation office on April 10, 2010, bearing his photograph and signature and Passport No. 0012346982 issued by the Department of Foreign Affairs on April 10, 2011, known to me as the same person who personally signed the foregoing instrument  before me and avowed under the penalty of law to the whole truth of the contents of said instrument. Atty. Raymond Sanchez  Notary Public for Quezon City City 6 Jupiter St., Greenland Village, Pasig City Appointment No. 123 Until December 31, 2014 IBP No. 123456; 01/10/14 — Quezon Quezon City PTR No. 123456; 01/10/14 — Quezon Quezon City Roll No. 1234 5/05/08 MCLE No. I 001234; 9/09/12 MCLE No. II 005678; 12/09/12 Serial No. of Commission M-12

Doc No.

56 ;

Page BookNo. No.

78; IX;

 

Series of 2013.

Copy Furnished: CITY PROSECUTOR KRISTEL FRANCINE L. TIU (Public Prosecutor) th 4 floor Quezon City Hall of Justice Bldg., Diliman, Quezon City ATTY. KYLE MALACHY S. KREBS (Counsel for the Accused) 123 Maginhawa St., UP Village Quezon City ADAM BURGOS y MABINI (Accused) c/o Warden, Quezon City Jail