judicial affidavit-casimiro.docx

REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT THIRD JUDICIAL REGION BRANCH 27 Cabanatuan City

PEOPLE OF THE PHILIPPINES, PHILIPPINES , Plaintiff,

Criminal Case Nos. Nos. 28104-AF, 28105-AF, 28106-AF, 28107-AF, 28108-AF, 28109-AF, 28110-AF and 28111-AF -versus-

DIANNE VERNICE CASIMIRO y VILORIA, VILORIA,  Accused, X--------------------- ----------------- X

JUDICIAL AFFIDAVIT OF DIANNE VERNICE CASIMIRO Y VILORIA IN THE FORM OF QUESTION AND ANSWER IN LIEU OF DIRECT TESTIMONY OFFER OF TESTIMONY: The testimony of DIANNE VERNICE CASIMIRO y VILORIA, is being offered in evidence, to contradict the allegations of private complainant and support the defense of the accused. I, DIANNE VERNICE CASIMIRO Y VILORIA, of legal age, Filipino citizen, with residence at #169 Barangay Pulong , Buli, Sto. Domingo, Nueva Ecija, make the hereunder statements under oath:

The person examining me is Atty. Fe B. Añonuevo , with office address at Unit 3 Provincial Capitol Site, Trece Martires City, Cavite. I am answering her questions fully conscious that I do so under oath and may face criminal liability for false testimony and  perjury. Question 1.

Madame could you you please state your name and other other personal circumstances. Answer 1. I am Dianne Vernice V. Casimiro, married a business woman with residence at #169 Barangay Pulong , Buli, Sto. Domingo, Nueva Ecija.

Question 2. Could you please state your interest interest in the the case at at bar? Answer 2. I am the accused in the case. Page 1 of 6 Judicial Affiadavit : Dianne Vernice V. Casimiro

Question 3. Do you know the private complainant King Fherry Estavillo? Answer 3. Yes. He is my classmate in college for two (2) years. Question 4. Aside from being a classmate do you have any further relation with Mr. Estavillo? Answer 4. In the year 2013 when King Fherry opened a milk tea shop in Magsaysay Sur, Cabanatuan near Wesleyan University I supplied deserts and snacks at his shop. Question 5. Is there any addition of you being a supplier of desert and snacks to the complainant? Answer 5. King Fherry became my mentor in the field of business, because of our  professional relationship he became a godfather to my son. Question 6.

In the year 2015 do you remember any significant events?

Answer 6.

Yes, King Fherry convinced me to buy his milk tea shop in the amount of One Million Five Hundred Thousand Pesos (P 1,500,000.00)

Question 7.

How did you pay the amount you mentioned?

Answer 7.

I issued postdated checks and I secured several loans.

Question 8.

How come that your check booklets came in the possession of the private complainant?

Answer 8.

Because King Fherry insisted that it would be for our best interest if he is the one holding the checkbook.

Question 9. Among of the checks that are the subject of this case are several checks under account at the Bank of the Philippine Islands, could you confirm if this under your account? Answer 9.

It was King Fherry who opened the account at BPI under my name. I did not personally appear in the bank, nor singed any instrument relative to the opening of a checking account.

Atty. Fe B. Añonuevo: With the Honorable Court’s permission it is requested the Bank Manager of BPI Rolando Apolonio  (Melencio Cabanatuan Branch) be summoned on the next hearing to confirm as to who opened the account number 623131212. Question 10. Do you have any other checking accounts where the check booklets are in the possession of the private complainant?

Page 2 of 6 Judicial Affiadavit : Dianne Vernice V. Casimiro

Answer 10. Yes, accounts under my name at the Philippine Business Bank, Philippine  National Bank and EastWest Bank with account number 200011429652 . Question 11. Ms. Witness can you state for the record that the signature appearing in checks under account at Bank of the Philippine Islands with account number 62313121 is not yours? Answer 11. The signature in the checks you mentioned is not mine. Atty. Fe B. Añonuevo: With the Honorable Court’s permission it is requested an expert in signature verification from the National Bureau of Investigation be summoned in the next hearing to confirm the veracity of signature appearing on the checks mentioned. Question 12. Did you issue checks using your Producers Savings Bank account no. 00522-001034-4 ? Answer 12. I have already paid the checks and issued using Producers Banks checks through Esquire Financing. However , he did not give me back my post dated checks after I have paid him in full. I have paid the following checks under Producers Savings Bank Check Number

Date

Amount

8538706

January 10, 2016

Php 63,180.40

8538707

February 10, 2016

Php 63,180.40

8538708

Mach 10, 2016

Php 63,180.40

8538709

April 10, 2016

Php 63,180.40

8538710

May 10, 2016

Php 63,180.40

8538711

June 10, 2016

Php 63,180.40

8538712

July 10, 2016

Php 63,180.40

8538713

August 10, 2016

Php 63,180.40

8538714

September 10, 2016

Php 63,180.40

8538715

October 10, 2016

Php 63,180.40

8538716

November 10, 2016

Php 63,180.40

8538717

December 10, 2016

Php 63,180.40

8538718

January 10, 2017

Php 63,180.40

8538719

February 10, 2017

Php 63,180.40

4714319

January 20, 2016

Php 30, 539.55

4714320

February 20, 2016

Php 30, 539.55

4714321

March 20, 2016

Php 30, 539.55

4714322

April 20, 2016

Php 30, 539.55

Page 3 of 6 Judicial Affiadavit : Dianne Vernice V. Casimiro

In addition, I have paid him cash through BDO the following under account number 00930152557 (King Fherry S. Estavillo) Date

Amount

January 17, 2015

Php 20,500.00

January 21, 2015

Php 73,000.00

February 4, 2015

Php 6, 764.00

February 10, 2015

Php 63, 180.00

Question 14. How about the Php 150,000.00 he is claiming under Producers Savings Bank check no. 0050002737 dated July 30, 2016. Answer 14. I have also paid this amount thru Esquire Financing. Question 15. Due to your standing obligation, complainant claims that a demand letter was sent to you and was received by Donna Casimiro, do you confirm the receipt of the demand? Answer 15.

I did not receive any demand, nor any summon for this case. The records will prove that the demand letter was addressed at 152 J.B. Pascual St. Cabugao Sto.Domingo , however since December 2016 up to present we have resided at 169 Brgy. Pulog Buli Sto. Domingo, I likewise do not know a Donna Casimiro.

Question 16. Can you prove the claims you just made? Answer 16. I have a Certification from Brgy. Cabugao, stating that a Donna Casimiro is not a resident therein. I also have a certification from the Municipal Post Office of Sto. Domingo, stating that the letter of demand and not delivered to a certain Donna Casimiro. Atty. Fe B. Añonuevo: With this Honorable Court’s permission it is requested that the Certification from Brgy. Cabugao be marked as Exhibit “1” and the Certification from the Municipal Post Office of Sto. Domingo be marked as Annex “2”.

Question 17. Ms. Witness at the early part of your testimony you described to have a good relationship with the complainant, can you elaborate as to why Mr. Estavillo is now filing a case against you? Answer 17. During the period that me and King Fherry were in good terms I personally witnessed as to how he would file estafa cases to his business partners using checks with forged signatures, in order to make money.

Page 4 of 6 Judicial Affiadavit : Dianne Vernice V. Casimiro

Question 18. And how can Mr. Estavillo make money in filing a case of estafa ? Answer 18. Because most the time the respondents in order to avoid inconvenience and humiliation would opt to settle the matter by paying King Fherry. Question 19. Can you state for the record that the private complainant is doing the same modus against you? Answer 19. Yes, he is. Question 20. Can you further state for the record that you do not have any existing obligation monetary or otherwise to the private complainant. Answer 20. No, I do not have any existing obligation with King Fherry Estavillo monetary or otherwise Atty. Fe B. Añonuevo: Nothing further your Honor. x-x-x-x-x-x — x-x-x-x-x-x-x-x-x-x-NOTHING FOLLOWS-x-x-x-x-x-x-x-x-x-x-x-x-x-xIN WITNESS WHEREOF, I have hereunto affixed my signature on this 2 nd day of February 2018 at Cabanatuan City.

DIANNE VERNICE CASIMIRO y VILORIA Affiant

SUBSCRIBER AND SWORN to before me on this 2 nd  day of February 2018 at Cabanatuan City. The affiant, presented to me her  ________________________________as competent proof of identification.

Doc No. :______ Page No.:______ Book No.:______ Series of: 2018

ATTESTATION

Page 5 of 6 Judicial Affiadavit : Dianne Vernice V. Casimiro

I faithfully recorded the questions I asked Ms. Dianne Vernice Casimiro Y Viloria and the corresponding answers she gave me and neither I nor other person then present coached Ms. Casimiro reharding her answes.

ATTY. FE B. AÑONUEVO

SUBSCRIBED AND SWORN to before me on this 2nd  day of February 2018 at Cabanatuan City. ATTY. FE B. AÑONUEVO presenting to me her Integrated Bar of the Philippines (IBP) membership identification card with number 35746, bearing her photo and signature as competent proof of identification. Doc No. :______ Page No.:______ Book No.:______ Series of: 2018

Copy furnished : (via personal service) HON. ENRICO S. INTERIOR Associate City Prosecutor Office of the Prosecutor Cabanatuan City

Page 6 of 6 Judicial Affiadavit : Dianne Vernice V. Casimiro