Sample Judicial Affidavit - Kris Pio

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REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT 5th Judicial Region Branch 21 Naga City PEOPLE OF THE PHILIPPINES, Complainant, - versus -

Criminal Case No. 16-1234 For: Violation of Section Article II of R.A. 9165

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JON PIO AND KRIS PIO Accused. x----------------------------------------x

JUDICIAL AFFIDAVIT OF KRIS PIO I, KRIS PIO, 39 years old, married, Filipino, and residing at San Leandro St., Jimenez Park Subdivision, Concepcion Pequeña, Naga City, under oath, depose: 1. Q: Why are you here now? A: To give a sworn statement by way of a judicial affidavit, the same to constitute as my direct testimony, in the above-captioned criminal case. 2. Q: For the record, please state the name and address of the Lawyer who is now conducting or supervising your examination and the place where the examination is being held now? A: Atty. Henry Earl O. Siguenza, is conducting or supervising my examination now at his law office (SalazarLeano Law Offices) located at Ground Floor, ADC Building, Magsaysay Avenue, Naga City. 3. Q: In what language do you want your examination to be conducted? A: This judicial affidavit is prepared in English, but my cross examination may be conducted in Tagalog and English for my convenience and for clarity.

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4. Q: Do you undertake to answer the questions to be asked of you, fully conscious that you will do so under oath, and that you may face criminal liability for false testimony or perjury? A: Yes, Sir. 5. Q: Let us now proceed to the Complaint. Are you aware of the complaint charged against you, namely: Violation of Section 5, Article II of Republic Act No. 9165? A: Yes, Sir. 6. Q: Do you know the Accused “Kris Pio and Jon Pio”? A: Yes, I am Kris Pio and Jon is my husband. 7. Q: Why are you testifying in this case? A: I am testifying in this case because I am one of the herein named “Accused”. 8. Q: Where were you on December 03, 2016 at around 11 o’clock in the evening? A: I and my husband were walking along Catmon 2 St., Magsaysay Avenue, Barangay Balatas, Naga City. 9. Q: Where is this Catmon 2 St., located? A: It was the street located between the ADC Building and Quedancor Building. 10. Q: Where were you headed to? A: We were heading to Primo Liempo to eat with our employees. 11. Q: What were you wearing on December 3, 2016? A: I was wearing pink polo shirt and blue pants with a black leather belt. 12. Q: Will you describe the pair of pants that you wore? A: Yes, Sir. It was plain blue without any pockets and belt loops. 13. Q: If I show you a picture of the pants, will you identify the same? A: Yes, Sir.

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14. Q: I am showing to you a picture of the pants previously marked as EXH- "6", is this the pair of pants that you wore on December 3, 2016? A: Yes, Sir. 15. Q: I am showing to you a picture of a belt previously marked as EXH- "7", is this the belt that you wore on December 3, 2016? A: Yes, Sir. 16. Q: If the pair of pants do not have belt loops, what is the purpose of your belt? A: For fashion purposes, Sir. 17. Q: What happened next, if any? A: I saw a lady waving her hand. 18. Q: Were you able to recognize the lady? A: Not easily. 19. Q: Why were you not able to recognize the lady? A: We did not recognize her because the place was not well-lighted. 20. Q: What happened next, if any? A: We walked towards the location of Primo Liempo and when I got near the lady, I was able to recognize her. 21. Q: Can you tell us who that lady is? A: Yes, It was Cheska. 22. Q: What happened next, if any? A: I asked Cheska why she has not been going to work. 23. Q: Was there any response? A: No, she did not answer me. 24. Q: What did you do next? A: I asked how she was doing. 25. Q: Did she answer your question? A: Yes, she said she was doing fine. 26. Q: What happened next, if any?

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A: She introduced her companion to me and my husband. 27. Q: Did she tell you the name of her companion? A: No, Sir. 28. Q: What happened next? A: She introduced her companion to us as her friend. 29. Q: What happened next, if any? A: We acknowledged her companion with a nod when Cheska’s companion suddenly asked me and my husband “SAIN NA SI POWER”? 30. Q: What was your response? A: Nothing, I was clueless during that time. 31. Q: What happened next, if any? A: Cheska pointed to my belt. 32. Q: And what did you do when Cheska pointed to your belt? A: I checked my belt to see what she was pointing to. 33. Q: What happened next? A: Cheska’s friend handed something to me. 34. Q: What was this something? A: A plastic with red and white stripes. 35. Q: Did you see what was inside that plastic? A: No, Sir. 36. Q: Why? A: Because when I was about to unwrap the plastic to see what was inside, several men suddenly approached us. 37. Q: Do you know who these men were? A: No, Sir. 38. Q: What happened next? A: I and my husband were handcuffed. 39. Q: You were handcuffed by whom?

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A: A woman. 40. Q: Do you know who this woman was? A: No, Sir. 41. Q: Did she introduce herself? A: No, Sir. 42. Q: What were they wearing? A: Civilian clothes, Sir. 43. Q: What did she say, if any? A: I can no longer remember but it was lengthy. 44. Q: After that, what did they do? A: They took from me the plastic which was handed by Cheska’s companion. 45. Q: What did they do with the plastic? A: They unwrapped it. 46. Q: When they unwrapped the plastic, what was inside it? A: Money, Sir. 47. Q: What was your reaction? A: I was still in shock. I was not aware of what was happening. 48. Q: What happened next? A: They took my belt, Sir. 49. Q: What did they do to your belt? A: I do not know, Sir. 50. Q: Why did they take your belt? A: I heard from one of the men that the sachets of shabu were hidden in the belt. 51. Q: What else happened? A: I saw one of the men holding transparent sachets. 52. Q: How many sachets were there? A: I don’t know, Sir. 53. Q: What were the contents of the sachet?

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A: I don’t know, Sir. 54. Q: Why you do not know? A: We were surrounded by men and the place was not well-lighted. 55. Q: Why is that so? A: Because although there were bulbs on the side of the building, it was still dim. 56. Q: You say “dim”, what do you mean by that? A: We can see each other but one cannot read or write there, Sir. 57. Q: But you said earlier that they were writing on a record book. A: Yes, sir. 58. Q: How were they able to do that? A: They used a chargeable lamp, sir. 59. Q: Did that illuminate the area enough? A: No, sir. 60. Q: Why did you say so? A: They had to move the lamp from one place to another to be able to see things. 61. Q: You also said that you were surrounded by people, were they the same men who restrained you and your husband? A: Not all, sir. 62. Q: Why? A: There were people from Dad’s All Day Kitchen who went towards us. 63. Q: What did the people do? A: They gathered around the scene. 64. Q: Who are these people? A: Some are customers and staff. 65. Q: Do you know the reason why you and your husband are being implicated to a sale of illegal drugs?

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A: No, Sir. But I may have an idea. 66. Q: And what is that reason? A: This may be in connection with the several text messages I received in the month of November, 2016 from unknown numbers demanding money in exchange of protection they were offering 67. Q: What is the protection they were referring to? A: I don't know, sir. 68. Q: If I show you the messages you said were sent to you, will you be able to identify the same? A: Yes, sir. 69. Q: I am showing to you print screen of messages previously marked as EXH- "8" and EXH “8-A”, are these the messages you were referring to? A: Yes, sir. 70. Q: Is there anything else you would like to add? A: No more, sir. That I attest to the truth of the foregoing circumstances. IN WITNESS WHEREOF, I have hereunto set my hand this 4th day of February 2017 at Naga City, Camarines Sur, Philippines.

KRIS PIO Affiant SUBSCRIBED AND SWORN to before me this 4th day of February 2017 at Naga City, Camarines Sur, Philippines.

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ATTESTATION I, ATTY. HENRY EARL O. SIGUENZA, of legal age, married, and with office address at Ground Floor, ADC Building, Magsaysay Avenue, Naga City, Camarines Sur, after having been sworn in accordance with law, hereby depose and say that: (a) I am the Counsel of the Accused Jon Pio and Kris Pio in Criminal Case No. 16-1234 pending before RTC, 5th Judicial Region, Branch 26, Naga City; (b) I faithfully recorded or caused to be recorded the questions I asked and the corresponding answers of the witness Kris Pio; and (c) neither I nor any other person then present or assisting me coached the witness regarding her answers to the questions I propounded to her; I attest to the truth of the foregoing circumstances. IN WITNESS WHEREOF, I have hereunto set my hands this 4th day of February 2017 at Naga City, Camarines Sur, Philippines. ATTY. HENRY EARL O. SIGUENZA Affiant SUBSCRIBED AND SWORN TO BEFORE ME, this 4th day of February 2017 at Naga City, Camarines Sur, Philippines. Affiant exhibiting to me his DL No.E04-97-047706 valid until April 12, 2018.

EXPLANATION OF NON-PERSONAL SERVICE Due to time constraints, copy of the foregoing Judicial Affidavit was served to the private prosecutor, Atty. Mary Grace Villa, thru LBC Express Corp. HENRY EARL O. SIGUENZA