Sample Judicial Affidavit

Republic of the Philippines REGIONAL TRIAL COURT 10TH Judicial Region Branch 1 Butuan City, Agusan del Norte

PEOPLE OF THE PHILIPPINES, Plaintiff, -versus-

CRIM. CASE No. 80688-00 FOR: PHYSICAL ABUSE IN RELATION TO R.A.7610

MARCELO BAYAMBAGO Y BULANON, Accused. X- - - - - - - - - - - - - - - - - - - - - - - /

JUDICIAL AFFIDAVIT OF MR. ROMMEL M. SALES

I, ROMMEL M. SALES, 16 years old, single , residing at Purok-3 Libertad, Butuan City, after having been sworn to in accordance with the law do hereby depose and state: That Fiscal PRINCESS S. DALINGAY is the counsel who conducted and supervised my examination as a witness at her office at Provincial Prosecutor’s Office, Butuan City, Agusan del Norte; That I am answering the questions herein fully conscious that I do so under oath and that I may be criminally liable for false testimony or perjury;

Page 2 CRIM CASE NO. 80688-00 Judicial Affidavit

The following are the Questions propounded by Fiscal Princess S. Dalingay and my answers in English language: Q1:

Do you swear to tell the truth and nothing but the truth?

A1:

Yes Ma’am.

Q2:

Are you the same Rommel M. Sales, the private complainant in this case for Physical Abuse in Relation to R.A. 7610 now pending before the Regional Trial Court, Branch 1 of Butuan City, Agusan del Norte?

A2:

Yes Ma’am

Q3:

What is your highest educational attainment?

A3:

3rd year High School at Libertad National High School.

Q4:

Do you personally know the accused in this case, Mr. Marcelo Bayambago?

A4:

Yes Ma’am.

Q5:

Can you tell us why you personally know Mr. Bayambago?

A5:

He also lives in Purok 3 Libertad. He is our neighbor and their house is just beside our house. We are friends since I was a child.

Q6:

Where were you on January 3, 2013 at about 10:00 o’clock in the morning?

A6:

I was walking home at that time after I had visited my friend Paolo Balesteros at Purok 1 Libertad, Butuan City.

Q7:

Who was with you during that time you were walking home?

A7:

I was with my other friend, Racine Monsteclaros.

Q8:

What transpired during that time?

Page 3 CRIM CASE NO. 80688-00 Judicial Affidavit

A8:

I was walking with my friend Racine Montesclaros. When we reached in front of Bayambago’s house Marcelo Bayambago who was looking very angry came out and told me in visayan

words

to quote “ Mosugat gyud ka ha” unquote. Then he punched my right portion of my body. Q9:

When he punched you, what did you do?

A9:

I didn’t do anything Ma’am. I could not do anything.

Q10: What did your friend Racine Montesclaros do? A10: He did nothing too. We both could do nothing. Q11: Why do you say that you couldn’t do anything? A11: Because Marcelo Bayambago is bigger and stronger than the two of us. No one dared to fight with him Ma’am. Q12: Why do you say that he was angry during that time? A12: Because when he got out of their house, he was swearing and he seemed to be pissed off of something inside their house. Q13: Was Marcelo Bayambago drunk at that time? A13: No Ma’am. He didn’t smell or look like he was drunk. Q14: Can you tell us how big Marcelo is? A14: He is 5”6 tall. His body structure is firm and has strong muscles because he works out sometimes. He acts like he can beat all of us smaller than him. We are actually terrified by his presence because of his unpleasant behavior. Q15: Why do you say unpleasant behavior? A15: Because whenever me and my friends are joking and laughing, he just suddenly interrupts shouting at us and telling us to shut

Page 4 CRIM CASE NO. 80688-00 Judicial Affidavit

our mouths. He then threatens us that if we are taking about him, we surely would get a prize from him. Q16: What prize would this be? A16: Maybe a punch or a kick. Q17: Aside from the incident that was

happened last January 3,

2013,

there any other incident of punching you?

A17: Yes Ma’am. Q18: Can you tell us what happened and when it happened? A18: On January 5, 2013 more or less 3:00 o’ clock in the afternoon, in front of Cyber Jazzer, Purok-3 Libertad, Butuan City. While I was passing by the Internet Café, I saw Marcelo Bayambago, Jr. came out from the Cyber Jazzer Internet Café. He

ran

towards

me and punched me twice hitting on the right shoulder

thus

causing pain on it. Q19: When he punched you, what did you do? A19: I tried to retaliate after he punched me. However, he grabbed my

arms and twisted it over my back and he said in visayan

words to

quote “Ay mosukol naka ha” unquote. Then he

punched me again on

my right portion of the body and kicked

my left leg. I fell down the

ground after that strong punch and

kicked. It was really painful that it made me cried. Q20: Did anybody see the incident? A20: Yes Ma’am. Our friend Julius Dumanon Hellardes, the owner of the

Internet Cafe was there.

Q21: What did Julius Dumanon do? A21: He shouted at Marcelo Bayambago and told him to stop.

Page 5 CRIM CASE NO. 80688-00 Judicial Affidavit

Q22: What did Marcelo do when Julius Dumanon told him to stop? A22: He just laughed and said in visayan words again to quote “Mosukol naman gyud Bai, maayo nang pitolon”. Then he left. Q23: What did you do then? A23: I stood up and Julius Dumanon helped as I hardly can walk. Then he accompanied me back home. Q24: And then, what happened next? A24: When I got home I told my mother about the incident and then we reported the incident to police Station3 in Libertad, Butuan City. Q25: Do you have any proof of all your allegations? A25: I have my witnesses Ma’am, my friend Racine Montesclaros and Julius Dumanon. Q26: Do you have any medical certificate to support your allegations? A26: Yes, Ma’am, I have. Attached to this Judicial Affidavit is an original copy of the medical certificate marked as Exhibit “A”. Q27: Based on this medical certificate you are showing to us that the injuries would have incapacitated you for a period of 7 to 10 days? A27: Yes, Ma’am, I was actually incapable to join my classes at Libertad National High School for more than a week due to the pain that I suffered. The next day after the incident I had bruises and it was absolutely difficult for me to stand. Q28: Who issued this medical certificate?

Page 6 CRIM CASE NO. 80688-00 Judicial Affidavit

A28: It was Dr Rocelda L Mirasol Ma’am, Medical Officer III at Butuan Medical Center Q29: Who’s signature is this in the medical certificate? A29: My doctor, Ma’am, Dr. Rocelda L. Mirasol. Q30: Why did you say that it was Dr. Mirasol who signed it? A30: Because I was in front of her when she signed the medical certificate. Q31: Do you have anything to say, Mr. Sales? A31: No more, Ma’am.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 7 day of February 2013 at Butuan City, Philippines. th

ROMMEL M. SALES Private Complainant

SUBSCRIBED AND SWORN to before me this 7th day of February 2013 at Butuan City, Philippines.

PRINCESS S. DALINGAY Asst. Provincial Prosecutor Detailed PPO-Butuan City Agusan del Norte MCLE Compliance No. IV 000000 Officer-in-Charge

Page 7 CRIM CASE NO. 80688-00 Judicial Affidavit

ATTESTATION OF LEGAL COUNSEL

I, PRINCESS S. DALINGAY, Asst. Provincial Prosecutor, Detailed PPO-Butuan City, Agusan del Norte, after having been sworn to in accordance with the law do hereby depose and say: 1. That I have faithfully recorded or caused to be recorded the questions I asked and the corresponding answers that witness, Victoria L. Soledad, gave; 2. That I have not, nor any other person present or assisting coached the witness regarding the witness’ answers; and 3. That I fully understand that any false attestation shall subject me to disciplinary action, including disbarment.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 7 day of February 2013 at Butuan City, Philippines. th

PRINCESS S. DALINGAY Counsel for the State

SUBSCRIBED AND SWORN to before me this 7th day of February 2013 at Butuan City, Philippines.

ATTY. PRINCE S. MORAL Public Attorney IV Public Attorney’s Office Butuan City, Agusan del Norte MCLE Compliance No. IV 000000 Officer-in-Charge