Republic of the Philippines )
Tacloban City ) S. S.
JUDICIAL AFFIDAVIT
I, XXX, of legal age, Filipino and a resident of Paseo de Legaspi, Tacloban City, after having been duly sworn to in accordance with law, hereby depose:
That in accordance with A.M. No. 12-8-8-SC, which prescribes the use of judicial affidavits to serve as the direct examination testimony of a witness, on the basis of which the adverse party may conduct his cross-examination on such a witness, I hereby execute this judicial affidavit in a question and answer format; That conformably with Section 3(b) of the said A.m. No. 12-8-8-SC, I also state that it was investigator YYY of the office of the prosecutor, who conducted the examination of the undersigned affiant at Tacloban City under the supervision of XXX, also from the same office.
That also pursuant with Section 3(c) thereof, I hereby state under pain of perjury that in answering the questions asked of me as appearing herein below, I was fully conscious that I did so under oath, and that I may face criminal liability for false testimony or perjury;
Questions and Answers . . .
Q: What is your name?
A: I am XXX.
Q: How old are you?
A: I am 35 years of age.
Q: Where do you live?
A: I live at Paseo de Legaspi, Tacloban City
Q: Do you swear to tell the truth, under oath, and that you may face criminal liability for falsification and perjury?
A: Yes.
Q: What is your purpose in coming here in my office?
A: I would like to file a complaint against YYY, for Estafa.
Q: Okay. Do you know YYY?
A: Yes.
Q: How are you related to YYY?
A: She is my half-sister.
Q: Okay. How old is she?
A: 25.
Q: Do you know where she lives?
A: Yes, at 419 Emerald St., Posadas Village, Sucat, Muntinlupa City.
Q: Why are you suing YYY?
A: I gave her FIFTY THOUSAND PESOS (PHP 50, 000.00) for the purpose of buying plane tickets for my sister who lives in the USA, who intended to travel to the Philippines. She also received in trust from me some jewelry for her to sell them and remit the proceeds to me.
Q: When did this happen?
A: On June 18, 2010.
Q: Where did this happen?
A: Here, in the city of Tacloban.
Q: What did he do with the money and the jewelry?
A: After she received the money, she did not buy the plane tickets and never returned the money. She also failed to account for the jewelry that she has received in trust from me nor made an accounting thereof.
Q: What steps have you taken to recover your money or jewelry?
A: I sent her a demand letter through my lawyer, where I required her to return the money for the plane ticket as well as the jewelry or the proceeds from the sale thereof.
Q: Okay ma’am. Would you mind telling me what after that?
A: Yes, despite having received the demand letter on January 31, 2012, she still did not heed my demand to return the plane ticket money and the jewelry or proceeds thereof. She did not even bother answering the demand letter nor contact me despite the fact that she has my cellular phone number and that we are half – siblings.
Q: What is your evidence that you gave her the money and the jewelry?
A: Yes, I have her attached the authenticated true copy of the certificate with her signature affixed, proving that she received the money amounting FIFTY THOUSAND PESOS (PHP 50, 000.00), and the jewelry from me.
Q: Okay. Thank you XXX. Now, do you know the total amount of material loss you suffered following the refusal of the respondent to return the money from you?
A: Yes, I suffered material loss in the amount of NINETY FIVE THOUSAND ONE HUNDRED FIFTY PESOS (PPP 95, 150.00), representing the money intended for the plane tickets and the value of the jewelry.
Further affiant sayeth none.
IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of December 2012, in Tacloban City, Philippines.
XXX
Complainant – Affiant
ID #: 02324 CTC #: 342309000 Issued on: September 12, 2012 Issued at: Tacloban City
JURAT
SUBSCRIBED and SWORN to before me this 15th day, of December 2012, in Tacloban City, Philippines. Affiant exhibiting to me her passport, with Passport No. NV 654377, issued on August 16, 2011 at Manila Philippines, valid until August 16 2015.
ATTY. MARIO DEMAGIBA
Asst. City Prosecutor,
Administering Officer
2nd Floor LF&V Fatima Bldg., Real St., Tacloban City
PTR NO. 6954715/01/03/13/TAC. CITY
IBP OR # 808786/01/03/13/TAC. CITY
Attys. Roll No. 12345/ May 10, 2006
Doc No:
Page No:
Book No:
Series of 2012
ATTESTATION CLAUSE
We, YYY, administering officer and XXX, Supervisor, on our oath as Investigator and Supervisor, respectively at the Office of the City Prosecutor, hereby attest to the following:
1. That we have faithfully recorded or caused to be recorded the questions that were asked, and the corresponding answers the affiant gave; 2. That neither of or any other person then present coached the witness regarding the latter’s answers.
Signed this 15th day of December, 2012, in Tacloban City.
YYY XXX Investigator Supervisor
SUBSCRIBED and SWORN to before me this 15th day, of December 2012, in Tacloban City, Philippines. Affiant exhibiting to me her passport, with Passport No. NV 654377, issued on August 16, 2011 at Manila Philippines, valid until August 16 2015.
ATTY. MARIO DEMAGIBA Asst. City Prosecutor,
Administering Officer
2nd Floor LF&V Fatima Bldg., Real St., Tacloban City
PTR NO. 6954715/01/03/13/TAC. CITY
IBP OR # 808786/01/03/13/TAC. CITY
Attys. Roll No. 12345/ May 10, 2006
