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Sample Judicial Affidavit

This document is a judicial affidavit from Richard B. Aguilos regarding a case of attempted homicide against Marcelo Dela Mercado y Bongat. In the affidavit, Aguilos describes two instances where the accused, Ryan Santos, punched and kicked him, causing injuries. Aguilos also states that Santos has a history of intimidating and threatening neighbors. The affidavit includes questions from the prosecutor and Aguilos' answers describing the attacks and providing witnesses and a medical certificate to support the allegations.
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0% found this document useful (0 votes)
181 views6 pages

Sample Judicial Affidavit

This document is a judicial affidavit from Richard B. Aguilos regarding a case of attempted homicide against Marcelo Dela Mercado y Bongat. In the affidavit, Aguilos describes two instances where the accused, Ryan Santos, punched and kicked him, causing injuries. Aguilos also states that Santos has a history of intimidating and threatening neighbors. The affidavit includes questions from the prosecutor and Aguilos' answers describing the attacks and providing witnesses and a medical certificate to support the allegations.
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 6

Republic of the Philippines

MUNICIPAL TRIAL COURT


Branch 15
th
14 Floor, Makati City Hall Building, Makayi City

PEOPLE OF THE PHILIPPINES,


Plaintiff,

CRIM. CASE No. 80688-00


-versus- FOR: ATTEMPTED HOMICIDE
IN RELATION ART. 6, RPC

MARCELO DELA MERCED Y BONGAT,


Accused.
X- - - - - - - - - - - - - - - - - - - - - - - ----X

JUDICIAL AFFIDAVIT
OF MR. RICHARD B. AGUILOS

I, RICHARD B AGUILOS, 23 years old, single, residing at Purok-3 Barangay


Pembo, Makati City, after having been sworn to in accordance with the law do
hereby depose and state:

That PROSEC ARNOLD VEDAN is the counsel who conducted and


supervised my examination as a witness at his office at Makati City Prosecutors
Office, Makati City;

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;

The following are the Questions propounded by PROSEC ARNOLD


VEDAN and my answers in English language:

Q1: Do you swear to tell the truth and nothing but the truth?
A1: Yes Sir.

Q2: Are you the same Richard B Aguilos, the private complainant in this case
for Attempted Homicide in relation to Article 6 of the RPC, now pending
before the Municipal Trial Court, Branch 15 of Makati City?
A2: Yes Sir.
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CRIM CASE NO. 80688-00
Judicial Affidavit

Q3: What is your highest educational attainment?


A3: 4th year College at University of Makati.

Q4: Do you personally know the accused in this case, Mr. Ryan Santos?
A4: Yes Sir.

Q5: Can you tell us why you personally know Mr. Ryan Santos?
A5: He also lives in Purok 3, Barangay Pembo, Makati City. 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 July 7, 2019 at about 10:00 o’clock in the morning?
A6: I was walking home at that time after I had visited my friend Shiela May
Dampit at J.P. Rizal St,. Makati City.

Q7: Who was with you during that time you were walking home?
A7: I was with my other friend, Raymund Ferrer.

Q8: What transpired during that time?


A8: I was walking with my friend Raymund Ferrer. When we reached in front of
Ryan Santos’ house, who was looking very angry came out armed with a fan knife
and told me in tagalog words to quote “Putang Ina mo? Sasaksakin kita. Then he
punched my right portion of my body.

Q9: When he punched you, what did you do?


A9: I didn’t do anything sir. I could not do anything.

Q10: What did your friend Raymud Ferrer do?


A10: He did nothing too. We both could do nothing.

Q11: Why do you say that you couldn’t do anything?


A11: Because Ryan Santos is bigger and stronger than the two of us. No one
dared to fight with him sir.

Q12: Why do you say that he was angry during that time?
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CRIM CASE NO. 80688-00
Judicial Affidavit

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 Ryan Santos drunk at that time?


A13: No sir. He didn’t smell or look like he was drunk.

Q14: Can you tell us how big Ryan is?


A14: He is 5”7 tall. His body structure is firm and has strong muscles
because he works out in a gym 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 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 happened last July 7, 2019, was there any
other incident of punching you?
A17: Yes sir.

Q18: Can you tell us what happened and when it happened?


A18: On July 5, 2019 more or less 3:00 o’ clock in the afternoon, in front of
Cyber Cafe, Purok-3 Barangay Pembo, Makati City. While I was passing by the
Internet Café, I saw Ryan came out from the Cyber Cafe Internet. 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 tagalog words to quote “Ano lalaban
ka?!. Then he punched me again on my right portion of the body and kicked
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CRIM CASE NO. 80688-00
Judicial Affidavit

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 sir. Our friend Arnold Del Rosario, the owner of the Internet Cafe was
there.

Q21: What did Arnold Del Rosario do?


A21: He shouted at Ryan Santos and told him to stop.

Q22: What did Ryan do when Arnold Del Rosario told him to stop?
A22: He just laughed and then he left.

Q23: What did you do then?


A23: I stood up and Arnold Del Rosario 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 PCP 8 in Makati City Police Station.

Q25: Do you have any proof of all your allegations?


A25: I have my witnesses sir, my friend and Arnold Del Rosario.

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.
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CRIM CASE NO. 80688-00
Judicial Affidavit

Q28: Who issued this medical certificate?

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 th day


of February 2013 at Butuan City, Philippines.

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 6
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 th day


of February 2013 at Butuan City, Philippines.

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

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