Judicial Affidavit of Witness Sample PDF

Title Judicial Affidavit of Witness Sample
Course Law Juris Doctor
Institution University of San Agustin
Pages 6
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Summary

Republic of the Philippines REGIONAL TRIAL COURT Sixth Judicial Region Branch 29 Iloilo CityPeople of the Philippines-- versus --JUAN B. DELA CRUZ, Accused.CRIMINAL CASE NO. 2020-F O R:MURDERx-----------------------------------------------xJUDICIAL AFFIDAVITWitness: SAILOR M. STARS , of legal age, F...


Description

Republic of the Philippines REGIONAL TRIAL COURT Sixth Judicial Region Branch 29 Iloilo City People of the Philippines CRIMINAL CASE NO. 2020-0001 -- versus -JUAN B. DELA CRUZ, Accused.

F O R: MURDER

x-----------------------------------------------x JUDICIAL AFFIDAVIT Witness: SAILOR M. STARS, of legal age, Filipino, and resident of Westwoods Subdivision, Dungon, Iloilo. Examining Lawyer: RARA LALA Assistant Prosecutor I Office of the City Prosecutor Place of Examination: Office of the City Prosecutor 3rd Floor, Ramon q. Avanceña Hall of Justice Bonifacio Drive, Iloilo City Formal Offer: Your honor, we are offering the testimony of the witness, SAILOR M. STARS, to prove that: 1. The fact that she and the accused was at the MO2 Bar on the early morning of October 18, 2020; 2. The fact that she personally heard the accused of his plot to kill the victim during the Actor’s Award Night at the Iloilo Convention Center; 3. The fact that she personally heard the accused of his plot to kill the victim while at the MO2 Bar on the early morning of October 18, 2020;

4. The fact that she personally heard the accused of his consistent negative side comments whenever the name of the victim was mentioned;

I, SAILOR M. STARS, of legal age, Filipino, married, and a resident of Westwoods Subdivision, Dungon, Iloilo, after having been duly sworn to in accordance with law, hereby states that: I am answering the questions propounded by the counsel, Ralf Sumaculub, of Office of the City Prosecutor fully conscious, that I am under oath, and that I may face criminal liability for false testimony or perjury; This Judicial Affidavit is written in English, a language known and understood by me, and the examination and execution thereof were done at the Office of the City Prosecutor, 3rd Floor, Ramon Avanceña Hall of Justice, Bonifacio Drive, Iloilo City; and This Judicial Affidavit shall serve as my direct testimony in this case. 1. Q: Please state your name and other personal circumstances. A: I am SAILOR M. STARS, 47 years old, Filipino, married, and a resident of Westwoods Subdivision, Dungon, Iloilo. 2. Q: Why are you here in court today, Mrs. Stars? A: To give my testimony on the relationship of the accused and the victim and to also give my testimony of what I heard from the accused. 3. Q: Do you undertake to answer all questions truthfully, aware that you are under oath, and that you may face criminal liability for false testimony? A: Yes, Sir. 4. Q: How are you related to the victim and the accused? A: I am the Assistant Program Director of Moon Magic, the agency of both the accused and the victim. Both the accused and the victim are under my care. 5. Q: Can you describe the relationship of both the accused and the victim to one another? A: They were best of friends when they first entered Moon Magic Agency. However, their relation became sour this year.

6. Q: Why did you say that their relationship became sour? A: They only talk to one another during interviews and shootings. Before or after that, they are distancing themselves from one another. 7. Q: What do you think was the reason why their relationship was not so good anymore? A: Juan was not receiving any award in any program, contest or party. While, Miguel has been receiving best actor’s award starting January 2020. 8. Q: Are you saying that Juan Dela Cruz, the accused, was jealous of Miguel, the victim? A: Yes. 9. Q: Why did you say so? A: Whenever Miguel receives an award on stage, Edsel always curses and speaks May adlaw ka gid sakon. Daw si sin-o ka gid nga kagago sa imo. (Your time will come. Who do you think you are?) 10.Q: Were you at the Awards Night held at Iloilo Convention Center? A: Yes. As an assistant program director, I am responsible for performing managerial and professional duties, most especially during the Awards Night at the Iloilo Convention Center. So, I should be there. 11.Q: Where were you seated during the Awards Night? A: I was seated together with Juan and Miguel. Only the three of us occupied the table. 12.Q: Did Miguel, the victim receive any award during that night? A: Yes. 13.Q: What award or awards did he receive? A: Miguel received the Fashion Icon Award, the King of Hearts, Best Dressed and the Best Newcomer Actor Award. 14.Q: You said what whenever Miguel, the victim, receives an award on stage, Juan, the accused, comments negatively while watching him receive the award or awards. Did Juan, the accused, say anything while Miguel, the victim, was receiving his awards?

A: Yes. Juan said, ‘Gago. Karon sa gab-i, mabal-an mo gid.’ (Cursed Word. You will know later tonight.) 15.Q: Did he say anything else? A: Yes. He also said, wala ka naman may mahimo kung mapatay ka na. (You cannot do anything when you are already dead.) 16.Q: Were you also at the SmallVille Business Complex? A: Yes. 17.Q: Why were you there? A: It was the After-Party of the Award’s Night. 18.Q: What happened there? A: We were partying and drinking until morning. 19.Q: Where were you seated? A: I was seated beside Juan. We were in the same table. 20.Q: Did Juan, the accused comment anything about Miguel, the victim? A: Yes. 21.Q: What did he say? A: He was cursing. He also said, Patyon ta gid ka. (I will kill you.) 22.Q: What happened next? A: It was around two in the morning when I noticed that Edsel was not anymore beside me. 23.Q: Anything else you wanted to say? A: I wanted to give justice to the death of Miguel since this is the right thing to do.

IN WITNESS WHEREOF, I have hereunto set my hand this 23 rd day of October, 2020 at Iloilo City, Philippines.

SAILOR M. STARS Affiant SUBSCRIBED AND SWORN to before me this 23 rd day of October 2020 ay Office of the City Prosecutor, 3 rd Floor, Ramon Q. Avanceña Hall of Justice, Bonifacio Drive, Iloilo City, Philippines. Affiant exhibited to me her UMID with ID No. 000002347385 issued on November 24, 2018 at Iloilo City, Philippines.

RARA LALA Assistant Prosecutor I

ATTESTATION OF COUNSEL I, RARA LALA, single, Filipino, of legal age with office address at Office of the City Prosecutor, 3rd Floor, Ramon Q. Avanceña Hall of Justice, Bonifacio Drive, Iloilo City, after having been sworn to in accordance with law, hereby attest that: 1. I am the examining lawyer in the foregoing Judicial Affidavit. 2. I faithfully recorded the questions that I asked and the corresponding answers that the witness gave in his Judicial Affidavit. 3. Neither 1 nor any other person then present is assisting me coached the witness regarding the latter’s answer.

IN WITNESS WHEEOF, I have hereunto set my hand this 23 rd day of October 2020 at Iloilo City, Philippines.

RARA LALA Affiant

SUBSCRIBED AND SWORN to me this 23 rd day of October 2020 at Iloilo City, Philippines. Affiant exhibited to me his IBP ID with Lifetime Membership 0-002392.

ATTY. EFFI C. ACY Notary Public for and in the City and Province of Iloilo My Commission No. is 28 Expires on December 31, 2020 Silva Office, 8th Floor, Excelsior Bldg., Iloilo City Roll of Attorneys No. 19283 PTR NO. 1234576, 05/17/20, Iloilo City IBP NO. 1234, 05/17/20, Iloilo City

Doc. No. 2; Page No. 5; Book No. 1; Series of 2020....


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