Sample Judicial Affidavit

PEOPLE VS. MILO MERENCILLO

CRIMINAL CASE NO. 14856

HON. JUSTINO G. AVENTURADO

RTC - 11TH JUDICIAL REGION, BRANCH 2JUDICIAL AFFIDAVIT OF

WITNESS MINDA ANTIBOI, MINDA ANTIBO, of legal age, widow, and living at Purok 2, San Vicente, Asuncion, Davao del Norte, state under oath as follows:PRELIMINARY STATEMENT

The person examining me is Atty. Jon Diaz de Rivera with address at #10 Olivares St., Biglang Sibol Subdivision, Davao Del Norte. The examination is being held at the same address. I am answering his questions fully conscious that I do so under oath and may face criminal liability for false testimony and perjury.

PURPOSE: This affidavit/testimony of witness Minda Antibo is being offered to prove that the accused Milo Merencillo was seen running, naked from waist down, from the house of Benjamin Candelario. The witness will also prove that the victim Kristina Candelario was crying outside the house of the Candelario family after the incident and the victim Kristina Candelario positively identified Milo Merencillo as the person who raped Kristina Candelario. 1. Q.

Please state your name and other personal circumstances for the record.

A.

Minda Antibo, 47 years old, widow, housekeeper, and a resident of San Vicente, Asuncion, Davao Del Norte.2. Q.

Are you related to the Candelario family?

A. I am only their neighbor. I live beside their house.

3. Q.

How far is your house to the house of the Candelario family?

My house is situated about 10 meters away from the house of the Candelario family.

4. Q.

Where were you at around 9:00 AM of 14 September 2004?A. I was at the stockpile near the house of Benjamin Candelario.

5. Q.

What were you doing at the stockpile?

A. I was on my way to the barrio to fetch water from a deep well located in the barrio.

6. Q.

How far was the stockpile from the deep well in the barrio from your house?

A. It was about 80 meters away from my house.7. Q.

How far was the stockpile from the deep well in the barrio from the house of the Candelario family?

A. It was about 70 meters away from the house of the Candelario family.

8. Q.

Did you see anything unusual when you were on your way to the barrio?

A. Yes

9. Q.

What did you see?

A. I saw Milo Merencillo running away from Benjamin Candelario towards my direction and eventually passed by me.10. Q.

How did you know that it was Milo Merencillo?

A. Milo Merencillo was also my neighbor.

11. Q.

Why do you say that it was unusual?

A. It was unusual because Milo Merencillo was wearing a t-shirt while naked from waist down while Benjamin Candelario was holding a bolo.12. Q.

After you saw Benjamin Candelario chasing Milo Merencillo, were there any other unusual thing which caught your attention?

A. Yes

13. Q.

What did you see?

A. I saw Kristina Candelario crying outside their house.

14. Q.

How are you acquainted with Kristina Candelario?

A. I was their neighbor.

15. Q.

What did you do when you saw Kristina Candelario crying outside their house?

A. I went to her and asked why she was crying.

16. Q.

Did Kristina Candelario respond?

A. Yes

17. Q.

What did she say to you?A. She said that she was raped by Milo Merencillo.IN WITNESS WHEREOF, I have hereunto set my hand this 20th day of September 2004 at Tagum City, Davao Del Norte.

MINA ANTIBO

Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for Tagum City, Davao Del Norte this 20th day of September 2004. Affiant personally came and appeared with SSS Identification Card issued by the Social Security System on 4 December 2003 at Davao City, Davao, bearing his photograph and signature, known to me as the same person who personally signed the foregoing instrument before me and avowed under penalty of law to the whole truth of the contents of said instrument.

Atty. Juan De La Cruz

Notary Public

Doc. No. 11

Commission Serial No. 888-72

Page No. 86

Notary Public for Tagum City, Davao Del Norte

Book No. 88

Until December 31, 2005

Series of 2004 Office: Unit 4027, King Archers Condominium, Davao Del Norte

Roll No. 31415

IBP Lifetime Roll No. 313; 02/14/04; Tagum City

PTR No. 134 ; 02/14/04 ; Tagum City

MCLE Compliance Cert. No. 315 ;03/05/03

I, Jon Diaz de Rivera, of legal age, Filipino, with postal address #10 Olivares St., Biglang Sibol Subdivision, Davao Del Norte after being duly sworn depose and say:

1. I was the one who conducted the examination of witness/petitioner Benjamin Candelario at my aforementioned office in Unit 4028, One Archers Condominium, Davao Del Norte;

2. I have faithfully recorded or caused to be recorded the questions I asked and the corresponding answer that the witness gave;

3. I nor any other person then present or assisting her coached the witness regarding her answers;

IN WITNESS WHEREOF, I have hereunto set my hand this 20th day of September 2013 at Tagum City, Davao Del Norte.

ATTY. JON DIAZ DE RIVERA

Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for Tagum City, Davao Del Norte this 20th day of September 2004. Affiant personally came and appeared with SSS Identification Card issued by the Social Security System on 4 December 2003 at Davao City, Davao, bearing his photograph and signature, known to me as the same person who personally signed the foregoing instrument before me and avowed under penalty of law to the whole truth of the contents of said instrument.

Atty. Juan Dela Cruz

Notary Public

Doc. No. 12

Commission Serial No. 888-72

Page No. 87

Notary Public for Tagum City, Davao Del Norte

Book No. 88

Until December 31, 2005

Series of 2004 Office: Unit 4027, King Archers Condominium, Davao

Del Norte

Roll No. 31415

IBP Lifetime Roll No. 313; 02/14/04; Tagum City

PTR No. 134 ; 02/14/04 ; Tagum City

MCLE Compliance Cert. No. 315 ;03/05/03