Lea Madelon G.

Becerro Legal Techniques and Logic

Republic of the Philippines MUNICIPAL TRIAL COURT IN CITIES Branch 1 Surigao City People of the Philippines, Plaintiff -versusFor: Slight Physical Injuries MARIVIQUE TOLIDO BANSON Accused. x----------------------------------/

Criminal Case No. 12-1678

JUDICIAL AFFIDAVIT I, Marivique Banson, of legal age, married, Filipino and a resident of Sitio Bacod, Barangay Luna, Surigao City, accused in this case state under oath as follows: PRELIMINARY STATEMENT The person examining me is Atty. Alan G. Benemerito, a Public Attorney at the Public Attorneys Office, Surigao City/del Norte District, Capitol Road, Surigao City where the examination was conducted. I am answering his questions fully conscious that I do so under oath and may face criminal liability for false testimony and perjury. QUESTIONS AND ANSWERS 1. Q: Do you swear to tell the truth, the whole truth, and nothing but the truth in this investigation?
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A: Yes, sir. 2. Q: Do you understand that the testimony you will give today is under oath; you may face criminal liability for false testimony or perjury? A: Yes, sir. 3. Q: Can you still remember what happen last Oct 19, 2012 at more or less 6 oclock in the evening? A: Yes, sir. 4. Q: What happen that time? A: I was riding a tricycle going to Kaskag, Surigao City in order to go to the house of Mother Juliana. 5. Q: What happened next? A: When I reached the corner of Kaskag Ortiz Street, I disembarked from the tricycle, and I saw the vehicle owned by Ramon Tuazon which was parked near Homebasic Hardware located in Kaskag. I saw Ramon disembarked from his vehicle and I called his attention however, it seems he was not able to hear me. 6. Q: What did you do next? A: I headed towards him to cross the road but he went away. 7. Q: Where is he going? A: Going inside the interior of Kaskag. 8. Q: Then what did you do next? A: I decided to wait for him at the place where his vehicle was parked, in order to confront him of his promise regarding monetary consideration as a result of an incident wherein he struck me with a tire jack holder hitting me on the left side of my head. 9. Q: Why did he strike you? A: Because I ask him to pay his loan to me. 10. Q: What happened next?
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A: When I was standing beside the vehicle, I noticed somebody opened the front seat door of the vehicle, I noticed somebody opened the front door of the vehicle and I saw Riza Resota went outside the car. 11. Q: What happened next? A: Riza suddenly slapped my face twice and said What are you doing in my car? I was shocked because she suddenly slapped me. 12. Q: What did you do next? A: I ask her Is this your car? but then she again slapped me. 13. Q: What happened next? A: At this moment, I defend myself since she was continuously slapping me so I parry her actions I was merely defending myself from her continuous attack through my hands as well because I was afraid. 14. Q: What happened next? A: Policeman suddenly arrived and since Riza was still attacking me, the policeman pacified us by taking me away from Riza, but still Riza wanted to attack me. 15. Q: What happened next? A: When I was a distant away from RIZA, the policeman asked Riza what were you fighting? then Riza answered she put black candles and wood inside our car. 16. Q: What was your response if any? A: I said I did not do that. 17. Q: What happened next? A: When Riza heard me, she again tried to attack me and so the policeman handcuffed me and brought me to the Sabang Police Station. 18. Q: In Sabang Police Station what happened if any? A: I requested them to have my medical check-up to Caraga Hospital.
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19. Q: What happen during the medical check-up? A: I was examined by the Doctor. The Doctor prescribed a medicine for me. Then we went back to jail with the policeman. 20. Q: Do you have medical certificate to prove that you went to the hospital for medical treatment? A: Yes, sir. 21. Q: Do you intend that it form part of your judicial affidavit? A: Yes, sir. 22. Q: How many days you were in jail? A: One day, sir. They let me out after my husband put a cash bond. I was really shocked why there is already a case filed in court. 23. Q: Are you saying you are a victim of injustice here? A: Yes, sir. I was merely asking for payment of loan, I was the one struck in the head, I was the one slapped and attacked and now I became the accused in this case. 24. Q: After you went out of prison what did you do? A: I came back to Sabang Police Station to blotter the incident. 25. Q: Is this the same blotter you caused to be recorded? A: Yes sir. 26. Q: Having identified the blotter, do you intend that it form part of your judicial affidavit? A: Yes sir. 27. Q: Do you have something more to say, add, or change to your answers in this affidavit? A: No more, sir.

MARIVIQUE TOLIDO BANSON Affiant

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SUBSCRIBED AND SWORN to before me this 23rd day of October, 2013 in the City of Surigao, Province of Surigao del Norte, Philippines, I hereby certify that I personally examined the affiant and I am fully satisfied that he executed this affidavit freely and understood the contents thereof.

ALAN G. BENEMERITO Public Attorney I ATTESTATION I, Alan G. Benemerito, of Public Attorneys Office, with office address at PAO, Capitol Compund, Surigao City, Surigao del Norte, Philippines, attest under oath as follows: I personally conducted the interrogation of MARIVIQUE TOLIDO BANSON. I faithfully recorded or caused to be reorded the questions I asked Mrs. Banson and the corresponding answers she gave me; and neither I nor any other person then present or assisting me coached her regarding her answers.

ALAN G. BENEMERITO Affiant SUBSCRIBE ABD SWORN to before me this October 23, 2013 in the City of Surigao, Surigao del Norte.

SHELDON G. ESPARRAGO Associate Prosecutor

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