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ROGELIO BASA DELA CRUZ vs.

MARIA SEDURU-DELA CRUZ


SP. PROC. NO. 15888
HON. ROBERT DURADO, JR.
RTC- LAOAG CITY, BRANCH 11
JUDICIAL AFFIDAVIT OF
PETITIONER ROGELIO BASA DELA CRUZ
I, Rogelio Basa Dela Cruz, Filipino, of legal age, married, a doctor and living at San Francisco, San
Nicolas, Ilocos Norte, petitioner in this case, state under oath as follows:
PRELIMINARY STATEMENT
The person examining me is Atty. Ernest Jed S. Simeon with address at Pacific Bldg., Bonifacio St.,
Laoag City. The examination is being held at the same address. I am answering her questions fully
conscious that I do so under oath and may face criminal liability for false testimony and perjury.
1. Q. Please state your name and other personal circumstances for the record.
A. I am Rogelio Basa Dela Cruz, of legal age, Filipino, married and a resident of San Francisco,
San Nicolas, Ilocos Norte.
2.

Q. Are you the same Rogelio Basa Dela Cruz, the petitioner in this case?
A. Yes sir.

3.

Q. Do you know a certain Maria Seduru?


A. Yes sir. She is my wife.

4.

Q. Do you have proof of your marriage with Maria Seduru?


A. Yes sir, I have a marriage contract (Exhibit B).

5.

Q. Do you have children with her?


A. None sir.

6.

Q. Are you still living with Maria Seduru?


A. Not anymore sir since her disappearance.

7.

Q. When did Maria Seduru?


A. Januray 30, 2006.

8.

Q. What is the reason of her disappearance?


A. It could be the massive mudslide from Mt. Kan-Abag that buried the village of Guinsaugon,
Saint Bernard, Southern Leyte on January 30, 2006.

9.

Q. What makes you say she disappeared there?


A. Because on that day she was attending the Womens Convention in the town auditorium of
Guinsaugon, Saint Bernard, Southern Leyte.

10. Q. Did you try to locate your wife after the said disaster?
A. Yes sir.
11. Q. Were you able to locate her?
A. No sir.
12. Q. If her body was not found, is it possible that she was not there during that fateful day?
A. She was a speaker on that occasion sir and I cant find any reason why she could have not
attended the convention. Also, many bodies were buried in the mud and swept by the raging
water and from that day up to now many residents of Guinsaugon were still missing.
13. Q. You are saying that she could have been buried or her body swept by the raging water?
A. Yes sir.
14. Q. How was the status of your marriage with Rosario before her disappearance?
A. We are living peacefully and were happy with each other.
15. Q. Is there a possibility that she could have not been in Guinsaugon on January 30, 2006 for the
reason that she run away?
A. None sir. I dont know any reason why she should run away. Shes always been happy and a
vibrant partner.
16. Q. How long did you search for her after the January 30, 2006 tragedy?
A. For two months after the disaster before I decided to leave St. Bernard and came back to San
Nicolas.
17. Q. Is that the only occasion that you searched for her?
A. No sir. Every year I visit Guinsaugon hoping to find her.
18. Q. In your visits to Guisaugon, how do you conduct your search for Rosario?
A. I ask our friends and her relatives if they have news about Rosario.
19. Q. What do they tell you?
A. They never heard about her since January 30, 2006 sir.
20. Q. Do you have common properties with Maria Seduru?
A. None sir.
21. Q. Do you and the respondent have common creditors?
A. None sir.
IN WITNESS WHEREOF, I have hereunto set my hand this 26th day of April 2010 at Laoag City.
ROGELIO BASA DELA CRUZ
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for Laoag City/Ilocos
Norte this 26th day of April 2010. Affiant personally came and appeared with SSS NO. 678910 issued on
March 3, 1999 at Laoag City, 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. ERNEST JED S. SIMEON
Notary Public for Laoag City/Ilocos Norte
2/F Pacific Bldg., Bonifacio St., Laoag City
Commission Serial No. 20202
Until December 31, 2010
Attorneys Roll No. 10101
IBP No. 12345-01/03/10 Laoag City
PTR No. 98765-01/03/10 Laoag City
MCLE Compliance No. I-0008776 Oct. 21, 2009
Doc. No. 721
Page no.
76
Book no.
12
Series of 2010

ATTESTATION
I, Roberto Dayag, Jr., of legal age, Filipino, with postal address 2/F Pacific Bldg., Bonifacio St.,
Laoag City after being duly sworn depose and say:
1. I was the one who conducted the examination of witness Rogelio Basa Dela Cruz at my
aforementioned office in Laoag City;
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 him coached the witness regarding his
answers;
IN WITNESS WHEREOF, I have hereunto set my hand this 26 th day of April 2010 at Laoag
City.
ATTY. ROBERTO DAYAG, JR.
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for Laoag City/Ilocos
Norte this 26th day of April 2010. Affiant personally came and appeared with DRIVERS LICENSE NO.
A04-07-000897 issued on APRIL 05, 2008 at Laoag City, bearing her 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. ELIZABETH CUREG


Notary Public for Laoag City/Ilocos Norte
#25 P. Gomez St., Laoag City
Commission Serial No. 126543
Until December 31, 2010
Attorneys Roll No. 10101
IBP No. 12345-01/03/10 Laoag City
PTR No. 98765-01/03/10 Laoag City
MCLE Compliance No. I-0008456 Oct. 21, 2009
Doc. No. 743
Page no.
80
Book no.
11
Series of 2010