REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
QUEZON CITY, BRANCH 123
LUISA CAPITANA
Complainant,
versus

CRIMINAL CASE NO.12-34-567-A

ROWENA ANG
Respondent.
====================================================
JUDICIAL AFFIDAVIT
OF LUISA CAPITANA
x-----------------------------------------------------------------------------------------x
FORMAL OFFER
THE TESTIMONY of complainant LUISA CAPITANA, given
hereunder, is formally offered to prove the following facts:
1.
To prove that complainant Luisa Capitana is a business
woman engaged in the buy and sell of jewelries;
2.
To prove that accused Rowena Ang was a commissioned
agent of Luisa Capitana who receives jewelries and sells for the
complainant on commission basis;
3.
To prove that the accuse received jewelries from the
complainant;
4.
To prove that the accuse failed to turn over the proceeds
of the jewelries which she had sold or return those jewelries
which were unsold despite repeated oral and written demands
of the complainant;
5.
To prove such other relevant matters which may arise in
the course of the trial of this case.

Criminal Case No. 12-34-567A, Judicial Affidavit of L. Capitana

Page 2 of 6

THIS JUDICIAL AFFIDAVIT was conducted by the undersigned

counsel at his Office located at his office located at Block 85 Lot 53
Cana St., Lagro Subdivision, Novaliches, Quezon City.
LUISA CAPITANA, 56 years old, resident of No. 23 Tandang
Sora, Quezon City, a business woman, hereby testify under oath, fully
conscious of such fact and aware that she may face criminal liability
for perjury or false testimony.
ATTY. LAYSON
1. Question: Do you swear to tell the truth and nothing but the
truth?
Answer:
I do.
2.

Q:
A:

3.

Are you aware that you may face criminal liability for false
testimony or perjury if you will not tell the truth?
I am.

Please state your name, age address and occupation?

I am Luisa Capitana, 56 years old, resident of No. 23
Tandang Sora, Quezon City, a business woman
engaged
in the buy and sell of jewelries.

4.

Q:
A:

Q:

Luisa
A:
5.

Q:
A:

6.

Q:

7.

Q:

The complainant in this case is named Luisa Capitana,

what is your relation with the complainant named
Capitana??
I am the one, sir.
Do you know the respondent in this case?
She is Rowena Ang, one of my commission agents in my
buy and sell business of jewelries.

As one of your commission agents, what are the services

did Rowena Ang rendered with your consent or
authority?
A:
First, she receives jewelries from me, sells it for cash and
turn over the proceeds after deducting 10% of the
selling
price as her agents commission, plus
overprice if any.
Second, she returns the jewelries which
were unsold.

A:
failed

Was there an instance when Rowena Ang did not

perform the aforementioned services?
Yes. On July 22, 2010, Rowena Ang took and received
several pieces of jewelries from me. However, she
to turn over the proceeds of the jewelries

Criminal Case No. 12-34-567A, Judicial Affidavit of L. Capitana

which she had

unsold.
8.

Q:
A:

9.

Q:
A:

10.

Page 3 of 6

sold or return the jewelries which were

What were the jewelries did Rowena Ang took and

received from you last July 22, 2010?
Rowena Ang took and received the following jewelries:
(1) one pair of diamond earrings worth PhP2,000.00
(2) one piece of ladys ruby ring worth PhP1,500.00
(3) one pair of emerald earrings worth PhP1,000.00
(4) one piece of ladys diamond ring with small stones
worth PhP5,000.00
(5)one piece of ladys necklace with a cross pendant
worth PhP500.00
How much is the total value of the jewelries which
Rowena took and received from you?
The total value of the jewelries that Rowena Ang took and
received from me was PhP10,000.00.

Q:

Apart from your testimony, what other evidence can you

show to the Honorable Court to confirm your claim
that on
July 22, 2010 Rowena Ang took and received
several stipulated pieces of jewelries from
you?
A:
This receipt of those jewelries dated July 22, 2010
executed by Rowena Ang which was signed in my
presence and my daughter Monica.

ATTY. LAYSON: This witness handed to me an original copy of the

receipt of said jewelries dated July 22, 2010 executed by Rowena
Ang signed in her presence and her daughter Monica. We request
that this receipt of said jewelries dated July 22, 2010 executed by
Rowena Ang be marked and identified as Exhibit 1.
11.

Q:
A:

12.

Can you warrant that this receipt Exhibit 1 is the original

copy?
Yes, sir, under oath.

Q:

I noticed that certain Rowena Ang signed the receipt of

said jewelries dated July 22, 2010. If you know who
is this
Rowena Ang?
A:
She is the same person named Rowena Ang, one of my
commission agents and who took and received
several
pieces of jewelries from me on July 22, 2010.

ATTY. LAYSON: We request that the signature of Rowena Ang on the

right hand portion of Exhibit 1 be marked and identified as Exhibit
1-A.

Criminal Case No. 12-34-567A, Judicial Affidavit of L. Capitana

13.

14.

Page 4 of 6

Q:

Did anybody witness the respondent signing the receipt of

the said jewelries on July 22, 2010?
A:
Yes. On July 22, 2010, the signing of the receipt of the
said jewelries was witnessed by myself and my
daughter
Monica Capitana.
Q:

What did you do when the respondent Rowena Ang

failed to turn over the proceeds of the jewelries
which she
had sold or return the jewelries which were
unsold?
A:
I made repeated oral and written demands of the
proceeds of the jewelries which she had sold or
return the
jewelries which were unsold.

15.

Q:

What damages, if you any, did you suffered as a result of

this complaint?
A:
Because of her omission to turn over the proceeds of the
jewelries which she had sold or return the jewelries
which
were unsold we were compelled to hire the
service of
counsel and litigate to protect my rights and
interest. We
have already spent not less than
P100,000.00 for
attorneys fees and expenses of
litigation.
16.

Q:
her
A:

acts
17.

Q:

A:
and

Aside from attorneys fees and expenses of litigation,

what other damages did you suffer on account of
aforementioned omission?
We suffered mental anguish, serious anxiety, moral
shock, and other similar injuries, all arising from the
of the respondent.
If you will monetize the damages you suffered on account
of the wrongful acts of the respondent, how much will you
pray the court to compensate you for your moral
damages?
Not less than P500,000.00, plus another Php100,000.00
as exemplary damages to teach her a lesson in
performing her duties, give everyone his due
observing honesty and good faith.

ATTY. LAYSON: That will be all at this time.

LUISA CAPITANA

Criminal Case No. 12-34-567A, Judicial Affidavit of L. Capitana

Page 5 of 6

Witness

SUBSCRIBED AND SWORN before me in Quezon City this 19 th day

of March 2015, Affiant-witness showed to me Senior Citizen ID No.
1234.
________________
Notary Public
Until December 31, 2015
Doc No. ________;
Page No. _______ ;
Book No. _______;
Series of 2015.
ATTESTATION
I, STEPHEN JUDE M. LAYSON, 45 years old, married, and
resident of Block 85 Lot 53 Cana St., Lagro Subdivision, Novaliches,
Quezon City, attest under oath:
1. That I personally conducted the oral examination of Luisa
Capitana in her foregoing Judicial Affidavit;
2. That that I faithfully recorded the questions I propounded on
witness Luisa Capitana as well as the corresponding answers
she gave to my questions; and
3. That neither I nor any other person present had coached Luisa
Capitana regarding the answers she gave to my questions.
STEPHEN JUDE M. LAYSON
Lawyer
SUBSCRIBED AND SWORN before me this 20 th day of March
2014 at Quezon City, Affiant-lawyer exhibited to me his Drivers
License bearing No. A02-89-034637 expiring on 03/07/2016.
________________
Notary Public
Until December 31, 2015
Doc No. ________;

Criminal Case No. 12-34-567A, Judicial Affidavit of L. Capitana

Page No. _______ ;

Book No. _______;
Series of 2015.

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