Republic of the Philippines

REGIONAL TRIAL COURT

Cebu City
Branch 3

FELY NGERA
Plaintiff, CRIMINAL CASE NO. 326-MD-1900
FOR: (VIOLATION AGAINST WOMEN AND
CHILDREN)

- versus -

BRANDON KHO
Accused
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JUDICIAL AFFIDAVIT

Manifestation in compliance with (a), (b) and (c) of Sections 3 of the

Judicial Affidavit Rule (A.M. No. 12-8-8-SC):

The witness is BRANDON KHO, of legal age, Filipino, married and a

resident of #123 Vaghag Nhaong Street, Cebu City, Philippines.

The lawyer who conducted the examination of the witness is Atty.

GILBERT FERRER, with office at Room 4-F 2nd Floor, Adonis Bldg., Cebu
City, Philippines. The examination is being held at the same address.

The witness is answering the questions asked of him fully conscious

that he does so under oath and that he may face criminal liability for false
testimony and perjury.

The purpose of the affidavit is in compliance with Section 6 of the

Judicial Affidavit Rule (A.M. No. 12-8-8-SC).

ATTY. FERRER: The Judicial Affidavit of witness BRANDON KHO, is being

offered in lieu of his direct testimony in compliance with the Judicial
Affidavit Rule (A.M. No. 12-8-8-SC) for the purpose of proving the
following:

A The witness is the accused in the above-entitled case.

B He executed this affidavit to prove that what the complainant was

accusing him of purely hearsay, misinterpreted and out of his
knowledge.

C That accused did not commit the crime of violence against women
as shown in his Counter-Affidavit.

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**************

1 Q. Are you the same person being referred to as the

accused in the above-entitled case?

Ans: Yes, I am BRANDON KHO, the accused in the above-entitled

case.

2 Q. Do you know FELY NGERA, the complainant in this case?

Ans: Yes, she is my wife.

3 Q. Do you recall having executed a Counter Affidavit?

Ans: Yes.

4 Q: I am showing you this Counter-Affidavit dated September 23,

2016 which was subscribed before Assistant Prosecutor HON.
RAMON BAGNIT, what relation has this to the Counter-Affidavit you
mentioned earlier?

Ans: This is my Counter-Affidavit and may I ask that this marked

as Exhibit A inclusive of the Annexes.

5 Q: What are your bases in filing this case?

Ans. I am filing a case because all the accusations and statement

of the complainant are purely hearsays and misinterpretations.

6 Q: Did you ever abused or violated your wife in any way?

 Ans. No, I did not. We only have petty quarrels like what a growing
married couple does.

7 Q: When you mean petty quarrels, what is that?

Ans. Petty quarrels like when I caught her flirting with a neighbor. I
just talked to her and reminded her that she should be at home
taking care of our child rather than talking with the neighbors.

8 Q: What happened after that?

Ans. She understood and promised not to do it again. I reminded

her that she is already a mother and that she should be doing what
a normal mother and wife should do.

9 Q: Does your age gap between you and wife causing all the
woes?

Ans. I know our age gap and that does not stop me from fulfilling
my obligations as a father and it should not stop her from fulfilling
hers. She is already a mother and she should not be going out with
friends to party all the time leaving her child in the care of our
relatives.

IN WITNESS WHEREOF, I have hereunto affixed my signature this

26th day of September 2016, in the City of Cebu, Philippines.

BRANDON KHO

SUBSCRIBED AND SWORN TO before me this 26th day of

September 2016at Cebu City, Philippines, by BRANDON KHO, who has
satisfactorily proven to me his identity through his Driv. Lic. ID with No.
E06-94-456734 issued on Aug. 23, 2014 and valid until September 24,
2019 issued by LTO bearing his signature and picture, and that he is the
same person who personally signed before me the foregoing Judicial
Affidavit and acknowledged that he voluntarily executed the same and
understood the contents thereof.

Doc. No. ___________;

Page No. __________;
Book No. _________;
Series of 2016

SWORN ATTESTATION

I, ATTY. GILBERT FERRER, Filipino, of legal age, and with office

address at Room 4-F 2nd Floor, Adonis Bldg., Cebu City, Philippines, after
having been sworn in accordance with law, do hereby depose and state
that:

1 I conducted the examination of the witness BRANDON KHO;

2 I faithfully recorded the questions I asked and the corresponding

answers that the witness gave;

3 Neither I nor any other person then present or assisting me

coached the witness regarding the latters answers;

4 I am executing this Sworn Attestation in compliance with Section

4 of the Judicial Affidavit Rule (A.M. No. 12-8-8-SC).

IN WITNESS WHEREOF, I have hereunto set my signature this 26th

day of September 2016 at Cebu City, Philippines.

ATTY. GILBERT ABELLA FERRER

Examining Lawyer

SUBSCRIBED AND SWORN TO before me this 26th day of

September 2016 at Cebu City, Philippines, affiant exhibited to me his IBP
I.D. bearing Attorneys roll No. 332690.

Doc. No. ___________;

Page No. __________;
Book No. _________;
Series of 2016.

Explanation: Copies of the foregoing Judicial Affidavit was served upon

counsel for the Complainant by personal service.

ATTY. JUDY SY
Counsel for the Accused
6000 Cebu City