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REPUBLIC OF THE PHILIPPINES

FIRST JUDICIAL REGION


Regional Trial Court
Batac City Ilocos Norte
BRANCH 18

PEOPLE OF THE PHILIPPINES

VERSUS CRIMINAL CASE


__________

JOEL “KAWIT” QUIAOT” YATAR


Accused

X -------------------------------------------------------x

JUDICIAL AFFIDAVIT
(CECIL CASINGAN)

OFFER OF TESTIMONY
The testimony of the witness Cecil Casingan is offered to establish the material
allegations on the nature of the relationship between Joel Yatar and Kathylyn Ubay. She
will also identify the handwriting of Kathryn on various documentary evidence as well as
other object evidence. Also to testify on other allied matters pertinent to the case.

REPUBLIC OF THE PHILIPPINES )


CITY OF BATAC, ILOCOS NORTE ) S.s.

I, CECIL CASINGAN, 16 years of age, single, Filipino citizen and a resident of


Brgy. Aglipay, City of Batac, Province of Ilocos Norte, Philippines, after having duly
sworn to in accordance with law do hereby depose and state THAT:

The counsel who conducted my examination is Atty. MA. SANIATA R. MARCOS


which was conducted in her office situated at Unit 5 NME Blgd., Washington St., Brgy.
CAngrunaan, Batac City, Ilocos Norte.
I am answering all the questions hereinafter propounded fully conscious that I am
under oath, thus I may be criminally liable for perjury or false testimony for any falsehood
I may testify;

The following question were asked of me, which I answer in the manner provided
below:

Q1: Why are you here in my office Ma’am?


A1: To testify on matters regarding the criminal case of People vs Yatar Sir.

Q2: Do you know Kathylyn Ubay?


A2: Yes sir.

Q3: How do you know her?


A3: She is my best friend sir since I was 6 years old.

Q4: How did you two meet?


A4:. We were classmate since we were in preschool sir.

Q5: How about Joel Yatar, do you know him?


A5: Yes.

Q6: How did you know him?


A6: Kathylyn mentioned him to me.

Q7: When did she mentioned him?


A7: On February 14, 1998.

Q8: Why was his name mentioned during that date?


A8: Kathylyn told me in the morning of that day that she intends to surprise one Joel and
asked me to accompany her to buy a gift.

Q9: After that what happened next, if any?


A9: We went to Laoag City and bought a bracelet at 5 Sisters Department Store sir.

Q10: What kind of bracelet did you bought?


A10: It was a gold bracelet with a Hexagram Star symbol sir.

Q11: If this bracelet is shown to you will you be able to identify the same?
A11: Yes, sir.
(Show the bracelet)

Q12: After purchasing the bracelet, what happened next?


A12: We went back to Batac Sir, as we still have a class.

Q13: During your trip back to Batac, what happened, if there is any.
Q13: I asked her who this Joel Yatar was.

Q14: What did Kathylyn answer you?


A14: She smiled, and told me that he was her boyfriend. She then asked me to give the
bracelet to him together with an envelope at the Ricarte Park at 4:00 PM at that date,
to which I agreed sir.

Q14: Have you met Joel Yatar prior to that date?


A14: No, sir.

Q15: If you have not met him prior, how will you be able to identify him?
A15: Kathylyn told me that Joel will be wearing a red shirt and a blue cap sir.

Q16: Were you able to give the necklace then?


A16: Yes, Sir.

Q17: How did you give him the necklace?


A17: When I arrived at Ricarte park Sir, I saw a back of a man wearing red shirt and a
blue cap. I approached him and asked his name when he answered Joel I immediately
give him the gift and leave.

Q18: What was the reaction of Joel when you give the gift?
A18: He was taken a back sir as if he was not expecting it.

Q19: Do you still remember the face of the person to whom you give the gift?
A19: Yes, sir.

Q20: Is he here?
A20: Yes, sir.

Q21: Can you point him?


A21: (point at Joel)

Q22: After that, did you meet Joel on other occasions?


A22: Yes sir.
Q23: Can you tell this court when are these instances?
A23: Joel would sometime fetch me and KAthylyn at school when he is not busy, sir.

Q24: What would happen on such instances?


A24: After fetching us in school sir we would go and have merienda somewhere in
Curimao Sir.

Q25: How is your relationship with Joel?


A25: We are okay with each other sir. I like him sir because I can feel his sincerity towards
Kathylyn and I can see him exerting effort for her sir.

Q26: During the times you are with them, how was the relationship of Kathylyn and Joel?
A26: They were very happy sir. I can see that Kathylyn was very happy with him sir. Joel
was very attentive to her needs and would give her everything she wants. Which is what
she deserves sir unlike before.

Q27: What do you mean by unlike before?


A27: During the previous relationship of Kathylyn Sir I saw how much she suffered sir.

Q28: Who are you referring to?


A28:. Martin Andaya Sir.

Q29: Who is Martin Andaya?


A29: He is the Ex- Boyfriend of Kathylyn prior to Joel sir.

Q30: Do you personally know him?


A30: Yes, Sir. Like Kathylyn, he is also my classmate sir.

Q31: Why what happened during their relationship.


A31: Martin was very possessive of Kathylyn and he was also very aggressive towards her
sir.

Q32: What do you mean by that?


A32: Kathylyn and I are always together at school sir. So I often witness how Martin and
Kathylyn fight sir. He would often lay a hand to her sir which would result to bruises
and scrapes sir. He would also forbid just about everything sir Kathylyn do sir like
going out, talking to others and socializing to others because he was very jealous and
possessive person sir. He also often forces himself to her.

Q33: What do you mean by forces himself to her?


A33: Kathylyn confided to me that Martin would force her to do some sexual acts despite
her refusal. One time while we were having our recess Martin tried to kiss Kathylyn
and drag her to our rooms utility closet however I was able to stopped him by calling
his attention.

Q34: What would Kathylyn do during those time?


A34: She would cry and confide with me sir. I would often tell her to cut their relationship
but Kathylyn would refuse to do such and would tell me she is afraid of what Martin
would do to her.

Q35: How about you?


A35: I tried reporting the incident to our teacher sir but Kathylyn forbid me to because she
was very afraid of Martin.

Q36: How about when they broke up?


A36: When they broke up sir Martin hurt Kathylyn sir in our classroom during lunch time.
Without the help of our other classmates we would not know what would have
happened sir. They try to pacify him sir.

Q37: How about now, is Martin still bothering Kathylyn?


A37: Yes, sir. I remember last week Kathylyn during lunch break at school Martin
approached us and told her that she is his and he would do anything to make her his
again.

Q38: After that incident what did Kathylyn told you? If any?
A38: After that Kathylyn told me that she is afraid of what Martin would do to her. She
also said to me that Martin at one time followed her home.

Q39: How long have you been a classmate of Kathylyn?


A39: Since Preschool Sir. About 10 years’ sir.

Q40: How was Kathylyn as a student?


A40: She was very studious sir. She was very smart sir and is a constant honor roll. I would
often copy her assignments sir.
Q41: If you often copy her assignment. Are you familiar with her handwriting?
A41: Yes, sir for the last 10 years that we are best friends and classmates her handwriting
is very familiar to me.

Q42: If a document is shown to you will you be able to recognize if the same was her
handwriting?
A42: Yes, Sir.
Q43: Showing to you are several letters, do you recognize the hand writing?
A43: Yes, sir these are the hand writing of Kathylyn.

Q44: How can you say that?


A44: The strokes of the letters are the same of that of Kathylyn’s. Also pertaining to these
two letters I saw her write the same at school during our lunch break for Joel.

Q45: How did you know that it was for Joel?


A45: Kathylyn told me when I ask her what she was doing sir..

Q46: What did she tell you?


A46: That this letter was for him sir. She also let me read it sir and asked me if it was okay?

NO FURTHER QUESTION YOUR HONOR.

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