Republic of the Philippines

REGIONAL TRIAL COURT

6th Judicial Region

Branch 12

Makati City

PEOPLE OF THE PHILIPPINES, CRIMINAL CASE NO. 232323

Plaintiff, FOR:

Slight Physical Injuries

- versus -

THOR GANER,

Accused.

x-----------------------------------------------x

JUDICIAL AFFIDAVIT

(Rule on Judicial Affidavit, A.M. No. 12-8-8-12, September 4, 2012)

I. PRELIMINARY INFORMATION.

NAME AND OTHER PERSONAL CIRCUMSTANCES OF THE WITNESS.

Name : Gabriel Salas

Age : 30;

Address : no. 133 Matapang Road, Barangay Ilar, Makati City

Occupation : Driver;

Language : English and Tagalog.

LAWYER WHO CONDUCTED OR SUPERVISED THE EXAMINA TION OF THE WITNESS.

Name : Atty. Marlon Sy.

Address : BARAG LAW OFFICE, 7-C Crispa Ave., San Lorenzo
Village, Pamplona III, 1712 Makati City

Place of Examination: BARAG LAW OFFICE, 7-C Crispa Ave., San Lorenzo Village,
Pamplona III, 1712 Makati City

II. OFFER.

The testimony of the witness Gabriel Salas is being offered to prove the:

1. The identity of the real parties of this case;

2. That the attack on the complainant was a mere self-defense by the accused.

III. JUDICIAL AFFIDAVIT PROPER.

I, Gabriel Salas 30years old, married, Filipino, and residing at no. 133 Matapang
Road, Barangay Ilar, Makati City, under oath, depose:

Q – Please state your name, age, residence, and occupation of the witness.

A – I am Gabriel Salas, 30 years old, married, residing at no. no. 133

Matapang Road, Barangay Ilar, Makati City, driver.

Q- Why are you here now?

A – To give a sworn statement by way of a judicial affidavit, the same to constitute

as my direct testimony, in the above-captioned criminal case.

Q- For the record, please state the name and address of the

Lawyer who is now conducting or supervising your

examination and the place where the examination is being held now?

A – The legal counsel for the accused, Atty. Marlon Sy. is conducting or supervising
my examination now at his office at BARAG LAW OFFICE, 7-C Crispa Ave., San
Lorenzo Village, Pamplona III, 1712 Makati City
Q – In what language do you want your examination to be conducted?

A – This judicial affidavit is prepared in English. But I prefer that my cross

examination be conducted in Tagalog for my convenience and for clarity.

Q – Do you undertake to answer the questions to be asked of you, fully conscious

that you will do so under oath, and that you may face criminal liability for false
testimony or perjury?

A -Yes.

6. Q – Let us now proceed to the Complaint. Do you know the complainant

and the accused in this case?

A – Yes. They are my neighbor.

7. Q– Can you describe what happen on the night of January 4 2018

A - Yes Sir. The accused and I were drinking infront of the accused house when
the complainant suddenly walk by us and said some remarks.

8. Q- What did the complainant said to the accused?

A – The complainant said that “Ano ba naman yan mag-iingay nanaman tong
mga batugan.”

9. Q- What did the accused do when he heard it?

A – He went to confront the complainant about what he said and there start their
arguments. I pulled the accused from the argument but when we were walking
towards the accused house I notice the complainant throwing a punch towards us
but I alerted the accused and somewhat dodge the punch.

10. Q- Then what did the accuse do?

A- He went and punch the complainant but only to defend himself. He stopped
when the complainant was down on the ground and was not attacking anymore.

11. Q- Then the one who threw the first punch was the complainant, is this
correct?

A- Yes Sir.

Nothing Follows.

Makati City, Philippines 2018.

Gabriel Salas

Affiant

SUBSCRIBED and sworn to before me in Makati City on February 16, 2018,

affiant showing her competent proof of identity, to wit: COMELEC VIN 232324.

Notary Public

Doc. No. __

Page No. __

Book No. __

Series of 2018.

IV. SWORN ATTESTATION OF THE LAWYER WHO CONDUCTED OR

SUPERVISED THE EXAMINATION OF THE WITNESS.

The undersigned ATTY. MARLON SY, of legal age, married, and with law office
address 7-C Crispa Ave., San Lorenzo Village, Pamplona III, 1712 Makati City,
under oath, deposes and states:

1. He is the Legal Counsel for the accused in the above-entitled case;

2. He faithfully recorded or caused to be recorded the

questions he asked and the corresponding answers that the above-named
witness gave;

3. Neither he nor any other person then present or assisting him coached the
witness regarding the latter's answers; and

4. He conducted the examination of the witness at his law office located at -C

Crispa Ave., San Lorenzo Village, Pamplona III, 1712 Makati City
Makati City, Philippines 2018.

Atty. MARLON SY.

Affiant

SUBSCRIBED and sworn to before me in Makati City onFebruary 15, 2018,

affiant showing his/her competent proof of identity, to wit: SSS Member ID No.
323345.

Notary Public

Doc. No. ___

Page No. ___

Book No. ___

Series of 2018.

Copy Furnished:

ATTY. NEIL PATRICK RAPOSON

Counsel for the complainant.

Makati CITY PROSECUTOR’S OFFICE,

Makati City Hall of Justice. J.P Rizal, Makati City,