Republic of the Philippines

MUNICIPAL TRIAL COURT

First Judicial Region
Branch
Baguio City

People of the Philippines

Plaintiff,

– versus – CRIMINAL CASE NO. 138893

ESTAFA under Art. 318 of the
Revised Penal Code
Evelyn Julian and Amy Dogui-is
Accused
x-------------------------x

JUDICIAL AFFIDAVIT
OF EMILY BOTOR
I, Emily Botor, of legal age, married, Filipino and a resident of Purok 10,
Dontogan Barangay, Baguio City, Philippines, under oath, deposes and states that:

I am witness in the contract of sale executed between herein complainant,

dated January 21, 2014, involving a lot, specifically Lot A1 Block 3 located at
Dontogan (Green Valley) Barangay and companied Amy and Lolita in visiting and
surveying the land;

I personally decided to stand as a witness in Criminal Case No. 138893 for

Estafa under Art. 318 of the Penal Code filed by Lolita Bornales, nowpending
resolution before the Municipal Trial Court, First Judicial Region, Branch 4,
Baguio City, Philippines;

In line with A.M. No. 12-8-8-SC otherwise known as the Judicial Affidavit
Rule, Atty. _______, our legal counsel, prepared, conducted and supervised my
direct examination by way of questions and answers as reflected in this Judicial
Affidavit that I executed on November 12, 2018 at 4:00 o`clock in the afternoon at
his office in Baguio City, Philippines;

The answers to the questions propounded to me by Atty. _______relating to

this case are the truth, the whole truth, and nothing but the truth—all of which are
based on my personal knowledge or on authentic documents—fully conscious that
I am under oath, and that I may face criminal liability for false testimony or perjury
in case of any falsehood in my statements;

In the process of my examination, I was asked to identify certain documents

and object evidence relevant to this case, and the same were correspondingly
marked as our Exhibits;
 I further certify that neither Atty. _________ nor anyone, coached me
regarding my answers to the questions propounded to me by Atty. _______;

PRESENTATION OF WITNESS AND

OFFER OF TESTIMONY

We are offering the testimony of AMY DOGUI-ISto prove the following

that:
1. She personally know Evelyn Julian and Amy Dogui-is because they are her
neighbors.
2. She executing this affidavit as a witness of EVELYN JULIAN and AMY
DOGUI-IS to the criminal complaint filed by LOLITA S. BORNALES
against them for the crime of ESTAFA BY MEANS OF DECEIT OR
FRAUDULENT ACTS under Art. 318 of the Revised Penal Code.
3. That Evelyn Julian and Amy Dogui-is are selling a parcel of land to Lolita
Bornales located at Dontogan Barangay.
4. That she witnessed, when Amy pinpointed the lot, she is offering to sell to
Lolita, and can acertain that it was a different lot where Lolita put her
improvements later on.
QUESTIONS & ANSWERS:

Q#1 Q#1 In relation to this case, Ms. Witness, do you remember having
executed a Judicial Affidavit?

A Yes Atty.

Q#2 If shown to you, will you be able to identify the Judicial Affidavit that
you executed?

A Yes Atty.

Q#3 Showing to you this Judicial Affidavit, will you please tell this
Honorable Court if this is the Judicial Affidavit you are referring to?

A Yes Atty, this is the Judicial Affidavit I executed in relation to this

case.

Q#4 Under your present oath, do you confirm and affirm the veracity and
truthfulness of all the statements you made in this Judicial Affidavit
and that if there is any falsehood thereto, you may face criminal
liability for false testimony or perjury?

A Yes Atty, I do.

MANIFESTATION: May we request your Honor that the Judicial Affidavit

executed by witness Evelyn Julian be mark as our Exhibit “__” and series to form
an integral part of his testimony.
Q#5 How did you know Evelyn and Amy?
 A They are my neighbors.
Q#6 Do you know where the lot is located?
A Yes ma’am. At Dontogan Barangay.
Q# 7 When did you visit the lot?
A Sometime in January 2014.
Q#8 Upon going to the location of the lot, what did Amy do?
A. She specifically pointed to Lolita the lot she was selling to her.
Q#9 What happened next?
A. An agreement of sale was executed between the parties, but later on
the Lolita erroneously built fence and shanty in a wrong lot which was
not the same lot as identified by Amy.

That will be all for the witness Your Honor.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 12thday

of November 2018at Baguio City, Philippines.

EMILY BOTOR
Affiant
Voter’s ID No. 1111

SUBSCRIBED AND SWORN to before me this 12thday of November 2018

at Baguio City, Philippines, affiant exhibited to me her positive identification duly
noted above below her name and signature, known to me and to me known to be
the same person who executed the foregoing instrument and acknowledged to me
that the same is her true act and deed.

WITNESS MY HAND AND SEAL.

ATTY. ___________
Roll No. _____
Notary Public-Province of Tarlac
My Commission Expires December 31, 2014
PTR No. _________, Bamban, Tarlac
IBP O. R. No. ___________, Tarlac Chapter
MCLE Compliance Certificate No. _______________

Doc. No. 215;

Page No. 43;
Book No. XII;
Series of 2014.
COPY FURNISHED: