Republic of the Philippines

REGIONAL TRIAL COURT

Branch 45
Bais City
Province of Negros Oriental

PEOPLE OF THE PHILIPPINES,

Criminal Case No. 08-02-J
Plaintiff, For: DESTRUCTIVE ARSON

-versus-

HENRY CABABAT,
Accused
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JUDICIAL AFFIDAVIT

I, HENRY CABABAT, of legal age, married, Filipino and with residence at Sitio Buyog,
Barangay Pacuan, La Libertad, Negros Oriental, plaintiff in this case, state under oath as follows:

PRELIMINARY STATEMENT

The person interrogating me is Atty. Ana Carla T. Villarmente, with office address at
Bateria, Poblacion, City of Guihulngan, Negros Oriental. The interrogation is being held at the
same address. I am answering her questions fully conscious that I do so under oath and may
face criminal liability for false testimony and perjury.

QUESTIONS AND ANSWERS

Q1. Do you know the plaintiff Rustico Bolhano?

A1. Yes maam, he is my neighbour and also a barangay kagawad in our barangay,
Barangay Pacuan, Jimalalud.

Q2. Where were you towards midnight of August 6, 2000?

A2. That evening, I was in my house already asleep at around 8:30 pm after listening to
my favourite radio program. Then later, I was woken up by Kagawad Ronie Estoconing
and Brgy Tanod Noli Camion and a certain Dany Abel, informing me that a fire had
broken out towards the direction of the house of Kagawad Rustico Bolhano and we
should go and help put out the fire.

Q3. And what happened next?

A3. The four of us went to the house of Kagawad Rustico Bolhano where it was already
in flames, but as we were approaching we heard his angry challenge for anybody to a
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 gun duel. So we just stopped at a distant in the surrounding ground of the house of
Kagawad Ronie Estoconing together with Dany Abel until Rustico Bolhano’s house was
razed to the ground.

Q4. Do you have any responsibilities in your barangay?

A4. Yes maam, I am a barangay tanod that is why I also felt a duty to help put out the
fire.

Q5. In spite of your testimony, do you know of any reason why you have been charged
by Rustico Bolhano of arson?
A5. I don’t know. I do not have any misunderstanding or quarrel with him or his
immediate members of his family. But I am one of the principal witnesses against them
in the case People of the Philippines versus Rustico Bolhano, Judith Bolhano and Joje
Bolhano-Saclot pending trial before Branch 45, Regional Trial Court of Bais City. And
Rustico Bolhano has threatened me that something will happen if I and my companions
will not desist from being witness in the said case.

Q6. Do you have anything more to say?

A6. I would like to deny and denounce in the strongest words possible the accusation
levelled against us, but also to appeal to the authorities concerned not to allow
themselves to be used as a vehicle in the persecution of persons innocent of the crime
charged.

HENRY A. CABABAT
Accused

JURAT AND CERTIFICATION

SUBSCRIBED AND SWORN to before me this 19th day of December, 2000 in Tayasan-
Jimalalud, Negros Oriental, Philippines. Affiant exhibited to me his Barangay I.D. No. N04922,
issued by Barangay Pacuan on July 1, 2000 and expiring on August 25, 2003.

NOTARY PUBLIC

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 ATTESTATION

I, ANA CARLA T. VILLARMENTE, with office address at Bateria, Poblacion, City of

Guihulngan, Negros Oriental, attest under oath as follows:

1. I personally conducted the interrogation of HENRY A. CABABAT of Barangay Pacuan,

Jimalalud, Negros Oriental, accused in Criminal Case No. 08-02-J at the Regional Trial
Court, Branch 45, Bais City, Province of Negros Oriental.
2. I faithfully recorded the questions I asked Mr. Cababat and the corresponding
answers he gave me;
3. Neither I nor any other person then present coached Mr. Cababat regarding his
answers; and
4. I conducted the interrogation under a lawyer’s supervision, namely Atty. Dante G.
Zamora, the counsel for the plaintiff.

ANA CARLA T. VILLARMENTE

Affiant

SUBSCRIBED AND SWORN to before me this 3rd day of January 2011 in Bateria,
Poblacion, City of Guihulngan. Affiant exhibited to me her Driver’s License No. N04922443288,
issued by the Land Transportation Office in Dumaguete City on December 25,2010 and expiring
on December 25, 2013.

NOTARY PUBLIC

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Counsel to Court: Your Honor, the testimony of this witness is presented to
establish the following:

1. That the accused was not at the incident of the crime when it was
beginning to take place;

2. That there were witnesses who can prove that the accused was with them
during this time;

3. That the accused belatedly arrived at the scene of crime together with
other people in order to help put out the fire but desisted from doing so
because of the threats of the plaintiff against him;

4. That beforehand, the plaintiff asked the accused to desist from further
testifying in a case pending before the RTC, Branch 45 entitled “People of the
Philippines vs Rustico Bolhano, Judith Bolhano and Joje Bolhano-Saclot but
accused refused, whereby plaintiff made some threats against accused;

5. His testimony is likewise presented to prove other pertinent facts

and other relevant matters.

Counsel to Court: May I proceed your honor?

Court: Proceed.