judicial affidavit of the witness for defense

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Republic of the Philippines Fourth Judicial Region REGIONAL TRIAL COURT Branch ___ Imus, Cavite PEOPLE OF THE PHILIPPINES, Plaintiff, Criminal Case No. 14-124 For: MURDER  -versus- JOEY CRUZ y VALENCIANO,  Accused. x-------------------------------------------------------------------------------x JUDICIAL AFFIDAVIT OF JOANA C. SONSA I, Joana C. Sonsa, of legal age, single, and living at Brgy, Campos, Dasmariñas City, Cavite, witness of the accused in this instant case, state under oath as follows: PRELIMINARY STATEMENT The person examining me is Atty. Eva Pinguel with address at Molino, Bacoor, Cavite. The examination 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. This affidavit/testimony of Joana C. Sonsa is being offered to prove (1) Accused’s location at the time of the commencement of the crime, which is respectfully requested to be correspondingly marked as EXHIBITS  ________ in this case; and (2) All other related matters, facts and circumstances relevant and material to this case. Q1. Do you swear to tell the tr uth and nothing but the tr uth?  A1. I do, Ma’am. Q2. Are you awar e that you may face criminal l iability for false testimony or perjury if you will not tell the truth?  A2. I am, Ma’am. 

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Sample of Judicial Affidavit of a Defense's witness

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Republic of the PhilippinesFourth Judicial RegionREGIONAL TRIAL COURTBranch ___Imus, Cavite

PEOPLE OF THE PHILIPPINES, Plaintiff, Criminal Case No. 14-124 For: MURDER -versus-

JOEY CRUZ y VALENCIANO, Accused.x-------------------------------------------------------------------------------x

JUDICIAL AFFIDAVIT OFJOANA C. SONSA

I, Joana C. Sonsa, of legal age, single, and living at Brgy, Campos, Dasmarias City, Cavite, witness of the accused in this instant case, state under oath as follows:

PRELIMINARY STATEMENT

The person examining me is Atty. Eva Pinguel with address at Molino, Bacoor, Cavite. The examination 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.

This affidavit/testimony of Joana C. Sonsa is being offered to prove (1) Accuseds location at the time of the commencement of the crime, which is respectfully requested to be correspondingly marked as EXHIBITS ________ in this case; and (2) All other related matters, facts and circumstances relevant and material to this case.Q1.Do you swear to tell the truth and nothing but the truth?

A1.I do, Maam.

Q2.Are you aware that you may face criminal liability for false testimony or perjury if you will not tell the truth?

A2.I am, Maam.

Q3.Please state your name, age, address and occupation.

A3.I am Joana C. Sonsa, 30 years old, residing at Brgy. Campos, Dasmarias City, Cavite, saleslady at Joeys Boutique at SM MOA, Pasay City.

Q4.Do you know the accused in this instant case, Mr. Joey V. Cruz?

A4.Yes, Maam. He is my boss at Joeys Boutique.

Q5.Do you know what day and what time does Mr. Joey V. Cruz goes to the boutique?

A5.Yes, Maam. He is always at Joeys Boutique from 9:00 in the morning until 10:00 in the evening.

Q6.After work, do you always go home together with Mr. Joey V. Cruz?

A6.Yes Maam, we always go home together because we live in the same area.

Q7.At the night of August 2, 2014, do you remember going home with Mr. Joey V. Cruz?

A7.I do, Maam.

Q8.Can you tell us what time?

A8.At around 10:30 in the evening.

Q9.Aside from Mr. Joey V. Cruz, do you have any companion?

A9.I do, Maam.

Q10.Can you tell us who he/she is?

A10.Maam, she is Kathy B. Silot, a co-saleslady of mine.

Q11.Can you tell us what type of vehicle you, Ms. Kathy B. Silot and Mr. Joey V. Cruz rode going home?

A11.Maam, we rode on a public utility van heading to Dasmarias City, Cavite.

Q12.Do you remember executing a Pinagsamang Sinumpaang-Salaysay dated August 3, 2014?

A12.I do, Maam.

Q13.If shown to you, would you be able to identify it?

A13.Yes, Maam.

Q14.I am showing to you a Pinagsamang Sinumpaang-Salaysay marked as Annex A in the Counter-Affidavit of the Accused, Mr. Joey V. Cruz and also previously marked as Exhibit A. Can you go over the same and tell us if this is the Pinagsamang Sinumpaang-Salaysay you are referring to?

A14.Yes Maam, this is the Pinagsamang Sinumpaang-Salaysay that I am referring to.

Q15.There is a signature above the name of Joana C. Sonsa. Can you tell whose signature is that?

A15.It is my signature, Maam.

[Your Honor, may we move for the marking of the the bracketed signature above the name Kathy B. Silot as being identified by the witness as Exhibit A-2?]

Affiant further sayeth naught.

JOANA C. SONSAAffiant

Subscribed and sworn to before me this _______ at ____________, Affiant exhibiting to me her Valid ID:____________________________________________.

Doc. No. ______;Page No. ______;Boook No. _____;Series of 2014.

ATTESTATION

I hereby state, under oath, that I faithfully recorded the questions I asked and the corresponding answers that the witness gave and that neither I nor any other person present or assisting me has coached the witness regarding the latters statement.

ATTY. EVA PINGUELRoll No. ______PTR No. ____________________IBP No. ____________________MCLE No. ____________________

Subscribed and sworn to before me this _______ at ____________, Affiant exhibiting to me her Valid ID:____________________________________________.

Doc. No. ______;Page No. ______;Boook No. _____;Series of 2014.

Copy furnished:

OFFICE OF THE PROVINCIAL PROSECUTORImus City, Cavite