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Republic of the Philippines


National Capital Judicial Region
Quezon City
Branch ___


-versus- FOR:

(of Prosecution witness LUISA CAPITANA in lieu of Direct Testimony)


The person examining me is ATTY. JOVEN S. BAUTISTA with law

office address Canter Bldg. Floor 2 North Fairview, Quezon City. My
Judicial affidavit is being taken at the above mentioned place in the presence
of Monica Capitana and my companions. The questions are asked in the
English Language but are translated in the Tagalog dialect which I speak and
fully understand and I am giving my answers fully conscious that I do so
under oath and I am aware that I may face criminal liability for false
testimony or perjury for false statements made or given by me.

The testimony of the witness Luisa Capitana is being offered to prove

she is an eye witness to the crime of Estafa. She will testify what she saw the
day of their transaction with the accused and what latter transpired in their
agreement dated On July 22, 2010.
The witness will identify the accused in open court as the person who
committed the crime.

1. Q: Mrs. Witness, will you please tell the Honorable Court your name, age
and other personal circumstances?
A: I am Luisa Capitana, 56 years old, a business woman and a resident of
No. 23 Tandang Sora, Quezon City.

2. Q :What is the nature of your business?

A:I am engaged in the buying and selling of jewelries.
3.Q: How long did you endeavor your business?
A:It started in 2008 sir.
4. Q: How do you know Rowena Ang the accused?
A:She is one of my agents in the jewelry business.
5.Q: Do you remember what transpired between you and the accused in the
afternoon of July 22, 2010?
A: We were having a chat in my house and discussing a business deal.
6.Q:What business deal did you agreed upon?
A:I agreed to allow her to act as an agent to sell my jewelries and get 10%
commission for it.
7. Q:What jewelries where taken from you?
A: One pair of Diamond earrings, ladys ruby ring, a pair of emerald
Earring, ladys diamond ring with small stones and a necklace with
A cross pendant.
8. Q:How much in total she owes you?
A: It was 10,000 php worth.
9. Q: Do you have a proof of the transaction?
A:Yes, a receipt signed by Rowena.
10. Q: Is this the receipt your talking about?
A: Yes, It is Sir.
11.Q:In this receipt whose signature is this?
A:It is the signature of my daughter Monica signed as a witness.
Motion: May I request this Honorable court to mark this receipt as Exhibit A
and the signature of Monica as Exhibit A-1
12.Q: Did you demand the payment of the said jewelries?
A:Yes, by oral and written demand.
13.Q: Why did you file a case now?
A: Since tried to give her a grace period but she went on hiding.
14.Q:What did the accused do?
A:She never returned the jewelries or paid the money even if I made
several demands to her and she hide.
15.Q: What happened to your business then?
A: It still continued despite the difficulties I still have the requirements to
Run my business.

16. Q:Is this your business requirements?

A:Yes sir.
Motion: May I request this Honorable court to mark this Mayors permit
as Exhibit B, The BIR tax declaration as Exhibit C and DTI Permit
as Exhibit D

17.Q:If the accused is now inside the court room, will you look around and
identify her?
A:That's her sir.( witness pointing to Rowena Ang)
18. Q:In connection to this case did your daughter executed a sworn
A: Yes, Sir.
19.Q: Is this the sworn statement of your daughter
A:Yes, Sir.
20. Q:In connection to this case do you remember having executed a sworn
A: Yes, Sir.
Motion: May I request this Honorable court to mark this sworn statement
as Exhibit E
21. Q:In connection to this case do you remember having executed a judicial
A: Yes, Sir.

22. Q:Is this the judicial affidavit?

A:Yes, Sir.
23.Q: Is this your signature on the affidavit?
A: Yes, Sir.

Manifestation: May I request this Honorable court a few words to ponder in

The act of the client by mere hiding this past 4 years constitutes an abuse of
confidence over my client. The mere fact that she run and hide from her
obligation shows that the trust entrusted by my client over her was violated


IN WITNESS WHEREOF, I have hereunto set my hand this day of 17 of
December 2014, at Quezon City, Philippines.



I, ATTY JOVEN S BAUTISTA, hereby attest that I faithfully

recorded the questions propounded and the corresponding answers given by
the witness LUISA CAPITANA. I duly Interpreted the questions I asked in
the tagalog dialect which the witness understands and she provided the
answers the best way she could which were duly translated by me in the
ENGLISH Language. I did not in any way coach or taught or instruct the
witness on how to answer or any other person or persons then present or
assisting the witness regarding the latters answers.


Roll No. 51379-2006
IBP No. 808787-1/3/12
PTR No. 4128464- 1/3/12; Manila
MCLE Compliance III No. 0013601

Issued on April 22, 2014

SUBSCRIBED AND SWORN to before me this 17th day of

December 2014 at Quezon City, Philippines

Administering Officer/Notary Public

Roll No. 54579-2006
IBP No. 808797-1/3/12
TR No. 4228364- 1/3/12;Manila
LE Compliance III No. 0013821
Issued on April 22, 2014

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