REPUBLIC OF THE PHILIPPINES

9th Judicial Region

REGIONAL TRIAL COURT
Dipolog City, Zamboanga del Norte
Branch No. 1

FEVIE GANDANGHARI CIVIL CASE NO.

001
Plaintiff.
- versus -
FOR
DAMAGES
AGUSTIN GAHIG-ULO
Defendant
x---------------------------------------------x

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

I. PRELIMINARY INFORMATION.

A. NAME AND OTHER PERSONAL CIRCUMSTANCES OF THE

WITNESS.
Name : NOEL ECHOSERO
Age : 40 years old;
Address : Quezon Avenue, Miputak, Dipolog City;
Occupation : Barangay Tanod;
Language : English and Tagalog.

B. LAWYER WHO CONDUCTED OR SUPERVISED THE

EXAMINA TION OF THE WITNESS.
Name : Atty. MARIUS LAKANDULA

Address : RAMOS LAKANDULA UY LAWOFFICES,

Unit 15, Majika Commercial Complex, Ramos Village., Dipolog City 7100.

Place of Examination: RAMOS LAKANDULA UY LAWOFFICES,

Unit 15, Majika Commercial Complex, Ramos Village., Dipolog City 7100

II. OFFER.

The testimony of the witness Noel Echosero is being offered to prove:

1. The house visit made to the Gandangharis reminding them of the

forced evacuation to be implemented pursuant to the directive
released by the Mayor.
2. The reluctance of the Gandangharis to evacuate.

III. JUDICIAL AFFIDAVIT PROPER.

I, NOEL ECHOSERO, 40 years old, married, Filipino, and residing at

Quezon Avenue, Miputak, Dipolog City, under oath, depose:

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

witness.

A I am NOEL ECHOSERO ,40 years old, married,residing Quezon

Ave., Miputak, Dipolog City, Barangay Tanod.

2. 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 civil case.

3. 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 defense, Atty. Marius Lakandulais

conducting or supervising my examination now at his law office at
 RAMOS LAKANDULA UY LAWOFFICES, Unit 15, Majika
Commercial Complex, Ramos Village., Dipolog City 7100

4. Q In what language do you want your examination to be conducted?

A This judicial affidavit is prepared in English. I prefer that the

cross would be conducted in English as well.

5. 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 Do you know the plaintiff Fevie Gandanghari and her late

husband Alden Gandanghari?

A Yes. They are neighbors of mine residing at 123-B Quezon Ave.,

Miputak, Dipolog City

7. Q Why are you testifying in this case?

A I was personally assigned to conduct door-to-door information

drive to the Gandangharis for the implementation of the directive of
Mayor Sanchez.

8. Q When was this?

A Two (2) days before the schedule landfall. That was in the
afternoon of September 9, 2016, Friday.
9. Q What happened during the house visit?

A Mr. Gandanghari personally let us in as I handed him the copy of

the directive from the Mayor and told him that the evacuation centers
are now ready.

10.Q How did you Mr. Gandanghari responded?

A He told me that they have no plans to evacuate as the PAGASA
reports are always inaccurate and exaggerated.
11.Q How did you respond to their pronouncement?
 A I told them that the Mayor is doing his best because he wants zero
casualty and that I am here to remind them that if they do not evacuate
they do so in their own risk.
12.Q How did he responded?
A He merely nodded. Then I left after reminding them again about
the forced evacuation.

NOEL ECHOSERO
Affiant

SUBSCRIBED and sworn to before me in Dipolog City on 3rd of

Februrary, 2017, affiant showing his/her competent proof of identity, to
wit: COMELEC Voters Number 10319319.

Notary Public

Doc. No. __
Page No. __
Book No. __
Series of 2015.

IV. SWORN ATTESTATION OF THE LAWYER WHO

CONDUCTED OR SUPERVISED THE EXAMINATION OF THE
WITNESS.

The undersigned ATTY. MARIUS LAKANDULA of legal age, married,

and with law office address are RAMOS LAKANDULA UY
LAWOFFICES, Unit 15, Majika Commercial Complex, Ramos Village.,
Dipolog City 7100., under oath, deposes and states:
1. He is the Legal Counsel for the defendant 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 Laserna Cueva-Mercader Law Offices, Unit 15, Star Arcade, C.V. Starr
Ave., Philamlife Village, Las Pinas City 1740.

Dipolog City, 3rd day of February, 2017.

Atty. MARIUS LAKANDULA

Affiant

SUBSCRIBED and sworn to before me in xxx City on xxx _____,

2015, affiant showing his/her competent proof of identity, to wit: SSS
Member ID No. xxx.

Notary Public

Doc. No. ___

Page No. ___
Book No. ___
Series of 2015.

Copt Furnished:

Counsel for PLAINTIFF FevieGandanghari

 EXPLANATION

A copy of this Judicial Affidavit is served on the Court, the Counsel

for the PLAINTIFF FevieGandangharivia LBC Express Corp./registered
mail due to the great distances of their respective addresses, due to the
urgency of filing the same, and due to the lack of field personnel of the
undersigned counsel at this time.

Marius Lakandula