REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL REGION

METROPOLITAN TRIAL COURT
BRANCH XX, MAKATI CITY

PEOPLE OF THE PHILIPPINES,

Plaintiff,

- versus -
Civil Case No. ____________
QUALIFIED TRAFFICKING

CHA CHING
FUH KING
MAGDA,
Defendant.
x-------------------------------------------------x

JUDICIAL AFFIDAVIT

Witness:
ALIAS MAGDA, of legal age, single, Filipino, and resident of Dona Carmen Subdivision,
Quezon City.

Examining Lawyer:
JEROME ESPINO
6th floor Makati City Hall Building,
Poblacion, Makati City

Place of Examination:
Public Attorneys Office, Makati District
6th floor Makati City Hall Building,
Poblacion, Makati City

Formal Offer: Your Honor, we are offering the testimony of Defendant, Alias
Magda, who will be testifying to refute the material allegations in the complaint
of Shana Cagandahan against her. Defendant, in the course of his testimony, will
testify on allied matters.

I, MAGDA, of legal age, Filipino, single, and a resident of Dona Carmen

Subdivision, Quezon City, after having been duly sworn to in accordance with
law, hereby states that:

I am answering the questions propounded by my counsel, Atty. Jerome Vic

Espino of Public Attorneys Office, Makati District, fully conscious that I am under
oath and that I may face criminal liability for false testimony or perjury;

This Judicial Affidavit is written in English, a language known and

understood by me, and the examination and execution thereof were done at the
Public Attorneys Office, Makati District, 6th floor Makati City Hall Building,
Poblacion, Makati City; and

This Judicial Affidavit shall serve as my direct testimony in this case.

1. Q: Please state your name and other personal circumstances.

 A: I am MAGDA, of legal age, Filipino, single, and a resident of Dona
Carmen Subdivision, Quezon City.

2. Q: Are you the same MAGDA, who is a defendant in criminal case. xxxxx
for qualified trafficking filed by Shana Cagandahan?
A: Yes, Atty.

3. Q: Why are you here in court today, Ms. Witness?

A: To give my testimony in connection with the instant case filed against
me by Ms. Cagandahan, Atty.

4. Q: What do you do for a living, Ms. Witness?

A: I work as a model of PlayDoh Modeling Agency.

5. Q: Ms. Cagandahan, you mentioned that you are a model at PlayDoh

Modeling Agency; as such, what are your duties and responsibilities?
A: I do photoshoots, endorsements, and sometimes runways. It depends
on the nature of work by the client.

6. Q: Are you forced to perform sexual activities as a model?

A: No.

7. Q: Based on your experience, do you recall being a subject of

pornography?
A: No.

8. Q: Do you recall the names Cha Ching and Fuh King?

A: Yes.

9. Q: What do you know about Cha Ching and Fuh King?

A: Cha Ching was the person who scouted me to work in PlayDoh
Modeling Agency. As far as I remember, Fuh King is also a staff of
PlayDoh.

10. Q: Do you know a person named Shana Cagandahan?

A: Yes.

11. Q: What is your relationship with Shana Cagandahan?

A: She is my neighbor in the Philippines.

12. Q: Is it true that you recruited Ms. Cagandahan to work for PlayDoh
Modeling Agency?
A: No.

13. Q: Why is Ms. Cagandahan saying that you recruited her? Can you please
elaborate?
A: It happened when I visited her son in the hospital. She said she needed
money and even asked me if I have some. I told her I dont have money.
She asked if I know someone who can lend her money or if I know a way
for her to earn money she needs for her son. I only work as a model so I
dont have anything to offer but to tell her about how I earn money. She
was interested and asked if she can work where I work. I told her that Im
not sure but she looked desperate so I just gave her the number of our
talent scout and told her to contact him instead.

14. Q: This was on October 7, 2013. Is that correct?

A: I cannot recall the exact date, but yes it was around that time.
15. Q: Who is this talent scout that you are referring to?
A: I am referring to Mr. Cha Ching.

16. Q: Is Mr. Cha Ching also a defendant in criminal case. xxxxx for qualified
trafficking filed by Shana Cagandahan?
A: Yes.

17. Q: Ms. Cagandahan is alleging that you supplemented the permits of

legitimacy given by Mr. Cha Ching to Ms. Cagandahan with actual stories
of your acquaintances in your town who now enjoy a stable life. Is that
true?
A: Thats not completely true.

18. Q: Not completely true in what way, Ms. Witness?

A: Yes, I told her stories of the people I know who work in PlayDoh, but it
was not to supplement the permits given by Mr. Ching. She asked me if I
know people who also work there thats why I answered based on what I
know.

19. Q: Is it true that you were on the plane with Ms. Cagandahan on her way
to Hong Kong, January 2014?
A: Yes.

20. Q: When you arrived in Hong Kong, were you asked to surrender all your
documents to the agency?
A: Yes.

21. Q: Did you surrender your documents, including your passport?

A: Yes.

22. Q: Were you forced to do that?

A: No.

23. Q: What compelled you to surrender your documents to the Agency?

A: Nothing. I think its just for security purposes.

24. Q: Is it true that you were not allowed to leave the premises of the
Agency?
A: No.

25. Q: So you can go anywhere anytime you want to?

A: No.

26. Q: In what circumstances are you allowed to leave the premises of the
agency?
A: Before we leave, we need to ask for permission first. We cannot leave
without the knowledge of our agency.

27. Q: What was your reaction when you learned that Ms. Cagandahan is
charging you with qualified trafficking?
A: I was shocked, Atty.

28. Q: Why is that, Ms. Witness?

A: Because as far as Im concerned, I only helped her because she
needed it. Had she not asked me for help, I would not even give her the
idea of working there [PlayDoh]. I was there only to visit his son.
29. Q: In their complaint-affidavit, BL alleged that you agreed to pay all
charges incurred through the use of your BL credit card within a period of
twenty days from your assigned cut-off date without necessity of demand
and that should you opt to pay the minimum payment required in the
statement of account, your unpaid account shall bear financial charges at
the rate of 3.25% per month and late payment charge of 6% of the amount
due for every month or fraction of a months delay whenever you would fail
to pay on your due date. What can you say about that?
A: That is not true, Maam, they did not tell me about it when they sent me
the credit card?

30. Q: But BL also claimed that the imposition of financial charges amounting
to 3.25% and late payment charge of 6% were expressly provided for in
the Terms and Conditions governing the Use and Issuance of the BL
credit card, which were printed a he back of the letter supposedly sent to
you together with the credit card, are you aware of that?
A: No, Maam, I am not aware of such terms and condition attached to the
card.

31. Q: Do you recall if there was anyone from BL who explained to you such
terms and conditions governing the use of BL credit card?
A: No Maam. I do not recall anyone from BL explaining to me said terms
and conditions governing the use of BL Credit Card.

32. Q: How about signing any document containing the terms and conditions
governing the use and issuance of the BL Credit Card, do you remember
having signed any such document?
A: No, Maam.

33. Q: But are you aware now of such terms and conditions governing the
use and issuance of the BL Credit Card?
A: Yes, Maam. I am made aware of such terms and conditions only now,
when this particular case was filed against me. To reiterate, no one from
BL explained to me the alleged terms and conditions. And even if the
same was written at the back of the letter supposedly delivered to me with
the credit card, the provisions therein are written in so fine prints and in
breathlessly long sentences perhaps for the purpose of being ignored
altogether.

34. Q: Now you said that you became aware of the terms and conditions
governing the use and issuance of the BL Credit Card only after this
particular case was filed against you, did you find any provision therein
with respect to payment charges?
A: Yes Maam there exists a provision concerning payment charges but I
cannot find anything therein that states an imposition of financial charges
at the rate f 3.25% per month and the imposition of late payment charge of
6% of the amount due for every month or fraction of a months delay.

35. Q: Now Mr. Witness, had the imposition of financial charges amounting to
3.25% and late payment charges of 6% explained to you, would you have
agreed to the same?
A: No Maam because the 3.25% financial charge and 6% late payment
charge is just too much and I believe its illegal.

36. Q: Also in the statements of account attached by plaintiff on their

complaint-affidavit, there is an apparent compounding of interest. Do you
remember having agreed to such compounding interest of BL?
 A: No Maam.

37. Q: Now youre saying that the financial charges and late penalty charges
imposed by BL is too much, how much charges the do you consider
justified?
A: A total interest of 12% per annum is justified and there must be no
compounding interest because I believe BL has no basis for its imposition.

38. Q: What can you say now with respect to the allegation made by BL to the
effect that you have an outstanding, overdue and unpaid obligation with
them in the amount of two hundred sixty-three thousand, eight hundred
seventeen pesos and eleven centavos (P263,817.11)
A: That is way too excessive Maam. I acknowledge that I have an
outstanding obligation to BL but not to that extent

39. Q: Why do you say so?

A: My obligation reached that amount because of the excessive, iniquitous
and unconscionable interest and fine imposed by BL.

40. Q: BL also claims that by reason of your willful, unjustified and continued
failure and/or refusal to pay your outstanding, overdue and unpaid
obligation with them, they were constrained to engage the services of a
counsel to protect their interest, and they want you to pay the attorneys
fees that is equivalent to 25% of the total amount due plus their counsels
appearance fee every Court Hearing. What can you say about that?
A: I should not be made to pay the fees of their counsel, Maam. If BL
incurred expenses in hiring a counsel for the purpose of filing the instant
case against me, they should be made to bear the consequence thereof. I
did not ask for this case, all I wanted is a simple accounting of records
between me and BL so that the real amount of my outstanding obligation
be reflected

41. Q: Considering what you have said Mister Witness, what do you want the
Honorable Court to do with the case filed against you?
A: I hope that this case will be decided with fairness. I acknowledge that I
have an obligation with BL, I just hope that my obligation be limited to my
principal obligation coupled with a reasonable amount of interest

42. Q: Do you affirm and confirm the truthfulness and veracity of all the
statements you stated in this judicial affidavit?
A: Yes Maam.

IN WITNESS WHEREOF, I have hereunto set my hand this 19 th day of

February
2013 at Makati City

JOSE REYES
Affiant

SUBSCRIBED AND SWORN TO before me this 19th day of February,2013 at the Public
Attorneys Office in Makati City, Philippines. Affiant exhibiting to me his GSIS
Multipurpose ID No. 123-1234-1234-1

NOTARY PBLIC

ATTESTATION OF COUNSEL
 I, MARIA DELA CRUZ, single, Filipino, of legal age with office address at 5 th floor, new
Makati City Hall Building, JP Rizal St. Poblacion Makati City, after having been sworn to
in accordance with law, hereby attest that:

1. I am the examining lawyer in the foregoing Judicial Affidavit.

2. I faithfully recorded the questions that I asked and the corresponding answers that
the witness gave in his Judicial Affidavit.
3. Neither 1 nor any other peron then present r assisting me coached the witness
regarding the latters answer.

IN WITNESS WHEEOF, I have hereunto set my hand this 12 th day of February 2013 at
Makati Cty, Philippines

MARIA DELA CRUZ

Affiant

SUBCRIBED AND SWORN to me this 12th day of February 2013 at Makati City,
Philippines. Affiant exhibited to me here IBP ID with Lifetime Membership NO. 12345

FAY ABRENICA
Copy Furnished:
Atty Fe Laurel