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Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES


BRANCH 05
CEBU CITY

THE PEOPLE OF THE


PHILIPPINES
Complainant, Crim. Case No.
M-CEB-17-02225 -CR
-versus-

CHERYL ETURMA, FOR : Light Oral


Accused. Defamation
x------------------------x

Counter – Affidavit
( CHERYL ETURMA)

I, CHERYL ETURMA of legal age, single, Filipino, a resident of Holy Family,


Nivel Hills, Busay, Cebu City, Philippines after having been duly sworn to in
accordance with law, do hereby depose and say in judicial affidavit format:

1. I am the accused of this case.


2. My testimony is obtained by Atty. Regant Escabarte at his law
office with address .________________I am fully conscious that I
answer the questions under oath and that I may face criminal
liability for false testimony or perjury. My testimony is in question
-and -answer.

Accused’s Counsel :The testimony of the witness is being offered ;

1. to deny the allegations on the crime of Light Oral Defamation.

2. that the accused is not guilty of Light Oral Defamation

3. that the circumstances surrounding the incidents involving the private


complainant and the accused do not lead to the commission of the accused
of the crime of Light Oral Defamation.

4. to prove the valid and meritorious defense of the accused.

With the permission of the Honorable Court.

1. Question Can you understand and speak English.?


(Q)
Answer Yes, I can understand and speak English.
(A)
2. Question Please state your name, age, civil status, residence, and
(Q) occupation
Answer Ako si Cheryl Eturma, 29 years old , single nag puyo sa Holy
(A) Family, Nivel Hills, Lahug, Cebu City.

Translation I am Cheryl Eturma , 29 years old , single, with residence at Nivel


Hills, Lahug , Cebu City
3.
Question Are you aware that you are executing a Judicial Affidavit and that
(Q) in answering the questions that I will ask, you are fully conscious
that you do so under oath, and that you may face criminal liability
for false testimony or perjury?

Answer Yes.
4.
Q Why are you here?

A I want to make a sworn statement to deny the allegations of


Yolanda Cortes.

5. Q Do you know the private complainant – Yolanda

A Yes, in name , because she lives in the house as tenant of


Alfreda Lomotos the grandmother of my live-in partner , she is
known in our neighborhood as mischievous and quarrelsome

6. Q What made her file a case against you ?

A Pag ka September 24, 2016 mga 8:00 P.M sa gabii gikan ko sa


Mandaue. Pag abot nako wa ko kabalo na gikan diay nag lalis si
Archie akong live in partner ug si Yolly nilabay ko sa ilang kilid ,
iya dayon ko gipa dungog na “ ikaw sad apil , apilon, landi , bati
ug nawong, burikat kay di daw mi kasal , naay anak sa laing laki.

T On Septemeber 24 at around 8:00 P.M in the evening, I arrived


from Mandaue. I did not know that Archie – my live in partner
and Yolly had an argument. I passed on their side and Yolly said
,you too like to intervene on this issue , “landi” ugly face,
prostitute living in with Archie without the benefit of marriage,
has a child with another man .

7. Q What happened then, If any?

A Ni ingon ko niya basig ikaw , kanang imong anak naa man sad
na ka live-in wa man na makasal landi sad diay na. Kami bisag di
mi kasal nag tarong man sad mi sa among kaminyoon. Ikaw nuon
bagag nawng way bayad bayad.

8. T It could be you, your child also has a live in partner, she could be
“ landi” too because she is not also married to the one she is living
with . Even if we are not married, we are living faithfully as
husband and wife.
It’s you thick face, not paying rent.
I am executing this Judicial Affidavit to attest the truth of the foregoing. I reserve
my right to supplement my testimony when needed.

Cheryl Eturma
Affiant

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