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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


FOURTH JUDICIAL REGION
Branch 765
Mandaluyong City

MAGDALENA MERCADO,
Complainant.

-versus- CRIMINAL CASE NO. 3214


For Oral Defamation
ANDREA AGUSTIN,
Respondent.

JUDICIAL AFFIDAVIT

I, ANDREA AGUSTIN, Filipino, of legal age, married, with address at No. 55P.
Martinez St. corner Inosente St., Malaya Subdivision, Mandaluyong City, after having
been duly sworn to in accordance with law, do hereby depose and state that:

Counsel: Good morning your honor. We call the witness stand Andrea Agustin. Will
you please state to the Honorable Court your personal circumstances?

Witness: I am Andrea Agustin, of legal age, Filipino, and residing at 55P. Martinez
St. corner Inosente St., Malaya Subdivision, Mandaluyong City.

Purpose: We are offering the testimony of this witness to prove and to show that she
has not uttered statements that constitute oral defamation against the complainant and
to detail the events that actually transpired on November 6, 2018.

Counsel: With the permission of this Honorable Court.

1. Q. Madam Witness, you are the respondent in this case. Is that correct?
A. Yes, Ma’am.

2. Q. Why did you testify in this case?


A. Ma’am, I testified in this case to tell the truth about the fact that led to the
filing of this case.

3. Q. Madam Witness, you said that you have personal knowledge of facts which
led to the filing of oral defamation against you?
A. Yes, Ma’am.

4. Q. And what are those facts which led to the filing of oral defamation against
you?

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A. Ma’am, first of all, I am friends with the complainant, Magdalena Mercado,
and I treat her like my own sister. It is customary for us to borrow and lend
things with each other because of the confidence and trust that we repose on
each other as long-time friends. However, when she was not able to return
the gold diamond ring that I lent her, I persistently asked her to return such
ring. At one point, Magdalena got furious and threatened to sue me because I
never stopped persisting in retrieving my ring.

5. Q. How did you react and when she threatened to sue you?
A. I answered civilly that I just want to get my ring back and for our friendship’s
sake, I said I was willing to give her certain period to return the ring or if she
could not really find it, I was willing to receive reimbursement for the lost
ring.

6. Q. Did the complainant reply to your statement pertaining to the ring?


A. Yes, Ma’am. She said that she will not pay for the ring and angrily dismissed
me.

7. Q. On November 6, 2018, did you utter the words, “PUTA KA!, INA-AHAS MO
ASAWA KO, PALAGI KAYONG NAGLALANDIAN SA ILALIM NG BAHAY
NAMIN” against the complainant publicly?
B. No, Ma’am. What I actually was, “Huy, galling ka sa trabaho? Kailan mo
ibabalik yung pinahiram kong alahas sa yo?”

8. Q. Did anyone hear you say that on November 6, 2018 and who at the same time
could attest to such fact?
A. Yes, Ma’am. The fact is that, when I asked the Complainant about my jewelry,
Clara Ramirez (Clara, for brevity) heard our conversation because the
incident happened near Clara’s Carinderia which Clara owns. Despite the
complainant’s evasive stance against me, I showed respect and was being
cordial with her.

9. Q. What is the cost of the diamond gold ring that you lent to the complainant?
A. I bought if for P450,000.00 last September 2017.

This all for the witness.

(signed)
ANDREA AGUSTIN
Affiant

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SUBSCRIBED AND SWORN TO before me this 15THday of November, 2018 in
the City of`Mandaluyong, affiant having exhibited to me her PRC ID No. 3330021 valid
until 12/23/2019.

NOTARY PUBLIC

Doc. No._____
Page No. ____
Book No. _____
Series of ____

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ATTESTATION CLAUSE

I, MARIA S. ROSALES, of legal age, Filipino, hereby depose and say:

1. That I conducted direct examination upon the person of Andrea Agustin in


relation to the above entitled case in my office at 352 P. Oliveros St. Brgy. San
Isidro, Mandaluyong City.

2. That the facts elicited thereto are true and correct and in consonance with facts
and documentary evidence attached hereto.

3. That herein counsel never couched the witness.

I HEREBY set my hand this 15th day of November 2018 in Mandaluyong City.

(signed)
Atty. Maria Rosales
Lead Counsel for the Defendant

Atty. Nikki Salopaso


Collaborating Counsel for the Defendant

SUBSCRIBED AND SWORN TO before me this 15THday of November, 2018 at


Mandaluyong City, affiant having exhibited to me his TIN No. 200-000-020.

NOTARY PUBLIC

Doc. No._____
Page No. ____
Book No. _____
Series of ____

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