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Republic of the Philippines

DEPARTMENT OF JUSTICE
NATIONAL PROSECUTION SERVICE
OFFICE OF THE HONORABLE CITY PROSECUTOR
Valencia City, Bukidnon

Juana C. Dela Cruz


Complainant,
NPS DOCKET NO. X-01-INV-43-B-
-versus- 00142
For: Theft
Pedro E. Batongbakal,
Respondent
X -------------------------------------------X

Republic of the Philippines )


CITY OF MALAYBALAY ) S.S.

JUDICIAL-AFFIDAVIT
I, JUANA C. DELA CRUZ, 29 years old, born on 21 August 1989, single, male,
employed as a College Instructor at Central Mindanao University, after having been
duly sworn to in accordance with law, hereby depose and state:
PRELIMINARY STATEMENT
That in accordance with A.M. No. 12-8-8-SC, which prescribes the use of
judicial affidavits to serve as the direct examination testimony of the witness, on
the basis of which the adverse party may conduct their cross-examination on such
witness, I hereby execute this judicial affidavit in a question and answer format;
That conformably with Section 3 (b) of the said A.M. No. 12-8-8-SC, I also
state that it was SPO2 MARCELO P. FERNAN, investigator of Kalasag Police Station,
Valencia City, who conducted the examination of the undersigned affiant;
That conformably also with Section 3 (c) thereof, I hereby state under the
pain of perjury that in answering the questions asked of me, as appearing herein
below, I am fully conscious that I did so under oath, and that I may face criminal
liabilities for false testimony or perjury;

AND UNDER OATH, AVERS THE FOLLOWING:


[Complaint/Information against Pedro E. Batongbakal for Theft]
1. Q: What is/are the reason/s why you voluntarily came to this office?

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A: I want to file a complaint against my roommate for theft.
2. Q: What is the name of this roommate that you are accusing of theft and what
are his personal circumstances?
A: His name is PEDRO E. BATONGBAKAL a.k.a “Papa P”, single, male, 25 years of
age and a resident of 124 Ebony Street, Purok 5A, Barangay Lumbo, Valencia City,
Bukidnon.
3. Q: What is your relationship with Mr. Batongbakal?
A: We used to be lovers, but we broke up a couple of weeks ago.
4. Q: Why did you break up with him?
A: I found out that he was cheating on me with his coworker.
5. Q: If you already broke up with him, why did you still remain in the same boarding
house?
A: I am short of cash. I was planning to transfer this coming February after I
receive my bonus.
6. Q: When did this theft happen and around what time?
A: Last week, January 11, 2019 at around 9 o’clock in the evening.
7. Q: Where did this happen?
A: In our boarding house in 123 Ebony Street, Lumbo, Valencia City.
8. Q: Can you tell us what you were doing at that time prior to the incident?
A: I was watching TV in the sala of our boarding house.
9. Q: Where were the other boarders of the house and the landlord?
A: I was alone at that time because our other two (2) roommates were out of
town and our landlord is living in another it house, shortly distant from our
boarding house.
10. Q: How did it happen?
A: While I was watching TV, Pedro came into the house and was visibly drunk.
I did not took notice of him because we were still not in speaking terms. Then he
proceeded to the room and I heard some noise inside. When he came out of the
room, maybe around 10 minutes later, he was already carrying his backpack and
went outside the house.
11. Q: What did you do at this point?
A: I immediately checked the room and found out that some of his clothes
were missing. It is also when I noticed that my wallet, containing around three
thousand pesos (P 3,000.00), was gone.

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12. Q: Will you describe your wallet and its contents?
A: It’s a two-fold brown leather wallet, rectangular in shape. It contained
various government-issued ID’s, ATM cards and credit cards, and peso bills
amounting to more or less P 3,000.00.
13. Q: For the meantime, I don’t have further questions. Do you have any statement
to add or take away on this affidavit?
A: I don’t have sir, for the meantime.
14. Q: Were you threatened, promised or bribed to do this confession?
A: No sir. I made this voluntarily with my own free will.
15. Q: Are you willing to sign this affidavit consisting of five (5) pages, to certify that
all the statements you made are true?
A: Yes sir.
WHEREFORE, it is respectfully prayed that the defendant be indicted for
Theft under the REVISED PENAL CODE and/or such other penal laws as may be
justified/warranted by the facts of this case.
FURTHER, the herein Complainant pray for such and other reliefs as may be
deemed just and equitable in the premises.
Valencia City, 17th of January 2019.

-----------------------END OF STATEMENT -------------------------

COMPLAINANT’S OATH AND ATTESTATION

I, Juana C. Dela Cruz, Filipino, of legal capacity and competence to


comprehend without any vice of consent, hereby attest to have voluntarily and
truthfully made the answers to the foregoing questions.
IN WITNESS WHEREOF, I hereunto set my hand below this 18th day of
January, 2019 at Valencia City, Bukidnon, Philippines.

(SGD.) JUANA A. DELA CRUZ


Complainant

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ATTESTATION

I, SPO2 MARCELO P. FERNAN, investigator of Kalasag Police Station, City Hall


Compound, Catarata St., Valencia City, Bukidnon, on my oath as the Investigator-
on-Case (IOC), hereby depose and states:

That I have personally conducted the foregoing examination to the witness-


affiant at Kalasag Police Station, City Hall Compound, Catarata St., Valencia City,
Bukidnon;

That I have faithfully recorded the questions asked of her and the
corresponding answers that she gave in response to the questions asked;

Neither I nor any other person/s coached this witness-affiant regarding the
answers given by her.

IN WITNESS WHEREOF, I hereunto set my hand below this 18th day of


January, 2019 at Valencia City, Bukidnon, Philippines.

(SGD.) SPO2 MARCELO P. FERNAN


Investigator

SUBSCRIBED AND SWORN to before me this 18th day of January, 2019 at


Valencia City, Bukidnon. Further, I certify that I personally examined the herein
affiant that she voluntarily executed and fully understood her statements.

JOSE RODEL G. PARACUELLES


City Prosecutor III
Roll of Attorneys No. 85963
Commission Serial No. 9987365
Until December 31, 2025
IBP No. 9666958/01-09-12/BUKIDNON
PTR No. 64332/03-12-17/BUKIDNON
Doc. No. _3_ MCLE Compliance No. 99726543
Page No. _5_ Compliance period up to April 2022
Book No. _8_ Per MCLE Governing Board No. 1, s. 2017
Series of 2019.

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