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REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION


METROPOLITAN TRIAL COURT
BRANCH 55, MANDALUYONG CITY

PEOPLE OF THE PHILIPPINES,


Plaintiff,

Criminal Case No: CRM-NO 0987


For: Slight Physical Injury

-versus-

MOCHA BALISONG,
Accused.

x---------------------------------------x

JUDICIAL AFFIDAVIT

I, MOCHA BALISONG, Filipino, of legal age, single, with address


at 3605 Chico St., Phase III, Don Ramon Subdivision, Mandaluyong City,
after having duly sworn in accordance with law do hereby depose and say:

ATTY. SAMUEL LEANO: I respectfully manifest that this examination is


being conducted in the Huevos & Leano Law Office, Mandaluyong City.

The testimony of the witness is being offered in order to prove the following:

1. That Mocha Balisong was charged by Pedro Trillanos for Slight Physical
Injuries.

2. That the defendant went to complainant’s home on August 30, 2018;

3. That the defendant did not inflict any physical injuries against the private
complainant;

4. That the complainant indeed did not suffer any physical injuries inflicted
by the defendant;

5. That the private complainant has no cause of action against the defendant;

The witness will identify pertinent documents in the course of the testimony.
ATTY. LEANO: With the kind permission of the Honorable Court.

1. (Q) Ms. Witness, why are you here now?

(A) To give a sworn statement to constitute as testimony, in


the above-captioned case

3. (Q) In what language do you want this examination to be


conducted?

(A) In English

4. (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?

(A) Yes.

5. (Q) Let us now proceed. I am showing to you a document herein


attached as Annex “1”, and appears to be a counter affidavit, and on
the last part is a signature. What can you say about this document and
the signature?

(A) That is the Counter-Affidavit I filed, and my signature affixed in


the Complaint.

6. (Q) Why did you file this Counter-Affidavit?

(A) To disprove the claims by the private complainant against me.

7. (Q) And who is this private complainant?

(A) Pedro Trillanos

8. (Q) Are you related by consanguinity or affinity to this Pedro


Trillanos?

(A) No.

9. (Q) In any way, do you personally know this Pedro Trillanos?

(A) Yes.
10. (Q) How did you know this person?

(A) He’s my neighbor and I borrowed money from him.

11. (Q) When did you borrow the said money?

(A) July 1, 2018.

12. (Q) How much did you owe him?

(A) One Hundred Fifty Thousand Pesos (P150,000.00)

13. (Q) And when was the due date of the said loan of money?

(A) August 30, 2018.

14. (Q) Are there any terms or stipulations between you and Pedro
Trillanos in granting the said loan of money?

(A) Yes. It was agreed by the parties that the debt is payable in lump
sum on August 30, 2018 with 20% interest.

15. (Q) Do you pay the said loan including the interest on due date, that
is on August 30, 2018?

(A) No, because I still in need of money.

16. (Q) So what happened on August 30, 2018?

(A) I went to Pedro Trillanos’ house to speak with him.

17. (Q) Do you remember at around what time on that date did you go to
his house and tried to speak with him?

(A) That was on August 30, 2018 around 10 o’clock in the morning.
18. (Q) Now, were you alone at that time when you went to Pedro
Trillanos’ house?

(A) No.

19. (Q) And who are you with?

(A) I was with my friend Jasmine Cruz.

20. (Q) Was Pedro Trillanos doing anything when you arrived at his
house?

(A) Yes. He was having breakfast then together with his wife.

21. (Q) Now, when you arrived at his house and requested to speak with
him, what happened next if there is any?

(A) He invited me in his living room and from there, we started our
conversation regarding the settlement of my debt.

22. (Q) In the living room, is there anyone else with you aside from Pedro
Trillanos?

(A) Yes. I was with my friend Jasmine Cruz.

23. (Q) At any rate, why did you bring Jasmine Cruz with you?

(A) She will serve as my guarantor of my debt.

24. (Q) You said that you were having a conversation with Pedro
Trillanos. What was the conversation all about?

(A) I was supposed to request for a grace period to settle my loan. In


lieu of that, my friend Jasmine Cruz will serve as a guarantor that in
case that I failed to pay on the extended period, Pedro Trillanos can
foreclose the Toyota Fortuner owned by my friend.

25. (Q) Did he accept your offer?

(A) No.
26. (Q) So what happened next?

(A) Pedro Trillanos suddenly showed arrogance and rude behavior


and saying to me “Putang-ina mo, ang lakas ng loob mong
mangutang. Pagdating ng bayaran wala kang maibayad;”

27. (Q) When he became arrogant and rude, what happened next if there
is any?

(A) I just remained calm and silent. Despite his rudeness and
arrogance, I and Jasmine Cruz respond it with kindness and showed
respect and courtesy to him.

28. (Q) What happened next?

(A) Pedro Trillanos continued to show his arrogance. Realizing that


the conversation will be useless, we decided to leave his house and
went back home.

29. (Q) Is there any witness that will corroborate your testimony?

(A) Yes.

30. (Q) And who is this witness?

(A) Ms. Jasmine Cruz

31. (Q) Will she testify before this court in your favor?

(A) Yes.

32. (Q) In a complaint-affidavit of Pedro Trillanos, it says that during the


conversation, you inflicted injuries against him using a bolo, is that
true?

(A) No.

33. (Q) In a medico-legal presented by Pedro Trillanos, it showed that he


suffered injuries. Do you have any idea who inflicted the injury
against the private complainant?
(A) Yes.

34. (Q) And who is this person?

(A) Rudy Sodirty.

35. (Q) Do you have any proof that will show that this person Rudy
Sodirty and not you inflicted the injuries suffered by the private
complainant?

(A) Yes.

36. (Q) And what is this documentary evidence?

(A) The incident report on August 31, 2018 as reported in the


Barangay Greenhills, Mandaluyong City duly signed by the
Barangay Captain Leni Lobredo.

37. (Q) And what is this incident report all about?

(A) On August 31, 2018, the private complainant Pedro Trillanos got
into fight with Rudy Sodirty, both were drunk and looked so wasted,
and sustained physical injuries as a consequence thereof.

38. (Q) Now, I am showing to you a document herein attached as Annex


“2”, and purports to be an Incident Report, what can you say about
this document??

(A) That is the incident report I secured from the Barangay


Greenhills.

39. (Q) Is this incident report relevant to your case?

(A) Yes.

40. (Q) On what way?

(A) To prove that I did not inflict any injury to the private
complainant.
41. (Q) Aside from this incident report, is there any evidence that will
prove your claim?

(A) Yes.

42. (Q) And what is this?

(A) The testimony of Rudy Sodirty;

43. (Q) Will he testify before this court to corroborate your claim?

(A) Yes. He is one of my witnesses in this case.

ATTY. LEANO: That will be all for the witness.

That this affidavit is being executed to attest to the truthfulness and


veracity of the foregoing facts which are based on my personal knowledge
and belief.

IN WITNESS WHEREOF, I have hereunto affix my signature this 29th day


of November, in Mandaluyong City

MOCHA BALISONG
Witness

SUBSCRIBED AND SWORN to before me this 29th day of


November, 2018 in Mandaluyong, affiant exhibited his drivers license No.
67890 issued on January 9, 2018, in Manila. Further, I certify that I personally
examined the herein affiant that he voluntarily executed and fully understood
his statements.

Notary Public:

JOTHAM FUNCLARA
10 C, Legazpi Village, Makati
Commission No. JKBNo19-116
Notary Public for Pasig City until December 31, 2018
Roll No. 123456
IBP Roll No. 1234567, 01/05/18, Makati
PTR NO. 12345678, 01/05/18, Makati
MCLE IV, 234567, 05/25/18
jothammy@gmail.com

Doc. No. 1;
Page No. 2;
Book No. 3;
Series of 2018.

ATTESTATION OF LEGAL COUNSEL

I, SAMUEL C. LEANO, JR., of legal age, Filipino, with office at Huevos &
Leano Law Office, Mandaluyong City, after having been sworn to in
accordance with the law do hereby depose and say:

1. That I have faithfully recorded or caused to be recorded the questions


I asked and the corresponding answers that witness, Mocha Balisong,
gave;

2. That I have not, nor any other person present or assisting coached the
witness regarding the witness’ answers; and

3. That I fully understand that any false attestation shall subject me to


disciplinary action, including disbarment.

IN WITNESS WHEREOF, I have hereunto affixed my signature this


29th day of November, in Mandaluyong City.

Counsel for the Accused