REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT NATIONAL

CAPITAL JUDICIAL REGION QUEZON CITY, BRANCH 103

PEOPLE OF THE PHILIPPINES,

Plaintiff,

-versus

GIANNO BATONGBAKAL A.K.A. “MANONG” “MANONG G”, 39 years old, married,

Businessman, Provincial Address at 16 Tukuran Rd. Sultan Naga Dimaporo, Lanao del Norte,
and Presently residing at 75 Sulu St., New Era, Quezon City

(UNDER ARREST/DETAINED AT QCPD/ QC JAIL QCPD, District Special Operation Unit,

Camp P/M Gen. Tomas B. Karingal, Sikatuna Village, Quezon City,

Accused.

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CRIM CASE NO. XV-04-INQ 182- 16411 For: Violation of Section 3, P.D. 1866, as
amended by R.A. 9516

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JUDICIAL AFFIDAVIT OF ESTELITA Y. MENDOZA

(Pursuant to SC A.M. No. 12-8-8-SC)

I, Estelita Y. Mendoza, 30 years old, married, cashier and resident of Brgy. Culiat
Quezon City, witness in this case, state under oath as follows:

That the counsel who conducted my examination as a witness is Atty. Belinda Coronadal
at Coronadal Law Office, Unit 7, Diamond Tower, Cubao, Quezon City.

That I answered the questions asked of me with full understanding and fully conscious
that I do so under oath and may face criminal liability for false testimony or perjury.

Purpose: This affidavit/testimony of Estelita Y. Mendoza is being offered to specifically deny

the material allegations in the complaint and to prove that Gianno Batongbakal a.k.a. “Manong
G” does not illegally possess the Grenade Rifle BT M-76B-AVA0055- 84 mentioned in the
complaint.

1. Q: Do you swear to tell the truth and nothing but the truth?
A: Yes Attorney.
2. Q: Please state your name and other personal circumstances?
A: I am Estelita Y. Mendoza, 30 years old, married, cashier and resident of Brgy. Culiat Quezon
City.

3. Q: What is the reason for your presence here today?

A: I want to give my sworn statement by way of judicial affidavit that will constitute my direct
testimony regarding the above-entitled case.

4. Q: For the record, please state the name of the lawyer who conducted your examination and
the place where it was held?
A: The lawyer who conducted my examination was Atty. Belinda Coronadal at Coronadal
Law Office, Unit 7, Diamond Tower, Cubao, Quezon City.

5. Q: In what language do you want your examination to be conducted?

A: I want it to be conducted in English.

6. Q: Do you undertake to answer the questions that I will ask you, fully conscious that you will
do so under oath, and that you may be liable of criminal liability for false testimony or perjury?
A: Yes.

7. Q: Let us now proceed to the Complaint. Do you know the defendant?

A: Yes.

8. Q: Why do you know the defendant?

A: Mr. Gianno Batongbakal a.k.a Manong G owns the hardware store beside the pharmacy
where I was working as a cashier.

9. Q: Does the defendant illegally possess a Grenade Rifle BT M-76B-AVA0055- 84?

A: No Attorney.

10. Q: What was Mr. Gianno Batongbakal carrying when he was arrested?
A: He was carrying the bag which contained the firearm.

11. Q: Does the firearm belong to him?

A: No Attorney. He just found it in front of his hardware store,

12. Q: Why was he carrying the bag which contained the firearm when the police arrested him?
A: On January 27, 2020, at 8:30 in the morning, Mr. Batongbakal was about to open his
store. While I was inside the pharmacy beside his hardware shop I saw him from the outside. I
wondered why he was still not opening his hardware store and he looked confused so I went
outside and asked him. He told me that he was wondering who left the bag in front of his
hardware shop. He said that he was contemplating whether he would open it or not because he
was worried what is its contents. He even joked that he was worried because it might contain a
bomb. He told me that he will report the said bag to the police station, but suddenly he moved
the bag aside to hurriedly open his hardware store because their store phone rang. I went inside
the pharmacy after Mr. Batongbakal went inside his hardware shop. A few minutes later, I saw
him inspect the contents of the bag. He was surprised when he was able to pull a firearm which is
the Grenade Rifle BT M-76B-AVA0055-84 stated in the complaint. He immediately put the
firearm back in the bag as he was surprised to find out its contents. Contrary to what the police
officers are saying, he was not swinging it he was just carrying the bag which contained the
firearm. Afterwards, three (3) police officers approached him with their guns pointed at him and
ordered him raised his hands which caused him to drop the bag which contained the firearm. Due
to the commotion, I rushed outside the pharmacy to clearly witness what was happening. The
police officers asked Mr. Batongbakal if he has an authority to possess the firearm and Mr.
Batongbakal responded, “Wala ho, di po kase sa akin ito sir, may nakaiwan lang ditto sa tapat ng
tindahan.” I wanted to tell the police at that time that Mr. Batongbakal was telling the truth that
he doesn’t have any idea who left the bag which contained the firearm and he doesn’t that it
contained firearm but I got scared to be involved that time. The police officers later on arrested
Mr. Batongbakal. Now I am relating what really happened because I don’t want an innocent
person to be imprisoned for a crime that he did not commit.

13. Q: What additional proof do you know that can prove the innocence of Mr.Batongbakal?
A: There is a CCTV installed outside the pharmacy. It contains the video of what transpired
that day.

14. Q: Finally, do you know why you are executing the foregoing statement in this case?
A: Yes, I am executing this sworn statement to serve as my direct examination in this case
and to prove the innocence of Mr.Gianno Batongbakal, the defendant in this case.

IN WITNESS WHEREOF, I have hereunto affixed my signature on this 29th day of July 2020
at Quezon City, Philippines.

ESTRELITA Y. MENDOZA
Affiant

ATTESTATION

I hereby attest that on this 29th day of July 2020, I have personally examined the witness
ESTRELITA Y. MENDOZA, and that I have faithfully recorded the questions I asked her as
well as her corresponding answers. I further attest that I as well as any other persons herein
present did not coach her in her answers during the direct examination.

Quezon City, Philippines, July 29, 2020

ATTY. BELINDA CORONADAL

Lawyer-affiant
Counsel for Defendant
Coronadal Law Office, Unit 7,
Diamond Tower, Cubao, Quezon
City
Contact No. 9865377
 Roll No. 04072018
P.T.R. No. A-08100651-9/3-2-2018
Quezon City

Subscribed and sworn to before me this 29th of July 2020 in Quezon City. The affiants
exhibited to me their identification cards bearing their photograph and signature as follows:

Name Issued by/ID No.

ESTRELITA Y. MENDOZ TIN ID-123-890-876
ATTY. BELINDA CORONADAL IBP No.-8756432

Witness my hand and seal on the date and on the place above-written.

ATTY. JANE J. DOE

Notary Public
Until December 31, 2023
Roll No. 12345, TIN. 123-456-789-000
PTR No. 1234567 01/02/2020/Q.C.
IBP Lifetime No. 123456 / 01/02/2020/Q.C.
MCLE COMP V-0012345 01/06/2020
AOM MATTER No. NP-012 (2020-2021)

Doc No.____.
Page No.____.
Book No.____.
Series of 2020-09-30

Copy furnished:

SPO2 RUEL RIGIL, PO4 JUDY NICOMEDES and PO2 JEFFREY AGBAYANI
QCPD, District Special Operation Unit, Camp P/M Gen. Tomas B. Karingal, Sikatuna Village,
Quezon City.

THE BRANCH CLERK OF COURT

Regional Trial Court National Capital Judicial Region
Quezon City, Branch 103

THE HONORABLE ASSISTANT CITY PROSECUTOR

Office of the City Prosecutor
Hall of Justice, Quezon City

By registered mail.