REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
BRANCH 231, VALUENZUELA CITY

MANANTAL COOPERATIVE,
Plaintiff,

CRIM. CASE NO. R-PSY-12-05411-CR

- versus - For : Viol. of Sec. 11, ART. II, R. A. 9165

ROBERTO GOMEZ,

Accused.
X- - - - - - - - - - - - - - - - - - - - - - - - -X

JUDICIAL AFFIDAVIT

I, ROBERTO GOMEZ, Filipino, of legal age, residing at

Manggahan, Merville, VALENZUELA CITY, after having been duly
sworn to in accordance with law, do hereby depose and say: That I
am currently employed as a delivery boy at SM appliance, Lipa
Batangas; the Accused in this case; That the lawyer who conducted
the examination is Atty. Phillip M. Torres, residing at No. 775 Noli
Street Malate Manila, at his office located at Room 401 Hall of Justice,
F. B. Harrison St., Pasay City; That I am fully aware that I executed
this Affidavit under oath and that I may face criminal liability for
false testimony of perjury in case of falsehood.

1. Q- What is your participation in the instant case?

A- I am the accused.

2. Q- Do you remember any untoward incident that happened

last July 11, 2012 at around 3:30 in the afternoon?

A- Yes.

3. Q- What happened during the said date and time?

A- I was at home and I just woke. I was right at the door and
was sitting down.

4. Q- What happened next, if any?

A- After a while, two (2) men suddenly approached me.

5. Q- Can you describe with particularity these two men who
approached you Mister Witness?

A- They are two tall male individuals, in civilian clothes and

armed with a gun which I saw at their side.

6. Q- What happened next, if any?

A- Those two men suddenly approached me and asked me if

I am Arthur.

7. Q- What was your reply if any Mr. Witness?

A- I answered “Opo, ako nga po! Bakit po?”

8. Q- What happened next, if any Mister Witness?

A- When I turned my head at the side I was surprised to see

several male individuals now with those two men who
initially approached me.

9. Q- What happened next, if any?

A- Thereafter, I heard a voice which said “Doon ka na sa

Barangay magpaliwanag.”

10. Q- What happened next, if any?

A- One of them ordered me to stand up and face the wall.

Then they handcuffed me and frisked me. Hence, I asked
“ano po ba ang kasalanan ko?”

11. Q- What happened next, if any Mister Witness?

A- I heard a voice behind me which said “Matagal ka na

naming pinaghahanap.”

12. Q- What happened next, if any?

A- I answered and I said “Bakit po? Ano po ang ginawa ko?”

Then a man answered and said “Sumama ka na lang ng
maayos kung ayaw mo masaktan.” Thereafter, I was
brought at the SAID police station.

13. Q- At the police station, what happened next if any?

 A- At the police station, I was detained. Thereafter, one
police officer approached me and told me to just give
Php100,000.00 to settle the case against me and for my
immediate release.

14. Q- What happened next, if any?

A- I told him that I do not have such a huge amount of

money. And I don’t have to give such a huge amount since I
did not do anything illegal.

15. Q- What happened next, if any Mr. Witness?

A- Thereafter, the man showed me a wallet then threw the

same at me. He ordered me to pick up the same and open it.
The man then said that the wallet was recovered from my
house, which is not true.

16. Q- What happened next, if any?

A- I told them that it is not true because they did not enter
my house and that I do not have a wallet like this. Then, the
man shouted and said “magbigay ka na kung hindi
tutuluyan ka namin, kakasuhan ka namin”

17. Nothing further.

IN WITNESS WHEREOF, I have hereunto affixed my signature

hereunder.

Pasay City, October 22, 2015.

ARTURO PLANA
Affiant

SUBSCRIBED AND SWORN to before me this 22 nd day of

October 2015 in Pasay City.
 ATTY. MARCOS F. DELA CRUZ, JR.
Public Attorney II
Under R.A. 9406- PAO LAW

SWORN ATTESTATION OF LAWYER

I, ATTY. PHILLIP M. TORRES, execute this sworn statement

that: (a) I conducted or supervised this examination of witness,
ARTURO PLANA; (b) I faithfully recorded or caused to be recorded
the questions I asked and the answers given by the witness; and (c)
Neither I nor any other person present or assisting coached the
witness regarding the answer.

ATTY. PHILLIP M. TORRES

SUBSCRIBED AND SWORN to before me this 22 nd day of

October 2015 in Pasay City.

ATTY. ANTONIO B. MABAZZA

Public Attorney III
Under R.A. 9406
(PAO LAW)

Copy furnished:

HON. MICHAEL A. VITO CRUZ

State Prosecutor
Hall of Justice
F.B. Harrison St., Pasay City