REPUBLIC OF THE PHILIPPINES

7th Judicial Region

MUNICIPAL TRIAL COURT
Cebu City
BRANCH _________

XXXX,
Complainant,

- versus - Crim. Case No. xxxxx

For: THEFT

XXXX,
Resondents.
x---------------------------------------x

JUDICIAL AFFIDAVIT OF COMPLAINANT XXXX

This Judicial Affidavit of XXXX is executed to take the place of her direct
testimony in the instant case.

This Judicial Affidavit is being offered to prove:

A. All the allegations in the Petition including all annexes appended thereto and which
were already marked as exhibits during the Pre-Trial of this case;

B. All other related matters, facts and circumstances relevant and material to this
case.

PRELIMINARY STATEMENT

The witness for the prosecution is XXXX, 53 years old, single, with residence
address at Unit 123, Tala Condominium, Cebu City, a Bank Teller at X Bank – Cebu
Branch in Osmena Boulevard, Cebu City and complainant in this case.

The lawyer conducting the examination is ATTY. XXXXX with office address at
XXXXX & Associates Law Office at Unit No. 18 Ferrer & Sons Bldg, XXX, Cebu City.
The examination is being held at the same address.

OFFER OF TESTIMONY

The testimony of the witness XXXX is being offered to establish the links
surrounding the event which gave rise to the filing of a criminal charge for Theft against
the defendant, XXX by the complainant-witness herself.

JUDICIAL AFFIDAVIT PROPER

I, XXXX, 53 years old, single, Filipino, and residing at Unit 123, Tala Condominium,
Cebu City, a Bank Teller at X Bank – Cebu Branch in Osmena Boulevard, Cebu City,
and complainant of this case, have agreed with the counsel conducting the examination
that the language used during the conduct shall be in the Visayan dialect for my
convenience and clarity. I am answering the questions fully conscious that I do so under
oath and may face criminal liability for false testimony and perjury for false statements
made or given by me.

1. Q: Why are you testifying in this case?

A: I am the complainant in the criminal case for Theft subject of this examination.

2. Q: When and where did this alleged theft take place?

A: Around 7pm on January 24, 2020, at the corner of A and B streets, I was on my
way home from work.

3. Q: Can you describe the area?

A: I did not notice anyone in the area, as it is not usually a crowded neighborhood.

4. Q: What were you doing then?

A: I was using my cellphone while walking, then a motorcycle with one person
stopped beside me.

5. Q: What happened next?

A: He asked if I knew where C street was to distract me and he suddenly grabbed
my necklace and took my phone, then left a short distance before looking back
again.

6. Q: Why did he look back?

A: To check if there is anything left to steal.

7. Q: Was he able to steal more things?

A: No, as a tricycle approached, so he sped away.

8. Q: What did you do after?

A: I asked the tricycle driver if he could go after the motorcycle, but he was not
able to do so. Then I went to the Police Station to report the incident.

9. Q: How were you able to identify the accused?

A: I had a good look at the robbers' face when he looked back at me before
speeding away and also because he was not wearing any helmet at that time.

10. Q: What documents do you wish to submit to the Court?

A: I hereby introduce for marking purposes, the following exhibits which were
already attached to the complaint as Annexes thereof, to wit:
Annex “A” – police blotter report filed in the Police Station of Cebu City;
Annex “B” – the Italian Silver necklace taken from the person of the accused;
and
Annex “C” – a Samsung A7 model phone taken from the person of the
accused.

11. Q: Anything else?

A: I hereby adopt into this judicial affidavit, by incorporation and reference, all the
allegations and arguments contained in the Complaint and all the supporting
documents annexed thereto, the same to form part and parcel herereof.

Nothing Follows.

City of Cebu, February 25, 2020.

XXXX
Signature of Complainant
 over Printed Name

SUBSCRIBED AND SWORN to before me this 25th day of February 2020 in the
City of Cebu, complainant exhibiting to me her Passport bearing No. 12345 issued on
8/9/18 and expiring on 8/8/23.

NOTARY PUBLIC
(copy-paste lang sa previous nga assignments hehe)
Xxxxx
Xxxxxx
Xxxxxx
xxxxxx

Doc No. ________;

Page No. _______ ;
Book No. _______;
Series of ________.

SWORN ATTESTATION
The undersigned ATTY. XXXXX (examining lawyer), with law office address at
XXXXX & Associates Law Office at Unit No. 18 Ferrer & Sons Bldg, XXX, Cebu City,
under oath, depose and state:
1. He is the legal counsel for the complainant in the above-entitled case;
2. He faithfully recorded the questions he asked and the corresponding answers
given by the above-named witness;
3. Neither he nor any person then present or assisting him coached the witness
regarding the latter’s answers; and
4. He conducted the examination of the witness at his law office as stated.

Cebu City, February 25, 2020.

ATTY. XXXXX
Affiant

SUBSCRIBED AND SWORN to before me this 25th day of February 2020, at Cebu
City, Affiant exhibiting to her competent proof of identity, to wit: SSS Member ID No. xxx.

NOTARY PUBLIC
(copy-paste lang gihapon Gil hehe)
Xxxxx
Xxxxxx
Xxxxxx
xxxxxx
Doc No. ________;
Page No. _______ ;
Book No. _______;
Series of ________.
Copy Furnished:

Copy Furnished:

Counsel for Defendant, XXX

(copy lang sa lain assignment kadto nay copy furnished nga part Gill, kalimot ko sa
unsa na assignment) – murag no. 2 or 4

EXPLANATION

A copy of this Judicial Affidavit, with the object and documentary evidence
attached, are served on the Court and the Counsel for the Defendant, XXXof Cebu City
by personal service done on February 26, 2020.