Republic of the Philippines)

Province of Leyte ) S.S.

City of Tacloban )
x-------------------------------------x

JUDICIAL AFFIDAVIT OF WITNESS MARK CHAN

I, MARK CHAN, of legal age, Filipino, single, residing at Tacloban

City, after having been sworn to in accordance with the law, do hereby
depose and say:
That Atty. Alan Abrigo is the counsel who conducted and supervised
my examination at her office at the 5th floor of Roque & Sons Building,
Salazar St. Tacloban City;
That the questions are asked in the English language which I speak
and fully understand; and
That I am answering the questions herein fully conscious that I do so
under oath and that I may be criminally liable for false testimony or perjury.

1. Q: Please state your name and other personal circumstances for the
record.
A: I am MARK CHAN, 30 years old, Filipino, single and a resident of
Tacloban City.

2. Q: Do you swear to tell the truth and nothing but the truth?
A: Yes, attorney.

3. Q: Why are you here in this office?

A: To put into record and to testify against Reynaldo Suarez for the
killing of Andrei Bernardo.

4. Q: Do you know the victim in this case?

A: Yes, attorney.

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5. Q: How do you know him?
A: I have been running my sari-sari store for several years already.
Andrei Bernardo, the victim, is one of my loyal customers. Also, he
lives a few meters away from my store.

Cross examination : Mr Chan, you mentioned that you know the

victim in this case. Can you describe the body built of the victim and
how tall was he?

A: He has a slim body type. He is around approximately 5 ‘3”.

6. Q: How about the respondent in this case, do you know him?

A: Yes, attorney.

7. Q: How do you know him?

A: Reynaldo Suarez is also one of my loyal customers. He always
buys alcoholic drinks and cigarettes.

Cross examination : You mentioned that the accused Reynaldo Suarez

was one of your loyal customers, do you happen to know how tall is
he? ( Is he taller or shorter than the victim?) How about his body
built?

A: Mr. Suarez has a fit body type. He is, by my estimation, around

5’5”. He is a bit taller than Mr. Bernardo.

 Do you happen to know what position if any did the accused

held in your barangay?
 A: As far as I know, he is not involved in politics.
 You also stated that you have been running a sari-sari store,
what is its operating hours?

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  A: We open at 6 in the morning, and close shop at 8 in the
evening.
 During the entire time that the store is open, who mans it? Are
you saying that from opening time to closing time everyday you
are the only one manning the store?
 A: My mother sometimes mans the store, if I have other things
to do.
 By the way Mr Witness, what items do you sell in your store?
 A: Just like your typical sari-sari store. Mostly food such as
canned goods, noodles and bread. We also sell alcoholic
beverages and cigarettes.
 How big is your barangay in terms of population?
 A: I cannot ascertain the exact figures for the population for our
barangay.
 Do you happen to recall what each and every customer of yours
buys in your store? (or are you telling the court that you can
recall each and every item that each customer of yours buys in
your store?)
 A: I can recall mostly the things that customers buy within the
week, since I do my inventory count weekly.
 When you say always, you mean everyday?
 A: By always I mean that he buys cigarettes and alcoholic
drinks every time he goes to my sari-sari store.

8. Q: How often does he buy alcoholic beverages?

A: Very often. He would drink with his friends at least once a week,
sometimes even twice or thrice.
Cross examination: Mr Witness you also mentioned that the accused
and his friends would drink at least once or even twice or thrice a
week. Where do they usually drink?
A: In front of my sari-sari store. I have a couple tables and chairs for
my customers.

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 What alcoholic beverages do they usually drink?
(Na answer ko na ini ha direct examination, redundant na ada kun ig
ask pa dinhi utro)

9. Q: I see. Where were you on October 16 at around 5 PM in the

evening?
A: I was at my sari-sari store.

10. Q: What were you doing there?

A: I was watching TV while attending to customers.

11. Q: Can you tell us what transpired during this time?

A: Yes, attorney. At around 5 PM, Andrea Bernardo came to my shop.
She greeted and asked if she could buy a loaf of bread and a can of
sardines. I stood up from the chair I was sitting at then reached for the
things that she was buying. While I was doing so, I heard the voice of
Mr. Reynaldo. When I looked, I saw that he was grabbing the arms of
Ms. Andrei, and it was as if he was begging for something from her.

Cross examination: Who were the people you saw in your store?
A: From the position where I was sitting, which is inside my sari-sari
store, I did not see any one else other than the Bernardo siblings and
Mr Suarez.

12. Q: So, Mr. Reynaldo was in your sari-sari store too at that time?
A: Yes. He started his drinking spree early today. He started drinking
at around 3 in the afternoon. Unusually though, he was drinking alone
this time. It seems like he was in a really bad mood. I saw him
sobbing.

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Cross examination : Did you bother to ask the accused why he was drinking
alone at that time since you said that it is unusual for the accused to be
drinking alone? At that time, did he finished drinking the Red horse?
A: No, I did not ask him. With regards to your question if he finished
drinking his beer, I cannot answer that because I wasn’t able to check.
At that moment, it was the least of my concern.

13. Q: What was he drinking?

A: Red horse beer.

14. Q: Do you know the alcoholic content of such beverage?

A: Yes, it is 6.8%. It has higher alcoholic content than the other
common beers.

15. Q: I see. And by this time, can you recall how many bottles he already
drank?
A: Probably around 6 or 7 bottles. He was clearly drunk. There were
times when I would hear him scream.

Cross examination : What Red Horse was he drinking , is it the small

bottle or grande . At 5 pm , did he finished drinking the 6 to 7 bottles
of Red horse?
A: The small bottle. I did not check if he finished all the bottles, but I
assume that he will not buy another bottle without finishing his
previous one.

16. Q: I see. After Mr. Reynaldo grabbed Ms. Andrea’s arms, what
happened next?
A: I just observed, because I thought they knew each other. A few
moments after, I heard a male’s voice. He was shouting “ayaw
pagsusugara tak manghud!” I would later figure that the voice was
from Andrea’s brother, Andrei.

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17. Q: And then?
A: Mr. Andrei was clearly angry that the stranger was harassing his
younger sister. He punched Mr. Reynaldo in his face. Mr. Reynaldo
retaliated with a punch of his own. A few moments later, they were
already in the ground strangling each other. I immediately reached for
my mobile phone and called for the police.

18. Q: Were you able to reach them?

A: Yes, I was able to. I told them that a fight was going on in my
store.

19. Q: What happened to Mr. Andrei and Mr. Reynaldo after?

A: Everything happened so fast. I am not really certain as to what
happened next because I was feeling nervous. The next thing I saw
was Mr. Andrei was in the ground and he was no longer moving. Ms.
Andrea was screaming for help. Mr. Reynaldo was on top of Mr.
Andrei, and he was holding a knife. It seems that he was in shock.
There was blood everywhere.

Cross examination ? Did you actually witness the accused stabbed the
victim? What kind of knife did you see? How long was the knife?
What do you think is the motive of the accused in the alleged stabbing
of the victim?

20. Q: What happened after?

A: I noticed that a few people from the neighbourhood started
gathering. They were observing from afar. I stayed a distance away
from Mr. Reynaldo, as I felt that he was dangerous, as he was still
holding a knife. A few moments later, he stood up and ran away.

21. Q: What happened after that?

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 A: All I heard was Ms. Andrea’s voice. She was crying, and she kept
screaming “Ayaw ako pagbaya-a! Kuya! Please, pag mata na!” I
heard the police sirens. I felt heaviness on my heart so I withdrew to
my desk. I was afraid and in shock. The police asked me a few
questions. I told them what just transpired.

22. Q: Do you have any proof that indeed you were able to talk to police
officers?
A: Yes, attorney. I have a copy of the Police Blotter Entry No. 12223.
(Attached to this Judicial Affidavit is a copy of the Police Blotter
Entry No. 12223 marked “Exhibit A”)

23. Q: Is there anything else you’d like to add, Mr. Mark Chan?
A: Nothing more at the moment, attorney.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 20 th

day of October, 2020 in Tacloban City, Leyte, Philippines.

MARK CHAN
Affiant

SUBSCRIBED AND SWORN to before me this 20 th day of October, 2020

in Tacloban City, Leyte, Philippines.

Atty. Alan Abrigo

Notary Public until December 31, 2021
Notarial Commission No. 2020-12-20
5th floor of Roque & Sons Building, Salazar St.
Roll of Attorneys’ No. 32011: 1/1/15
IBP Receipt No. 1222370; 08/06/15; Leyte Chapter
PTR No. 057777; 08/08/15; Tacloban City
MCLE Compliance No. VI – 0003999 valid until
10/12/2021
Doc. No. 32;
Page No. 3;
Book No. II;

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Series of 2020.

ATTESTATION OF LEGAL COUNSEL

I, Atty. Alan Abrigo, 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 thereto of the witness, Mark
Chan ;
2. That I have not, nor any other person present or assisting, coached the
private complainant regarding the latter’s 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 20 th
day of October, 2020 in Tacloban City, Leyte, Philippines.

Atty. Alan Abrigo

Notary Public

SUBSCRIBED AND SWORN to before me this 20th day of October,

2020 in Tacloban City, Leyte, Philippines.

_____________
Prosecutor I
MCLE Compliance No. V – 0003222
Valid until Oct. 05, 2021

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