Republic of the Philippines

Eight Judicial Region

REGIONAL TRIAL COURT
Branch _33_
Tacloban City

MR. CADORO SWAPANG, Civil Case No. R-TAC-20-0220-CV

Plaintiff FOR: COLLECTION FOR A SUM
OF MONEY WITH DAMAGES
- ver sus –

MR. PAGURO NAGKURI,

Defendants
X------------------------X

JUDICIAL AFFIDAVIT OF ALERTO BANTAYAN

I, ALERTO BANTAYAN, 30 years old, single, Brgy. Harayo CCTV operator, residing at 1
Bantay Sarado Street, Brgy. Harayo, Tacloban City, after having been sworn to in accordance with
the law do hereby depose and state:

That Atty. Juanilito Gwapito Suave is the counsel who conducted and supervised my
examination as a witness at his office at Del Suma ReAl EsPaSol BaY Law Offices, Brgy.
Makurimakit-an, Tacloban City, Philippines; 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;

PURPOSE: This affidavit / testimony of witness, ALERTO BANTAYAN, is being offered to prove
that the defendant, PAGURO NAGKURI did not appear on the residence of CADORO SWAPANG
to pay the loan, as CCTV was reviewed for the whole day and no certain PAGURO NAGKURI
appeared at the exact place where payment is alleged to happen;

Q1: Do you swear to tell the truth and nothing but the truth?
A1: Yes Atty.

Q2: Please state your name and other personal circumstances for the record.
A2: ALERTO BANTAYAN, 30 years old, single, Brgy. Harayo CCTV operator, residing at 1
Bantay Sarado Street, Brgy. Harayo, Tacloban City

Q3: Do you personally know the plaintiff?

A3: Yes Sir, kuya SWAPANG was a good resident of our barangay and he has no derogatory
record in our community.

Q4: Where were you exactly on December 1, 2020?

A4: I was told by our Kap Makarit to be the CCTV operator and be responsible to maintain
surveillance in all corners of Brgy. Harayo on that day.

Q5: Do you know the reason why you were allowed to testify here?
Q5: Yes Atty. I heard that Kuya Swapang was not being paid by Paguro and as a good man
in our barangay I wanted to help kuya Cadoro because I do not want him to suffer and lose
money because of Paguro’s not payment of debt, who is known not to pay his debt. “Dapat
ang utang binabayaran!”

Q6: Do you have any idea of the loan that was secured on February 2019?
A6: Yes Atty. While I was eating in Aling Nena’s Carinderia, I saw Paguro, Kitaa and Cadoro
walking along the street and I heard Paguro said, “Huwag ka mag-alala pare, lalago ang
Negosyo ko at sigurado mababayaran kita, huwag ka mag alala huh, kasi Mabuti akong tao,
HAHAHA!”, I heard him, because his voice was so loud.

Q8: Did you really check the streets and operate the CCTV on December 1, 2020?
A8: Yes Sir, however as you all know because the number of the streets, there are instances
that you will not be able to see them all at the same time, however if there are unscrupulous
or suspicious event I will be able to know it, because I’ve been doing this since I was 18 sir.

Q9: Did you see Paguro arrived and handed the loan money in Swapang’s residence on the
same day?
A9: No Sir, I haven’t seen Paguro, and after a few months, Kuya Swapang asked me if
Paguro arrived in his house, he asked me if I can review the CCTV footage on December 1,
2020. He went to visit our Brgy. And he said, “Alerto! Pwede mob a akong tulungan ma
review and CCTV noong December 1, 2020, kasi sabi ni PAGURO eh nagbayad na daw siya
inihatid niya daw ang pera sa bahay naming, eh wala naman, saka mga tao sa bahay walang
sinabi. Sabi ko, “Sige kuya walang problema.”

Q10: What happened after this?

A10: We reviewed the CCTV footage at exactly in the street and at the front of the residence
of Kuya Swapang, and we haven’t seen any person arrived aside from their families, we
reviewed the footage from 12:00 am of December 1, 2020 to 12:00 am of December 2,
2020 and we haven’t seen Paguro.

Q11: Did you know the defendant, Paguro?

A11: Yes sir, he was known in our town as arrogant and many people hate him because of
his attitude.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 5th day of March 2021 at
Tacloban City, Philippines.

ABantayan
Alerto Bantayan
Affiant
 SUBSCRIBED AND SWORN to before me, a notary public of Tacloban City on
this 12th day of March 2021, affiant personally came and appeared before me, exhibiting
his UMID ID No. 9999888 issued on April 15, 2010 at Tacloban City, known to me and
avowed under penalty of law to the whole truth of the contents of said instrument.

Juanilito Gwapito
Suave
ATTY. JUANILITO GWAPITO SUAVE
Counsel for Petitioner
Del Suma ReAl EsPaSol BaY Law Office,
Brgy. Makurimakit-an, Tacloban City
Roll of Attorneys No. 4162024
PTR NO. 14162024, 04/16/24, Tacloban City
IBP NO. 987654, 04/06/24, Tacloban City
MCLE Comp. No. VIII-000232024, 04/25/24