Republic of the Philippines

REGIONAL TRIAL COURT

5th Judicial Region
Branch 20
Naga City

PEOPLE OF THE PHILIPPINES

Complainant,

- versus - Crim Case No.RTC 11-0530

LEONCIO ESPARCIA JR. Y PLANDES

Accused
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JUDICIAL AFFIDAVIT

I, LEONCIO P. ESPARCIA JR, of legal age, Filipino, widower, a resident

of and with post office address at Block 7 Lot 5, Tierra Nova Royale 2,
Bagum, Kalookan City, am testifying in the above entitled case, and, fully
conscious and aware that I answer the questions propounded under oath
and may thus be held criminally liable for false testimony or perjury, under
oath, hereby deposes and states:

Q1 - Who is the lawyer conducting this examination and please

state the place where this examination is being conducted?
A - Atty. Eloisa Arzy C. Amparo, and the examination is being held
at 2/F DECA Corporate Center, Panganiban Drive, Naga City.

Q2 - In what manner has Atty. Amparo conducted the examination,

as regards the questions asked and the answers you gave?
A - Atty. Amparo has encoded in her laptop computer the
questions she prepared, read them to me, and asked me to answer each
and every question she asks.

Q3 - Is there anyone else present while the examination is being

conducted?
A - None Ma’am.

Q4 - Please state your name and personal circumstances.

A - I am Leoncio P. Esparcia Jr, 59 years old, Filipino, widower, and
is presently residing at Block 7 Lot 5, Tierra Nova Royale 2, Bagum,
Kalookan City.
Q5 - Why are you here today?
A - To testify in the criminal case filed against me by my deceased
spouse, May Francis M. Esparcia for Violation of Republic Act No. 9262 or
otherwise known as Anti Violence Against Women and Their Children Act of
2004

Q6 - When did May Francis die?

A - She died on May 03, 2018.

Q7 - What is the cause of her death?

A - Based on her Certificate of Death, the immediate cause of her
death was sepsis while the underlying cause was brain tumor. As far as I
can recall, as early as in the year 1989, she was already complaining of
severe headache and chest pain so she was asking for additional and more
money to support her medication and doctor consultations. And because I
also want to make sure that she is healthy and fit, I worked double time so
that I can be able to provide more for her and my children.

Q8 - How did you learn of her death?

A - I was informed by my sister, Imelda.

Q9 - What did you do after learning about her death?

A - I immediately asked permission from my employer to go
home, but I was not permitted since I am then on board and in the middle
of the sea. So what I did then was to immediately send Php30,000 as
financial support because I can no longer attend to her wake. Imelda also
gave Php1,000 directly to Minnie M. Magat, who is May’s sister.

Q10 - What did you feel when you learned that your wife died?
A - I felt sad because I cannot pay respect even to her interment
and burial.

Q11 - Why did your deceased spouse, May Francis, file this case
against you?
A - Sometime in 2011, she filed an affidavit-complaint against me
accusing me of that I abandoned her and our children and I do not give any
financial support which caused her and our children great irreparable
emotional and psychological distress.

Q12 - How many children do you have with May Francis?

A - We have three, Ma’am. They are Pearl Ashley, Geofe Nigel and
Leoncio II.

Q13 - How did the two of you met and eventually got married?
A - We were then highschool sweethearts before we got married.
Because I am an overseas seafarer and my contract employment abroad is
usually more than six months, May Francis solely processed our marriage
requirements and to some degree demanded me to marry her even as my
parents do not know then about our marriage.

Q14 - How was your marital relationship with May Francis?

A - Our early years of marriage were all right. I am regularly
sending her money to sustain and provide her needs and that of our
children. While I am in the sea, she stays at home taking care of our
children. When I go home for vacation, I always spend most of my time
with my family to compensate for my long absence. However, May
Francis’s possessive and mistrustful attitude did not change. She
continuously nags and shouts at me in public, even on small things and
when she sees me talk with women, she follows and goes after that woman
and quarrel her unreasonably.

Q15 - How else can you say that May Francis has possessive and
mistrustful attitude?
A - May Francis has always been a jealous wife. When we walk
and stroll in malls, she would always tell me, “Huwag kang titingin sa mga
babae.” (Don’t look at other women.) There was even a time when our
female neighbor asked me to be the godfather of her child, May Francis
immediately and angrily went to the house of our neighbor and warned her
not to invite me at all.

Q16 - What happened when your wife objected to your becoming a

godfather to your neighbor’s child?
A - I decided not to attend the christening, Ma’am, because if I
did, without May’s consent, I am sure that she will cause scandal and again
humiliate me in public. She will certainly follow to the reception and
disgrace me for attending. I do not also want that to happen because,
“wala na ako mukhang ihaharap sa kapitbahay kung sisigaw sigawan lang
ako ni May sa harap nila.” (I will no longer have confidence to face my
neighbors if May will unceasingly shout at me in their presence.)

Q17 - How do you respond to this kind of May Francis’s attitude?

A - I always assure her that she is the only woman in my life, and I
tell her that I am hurt when she shouts and humiliates me in public or when
she goes after women because of irrational jealousy.

Q18 - You were accused of abandonment, without giving any

financial support to May Francis and your three children, what can you say
about this accusation?
A - This is not true. I have been regularly sending money to May,
Pearl, Geofe and Jun-jun. In fact, when May worked in Hongkong and the
three were still small, our children lived with my sister Imelda and I sent the
money to her so that all of my children’s needs at home and in school are
properly given. And when I am lacking, my siblings who are Ramon, Renato,
Roberto and Betty give allowance and/or money to my family, and I will just
reimburse them.

Q19 - Why did she to Hong Kong?

A - She went to Hongkong because she told me that she also want
to have money on her own so that she can buy signature dresses and
jewelries, and, the money she would earn is only for her so I should still
send money to her and our children. She went abroad even though I can
sufficiently finance and support her because for her, the money I sent her
will never be enough.

Q20 - How long did she stay in Hongkong?

A - I cannot remember, but it was only less than five years
because she wanted to transfer to Canada. I even sent her $1,500 because
she told me she urgently need money to buy the airplane ticket to Canada
since her papers for transfer were already processed. But, she never
transferred and she never told me what happened about the $1,500.

Q21 - What evidence do you have to support your claim that you are
regularly sending money to your family?
A - I have copies of the bank transfer slips where I personally
remitted money to May Francis, and some are sent to my son, Geofe and
my siblings, Imelda and Renato.

Q22 - I am showing you the following documents which are found on

Pages 46 to 134 of the Court Records, and which are chronologically
marked as Exhibits “3” to “3-HHH,” are these the bank transfer slips you are
referring to?

Court Exhibit Description Remitter Remittee

Page No.
No.
46 3 PNB Slip Leoncio Esparcia May Francis Esparcia
47 3-A PNB Slip Leoncio Esparcia May Francis Esparcia
48 3-B PNB Slip Leoncio Esparcia May Francis Esparcia
49 3-C PNB Slip Leoncio Esparcia May Francis Esparcia
50 3-D PNB Slip Leoncio Esparcia May Francis Esparcia
51 3-E PNB Slip Leoncio Esparcia May Francis Esparcia
52 3-F PNB Slip Leoncio Esparcia May Francis Esparcia
53 3-G PNB Slip Leoncio Esparcia May Francis Esparcia
54 3-H PNB Slip Leoncio Esparcia May Francis Esparcia
55 3-I PNB Slip Leoncio Esparcia May Francis Esparcia
56 3-J PNB Slip Leoncio Esparcia May Francis Esparcia
57 3-K PNB Slip Leoncio Esparcia May Francis Esparcia
58 3-L PNB Slip Leoncio Esparcia May Francis Esparcia
59 3-M PNB Slip Leoncio Esparcia May Francis Esparcia
60 3-N PNB Slip Leoncio Esparcia May Francis Esparcia
61 3-O PNB Slip Leoncio Esparcia May Francis Esparcia
62 3-P PNB Slip Leoncio Esparcia May Francis Esparcia
63 3-Q PNB Slip Leoncio Esparcia May Francis Esparcia
64 3-R PNB Slip Leoncio Esparcia May Francis Esparcia
65 3-S PNB Slip Leoncio Esparcia May Francis Esparcia
66 3-T PNB Slip Leoncio Esparcia May Francis Esparcia
67 3-U PNB Slip Leoncio Esparcia May Francis Esparcia
68 3-V PNB Slip Leoncio Esparcia May Francis Esparcia
69 3-W PNB Slip Leoncio Esparcia May Francis Esparcia
70 3-X PNB Slip Leoncio Esparcia May Francis Esparcia
71 3-Y PNB Slip Leoncio Esparcia May Francis Esparcia
72 3-Z PNB Slip Leoncio Esparcia May Francis Esparcia
73 3-AA PNB Slip Leoncio Esparcia May Francis Esparcia
74 3-B PNB Slip Leoncio Esparcia May Francis Esparcia
75 3-CC PNB Outgoing Leoncio Esparcia May Francis Esparcia
Telegraphic Transfer
76 3-DD PNB Outgoing Leoncio Esparcia May Francis Esparcia
Telegraphic Transfer
77 3-EE PNB Outgoing Leoncio Esparcia May Francis Esparcia
Telegraphic Transfer
78 3-FF PNB Outgoing Leoncio Esparcia May Francis Esparcia
Telegraphic Transfer
79 3-GG PNB Outgoing Leoncio Esparcia May Francis Esparcia
Telegraphic Transfer
80 3-HH PNB Outgoing Leoncio Esparcia May Francis Esparcia
Telegraphic Transfer
81 3-II PNB Outgoing Leoncio Esparcia May Francis Esparcia
Telegraphic Transfer
82 3-JJ PNB Outgoing Leoncio Esparcia May Francis Esparcia
Telegraphic Transfer
83 3-KK PNB Outgoing Leoncio Esparcia May Francis Esparcia
Telegraphic Transfer
84 3-LL PNB Outgoing Leoncio Esparcia May Francis Esparcia
Telegraphic Transfer
85 3-MM PNB Outgoing Leoncio Esparcia May Francis Esparcia
Telegraphic Transfer
86 3-NN PNB Outgoing Leoncio Esparcia May Francis Esparcia
Telegraphic Transfer
87 3-OO PNB Outgoing Leoncio Esparcia May Francis Esparcia
Telegraphic Transfer
88 3-PP PNB Outgoing Leoncio Esparcia May Francis Esparcia
Telegraphic Transfer
89 3-QQ PNB Outgoing Leoncio Esparcia May Francis Esparcia
Telegraphic Transfer
90 3-RR PNB Outgoing Leoncio Esparcia May Francis Esparcia
Telegraphic Transfer
91 3-SS PNB Outgoing Leoncio Esparcia May Francis Esparcia
Telegraphic Transfer
92 3-TT PNB Outgoing Leoncio Esparcia May Francis Esparcia
Telegraphic Transfer
93 3-UU PNB Outgoing Leoncio Esparcia May Francis Esparcia
Telegraphic Transfer
94 3-VV PNB Outgoing Leoncio Esparcia May Francis Esparcia
Telegraphic Transfer
95 3-WW PNB Outgoing Leoncio Esparcia May Francis Esparcia
Telegraphic Transfer
96 3-XX PNB Outgoing Leoncio Esparcia May Francis Esparcia
Telegraphic Transfer
97 3-XX PNB Outgoing Leoncio Esparcia May Francis Esparcia
Telegraphic Transfer
98 3-YY PNB Outgoing
Telegraphic Transfer
99 3-ZZ PNB Outgoing Leoncio Esparcia May Francis Esparcia
Telegraphic Transfer

100 3-AAA PNB Outgoing

Telegraphic Transfer
101 3-BBB PNB Outgoing
Telegraphic Transfer
102 3-CCC PNB Outgoing
Telegraphic Transfer
103 3-DDD PNB Slip Leoncio Esparcia May Francis Esparcia
104 3-EEE PNB Slip Leoncio Esparcia May Francis Esparcia
105 3-FFF PNB Slip Leoncio Esparcia May Francis Esparcia
106 3-GGG PNB Slip Leoncio Esparcia May Francis Esparcia
107 3-HHH PNB Conversion Slip
108 3-III PNB Official Receipt May Francis Esparcia
109
110 3-KKK PNB Miscellaneous
Ticket
111 3-KKK PNB Slip May Francis Esparcia
112 3-LLL PNB Slip May Francis Esparcia
113 3-MMM PNB Miscellaneous May Francis Esparcia
Ticket
114 3-NNN PNB Miscellaneous May Francis Esparcia
Ticket
115 3-OOO PNB Official Receipt May Francis Esparcia
116 3-PPP PNB Official Receipt May Francis Esparcia
117 3-QQQ PNB Miscellaneous May Francis Esparcia
Ticket
118 3-RRR PNB Slip May Francis Esparcia
119 3-SSS PNB Deposit Slip May Francis Esparcia
120 PNB Miscellaneous May Francis Esparcia
Ticket
121 3-UUU PNB Deposit Slip May Francis Esparcia
122 3-VVV PNB Conversion Slip May Francis Esparcia
123 3-WWW PNB Deposit Slip May Francis Esparcia
124 3-XXX PNB Miscellaneous May Francis Esparcia
Ticket
125 3-YYY PNB Deposit Slip May Francis Esparcia
126 3-ZZZ PNB Deposit Slip May Francis Esparcia
127 3-AAAA PNB Deposit Slip Renato Esparcia
128 3-BBBB PNB Deposit Slip Renato Esparcia
129 3-CCCC PNB Deposit Slip Geofe Nigel Martinez
130 3-DDD PNB Deposit Slip Imelda Ledesma
131 3-EEEE PNB Deposit Slip May Francis Esparcia
132 3-FFFF PNB Deposit Slip May Francis Esparcia
133 3-GGGG PNB Deposit Slip May Francis Esparcia
134 3-HHHH PNB Deposit Slip May Francis Esparcia

A - Yes, Ma’am.

Q23 - When you say “regular,” how often is that?

A - Monthly, Ma’am. Sometimes, twice a month when there is
emergency or urgent need of the money and/or allowance. Also, when my
colleagues go on vacation in the Philippines, I will give them the money
which shall be forwarded to my family.

Q24 - How much money do you send to your family?

A - I send almost all my salary. I only keep small amount of money
to cover my necessities abroad, and some savings for emergency.

Q25 - To whom do you send the money?

A - May Francis was my designated allottee of my salary, however,
she was living a very lucrative life wherein my money was not spent for the
family, rather, she spent it with other unimportant and immaterial things,
so I directed the money to my sister, Imelda.

Q26 - What happened when you changed the designated allottee of

your salary?
A - May Francis got mad because she wanted that in our entire
lives, she will receive everything to maintain her lucrative lifestyle and to
make sure that nothing was left from me.

Q27 - How can you say that May Francis lived a lucrative life?
A - She always tell me, “Uubusin ko pera mo hanggang wala na
matira sa’yo.” She even illegally adopted a child whom I do not know and
from where the child came just to force me to send her more money than I
usually do.

Q28 - What did she mean when she said, “Uubusin ko pera mo
hanggang wala na matira sa’yo?”
A - She meant that I should send her all my salary, even to the
point that I will only save for my food and sustenance. When she calls me,
her first lines were always to demand money from me, and that she has
already spent everything I sent her, when in fact, I sent her more than
enough for the family’s needs.

Q29 - What was then your reaction?

A - I felt upset because the money I sent her was all hard-earned
money. I was then working miles away, yet May Francis spent my entire
money for nothing. I feel useless every time I cannot give her what she asks
from me, but despite that, just to support her, I give more than what was
enough for them.

Q30 - How else can you say that your wife lived a lucrative life?
A - She confessed to me that she had an affair with another man,
and she even used the money I sent to that man. I learned about this when
I confronted her about our expenses.

Q31 - Did she disclose the name of her man?

A - Yes, Ma’am. His name is Jerry Villamer, but I do not know him.

Q32 - What was your reaction when she told you that she had an
affair with another man?
A - I got mad because she then was persistently demanding for
money, but she was spending it not for my children. “Akala ko grabe ang
aking pagkukulang dahil sinasabi niyang magpadala ako ng magpadala ng
pera ngunit ginagastos niya lang pala ang lahat ng pinaghihirapan kong
pera sa kanyang lalake. ”(I thought I was sending not enough money for
because she kept on asking for more, but in truth, she was spending my
hard-earned money to her man.)

Q33 - To whom else do you send the money, if any?

A - When my children were only grown-ups, I send money directly
to them via Palawan Express or Western Union since when I call them, they
told me they have to pay for school requirements, and for allowance.

Q34 - What else can you say about the accusation against you of
“abandonment without financial support?”
A - I did not abandon my family, and I am regularly supporting
them up until now. I was the one who provided for the tuition fees and
allowance of Pearl who is now a nurse in Dubai, of Geofe and Jun Jun who
are both working overseas in ships, too. I paid for their trainings and
seminars. Also, although Geofe and Jun Jun are already fathers and both
have families of their own, I am still supporting them by giving them money
and groceries every now and then considering the present pandemic
situation.

Q35 - There was evidence presented that you supposedly abandon

your family’s residence, what do you say about this?
A - Again, it is very wrong to accuse me of abandonment. I left our
house not because I abandon them but for reasons caused by May Francis,
herself. When my father died, I remember May causing serious scandal
during the wake of my father. She caused commotion and she disgraced me
in front of my family and relatives, as if I am not his husband and the father
of our children. My siblings then got really mad because of what she did.
And, I can no longer stay because if I do, I may hurt her and I do not want
that to happen especially that she is the mother of my children. Also, I feel
embarrassed to our neighbors because of May’s scandalous attitude. When
I mingle and drink with them, May will always go after me, and loudly
shout, “Nakakapainom kapa, pa’no na si pagkakan kang mga aki mo.”

Q36 - What else, if any?

A - I did not abandon them, in fact, I always give them more than
enough of what they need. “Dumating din ako sa punto na hindi ko na
maipakain ang sarili ko, para lamang may maipadala sa kanila at sila ang
may makain ng masarap at maayos.” (I even reached the point that I could
not afford to eat just to make sure I can send money and they can eat
sufficient and delicious food.)

Q37 - I now ask you to go over the questions and answers now
appearing on the screen of this laptop computer, and tell me if the answers
you gave had been faithfully encoded in the computer. If so, are you willing
to sign this Judicial Affidavit to attest to the truth of all the answers thereon
written?
A - Yes, ma’am.

In witness whereof, I here sign my name this ________ 2021 at Naga

City, Philippines.

LEONCIO P. ESPARCIA JR

Subscribed and sworn to before me this ___________at Naga City

Philippines, affiant exhibiting to me his LTO Driver’s License ID No. N25-10-
031736, and I hereby certify that I have personally examined the affiant and
I am satisfied that he has knowingly and voluntarily executed this Judicial
Affidavit and understood his statements.

LAWYER’S ATTESTATION

I, Atty. Eloisa Arzy C. Amparo, under my own oath as a lawyer hereby

attest that I conducted the examination of the witness, that I have faithfully
recorded the questions I asked and the corresponding answers that the
witness gave, and that neither I nor any other person, then present or
assisting me coached the witness regarding his answers.

ELOISA ARZY C. AMPARO

Copy Furnished:

PROS. REMEDIOS SANTONIA

City Prosecution Office
Naga City