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Republic of the Philippines

Supreme Court
Third Judicial Region
MUNICIPAL TRIAL COURT
Peñaranda, Nueva Ecija
-o0o-

PEOPLE OF THE
PHILIPPINES,
Plaintiff,

CRIM. CASE NO. 579


-versus- FOR:GRAVE ORAL DEFAMATION

DANILO ABESAMIS y
TRINIDAD

Accused.
x----------------------------------------------------x

JUDICIAL AFFIDAVIT OF DANILO T. ABESAMIS

Accused, by counsel, submits this Judicial Affidavit in


accordance with A.M. No. 12-8-8-SC.

The examination of the witness was conducted by Atty. ELIJAH


B. BACTOL at his office in General Tinio, Nueva Ecija on
November 17, 2022.

The Judicial affidavit is prepared in English, a language known


to the witness. Questions were propounded to the witness and these
questions are numbered consecutively and each Question is followed
by the Answer of the witness, fully conscious that he does so under
oath and that he may face criminal liability for false testimony or
perjury.

FORMAL OFFER OF TESTIMONY

Accused, by counsel, offers the testimony of Danilo T.


Abesamis, to prove the following:
a) To deny the allegations in the complaint against him;
b) Such other facts and circumstances material to the instant
case.
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Questions and Answers

Question (“Q”): Please state your name and other personal


circumstances.
Answer (“A”): I am Danilo T. Abesamis, married, owner of Danny’s
Funeral Services, and a resident of Burgos St. Poblacion 2,
Peñaranda, Nueva Ecija.

Q1. Why are you in the courtroom today?


A. Because I was charged with oral defamation by private
complainants Celeste Ramos and Robert Gatchalian sir.

Q2. Do you personally know the private complainants in this case?


A. Celeste and my wife are related by blood sir while Robert
Gathcahalian is in the same line of business as mine
.
Q3. What is your business, Mr witness?
A. I own a funeral service sir.

Q4. Where is it located?


A. It is situated at Poblacion 2, Penaranda, Nueva Ecija sir. It is
just meters away from the same funeral business of Robert
Gatchalian sir.

Q5. The private complainants charged you of Grave Oral Defamation,


what can you say about this Mr. Witness?
A. I know that we had business conflicts sir—the private
complainants attempted to eject me from my own office which is
erected thereon for decades, but I never, and I will never utter such
defamatory remarks against another person sir.

Q6. What were the defamatory remarks which you, according to the
information, allegedly uttered?
A. That Robert was having a sexual congress with Celeste, and they
had an illicit relationship sir, and that Celeste had started to became
arrogant because of her money;

Q7. And when and where was it allegedly uttered?


A. According to them sir, I delivered those hateful statements to
Jayson Fernandez sometime in 17 July 2021 at 8:00 in the evening,
near the Peñaranda public market sir;

Q8. And who witnessed the said incident according to Jayson Mr.
Witness?
A. It was witnessed by Jayson’s friend, Rowell M. Padilla, sir. He
will testify on that matter on the next hearing sir.

Q9. Do you have any participation on the said incident?


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A. I was actually unaware of it sir, but I also have heard about the
rumor between them.

Q10. And what was that rumour about Mr. Witness?


A. That the private complainants were having an illicit relationship
sir.

Q11. And do you have any idea why such rumour spread between the
private complainants?
A. Probably because they were seen together in public sir, but
other than that, I do not have any idea about it sir.

Q12. By the way Mr. Witness, where were you during the alleged
incident?
A. I can no longer recall sir, because that day was not something
memorable sir and nothing special or extraordinary transpired on my
day based on my recollection.

Q13. I have no more questions to ask, do you have anything to add?


A. None for the moment sir.

FURTHER AFFIANT SAYETH NAUGHT.

This 17TH day of November 2022 at General Tinio, Nueva Ecija.

DANILO ABESAMIS
Affiant

SUBSCRIBED and SWORN TO before me this 17 th day of


November 2022 at General Tinio, Nueva Ecija after affiant exhibited
to me his personal identification Card.

Doc. No. ____


Page No. ____
Book No. V
Series of 2022

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ATTESTATION

I, ELIJAH B. BACTOL, with law office at Bayanihan, Gapan


City, under oath, attest as follow:

I personally conducted the interrogation of Reynaldo Alarilla


who will be presented as witness at the trial of the action for sum of
money that he will file before the Municipal Trial Court of General
Tinio, Nueva Ecija. I faithfully recorded all the questions I asked of
Mr. Alarilla and the corresponding answers he gave and neither I nor
any other person then present coached him regarding his answers.

ELIJAH B. BACTOL

SUBSCRIBED and SWORN TO before me this 17 th day of


February 2021 at Gapan City, Nueva Ecija after affiant exhibited to
me his Identification Card issued by the Integrated Bar of the
Philippines (IBP).

Doc. No. ____


Page No. ____
Book No. ____
Series of 2021

General Tinio, Nueva Ecija, 17 November 2022.

_____________________
ELIJAH B. BACTOL

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Counsel for the Defendant


#23 Bonifacio Street, Poblacion Central,
General Tinio, Nueva Ecija
Roll of Attorneys No. 74375
MCLE Compliance: Passed the Bar Exams on April 2020
IBP Membership No. 157636 2/16/2021
PTR No. 6855529 29 January2021
Issued at General Tinio, Nueva Ecija
Email Address for videoconference and notices:
elijah77.law@gmail.com
Mobile Phone Number 09178005494

Copy furnished by registered mail:

Department of Justice
OFFICE OF THE PUBLIC PROSECUTOR
Cabanatuan City, Nueva Ecija

EXPLANATION

This Judicial Affidavit of Danilo Abesamis is filed before this


Honorable Court personally and copy thereof is served on the adverse
party by registered mail with return card, instead of the preferred
mode of personal service, due to distance, time constraints and lack of
an available messenger.

ELIJAH B. BACTOL

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