PREPONDERANCE OF EVEDENCE IS THE STANDARD OF PROOF IN MOST

CIVIL CASES IN WHICH THE PARTY BEARING THE BURDEN OF PROOF

MUST PRESENT EVIDENCE WHICH IS MORE CREDIBLE AND
CONVINCING THAN THAT PRESENTED BY THE OTHER PARTY OR WICH
SHOWS THAT THE FACT TO BE PROVEN IS MORE PROBABLE THAN NOT.

CIRCUMSTANCIAL EVEDENCE :

1. A series of cash losses inside our home in Brgy, South Centro, Sipocot Camarines
Sur in July and August 2021 gave rise to the theory that someone had stolen the
money of someone who was well-versed in the neighborhood. We tried to conduct a
thorough investigation into the theft of money from my secret bag, despite the fact
that our house is dilapidated and has poor security. I can only assume that someone
who lives nearby and is acquainted with the project did this.

2. After a series of inquiries one afternoon while going home after work, I personally
saw Mr. Marvin Marfil lying on the floor inside my private room, with his right hand
inside my bag, and my remaining salary was there, worth 3,000 pesos. I asked him
why my secret bag was there and why his right hand was handling it. He replied, "I
have a severe headache." I confronted him about the matter, and after a serious
inquiry, he confessed to me that all the stolen money from the past month was his
fault.

3. After that conversation and confrontation, I told him (Mr. Marvin Marfil) that,
because he was a minor at the time, I would forgive him for a second chance because
he helped us with some housework and I was giving him school allowances. After a
year, the same incident occurred again, but this time it occurred not only in our house
but also at my uncle's place in Barcelonita, Cabusao, Camarines Sur. There was again
a pattern of losing money, but it was a minor amount; for the sake of clarity, I am not
concluding that this is him because we had a settled agreement. On December 10,
2022, Mr. Marvin slept in my uncle's house again, and the next day, my uncle
Weakup discovered that his money, totaling 875.00 pesos, had been lost in his pocket;
he had lost his money the night before when my uncle picked him up from
Barcelonita on his way to Sipocot.

PREPONDERANCE OF EVEDENCE:

1. After that incident on December 10, a second strange occurrence occurred when
my uncle realized that his car, which was parked outside our house, had strange
markings on its door handles and that someone was trying to open it while inside his
car with his wallet containing specific amounts of money. After attending the
Aguinaldo on December 15, 2022, and while returning home, I noticed my own car
parked next to our gate with the door already open. I immediately checked my
personal belongings inside the car and found that some of my important documents
were not in the right order; they had been moved inside. I quickly entered our house
and started searching for my key in my secret pocket. Before that, while going to the
church to attend simbang gabi, I saw Mr. Marvin Marfil hanging around the vicinity
of our area.

1. Pondering the fact that these two incidents occurred, I concluded that the
person who is responsible for this is not a notorious and professional thief
because our belongings inside the house are still intact. Secondly, the only
person who found my key inside a secret box is very familiar with the place.
Later, I discovered that the only thing that had been stolen was the money in
my car, which amounted to 500 pesos. My daughter Maria Isabel testified that
during that time someone opened our room, which was not locked at that time,
and turned off all the lights inside our house. She obscurely saw a man trying
to look for something in our belongings. Her sister Maria Regina was already
awake at that time, and when she looked at her, she was smiling, indicating
that the person who went inside our room was familiar with her. Hence, I
conclude that the same person who tried to open the car of my uncle and mine
is the same person. (Marvin Marfil) I am now scared and fearful for my
daughter after this serious incident.

I TESTIFY BEFORE THE LEGAL PRESENCE OF THIS HONORABLE

BARANGAY CHAIRMAN

MRS. VENUS S. BARBIN

PLAINTIFF: