REPUBLIC OF THE PHILIPPINES

First Judicial Region

Municipal Trial Court
City of Baguio
Branch 416A

PEOPLE OF THE PHILIPPINES Crim. Case No: 14325

Plaintiff,

- Versus -
For: Falsification of a Public
Document by a Public
Mary Ann S. Cruz Individual
Accused
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JUDICIAL AFFIDAVIT OF THE EXPERT WITNESS

I. PRELIMINARY INFORMATION

a. NAME AND OTHER PERSONAL CIRCUMSTANCES OF THE WITNESS

Name: Maria Janina C. Lumagas

Age: 33 years old

Address: Upper General Luna, Baguio City, Benguet

Language: English and Filipino

b. LAWYER WHO CONDUCTED OR SUPERVISED THE EXAMINATION OF

THE WITNESS

Name: Atty. Jake M. Danduan

Address: Trancoville, Baguio City, Benguet

Place of Examination: Danduan Law Office, Gamboa Bldg., Rm. 205,

118 Session Road, Baguio City, Benguet

II. OFFER

The testimony of Maria Janina C. Lumagas is being offered to prove that:

(1) all the allegations in the Blotter Entry No. 1234 on page 12 dated July 03,
2023;
(2) including all the ANNEXES appended thereto, which she respectfully
requests to be correspondingly marked as EXHIBITS in this case;
(3) all matters related thereto, with reservation to present additional exhibits in
the course of the proceedings of the instant case; and

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(4) that the examinations of the signatures found in the document were
carefully done and examined by the expert witness.

III. JUDICIAL AFFIDAVIT PROPER

I, MARIA JANINA C. LUMAGAS, of legal age, Filipino, and a resident of

Upper General Luna, Baguio City, Benguet, a Questioned Document Examiner
with postal address c/o Forensics Division, Philippine National Police, Camp
Bado Dangwa, La Trinidad, Benguet, after having been sworn to in accordance
with law, do hereby depose and say that: I am an expert witness in the field of
Questioned Document Examination, duly recognized and qualified as such by
virtue of my educational background, professional experience, and expertise in
the subject matter at hand. This examination is conducted and supervised by
Atty. Jake M. Danduan, with postal address at Danduan Law Office, Gamboa
Bldg., Rm. 205, 118 Session Road, Baguio City, Benguet; I am answering the
questions asked in this judicial affidavit, fully conscious that I am doing so
under oath, and that I may face criminal liability for false testimony or perjury.

This Judicial Affidavit is written in English, a language known and

understood by me, and the examination and execution thereof were done at
Danduan Law Office, Gamboa Bldg., Rm. 205, 118 Session Road, Baguio City,
Benguet, and this Judicial Affidavit shall serve as my direct testimony in this
case.

PRELIMINARY STATEMENT

That in accordance with A.M. No. 12-8-8-SC, which prescribes the use of
judicial affidavits to serve as the direct examination testimony of the witness,
on the basis of which the adverse party may conduct their cross-examination
on such a witness, I hereby execute this judicial affidavit in a question and
answer format;

That conformably with section 3 (b) of the said A.M. No. 12-8-8-SC, I also
state that it was Atty. Jake M. Danduan, counsel of the plaintiff who conducted
the examination of the undersigned affiant;

That conformably also with section 3 (c) thereof, I hereby state under the
pain of perjury that in answering the questions asked of me, as appearing
herein below, I am fully conscious that I did so under oath, and that I may face
criminal liabilities for false testimony or perjury.

AND UNDER OATH, AVERS THE FOLLOWING:

Falsification of a Public Document by a Private Individual

PRELIMINARY QUESTIONS

Q: Please state your name and profession for the benefit of the court.
A: I am PMSg. Maria Janina C. Lumagas, a Questioned Document Examiner.

Q: Kindly state your educational background leading to your

profession as of this date.
A: I graduated from the University of the Cordilleras with a bachelor’s degree in
criminology in 2011 and passed the Criminology Licensure Examination in the
same year. After that, I took my Master’s of Science in Criminal Justice with a
Specialization in Criminology in the same university. In 2012, while taking my
master’s, I entered the Philippine National Police and have been receiving
trainings and taking seminars as a police officer. In 2018, I applied as a
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members of the PNP Regional Forensic Unit as a Questioned Document
Examiner.

Q: What is your current profession?

A: I am currently a Police Master Sergeant at the PNP Regional Forensic Unit.

Q: How long have you been practicing your profession as a questioned

document examiner?
A: 5 years.

Q: How long have you been practicing your profession as a

questioned document examiner in the PNP’s Regional Forensic Unit?
A: 4 years.

Q: What do you do as a questioned document examiner in the Forensic

Unit?
A: As a Questioned Document Examiner, I utilize my expertise to analyze and
determine the authenticity, origin, and integrity of various types of documents.
My primary responsibilities include Document Authentication where I verify the
authenticity of documents, including signatures, handwriting, typewriting,
printing, and other aspects. I compare questioned documents (those in dispute)
with known or genuine specimens to establish whether a document is genuine
or has been altered or forged. I also investigate cases involving forged
documents, such as forged signatures on contracts, checks, and other legal
documents. I use specialized techniques to identify discrepancies between
genuine and forged handwriting, typefaces, and other characteristics. I
examine documents to determine whether any alterations have been made,
such as erasures, obliterations, additions, or substitutions. I identify signs of
tampering and assess the impact of such alterations on the document's
integrity. I am also trained to detect counterfeit currency, documents, and
other valuable items through examining security features, printing methods,
and other details to identify discrepancies between genuine and counterfeit
items. I also serve as an Expert Witness when I am called upon to provide
expert testimony in court where I explain my findings, methodologies, and
conclusions to the court in a clear and understandable manner.

Q: Can you recall how many questioned document cases have you handled
so far?
A: I’ve lost count when I reached 50.

Q: Is this your first time to testify in court?

A: No.

Q: To the best of your knowledge how many times have you testified as an
expert witness?
A: Approximately around 42 times.

Q: Could you provide an example of a situation in which your expertise

was required?
A: Certainly. In a recent case, I was asked to analyze a contract that was
suspected of containing forged signatures. My analysis involved comparing the
signatures on the questioned contract to known genuine signatures to
determine whether the signatures were consistent or if there were any signs of
forgery.

Q: In your professional opinion, is document examination an accurate

method for determining authenticity and detecting forgeries?
A: Yes, it is. Document examination is a scientifically grounded and widely
accepted method used to establish the authenticity of documents and to detect
potential forgeries.
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Q: How do you ensure the accuracy and reliability of your analyses?
A: I follow established protocols and standardized methods in my analyses. I
also document my findings and maintain detailed records of the procedures I
use. Additionally, I regularly collaborate with other experts and engage in peer
review to ensure the accuracy of my conclusions.

Q: Having been stated this information about your years of

experience as a questioned document examiner, can you say with absolute
certainty that you are qualified to testify as an expert witness to attest
the questioned document were the same to represent the falsified public
document of Lailady S. Gutierrez?
A: Yes, ma’am.

DIRECT EXAMINATION PROPER

Q: Now, Ms. Lumagas, please tell us on what matter are you being made to
execute this Judicial Affidavit and testify in Court?
A: The PNP Regional Forensic Unit was directed by the Municipal Trial Court,
Branch 416A of Baguio City, to make an examination of the questioned
document and submit its report to the said Court. I am testifying on the matter
of the examination I have done on the questioned document, and my report
thereon.

Q: Can you please describe briefly this questioned document?

A: It is the Notarial Will of Lailady S. Gutierrez dated October 25, 2022
covering the properties of one Lailady S. Gutierrez and the supposed
beneficiaries which are the Vacation House, Transfer Certificate of Title No. T-
445545 with a lot area of 500sqm located at Luna, La Union, Region 1,
Philippines which was allegedly given to the accused, Ms. Mary Ann S. Cruz.
Other assets indicated at the questioned document were the Family House with
Transfer Certificate of Title No. T-777567 with a lot area of 600sqm located at
Sablan, Benguet together with the testator’s savings at her Banco De Oro Bank
which was named to her children Min Suga S. Gutierrez and Jungkook S.
Gutierrez; a Sari-Sari Store in Sablan, Benguet which was allegedly for the
testator’s parents Lee Dong W. Samson and Shin Min R. Ramos; and lastly, the
testator’s savings in her RCBC Account which was allegedly for her siblings
Hye Kyo R. Samson and Seo Joon R. Samson. This was notarized by Notary
Public David P. Novelty in the same date and attested by three (3) witnesses;
Evangeline D. Loria, Butch F. Alberto, and Sevilla M. Marquez.

Q: Where is the original of this questioned document, if you know?

A: In the custody of the requesting party ma’am, Lailady S. Gutierrez ma’am.

Q: How were you able to conduct your examination of the questioned

document when its custody is the requesting party??
A: Lailady S. Gutierrez’s private lawyer advised her to coordinate with the PNP
Regional Forensic Unit for purposes of our examination of the questioned
document. As such, Lailady S. Gutierrez, along with her private lawyer
presented to us the original document and we took a photo of the document for
examination purposes. She then requested the Investigator on Case to make a
request letter for the examination of the questioned document.

Q: I am showing you what has been marked as EXHIBIT “QD.” Is this the
document which you said you received from Investigator on Case PMSg
Rocky Roger Q. Abad?
A: Yes, ma’am.

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Q: In the questioned document appear the one (1) signature of Lailady S.
Guitierrez, affixed on page two of the Notarial Will, marked as EXHIBIT
“QD”. Is this the disputed signature, subject of your examination?
A: Yes, ma’am.

Q: What kind of examination have you done on this document?

A: I have done a scientific comparative examination on the questioned
signatures of Lailady S. Gutierrez, ma’am.

Q: Describe to us the method and process of your examination of the

questioned document?
A: I made use of scientific instrument such as stereoscopic microscope,
magnifying lens with the aid of comparison charts, marking of the questioned
and standards, observation and comparison of handwriting characteristics
between the questioned and standards, evaluation as to whether or not the
questioned and the standards sample signatures, ma’am. I also used the ACEV
method which is the Analysis, Comparison, Evaluation, and Verification
Method. In Analysis, I analyzed and identified the different
features/characteristics. After that is Comparison which is where I determined
the similarities and dissimilarities between the standard samples and the
questioned signature. Next was the Evaluation in which I evaluated the
observed features/characteristics that led to my conclusion, and lastly the
Verification in which another examiner will rechecked or verified the
examination that I conducted, ma’am.

Q: I show you conceded nine (9) standard signatures of Lailady S.

Gutierrez, the signatures of Gutierrez appearing thereon respectively as
EXHIBITS “S-1”, “S-2”, “S-3”, “S-4”, “S-5”, “S-6”, “S-7”, “S-7”, “S-8”, and
“S-9”. Have you made an examination of these?
A. Yes, ma’am.

Q: What was the purpose of your examination, sir?

A: To determine whether or not there was an identity existing between the
standard signatures of Lailady S. Gutierrez and the questioned document,
Notarial Will dated October 25, 2022.

Q: As a result of your examination and comparison, what are your

findings, if any?
A: Scientific comparative examinations on the specimens submitted under
magnifying lens, stereoscopic microscope and with the aid of photographic
enlargements, as well as the use of ACEV Method, reveal that there exist
significant differences in handwriting characteristics and habits between the
questioned signatures “LAILADY S. GUTIERREZ”, on one hand and the sample
specimen signatures “LAILADY S. GUTIERREZ”, on the other hand such as in:
manner of execution; structural pattern of letters/elements; minute identifying
details.

Q: Have you reached an opinion or conclusion concerning them?

A: Yes, Ma’am

Q: What is that opinion or conclusion?

A: The questioned signatures “LAILADY S. GUTIERREZ”, on one hand and the
sample specimen signatures “LAILADY S. GUTIERREZ”, on the other hand
were NOT WRITTEN by one and the same person.

Q: Did you reduce the result of your examinations in writing or a written

report?
A: Yes, ma’am.

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Q: What did you do with this written report, if any?
A: After writing the report, I submitted it to PMSg Rocky Roger Q. Abad, IOC,
in which she submitted it to the Municipal Trial Court, Branch 416A of Baguio
City.

Q: I am showing you what has been marked as EXHIBIT “A-2”, which is

the QUESTIONED DOCUMENTS REPORT NO. QD-027-2023 with a received
date July 05, 2023, and a date completed July 18, 2023. Are these the
documents that you just referred to?
A: Yes, ma’am. They are the same documents.

Q: There appears on page 3 of the Report, a signature, marked as EXHIBIT

“J-1” appearing on top of the name, MARIA JANINA C. LUMAGAS,
Questioned Document Examiner. Whose signature, is it?
A: It is my own signature, ma’am.

Q: There is a signature on top of the name, PSMS JEAN MARIE S. ROSAL,

Senior Document Examiner, marked as EXHIBIT “J-2”. Whose signature is
it if you know?
A: It is the signature of PSMS JEAN MARIE S. ROSAL.

Q: Why do you know it is her signature?

A: I am familiar with her signature, having seen her sign her name on
documents, in numerous occasions at the PNP Regional Forensic Unit.

Q: What about the signature on top of the name, PEMS ROGELIO M.

CRUZ, Director, PRO-COR Forensic Unit, marked as EXHIBIT “J-3”. Do
you know whose is it?
A: Yes, ma’am.

Q: Whose signature it is?

A: It is the signature of PEMS ROGELIO M. CRUZ, Director, PRO-COR
Forensic Unit, ma’am.

Q: Why do you know it is his/her signature?

A: I am familiar with his signature, having seen him sign his name on
documents in numerous occasions at the PRO-COR Forensic Unit.

Q: Now, have you prepared any illustrations of your report?

A: Yes, ma’am.

Q: What are these?

A: I have several comparisons made of the standard signatures taken from the
nine (9) documents I earlier referred to, with the questioned signatures taken
from the questioned document. They are magnified photographic reproductions
of the sample signatures and the questioned signature.

Q: I am showing you EXHIBITS “S-1”, “S-2”, “S-3”, “S-4”, “S-5”, “S-6”, “S-
7”, “S-8” and “S-9”. Are these the sample signatures of Gutierrez which
the Investigator on Case magnified?
A: Yes, ma’am.

Q: I also refer you to EXHIBIT “QD”. Is this the questioned signature of

Gutierrez, which the Investigator on Case magnified?
A: Yes, ma’am. It is.

Q: Now, Ms. Witness, please give us an explanation of the opinion

rendered by the PNP Regional Forensic Unit through an illustration of
your examination.
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A: Scientific comparative examination and analysis of the questioned signature
of LAILADY S. GUTIERREZ marked “QD” appearing in a Notarial Will and the
standard signatures marked “S-1”, “S-2”, “S-3”, “S-4”, “S-5”, “S-6”, “S-7”, “S-8”,
and “S-9” reveal dissimilarities in the manner of execution, stroke structure
and other individual handwriting characteristics and habits which are
indications that they were not written by one and the same person.

Q: Now, Ms. Lumagas, you have examined all the standard signatures of
Lailady S. Gutierrez?
A: Yes, ma’am.

Q: You have examined this Notarial Will purporting to have been signed by
Lailady S. Gutierrez?
A: Yes, ma’am.

Q: From your examination and comparison of the standard signatures and

the questioned document, can you say positively say if they were written
by one and the same person?
A: No, they were written by two (2) different individuals.

Q: What do you warrant from the copies of the documents which you
identified and attached in this affidavit?
A: I warrant that the copy or reproduction of the documents attached to this
affidavit is a faithful reproduction of the original documents.

Q: Do you confirm that the contents of this is true and correct and are
you willing to sign this as your conformity to all that has been stated in
this document?
A: Yes, ma’am.

---------END OF STATEMENT----------

IN WITNESS WHEREOF, I have hereunto set my hand this 20 th day of

July, 2023 in Baguio City.

PMSg. Maria Janina C. Lumagas

Affiant

SWORN ATTESTATION OF THE LAWYER WHO CONDUCTED OR

SUPERVISED THE EXAMINATION OF THE WITNESS

The undersigned Atty. Jake M. Danduan of legal age, single, and

with law office address at Danduan Law Office, Gamboa Bldg., Rm. 205, 118
Session Road, Baguio City, Benguet, under oath, deposes and states that:

1. He is the Legal Counsel for the Plaintiff in the above-entitled case;

2. He faithfully recorded or caused to be recorded the questions he asked

and the corresponding answers that the above-named witness gave;

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3. Neither he nor any other person then present or assisting him coached
the witness regarding the latter's answers; and

4. He conducted the examination of the witness at their law office located at

Danduan Law Office, Gamboa Bldg., Rm. 205, 118 Session Road, Baguio
City, Benguet.

IN WITNESS WHEREOF, I have hereunto set my hand this 20 th day of

July, 2023.

Atty. Jake M. Danduan

Affiant

SUBSCRIBED and sworn to before me this 20 th day of July, 2023 at

Baguio City, affiant exhibiting her competent proof of identity, to wit: IBP ID No.
112233.

Atty. Angela Faye Y. Dumangeng

Notary Public for Baguio City
Notarial Commission No. NA-NC-3-NEW-19
Until December 31, 2023
Roll No. 2120198; May 10, 2017
PTR No. 2101187; 01/11/2019; Baguio City
IBP Membership No. 416-00-2120198; Baguio-Benguet Chapter
Suite 507, National Life Building, Session Road, Baguio City

Copy Furnished:

Atty. John Robert M. Morden

Assistant City Prosecutor

Roll No. 42797/June 7-18

IBP Lifetime No. 836618/Oct-3-18 Baguio-Benguet Chapter
PTR No. 1444212/Jan-10-19 Baguio City
MCLE Compliance No: VI-1478/May-3-19
Baguio City Hall, City Hall Dr.,
Baguio City, Benguet

Doc. No. 1234

Page No. 5
Book No. 6
Series of 2023
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