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ANNEX 1

Republic of the Philippines


MUNICIPAL TRIAL COURT IN CITIES
11th Judicial Region, Branch 4
Davao City

THE PEOPLE OF
THE PHILIPPINES CRIMINAL CASE NO.M-DVO-17-
011-CR

- versus - FOR: VIOL. SEC. 1 BP 22

MARIA NIZA,
Accused.
x--------------------------------x

JUDICIAL AFFIDAVIT

I, MARIO NIZA, 42 years old, married, Filipino, resident of


Brgy. San Isidro, Monkayo, Davao de Oro, after having been
duly sworn to in accordance with the law, do hereby depose
and say:

PRELIMINARY STATEMENT

1. I was examined by ATTY. PATRICIA ANNE BALLOS who


is holding office in Ballos & Nono Law Firm 7th Floor,
ABREEZA Corporate Center, J.P. Laurel Street, Davao
City, Philippines.

2. The QUESTIONS were propounded by ATTY. PATRICIA


ANNE BALLOS, in English, which I fully understand,
while the ANSWERS WERE GIVEN/MADE by me.

3. That it is to my knowledge that I am executing this under


oath and may be held criminally liable for false testimony
or perjury.

OFFER OF TESTIMONY

The testimony of the witness is offered to prove that:

1. The Accused did not secure a loan from Sheryl Boo


in the amount of Php 600,000.00 on September 21,
2016.

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2. Sheryl Boo requested from the accused to give her a
blank check.

3. The Accused gave Sheryl Boo a blank check from a


closed Eastwest Bank account of her husband
Mario Niza.

4. Sheryl Boo knew that such bank account was


already closed.

5. The Accused did not consent to the writing of


entries on the blank check.

QUESTIONS and ANSWERS:

Q1: Please state your name and other personal


circumstances for the records.
A1: I am Maria Niza, 34 years old, married, and a
resident of Barangay San Isidro, Monkayo.

Q2: Are you the same Maria Niza, who is the accused in
this case?
A2: Yes, Atty.

Q3: What is your occupation?


A3: I am a business woman.

Q4: How many businesses do you have?


A4: I own a fast food franchise and a couple of boutiques
in a mall.

Q5: How would you describe the current financial status


of your businesses?
A5: Well I can say that overall business is good. I am
earning income.

Q6: Currently, do you have any financial problems?


A6: No, I am financially stable right now. I could invest in
a new business venture if I wanted to.

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Q7: Do you know the complainant in this case?
A7: Yes, Atty. I know Sheryl Boo.

Q8: How do you know her?


A8: She has been my friend since we were in College.

Q9 Can you tell me what happened on September 21,


2016?
A9 On that date, Sheryl Boo called me. She asked me to
help her with her lending business. In particular, she
asked me if I could issue a check just to help her
earn the trust of her principal so that she could get
financial support for her business.

Q10: What was your response to the request of Ms. Sheryl


Boo?
A10: I agreed since she was my friend. I told her that I
would give her a blank check, pursuant to her
request.

Q11: Could you state in substance the conversation you


had with Ms. Sheryl Boo regarding the check?
A11: I told her that since I do not own a checking account,
I could instead get a check from the check book of
my husband, Mario Niza. But I also informed her that
the account my husband had with Eastwest Bank
was already closed.

Q12: What happened after, if any?


A12: Pursuant to the conversation we had, I met up with
her and gave her the check which I got from my
husband’s check book.

Q13: What were the particulars contained in the check?


A13: I gave her a blank check. It had no date and
signature and no written information as to the name
of the payee and the amount.

Q14 Since the said check was blank, did you intend that
Ms. Sheryl Boo to fill in those entries?
A14 No. I did not give her consent to fill in the entries in
the check.

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Q15: What happened next?
A15: After she received the blank check and left, I was not
informed anymore as to how she used the check.

Q16: What transpired after?


A16: None, Atty. After giving her the check, as requested,
that was it.

Q17: Do you have anything to add or retract from your


statements?
A17: None, Atty.

IN WITNESS WHEREOF, I hereunto affixed my signature


this 23rd day of August 2019 at Davao City, Philippines.

ANNEX 1-A

MARIA NIZA
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME on this 5th


day of December 2020 at Davao City, Philippines, affiant
personally came and appeared with her SSS ID No. 46-
127565-1 issued at Davao City, Philippines as sufficient proof
of identity.

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Doc. No. 3
Page No. 8
Book No. 7 ATTY. BENJO ROMIL NONO
Series of 2020 Notary Public
Notarial Commission No. 143-2019
Commission Expires on Dec 31-2022
Roll of Attorneys No. 11111
IBP Lifetime Member No: 033470
PTR No. 888712/10-07-19/Davao City

ATTESTATION

I, ATTY. PATRICIA ANNE BALLOS, single, Filipino, of


legal age with office in Ballos & Nono Law Firm 7th Floor,
ABREEZA Corporate Center, J.P. Laurel Street, Davao City,
Philippines, attest under oath as follow:

1. That under my own oath as a lawyer, hereby attest


that I conducted the examination of the witness
MARIA NIZA;

2. That I have faithfully recorded the questions I asked


and the corresponding answers that the witness gave;

3. That neither I nor any other person, then present or


assisting me coached the witness regarding her
answers; and

4. That I fully understand that any false attestation


shall subject me to disciplinary action, including
disbarment.

IN WITNESS WHEREOF, I have hereunto set my signature


this 3rd day of March, 2021 at Davao City, Philippines.

ATTY. PATRICIA ANNE BALLOS

Affiant

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SUBSCRIBED AND SWORN to before me this 5th day of
December, 2020 in Davao City, by the affiant who exhibited to
me her IBP ID with lifetime Membership No. 101345.

Doc. No. 4
Page No. 8
Book No. 7 BENJO ROMIL NONO
Series of 2020 Notary Public
Notarial Commission No. 143-2019
Commission Expires on Dec 31-2022
Roll of Attorneys No. 11111
IBP Lifetime Member No: 033470
PTR No. 888712/10-07-19/Davao City

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