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Republic of the Philippines )

Cebu City ) S.S.

JUDICIAL AFFIDAVIT OF JHONAMAE LIBRES GIL

PRELIMINARY STATEMENT

I, JHONAMAE LIBRES GIL, of legal age, married, and living at


Mompeller, Argao, Cebu, the Complainant in this case, state under
oath as follows;

The person examining me is Atty. Ellainevieve Ramirez with address


at Zone 6, St. John Street, Hermag Village, Tabok, Mandaue City.
The examination is being held at the same address. I am answering
his questions fully conscious that I do so under oath and may face
criminal liability for false testimony and perjury.

PURPOSE: This affidavit of JHONAMAE LIBRES GIL is being


offered to prove that JONI ANGELEI MIRANDA has committed the
following:

1. Estafa - Article 315 (1)

Art. 315. Swindling (estafa). — Any person who shall defraud


another by abuse of confidence.

2. Cyber libel – Section 4 ( C – 4 ) of Republic Act No. 10175


otherwise known as the “Cybercrime Prevention Act of 2012”.

SEC. 4. Cybercrime Offenses. — The following acts constitute


the offense of cybercrime punishable under this Act:

(c) Content-related Offenses:

(4) Libel. — The unlawful or prohibited acts of libel as defined


in Article 355 of the Revised Penal Code, as amended,
committed through a computer system or any other similar
means which may be devised in the future.

3. Intriguing against honor – Article 364 of the Revised Penal


Code

The penalty of arresto menor or fine not exceeding Twenty


Thousand Pesos (P20,000.00) shall be imposed for any
intrigue which has for its principal purpose to blemish the
honor or reputation of a person.”

4. Damages under Article 2217 and 2199 of the Civil Code of the
Philippines.

1. Q: Please state your name and other personal


circumstances for the record.
A: I am Jhonamae Libres Gil, 29 years old, married, and a
resident of Mompeller, Argao, Cebu.

2. Q: Do you know why you are being interviewed?


A: Yes, This is to serve as my direct testimony in the case
that I will be filing against JONI ANGELEI MIRANDA
(Miranda for brevity) for the crimes of (a) Estafa under
Article 315 (1) of the Revised Penal Code, (b) Violation
against Section 4 (c) (4) of RA 10175 or The Cybercrime
Prevention Act of 2012, (c) Intriguing against honor
under Article 364 of the Revised Penal Code.

3. Q: Are you personally aware that you will be held


criminally liable for perjury for any false or fraudulent
statement that you will make?
A: Yes, I am aware now.

4. Q: Do you personally know Ms. Miranda?


A: Yes, Attorney. I have here with me a copy of her valid ID
for your reference

The valid ID of Ms. Miranda is attached herewith as


“Annex A” and is made an integral part hereof.

5. Q: How do you know Ms. Miranda?


A: She is one of the members of my “PALUWAGAN”
business. One is Sixty-Five Thousand Pesos
(Php65,000.00) with 13 members and the other one is
Thirty Thousand Pesos (Php30,000.00) with 30
members, where Ms. Miranda got two (2) slots
equivalent to Sixty Thousand Pesos (Php60,000.00)

6. Q: Can you explain to me how a “PALUWAGAN” works?


A: A “PALUWAGAN” is the practice of pooling savings fund
among multiple members with the purpose of saving
and making a lump sum pay-out every agreed pay-out
schedule.

For example, for 65K paluwagan with 13 members,


each member will remit to me, as the admin/handler,
an amount of Php5,500.00 per month. The amount
collected will be given to the chosen member every
month until all the 13 members will be able to get the
same amount. The member receiving for that particular
month will be chosen via roulette (roleta) to maintain
equity among members.

7. Q: When did Ms. Miranda joined your PALUWAGAN?


A: Ms. Miranda joined the 65k on January 2023 and 30k
paluwagan on November 2022.

8. Q: What happened after she expressed her intention to


join the paluwagan?
A: For the 65k paluwagan, she got a “pasalo slot”. She
joined the paluwagan because she was in dire need of
money because she issued an unfunded check and she
need the money to fund the check.

She told me that she will get the “pasalo slot” if she will
be the immediate receiver because she badly needed the
money. And because a paluwagan is based on trust and
confidence, I accepted her justification, agreed to make
her the third (3rd) receiver of the 65k paluwagan.

She was even pushing me to release the 65k as soon as


possible.

9. Q: Do you have any proof of your claim?


A: Yes Attorney.

I have a screenshot of our conversation showing that


she will join the paluwagan because she badly needed
the fund because she issued an unfunded check. I also
have a screenshot of our conversation where she was
pushing me to release the 65k to her even if the cash is
not yet available at that time.

Copies of the screenshot of Ms. Gil and Ms. Miranda’s


conversation is attached hereto as “Annex B”

10. Q: When did Ms. Miranda received the proceeds of the said
paluwagan?
A: For the 65k paluwagan, she was able to receive the said
amount on February 23, 2023

For the two (2) slots of 30k paluwagan, she was able to
receive the first Php30,000.00 on December 2022 and
the other Php30,000.00 on January 2023
17. Q: Do you have any proof of Ms. Miranda’s receipt of these
amount from you?
A: Yes, Attorney. I have screen shot of the GCASH money
transfers I sent to the GCASH number of Ms. Miranda
for the two (2) slots of Php30,000.00 paluwagan.

For the Php65,000.00, it was received on February


2023 by her aunt in their store (Marc & Joni Motozone)
in Argao proper because Ms. Miranda was on her way
to Negros at that time. I have here the picture of the
money which was received by Ms. Miranda’s Aunt.

Copies of the GCASH fund transfers to Ms. Miranda and


a copy of the picture of Ms. Miranda’s aunt receiving the
Php65,000.00 are attached herewith as “Annex C” and
“Annex D” respectively.

18. Q: So Ms. Miranda was chosen via “roleta”?


A: No. Ms. Miranda became the 3rd receiver of the 65k
paluwagan, not because she was chosen via “roleta” but
because it was given as a special consideration. She
requested for it because she was in DIRE NEED of
money because of her unfunded checks issued to a
creditor and she was even threatening or blackmailing
me that she will rant in the group chat regarding the
“special consideration” that I have given her, if I will not
be able to send her the money within that day, January
19, 2023.

A screenshot of Ms. Gil and Ms. Miranda’s conversation


is attached herewith as “Annex E”.

19. Q: What happened after you released the three (3)


amounts to Ms. Miranda?
A: Because of trust and confidence, I released a total of
ONE HUNDRED TWENTY-FIVE THOUSAND PESOS
(Php125,000.00) to Ms. Miranda, however, on March 5,
2023, she restricted me in her Facebook account after
several repeated follow-ups for her to pay the monthly
contribution for the one (1) slot 65k paluwagan and two
(2) slots 30k paluwagan.

Several private messages (PM in brevity) were sent to


her messenger account however, Ms. Miranda is no
longer responding to my PMs or my text messages.

20. Q: What happened next?


A: I told the other members of our paluwagan that the
amount for collection could not be completed because
Ms. Miranda refuses to pay the agreed monthly
contribution after receiving her full share. Several
members of the paluwagan were also making a follow-
up to her in our GC and were sending her private
messages as well.

Screenshots of the reactions and follow-ups of other


members to Ms. Miranda is attached herewith as “Annex
F”.

21. Q: Can you tell me how did the other members of the
paluwagan reacted?
A: The members were telling Ms. Miranda to pay the
agreed contribution. The members said that Ms.
Miranda should stop arguing and instead pay the
agreed amount, to quote:

“Cge na dam @Joni Angelei Miranda dli nta maglalis Ani


woe nagpakaulaway namu sa wall..bayad ra gyud nmu
ana ang tambal..total ing bunot bisan kensa
makadawat.. dli na problema nmu”

“Ug katong mabunutan automatic gyud na mohatag oras


ting bayad dili palugit ug taman kay obligasyon mn
nakadawat na man naunsa gyud..”

“Mao gane bisan unsa page na diha..obligasyon nato


mohatag samot na nabunotan ta”

“Bisan gi unsa pa nap ag tuwad2x diha.. ug unsa pa


nanag gipang sabot2x.. aw bayad gyud ta walay
kusmod mao ra man na gud..”

“Bayad ra gyud unta pero daghan na naabtan”

22. Q: How did Ms. Miranda reacted to these messages and


comments from your paluwagan members?
A: Ms. Miranda took the comments negatively and got
angry to me.

23. Q: How did you know that Ms. Miranda got angry with
you?
A: On March 30, 2023 at exactly 9:28 AM, Ms. Miranda
posted a live streaming video in her facebook account.

24. Q: What was the content of her live video?


A: She was making fun of me, she was body-shaming me
calling me tambok or lechon kawali. She was mocking
me in her live stream and said that my brain is as small
as an anchovy unlike her. And she was circulating
malicious and baseless accusations against me with the
intent of ruining my reputation, my name and my
business. She was telling false stories and accusations
that I have been using the cash collected to my
personal expenses. She cannot understand the fact that
every collection, the amount collected would go to the
corresponding member based on the schedule. And I
have the appropriate evidences to prove that the
members are receiving the collected amount based on
schedule. She was even spreading false allegations that
I have committed “syndicated estafa” and that what I
am doing is a modus operandi where I do patterns of
criminal behavior with the intent of committing
fraudulent behaviors.

This live video was witnessed online by 5,500 viewers


with multiple shares in various public sites and pages.

A copy of the live stream video dated March 30, 2023 at


9:28 AM with 5,500 viewers is attached to this Judicial
Affidavit as “Annex G”.

25. Q: How did you know that she was referring to you in her
live stream?
A: She accidentally mentioned my name three (3) times in
her live stream. My name was mentioned during the
following time frames for easier referencing:

(1)30:02, to quote:
“Hoy nangita si Jhona nimo?” x x x “Hoy
namention nako iya name” x x x “Hoy, nangita si
tambok nimo, unsa ba, si lechon kawali nimo”

(2)38:52, to quote:
“pag martes, nagmessage na si Betchie nako na
nangita daw si Jhona nako” x x x

(3)54:20, to quote:
“karon kuno ko kataw-e Jhona” x x x “Di gyud
taka lung-an hangtod dili ka masulod ug
prisuhan, timan-e gyud na” x x x

26. Q: What else are contained in her video?


A: In relation to my answer in Q19, she admitted in this
same video that she purposely restricted me in her
facebook account. It can be heard in 30:12 minutes of
the same video.

27. Q: Any other relevant admissions stated on the video?


A: Ms. Miranda also admitted in 35:08 minutes and in
44:20 minutes of the same video that her intention is to
receive the full amount on her one (1) slot 65k
paluwagan and (2) slots 30k paluwagan but she DO
NOT INTEND and has NO INTENTION to pay the
agreed monthly contributions to the prejudice of all
the members of the paluwagan. [emphasis supplied]
To quote:

35:08 minutes
“Ang akoa ra target is dawaton nako ang akoa para dili
maglabad ang ako ulo. Ang 30k is slot number 7, sa 70k
is slot numer 4, I think”

44:20 minutes
“Sorry sa tanan nako ka-GC, YES, dili nako mutiwas ug
bayad, dili nako iuli ang ako nadawat”

To correct Ms. Miranda, she was able to receive the two


(2) slots of 30k paluwagan amounting to Php60,000.00
via slot number 3 and slot number 5. The
Php65,000.00 paluwagan was received via slot number
3, therefore summing up the amount actually received
by Ms. Miranda to Php125,000.00. And she verbally
admitted in her live stream that she has no intention to
continue paying the agreed monthly contribution and
she do not intend to return the money that she has
received from the collected contributions of all the
members of the paluwagan.

This admission created a doubt to the other members of


the paluwagan. The money that Ms. Miranda received
was released to her, with trust and confidence that she
will continue paying the agreed monthly contribution
until all the members are able to receive their share of
the paluwagan. That same money was the collected
monthly contributions from all the members of the
paluwagan.

28. Q: Do you have anything else to say?


A: Yes Attorney. Aside from the fact that she admitted that
she has no intention to pay for the actual received
amount, she has also instigated and persuaded other
members of all my paluwagan to cancel and ask for full
refund on their contributed amount. She is even
inciting other members to file a case against me. She is
continually brain washing some members of the various
paluwagan to turn their back against me.

29. Q: Do you have any evidences to prove your claim?


A: Yes, Attorney. I have several screenshot of the
conversation that she had with some of the members of
my paluwagan.

This incident has affected me and my family so much. I


have to sell all my properties in order to refund the
amount contributed by the members who believed in
her false and baseless accusations, even though the
amount collected is not in my hands and was already
released to another member. This incident also caused
so many sleepless nights and anxiety not just to me but
to my family and friends as well.

Screenshots of the conversation is attached herewith as


“Annex H”

30. Q: After hearing everything, do you have anything else to


add?
A: None as of the moment but I will inform the court once
I do so.

IN WITNESS WHEREOF, I hereunto set my hand this ____ day of


April 2023 at Cebu City.

JHONAMAE LIBRES GIL


Affiant

SUBSCRIBED AND SWORN TO BEFORE ME a notary public in and


for Cebu City this __day of April, 2023.

NOTARY PUBLIC
Doc. No. _____;
Page No. _____;
Book No. _____;
Series of _____.
Republic of the Philippines )
Cebu City )

ATTESTATION

I, ELLAINEVIEVE D. RAMIREZ, of legal age, Filipino and with


postal address at Zone 6, St. John Street, Hermag Village, Basak,
Mandaue City, after having sworn to in accordance with law, hereby
depose and state THAT;

1. I am the lawyer who conducted the Judicial Affidavit of


JHONAMAE LIBRES GIL;

2. I faithfully recorded or caused to be recorded the questions I


asked JHONAMAE LIBRES GIL and the corresponding
answers she gave me, and neither I nor any other person then
present coached JHONAMAE LIBRES GIL regarding her
answers;

3. The examination was done at my office at Zone 6 St. John,


Hermag Village, Mandaue City;

4. That I execute the foregoing to attest to the truthfulness of the


foregoing facts and for whatever legal purpose this may serve.

Atty. ELLAINEVIEVE D. RAMIREZ


Roll No. 67449

SUBSCRIBED AND SWORN TO BEFORE ME a notary public in and


for Cebu City this __day of April, 2023.

NOTARY PUBLIC

Doc. No. _____;


Page No. _____;
Book No. _____;
Series of _____.

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