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REPUBLIC OF THE PHILIPPINES

Municipal Trial Courts in Cities
FIRST JUDICAIAL REGION
BRANCH I
Baguio City
DAVIELANE BANATAO-MARQUEZ,
Plaintiff,
-versus-

Civil Case No. 30652-A
For:
Damages

GOODTASTE BAGUIO CITY.
Defendant.
x-----------------------x
JUDICIAL AFFIDAVIT OF WITNESS FOR THE PLAINTIFF
ALDRIN MARQUEZ ON DIRECT EXAMINATION
COMES NOW DAVIELANE BANATAO-MARQUEZ, unto this
Honorable Court, in support of the above entitled complaint respectfully
states that:
1.

The herein affiant-witness DAVIELANE BANATAOMARQUEZ, is of legal age, married, and a resident of #36
Aurora Hill, Baguio City, Philippines;

2.

Atty. JEREMIAH JEROME R. CRUZ is the lawyer who
conducted and supervised the examination of said affiantwitness whose testimony was taken and held at his law office
located at #36 Laperal Building, Session Road, Baguio City

3.

The affiant-witness is answering the questions asked of him
fully conscious and that he does so under oath, and that he may
face criminal liability for false testimony or perjury, and hereby
declares under solemn oath that:
I, DAVIEDALE BANATAO-MARQUEZ, of 32 years
of age, employee, Filipino citizen, married, and with residence
at #36 Aurora Hill, Baguio City, Philippines, executes this
Judicial Affidavit, the contents of which were explained to me
in English, a dialect that I know, speak and understand. I am
fully aware that I am answering the questions asked of me
under oath and any untruthful statement that I make thereon
may subject me to a criminal prosecution for perjury or giving
false testimony. Answering truthfully, I hereby state that:

MARIANO MARQUEZ and MARIA MARQUEZ.. Will you now tell us who the defendant is in this case..WITH THE KIND PERMISSION OF THE HONORABLE COURT: 1. A: 3. sir. Will you tell me how you are related to the plaintiff in this case. and our house helper NELLY BASCO. Q: A: 5.. Incorporated. mister witness. sir.. Good morning. the fastfood where the Buttered Chicken that caused the food poisoning of my family was bought from. 2016 up to the next day January 02. Q: A. 2016. 2 . Q: A: Will you tell me why your family suffered food poisoning and you did not? My family suffered from food poisioning and I did not because I did not eat any of the Butteredchicken that was bought from Goodtaste that evening of January 02.. my two children. 8. 2016. Q: A: 4.. 2. Q: When you tell me that your family suffered from food 9. is that correct? Yes. Q: You mentioned that you are DAVIEDALE BANATAO MARQUEZ. sir. The plaintiff ALDRIN MARQUEZ is my husband. The defendant is Goodtaste Baguio. Q: A: Good morning mister witness. sir. Q: A: 6. 7. Q: A: Did you yourself suffer food poisioning as well? No sir. sir. if you know. sir. Can you now tell me when did your family suffer from food poisoning caused by the Buttered chicken bought from Goodtaste.. mister witness? My family suffered from food poisoning after eating the Buttered Chicken in the evening of January 01. Will you tell us who are the members of your family who suffered from food poisoning caused by the Buttered Chicken bought from the Good taste? The members of my family who suffered from food poisoning after eating the Buttered Chicken that was bought from Goodtaste are my husband.

if you know? It was the Butteredchicken on Goodtaste they ate. If you did not eat the Chicken what then did you eat in the evening of January 02. Q: A: How about your son MARIANO? My son ate dinner out and had a piece of the Buttered Chicken he brought home. Q: A: How about your daughter MARIA? My daughter ate hototay. 17. Will you tell me what was the cause of the poisoning of your family. what were the symptoms of this food poisoning you observed your family suffered from. and diarrhea. 18. 16. How did you feel during that time you were taking care of your family mister witness? At that time I was so preoccupied in taking care of family I did not have any time to feel anything sir. and these are the symptoms of food poisoning. siomay. Q: A: What did your husband Aldrin Marquez eat? He ate the Buttered Chicken and nothing else. Q: A: 12. So what did you do when you saw your family suffering from food poisoning. sir. all I wanted is for my family to overcome and survive the condition they were suffering from. sir. and I was well because I did not eat the Chicken. 2016? I ate rice and the siomai and hototay soup that was cooked at home sir.. Q: A: Poisoning. sir. vomiting. Q: A: 13. mister witness? I did my best to take care of all of them sir. Q: How about your house helper NELLY? 3 . 15.. mister witness? After my family ate the cake my family suffered from a combination. Q: A: 11. What makes you say that it was the Buttered Chicken from Goodtaste that caused the poisoning of your family? It was the Buttered Chicken Goodtaste that caused the poisoning of my family because they ate the cake and suffered food poisoning.A: 10. sir. sir.. rice and the Buttered Chicken . Q: A: 14. succession and/or series of nausea.

21. Philippines. No _____ Page No._____ Book No. sir. mister witness? None. Session Road. 1-9-12/Baguio City Roll of Attorney No. Q: A: Will you voluntarily sign this Judicial Affidavit? Yes I will. A: 20. even if my family had gotten through the painful experience we still do not know the long term effects of the poisoning caused by the Brazo De Mercedes cake they sold my family. A: What do you want Goodtaste to do to repair the damage caused to your family? My family’s life was put in the balance because of the negligence of the defendant._____ Series of 2016 Notary Public Until December 31. 2016. by the affiant DAVIELANE BANATAO-MARQUEZ in the City of Baguio.. affiant is personally known to me.. 101114. Q: What would you like to tell Goodtaste regarding the incident of food poisoning your family suffered from? I would like to tell Goodtaste to be very careful with the products they sell out to the public. 1-9-12/ IBP Lifetime Membership No 082456. 2018 Unit 3C. DAVIELANE BANATAO-MARQUEZ Affiant SUBSCRIBED AND SWORN to before me. Baguio City (074) 422-3287/ 09158481792 PTR No. 22-NC-11 (R) TIN: 922-596-439 4 . I want no less than a public apology from Goodtaste. Commission Serial No. A: Our house help ate hototay. RD 23 Q: IN WITNESS WHEREOF. siomay. 108083. this 23rd day of April 2016. I have hereunto affixed my signature this day of April. Doc. rice and the Buttered Chicken. 22.. Porta Vaga Building. sir.19. sir. 3rd Floor. sir. Q: A: Is there anything you would like to add. Philippines. in the City of Baguio.

I faithfully recorded or caused to be recorded in his judicial affidavit the questions asked of her and the corresponding answers he gave thereto. and sent to the Counsel for the Defendant by mail considering the time constraints and the distance involved. KEVIN GUMPAD. 3. IN WITNESS WHEREOF. JEREMIAH JEROME R. of legal age. Philippines. NOTARY PUBLIC Doc. Upper Session Road. 654-000-245 Copy furnished: Atty. Philippines by the affiant who exhibited to me IBP Identification Card with roll number 742784. 3RD Floor Laperal Building. ATTY. CRUZ SUBSCRIBED AND SWORN to before me this 23RD day of April. CHRISTINE JOY D. Baguio City (074) 442-9302 / 09939589201 TIN No._____ Series of 2016. Philippines. neither I nor any other persons present or assisting me in the examination coached her regarding her answers. under oath attest that: 1. 4th Floor.LAWYER’S ATTESTATION I. 2. Filipino citizen and with office address at Room 3. 38492 / 1-4-16 / Baguio City Roll of Attorney No. KEVIN GUMPAD Counsel for the Defendant. No. 3b Laperal Building. I am the lawyer who propounded the questions on direct examination of the witness DAVIELANE BANATAOMARQUEZ. JEREMIAH JEROME CRUZ. Session Road Baguio City EXPLANATION The foregoing Judicial Affidavit was filed in court. PRESTOZA PTR No. I have hereunto set my hand this 23 RD day of April. III-006 / 1-10-16 Room 201. _____ Book No. Session Road. 2016 in the City of Baguio. ( An advanced copy of the foregoing pleading was sent to Atty. In the course of asking her questions. Baguio City. 2016 in the City of Baguio. _____ Page No. 68352 / 1-4-16 / Baguio City IBP Lifetime Membership No. POA Building. 03923 / Baguio-Benguet MCLE Compliance No. counsel for the defendant by the LBC next day door to door delivery service) 5 .