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REPUBLIC OF THE PHILIPPINES

REGIONALTRIAL COURT
7th JUDICIAL REGION
BRANCH 5
CEBU CITY

PEOPLE OF THE PHILIPPINES,


Complainant,

CRIM. CASE NO. M-CEB-15-1234-CR


FOR: THEFT
-versus-

MARK GAVIOLA,
Accused.
x---------------------------------------------------x

JUDICIAL AFFIDAVIT

COMPLAINANT, JESPHUP GAVIOLASKI, by and through the


undersigned counsel, most respectfully submit this Judicial Affidavit and
states, that

PRELIMINARY STATEMENT

The person examining me is ATTY. JUAN M. TAMADS with


office address at Capitol Site, Cebu City, Philippines. The judicial affidavit
is being taken at the office of Atty. Juan M. Tamads. Witness gave his
answers voluntarily in response to the questions propounded by said
counsel, without coaching from any person. Witness further affirms that he
is fully aware that he is declaring his answers under oath, that any falsehood
in his answers can subject him to criminal liability for false testimony or
perjury.

OFFER OF TESTIMONY

The testimony of the witness is being offered to substantiate and


prove the allegations contained in the Information in the case People of the
Philippines vs. Mark Gaviola, docketed as Criminal Case No. M-CEB-15-
1234-CR, to prove that Accused, with intent to gain, did then and there
willfully, unlawfully, and feloniously take and steal the sum of TWENTY
THOUSAND PESOS (P20,000.00) from the drawer of herein complainant.

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DIRECT EXAMINATION PROPER

The following are the questions propounded by Atty. Juan M.


Tamads and my answers in English language, to wit:

1. QUESTION (Q): Mr. Witness, will you please tell the Honorable
Court your name, age, and other personal circumstances.
ANSWER (A): I am Jesphup Gaviolaski, 28 years old, a resident of
Cebu City Philippines and I am a lawyer by profession.

Q01: Do you personally know the accused in this case, Mr. Mark
Gaviola?
A01: Yes Sir.

Q02: Can you tell us why you personally know Mr. Gaviola?
A02: I am his employer, he is my secretary.

Q03: How long has he been working for you?


A03: For about a year already.

Q04: As the secretary, what are his duties and responsibilities?


A04: He receives and delivers documents. I also gave him access to the
drawers, vault and my cabinets in case I will need him to access the same in
my absence.

Q05: Where were you when the crime was committed?


A05: I was out for lunch at SM City Cebu after my hearing. I have access to
the CCTV camera I installed at the office in my cellphone via Wi-Fi. When I
checked on it, Mr. Gaviola was in the act of stealing money from my drawer.

Q06: What did you do then?


A06: I rushed to my office. Upon arrival, I went straight to my drawer to
confirm whether the money was missing. And, it was.

Q07: And then, what happened next?


A07: I accosted Mr. Gaviola and asked if he took the money. He strongly
denied the accusation.

Q08: How can you be sure it was him?


A08: Because aside from me, it is only him who has access to the drawer.

Q09: You mentioned that you saw him taking the money on your CCTV
Footage accessed in your cellphone via Wi-Fi. Did you not show him the
CCTV footage to prove your claim?
A09: No Sir.

Q10: Why did you not show him the CCTV footage?
A10: I did not show him to avoid any altercation.

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Q11: How did you deal with the incident then?
A11: I reported the incident to the Mabolo Police Station.

Q12: What did you do to support your allegations?


A12: I showed to them the CCTV footage in my cellphone.

Q13: What actions were taken by the police, if any?


A13: They went to my office to invite the accused for questioning.

Q14: Where is the location of your office?


Q14: My office is located at Hippodromo Street, Cebu City.

Q15: What transpired in the office?


A15: When the police officers entered the office, accused hurriedly ran out
of the office through the back door.

Q16: Did the police officers go after the accused?


A16: Yes, they chased him.

Q17: Were they able to catch up with the accused?


Q17: Yes Sir. They caught up with him.

Q18: How far from your office was the place of apprehension?
Q18: It was about 50 meters from my office. They caught him at the third
block going to the highway.

Q19: What happened after they caught up with the accused?


A19: The accused was arrested and brought to jail at the Mabolo Police
station.

Q20: Were you present during the arrest?


A20: Yes sir. When the police officers gave him a chase, I went after them.
Upon the arrest, the accused was informed by the police officers of his rights
under the constitution.

Q21: I have no further questions. Do you have anything to add or


retract, Mr. Witness?
A21: No sir.

Q22: Why do you now come before this court?


A22: I come before this Honorable Court to attest to the truth of all the
foregoing and for purposes of testifying against the Accused for the crime of
Theft.

IN WITNESS WHEREOF, I have hereunto affixed my signature


nd
this 2 day of February, 2017 at Cebu City, Philippines.

Jesphup Gaviolaski
AFFIANT

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SUBSCRIBED AND SWORN to before me, this 2nd day of
February 2017 in the City of Cebu Philippines, affiant exhibiting to me his
Community Tax Certificate.

Doc no. 13; JUAN M. TAMADS


Page no. 20; NOTARY PUBLIC
Book no.10; Cebu City Until December 2018
Series of 2017. Notarial Commission no. 075-17
Roll No. 76890
PTR No. 6579387/December 15, 2015/Cebu
IBP No 863829/December 20, 2015/ Cebu
MCLE No. III 0001513

ATTESTATION CLAUSE

I, JUAN M. TAMADS, after having been duly sworn to in


accordance with law do hereby depose and say:

1. That I have faithfully recorded or caused to be recorded the


questions I asked and the corresponding answers that witness,
Jesphup Gaviolaski, gave;
2. That I have not, nor any other person present or assisting coached
the witness regarding the witness` answers; and
3. That I fully understand that any false attestation shall subject me to
disciplinary action, including disbarment.

IN WITNESS WHEREOF, I have hereunto affixed my signature this


nd
2 day of February 2017 at Cebu City, Philippines.

ATTY. JUAN M. TAMADS


Counsel for Complainant

SUBSCRIBED AND SWORN to before me this 2nd day of


February 2017 at Cebu City Philippines.

Doc no. 18; JIM T. NASIUM


Page no. 10; NOTARY PUBLIC
Book no. 5 ; Cebu City Until December 2018
Series of 2017. Notarial Commission no. 079-16
Roll No. 68893
PTR No. 8576187/December 11, 2015/Cebu
IBP No. 763849/December 17, 2015/ Cebu
MCLE No. IV 0001935