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Republic of the Philippines

REGIONAL TRIAL COURT


11th Judicial Region
Branch 2
Tagum City

THE PEOPLE OF THE PHILIPPINES CRIM. CASE NO. 11269-3-2017


Plaintiff, FOR: QUALIFIED THEFT

-versus-

KENNERLY ALBERT MALINAO,


Accused.
x----------------------------------------/

Republic of the Philippines)


City of Tagum. . . . . . . . . . .)s.s.

JUDICIAL AFFIDAVIT OF KENNERLY ALBERT MALINAO

I, KENNERLY ALBERT MALINAO, Filipino, 26 years old, a resident of


Tagum City, after having been sworn to in accordance with law
hereby depose and state that:

The person examining me is Atty. Yollaine Concepcion Galias,


with the Office at 2nd Floor, Bibu bldg.., Liwayway St., Tagum City,
Davao del Norte. I am answering her voluntarily, to the best of my
knowledge and fully conscious that I do so under oath and may
face criminal liability for false testimony and perjury.

Oath: Do you swear to tell the truth and nothing but the whole
truth?
Answer: Yes.
Q1: What is your name, age, occupation, civil status and address?
A1: I am Kennerly Albert Malinao, 26 years old, married, Filipino and
a resident of Doctolero Avenue, Magugpo East, Tagum City. I
am salesman at BS Gadget Merchandising located in Rizal St.,
Tagum City.

Q2: Why do you execute this judicial affidavit?


A2: I execute this affidavit in order to deny or rebut any charges or
accusation against me by private complainant Bai Sora
Lumanog.

Q3: Can you narrate what happened at about 6 oclock onwards on


August 14?
A3: yes. On that day, private complainant left me the keys of the
establishment and ordered me to lock and secure all the
merchandise therein. After that, she left me alone in there. As
what she ordered, I locked and secured the establishment.

Q4: Do you happen to know a certain Ma. Gloria Arafol?


A4: Yes. She is a saleslady of a nearby establishment. Iwe used to eat
together in a nearby eatery together with our other co-workers
since it is the only affordable store within the Rizal Street.

Q5: Can you narrate what happened when you saw Ma. Gloria that
night?
A5: Yes, I was going to deliver some goods that time when I saw
Gloria that night. I have a part-time job of selling online goods
and so I only do the delivery after my work at BS Gadgets. The
goods that I was going to deliver are in my backpack. Since I
will be having a meet up at Robinsons Mall at exactly 8 pm, I
hurriedly called for a taxi in order to make it on time.

Q6: What incident happened after that, if there is any.

A6: later that night after I ate my dinner, I experienced a terrible


stomachache to the point that I continuously vomit. The day after
that night, I was so weak that I cannot move my body. And so I
decided not to go to work since I am so weak that day.

Q7: Do you have anything to add?

A7: No ma’am.

IN WITNESS WHEREOF, I have hereunto set my hand this 4th day of


September, in Tagum City, Philippines.

KENNERLY ALBERT MALINAO

Affiant

SUBSCRIBED AND SWORN TO before me this 4th day of


September, 2017 in Tagum City, affiant exhibiting to me his Driver’s
License No. DO12-31-716314 released by the Land Transportation
Office as competent proof of identity.

Doc. No.: ___;


Page No.: ___;
Book No.: ___;
Series of 2017.

ATTESTATION

I, YOLLAINE CONCEPCION GALIAS of legal age, married, Filipino


and with office address at 2ND Floor, Bibu Bldg, Liwayway St.,Tagum
City, Davao del Norte, Philippines, under oath hereby depose and
attest, that;

I personally conducted the examination/interrogation of


KENNERLY ALBERT MALINAO of Tagum City, accuse in CRIMINAL
CASE NO. 11269-3-2017 before the Regional Trial Court, Branch 2, of
Tagum City.

I faithfully recorded the questions I asked of Mr. Malinao and


the corresponding answers he gave me. Neither I nor any other
person then present coached Mr. Malinao regarding her answers.

YOLLAINE CONCEPCION GALIAS


Affiant

SUBSCRIBED AND SWORN TO before me this 4TH DAY OF


September year 2017, affiant having exhibited to her IBP
Identification Card with Roll of Attorney No. 123456.

Doc. No.: ___;


Page No.: ___;
Book No.: ___;
Series of 2017.