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REPUBLIC OF THE PHILIPPINES

xxx Judicial Region

REGIONAL TRIAL COURT

Branch No.

Civil Case No. Xxx

PEOPLE OF THE PHILIPPINES,

Plaintiff,

- versus –

For: THEFT: SHOPLIFT

EL VINCENT ALLONES GRANADA (DETAINED)

Defendant.

x---------------------------------------------x

JUDICIAL AFFIDAVIT

(Rule on Judicial Affidavit,

A.M. No. 12-8-8-12, September 4, 2012)

I. PRELIMINARY INFORMATION.

NAME AND OTHER PERSONAL CIRCUMSTANCES OF THE WITNESS.

Name : HD ALDWIN ALLEGO CASTRO

Age : 40;

Address : 111 UYTENGSO St., CEBU CITY;

Occupation : GROCERY STORE WATCHER;

Language : English and Tagalog.

LAWYER WHO CONDUCTED OR SUPERVISED THE EXAMINATION OF THE WITNESS.

Name : Atty. Mark Andrew Y. Tan

Address : Tan Law Office, Capitol Cebu City

Place of Examination: Tan Law Office, Capitol Cebu City


II. OFFER.

The testimony of the witness HD ALDWIN ALLEGO CASTRO is being offered to prove the:

1. The identity of the movable property subject matter of this case;

2. The acts of the respondent constituting theft

5. The identity of the plaintiffs ;

6. The identity of the defendant;

7. The legal bases for the claim/prayers of the plaintiffs.


III. JUDICIAL AFFIDAVIT PROPER.

I, HD ALDWIN ALLEGO CASTRO, 40 years old, married, Filipino, and residing at 111 UYTENGSO St., CEBU
CITY, under oath, depose:

QUESTION 1 – Please state your name, age, residence, and occupation of the witness.

ANSWER 1 – I, HD ALDWIN ALLEGO CASTRO, 40 years old, married, Filipino, and residing at 111
UYTENGSO St., CEBU CITY, WORKING AS A GROCERY STORE WATCHER AT SAVEMORE, E-MALL, LEON
KILAT STREET SANCIANGKO STREET, CEBU CITY

Q- Why are you here now?

A – To give a sworn statement by way of a judicial affidavit, the same to constitute as my direct testimony,
in the above-captioned criminal case.

Q- For the record, please state the name and address of the Lawyer who is now conducting or
supervising your examination and the place where the examination is being held now?

A – The legal counsel for the plaintiff, Atty. Mark Tan., is conducting or supervising my examination now
at his law office (Mark Tan Law Office) located at:

Capitol Building, Capitol site Cebu City.

Q – In what language do you want your examination to be conducted?

A – This judicial affidavit is prepared in English.

But I prefer that my cross examination be conducted in Bisaya for my convenience and for clarity.

Q – Do you undertake to answer the questions to be asked of you, fully conscious that you will do so
under oath, and that you may face criminal liability for false testimony or perjury?

A -Yes.

6. Q– Let us now proceed to the Complaint. How did you meet the Respondent?
A – On July 20, 2017, he shopped at , E-MALL, LEON KILAT STREET SANCIANGKO STREET, CEBU CITY

7. Q - Why are your testifying in this case?

A – I am testifying as a witness to the act of theft or shoplifting in my employer’s place of business

11. Q - Are you familiar with the movable property subject matter of this case?

A- Yes. It is a pair of socks we recovered from him.

8. Q – What reliefs do you seek from the Court?

A – We seek the following reliefs:

a. A criminal charge for the act of theft punishable under the Revised Penal Code

b. The award of the following damages based on the provisions of ABUSE OF RIGHT and TORT or
QUASI DELICT, pursuant to Articles 19 and 20 (abuse or right) in relation to Articles 2176 (tort/quasi
delict) and Title XVIII (“Damages”) of the Civil Code, to wit:

d.5. Costs of suit.

44. Q – What documents do you wish to submit to the Court?

A – We hereby reiterate our “EX PARTE MOTION TO INSTRUCT THE BRANCH CLERK OF COURT TO MARK
THE COMMON EXHIBITS”, dated xxx, 2015, and support of our earlier “EX PARTE MANIFESTATION
(ADOPTION OF SELECTED DEFENDANT’S EXHIBITS AS PLAINTIFFS’ COMMON EXHIBITS)”, dated xxx, 2015,
we, by counsel, manifested to the Court that we were ADOPTING as COMMON EXHIBITS the following
exhibits previously introduced by the defendant Xxx which were attached to the Judicial Affidavit of the
first witness for the defendant Xxx in the person OF HD ALDWIN ALLEGO CASTRO xxx, to wit:

“X x x.

1. As Exhs. “A” to “A-5” for the plaintiffs - Exh. “1” to “1-E” of the judicial affidavit, i.e., Affidavit of
Witness HD ALDWIN ALLEGO CASTRO

2. As Exhs. “B” to “B-4” for the plaintiffs - Photograph of the evidence.X x x.”

47. Q- Anything else?


A - Yes.

I hereby adopt into this judicial affidavit, by incorporation and reference, all the allegations and
arguments contained in our Complaint and all the supporting documents annexed thereto, the same to
form part and parcel hereof.

48. Q - Anything else?

A – Yes.

I hereby manifest that during the main trial of the merits of this case, we, the plaintiffs, intend to file
a motion for questioned document and handwriting examination by the National Bureau of Investigation
(NBI) of all questioned documents and signatures involved in this case, as discussed above.

I further manifest that, during the trial on the merits of this case, we intend to present additional
corroborating witnesses to prove our claims and prayers in the Complaint.

Nothing Follows.

Cebu City, November 30, 2015.

HD ALDWIN ALLEGO CASTRO

Affiant/Co-Plaintiff

SUBSCRIBED and sworn to before me in Cebu City, this 30th day of November 2017, affiant showing
his/her competent proof of identity, to wit: Comelec VIN 111111111.

Notary Public

Doc. No. __

Page No. __

Book No. __

Series of 2015

SUBSCRIBED and sworn to before me in xxx City on xxx _____, 2015, affiant showing his/her
competent proof of identity, to wit: SSS Member ID No. xxx.
Notary Public

Doc. No. ___

Page No. ___

Book No. ___

Series of 2015.