Lea Madelon G.

Becerro
Legal Techniques and Logic

Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES
Branch 1
Surigao City

People of the Philippines,

Plaintiff Criminal Case No. 12-1678

-versus-
For: Slight Physical
Injuries

MARIVIQUE TOLIDO BANSON

Accused.
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JUDICIAL AFFIDAVIT

I, Marivique Banson, of legal age, married, Filipino and a

resident of Sitio Bacod, Barangay Luna, Surigao City, accused in this
case state under oath as follows:

PRELIMINARY STATEMENT

The person examining me is Atty. Alan G. Benemerito, a Public

Attorney at the Public Attorney’s Office, Surigao City/del Norte
District, Capitol Road, Surigao City where the examination was
conducted. I am answering his questions fully conscious that I do so
under oath and may face criminal liability for false testimony and
perjury.

QUESTIONS AND ANSWERS

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 1. Q: Do you swear to tell the truth, the whole truth, and nothing
but the truth in this investigation?
A: Yes, sir.

2. Q: Do you understand that the testimony you will give today is

under oath; you may face criminal liability for false testimony or
perjury?
A: Yes, sir.

3. Q: Can you still remember what happen last Oct 19, 2012 at
more or less 6 o’clock in the evening?
A: Yes, sir.

4. Q: What happen that time?

A: I was riding a tricycle going to Kaskag, Surigao City in order to
go to the house of Mother Juliana.

5. Q: What happened next?

A: When I reached the corner of Kaskag Ortiz Street, I
disembarked from the tricycle, and I saw the vehicle owned by
Ramon Tuazon which was parked near Homebasic Hardware
located in Kaskag. I saw Ramon disembarked from his vehicle and
I called his attention however, it seems he was not able to hear
me.

6. Q: What did you do next?

A: I headed towards him to cross the road but he went away.

7. Q: Where is he going?
A: Going inside the interior of Kaskag.

8. Q: Then what did you do next?

A: I decided to wait for him at the place where his vehicle was
parked, in order to confront him of his promise regarding
monetary consideration as a result of an incident wherein he
struck me with a tire jack holder hitting me on the left side of my
head.

9. Q: Why did he strike you?

A: Because I ask him to pay his loan to me.

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10. Q: What happened next?
A: When I was standing beside the vehicle, I noticed somebody
opened the front seat door of the vehicle, I noticed somebody
opened the front door of the vehicle and I saw Riza Resota went
outside the car.

11. Q: What happened next?

A: Riza suddenly slapped my face twice and said “What are you
doing in my car?” I was shocked because she suddenly slapped
me.

12. Q: What did you do next?

A: I ask her “Is this your car?” but then she again slapped me.

13. Q: What happened next?

A: At this moment, I defend myself since she was continuously
slapping me so I parry her actions I was merely defending myself
from her continuous attack through my hands as well because I
was afraid.

14. Q: What happened next?

A: Policeman suddenly arrived and since Riza was still attacking
me, the policeman pacified us by taking me away from Riza, but
still Riza wanted to attack me.

15. Q: What happened next?

A: When I was a distant away from RIZA, the policeman asked
Riza “what were you fighting?” then Riza answered “she put black
candles and wood inside our car.”

16. Q: What was your response if any?

A: I said I did not do that.

17. Q: What happened next?

A: When Riza heard me, she again tried to attack me and so the
policeman handcuffed me and brought me to the Sabang Police
Station.

18. Q: In Sabang Police Station what happened if any?

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 A: I requested them to have my medical check-up to Caraga
Hospital.
19. Q: What happen during the medical check-up?
A: I was examined by the Doctor. The Doctor prescribed a
medicine for me. Then we went back to jail with the policeman.

20. Q: Do you have medical certificate to prove that you went to the
hospital for medical treatment?
A: Yes, sir.

21. Q: Do you intend that it form part of your judicial affidavit?

A: Yes, sir.

22. Q: How many days you were in jail?

A: One day, sir. They let me out after my husband put a cash
bond. I was really shocked why there is already a case filed in court.

23. Q: Are you saying you are a victim of injustice here?

A: Yes, sir. I was merely asking for payment of loan, I was the
one struck in the head, I was the one slapped and attacked and now
I became the accused in this case.

24. Q: After you went out of prison what did you do?
A: I came back to Sabang Police Station to blotter the incident.

25. Q: Is this the same blotter you caused to be recorded?

A: Yes sir.

26. Q: Having identified the blotter, do you intend that it form part of
your judicial affidavit?
A: Yes sir.

27. Q: Do you have something more to say, add, or change to your

answers in this affidavit?
A: No more, sir.

Page 4 of 5
 MARIVIQUE TOLIDO BANSON
Affiant

SUBSCRIBED AND SWORN to before me this 23rd day of

October, 2013 in the City of Surigao, Province of Surigao del Norte,
Philippines, I hereby certify that I personally examined the affiant
and I am fully satisfied that he executed this affidavit freely and
understood the contents thereof.

ALAN G. BENEMERITO
Public Attorney I

ATTESTATION

I, Alan G. Benemerito, of Public Attorney’s Office, with office

address at PAO, Capitol Compund, Surigao City, Surigao del Norte,
Philippines, attest under oath as follows:

I personally conducted the interrogation of MARIVIQUE

TOLIDO BANSON.

I faithfully recorded or caused to be reorded the questions I

asked Mrs. Banson and the corresponding answers she gave me; and
neither I nor any other person then present or assisting me coached
her regarding her answers.

ALAN G. BENEMERITO
Affiant

SUBSCRIBE ABD SWORN to before me this October 23, 2013 in

the City of Surigao, Surigao del Norte.

SHELDON G. ESPARRAGO
Associate Prosecutor

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