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MINDANAO ARTS AND TECHNOLOGICAL INSTITUE

KNOWLEDGE . SKILLS . DISCIPLINE


DEPARTMENT OF CRIMINAL JUSTICE SYSTEM

4TH YEAR CRIMINOLOGY

COMPLIANCE of the subject


CRIMINAL LAW AND JURISPRUDENCE 5
(Court Testimony)

JUDICIAL AFFIDAVIT

EVASION OF SERVICE
OF SENTENCE

SUBMITTED BY:

CABALLERO, CHRISTOPHER J.
CALAGO, JHOSIE GLIND B.
FULGENCIO, JOEMAR C.
VALERA, EDMON D.

SUBMITTED TO:
ATTY. JOAN MAE T. DICHOSA, R.C.
INSTRUCTOR
Republic of the Philippines
REGIONAL TRIAL COURT
Branch 8
Malaybalay City, Bukidnon

PEOPLE OF THE PHILIPPINES,


Complaint
CRIM. CASE NO. 11002-18

-Versus- FOR:

EVASION OF SERVICE OF SENTENCE


JHOSIE GLIND B. CALAGO,
Accused.

JUDICIAL AFFIDAVIT OF CHRISTOPHER J. CABALLERO

PRELIMINARY STATEMENT

This Judicial Affidavit was taken by Atty. Edmon D. Valera at his


office in Malaybalay City on June 20, 2016 during which witness was
informed and counsel was satisfied that he understood the question
profound upon his in the English dialect that the witness fluently spoken
and understood, and the answers also given in the same dialect. The
witness understood fully that he is under oath fully obligated to tell the truth
and nothing but the truth and that further understood that he may face
criminal liability for false testimony and perjury.

PURPOSE OF OFFER

This Judicial Affidavit is formally offered to prove the elements of the


crime of Evasion of Service of Sentence and further prove that the Accused
Jhosie Glind B. Calago committed this crime.

PRELIMINARY QUESTIONS

Q: Kindly please state your name, age, occupation, educational


attainment and other circumstances to further identify yourself.

A: I am Christopher J. Caballero, 40 years of age, a Jail Warden,


Graduated as Bachelor of Science in Criminology at Mindandanao
Arts and Technological Institute, and I am residing at Zone 4,
Casisang, Malaybalay City, Bukidnon.

Q: When did you graduated as Bachelor of Science in Criminology?


A: I graduated my Degree on March 2000.

Q: Where did you assigned as Jail Warden?

A: At Sitio Natid-asan, Barangay Casisang, Malaybalay City,


Bukidnon.

Q: How long have you work as Jail Warden?

A: 18 years since I passed the examination as jail officer.

Q: What is your job description as jail warden?

A: As prison warden I seeks to maintain the fair and safe operation of


the prison at all times. I enforces rules, regulation, policies and laws
regarding incarceration and employee conduct, and maintains
records of infractions by staff or inmates.

Q: Is this your first time to testify in court?

A: No, This is not my first time.

Q: How many times you have testified in court?

A: This is my 26th times to appear and testified in court.

Q: What were you asked to do in relation to this case?

A: As head of Penal establishment I was asked to state my


knowledge about the escape of Jhosie Glind B. Calago.

Q: When and where did Jhosie Glind B. Calago Escape?

A: On November 22, 2009 at Sitio Natid-asan, Casisang, Malaybalay


City, Bukidnon.

Q: How can you determine that he violates the “EVASION OF


SERVICE OF SENTENCE”?

A: During the evasion of Jhosie Glind B. Calago he was


convicted by final Judgment for the case of “ARSON”. In his
case he is fall into the elements of “EVASION OF SERVICE OF
SENTENCE”. That the penalty is imposed by final judgment;
that convict evaded the service of the sentence by escaping
during the term of his sentence; That the convict who had
escaped from prison has not given himself up, or been
captured, or gone to a foreign country with which we have no
extradition treaty, or committed another crime; The penalty has
prescribed, because of the lapse of time from the date of the
evasion of the service of the sentence by the convict.

Q: Do you have anything to add in your statement?

A: Nothing at this time.

Q: Do you attest to the truthfulness of your statements and


allegations in this Judicial Affidavit?

A: Yes.

IN WITNESS WHEREOF, I have hereunto affixed my signature,


this 26th day of June year 2018 at Malaybalay City, Philippines.

Christopher J. Caballero
Affiant

SUBSCRIBED AND SWORN to before me this 26th day of June


year 2018 at Malaybalay City, Bukidnon.

FUGENCIO, JOEMAR C.
Notary Public
Until July 26, 2018
PTR No. 010101-1-2-2018

ATTESTATION

I, ATTY. EDMON D. VALERA, of legal age, single, and a resident of


Barangay9, Malaybalay City, after duly sworn to in accordance with law,
hereby depose and say that:

(1) I am the counsel for the Republic of the Philippines in Case No.
11002-18
(2) I faithfully recorded or caused to be recorded the question I asked
and the corresponding and the corresponding answers that the
witness gave for his Judicial Affidavit; and
(3) Neither I nor any other person then present or assisting him
coached the witness regarding the latter’s answers.

IN WITNESS WHEREOF, I have hereunto affixed my signature this


th
26 day of June 2018, Malaybalay City, Philippines.
ATTY. EDMON D. VALERA
Affiant

Subscribed and Sworn to before ne this 26th day of June 2018,


Malaybalay City, Philippines, affiant exhibited her IBP ID No. 2211819 as
her competent evidence of identity.

FUGENCIO, JOEMAR C.
Notary Public
Until July 26, 2018
PTR No. 010101-1-2-2018

Copy Furnished:

HON. CITY PROSECUTOR


City of Malaybalay

PUBLIC ATTORNEY’S OFFICE


City of Malaybalay

Doc No. 153.


Page No. 098.
Book No. 198.
Series of 2018.

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