Republic of the Philippines

REGIONAL TRIAL COURT

11th Judicial Region
Branch 7,
HALL OF JUSTICE
Mati City, Davao Oriental

THE PEOPLE OF THE CRIMINAL CASE NO.

PHILIPPINES, 0001234

-versus- For: Carnapping with

Homicide
ERIKA PEÑERA, IVY LIBA
and JOHN DOE,

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

JUDICIAL AFFIDAVIT

I, ELAINE BANTILAN, female, 28 years of age, Filipino,

married to Mario A. Bantilan, and a resident of #6 Purok 12,
Cuabo, Brgy. Libudon, Mati City, state under oath as follows:

PRELIMINARY STATEMENT

That in accordance with A.M. No. 12-8-8-SC, which prescribes the

use of judicial affidavits to serve as the direct examination testimony of the
witness, on the basis of which the adverse party may conduct their cross-
examination on such a witness, I hereby execute this judicial affidavit in a
question and answer format;

That conformably with section 3 (b) of the said A.M. No. 12-8-8-SC, I
also state that the person examining me is Atty. Diane C. Dapitanon with
address at DC (Dapitanon & Clavero) LAW OFFICES, C-1, 3rd Floor,
Marcela Bldg., J. Palma Gil St., Davao City. The examination is being held
at the same address. It is being taken in a combination of English and
Cebuano, a language and a dialect that I know and understand.

That conformably also with section 3 (c) thereof, I I am answering her

questions fully conscious that I do so under oath and that criminal liability
may befall upon me in the event that I give false testimony and/or perjury.

AND UNDER OATH, AVERS THE FOLLOWING:

That I was with accused ERIKA PENERA from (TIME) of June 5,

2019 when we left (POINT OF ORIGIN) for Manay, Davao Oriental aboard
(SPECIFIC BUS) until around 9:00 AM the following day, June 6, 2019
when she left the venue. Thus, making it physically impossible for her to
commit the crime imputed.

Page 1 of 4
 1. Q. Please state your name and other personal
circumstances for the record.
A. I am Elaine Bantilan, female, 28 years of age, Filipino, married to
Mario A. Bantilan for two years since February 2017, and a resident of #6
Purok 12, Cuabo, Brgy. Libudon, Mati City. (See ANNEX A)

2. Q. Occupation?
A. Grade school teacher at _________. I teach Araling Panlipunan
and Christian Living. (See ANNEX B)

3. Q. Where were you on June 5, 2019?

A. At my brother’s house, attoney, in Manay, Davao Oriental. Nag
attend mig pista. (We attended the town fiesta).

3. Q. What time did you arrive there?

A. Around 11 in the morning.

4. Q. Was the accused, Erika Penera, there?

A. Yes.

5. Q. Did she arrive there with anybody?

A. Yes, attorney, ako. Kami nag sabay paadto didto ila kuya. (Yes,
attorney, she was with me. We went there at my brother’s house together).

6. Q. Was she invited? Who invited her?

A. Yes. I personally invited her. It’s not a first time. Pirmi naman
gyud mi naga attend ug mga pista. (We’ve always attended festivities
together).

7. Q. How long have you known the accused?

A. I’ve known Erika for years. Born and raised ming duha sa
Libudon. It’s a small town, magkaila ra tanan. (We were both born and
raised in Libudon. It’s a small town. Everybody knows everybody). We were
classmates in elementary and we’ve stayed close friends ever since.

8. Q. Where did you meet with the accused before going

together to the fiesta?
A. Sa terminal sa Libudon. Sa Yellow Bus. Mao among gisakyan
pa-Manay. (We met up at the bus station in Libudon and boarded the
Yellow Bus Lines bound for Manay). (See ANNEX C)

9. Q. When was that and what time?

A. June 5, 2019. Around 7:30 AM.

10. Q. Can you remember what the accused was wearing at

the time?
A. Yes. She was wearing a __________. Nagselfie mi ato. Naa dri
sa akong phone. (We took a selfie/ digital photograph on my phone). (See
ANNEX D)

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 11. Q. What time did the bus leave?
A. Some ___minutes after we arrived at the terminal.

12. Q. How long was the travel from Libudon to Manay?

A. About ______ hours/minutes.

13. Q. So what time did you arrive at your brother’s?

A. Around 11 AM.

14. Q. How was the venue when you arrived?

A. Okay lang, medyo bibo na. Naa si kuya, iyang wife and kids.
Naa among family, some friends. Mga around 30 people. Naa sa gawas
ang uban, drinking, eating, chatting. Ang uban naa sa sulod, kaon, videoke.

15. Q. When you arrived, what did the accused do?

A. Nag hi, hello sa mga tao. Then nanulod mi, nangaon. Then,
nagvideoke, chika chika, inom gamay. (She greeted the other guests. Then
we went inside to eat. We sang on the karaoke, chatted, and drank with the
others). (See ANNEX E).

16. Q. What time did the accused leave the venue?

A. The following morning na, mga around 9 AM. Dadto na sya
nagpa buntag and nagbreakfast pa sya didto ayha nihawa. (She spent the
night there. She had breakfast with us the following morning before she
left).

IN WITNESS WHEREOF, I have hereunto set my hand this 10th day

of September, 2019 at Davao City.

ELAINE BANTILAN
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in

and for Davao City, this _____DATE_________. Affiant personally came
and appeared with Voter’s ID No. 1223487342904 issued by the COMELC
on July 13, 2013 at Davao City bearing her photograph and signature,
known to me as the same person who personally signed the foregoing
instrument before me and avowed under penalty of law to the whole truth of
the contents of said instrument.

Doc. No. 26;

Page No. 41;
Book No. VI; DIANE C. DAPITANON
Series of 2019. Notary Public for Davao City
Until December 31, 2019
PTR No. 8443283; 12/31/19; D. C.
IBP No. 784558 ; 12/31/19; D.C.
Roll No. 56218

Page 3 of 4
REPUBLIC OF THE PHILIPPINES)
City Of Davao )S.S

ATTESTATION

I, DIANE C. DAPITANON, of legal age, Filipino, married with office

address at DC (Dapitanon & Clavero) LAW OFFICES, C-1, 3rd Floor, Marcela
Bldg., J. Palma Gil St., Davao City after being duly sworn depose and say:

I was the one who conducted the examination of Witness ELAINE

BANTILAN at my aforementioned office;

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

I asked and the corresponding answer that the witness gave;

2. I nor any other person then present or assisting her coached the
witness regarding her answers;

IN WITNESS WHEREOF, I have hereunto set my hand this DATE at

Davao City.

ATTY. DIANE C. DAPITANON

Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and

for Davao City this DATE. Affiant personally came and appeared with her
IBP ID with Roll No. 14377 bearing her photograph and signature, known to
me as the same person who personally signed the foregoing instrument
before me and avowed under penalty of law to the whole truth of the
contents of said instrument.

Doc. No. 34;

Page No. 41;
Book No. VII; ATTY. MARGOT ELISE ROBBIE
Series of 2020. Notary Public for Davao City
Until December 31, 2020
PTR No. 8443283; 12/31/19; D. C.
IBP No. 784558 ; 12/31/19; D.C.
Roll No. 56218

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