REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT OF MINALABAC, CAMARINES SUR

5TH JUDICIAL REGION
MINALABAC, CAMARINES SUR

CHRISTER V. BARRAMEDA,
Protestant,

-VERSUS- ELECTION CASE NO. 2018-05

FOR: ELECTION PROTEST
LAURIO MARGALLO,
Protestee.
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JUDICIAL AFFIDAVIT

I. OFFER.

The testimony of the witness LAURIO MARGALLO is being offered to prove

the following:

1. He was the duly elected Barangay Captain of Hamoraon, Minalabac,

Camarines Sur during the 2018 Barangay and SK Elections and has since
taken his oath;
2. This case filed by the protestant including its attaching documents do
not constitute election protest for failure to cite fraud, anomalies or
irregularites which affected the votes and must be summarily
dismissed.
3. That Seven (7) votes should have been counted in his favor in view of
the neighborhood or Evident Intent Rule
4. Authenticity and due execution of pertinent documents
5. Damages

II. JUDICIAL AFFIDAVIT PROPER.

I, LAURIO MARGALLO, JR of legal age, married, a resident of Hamoraon,

Minalabac, Camarines Sur, after having been sworn in accordance with law,
states, that:

The person examining me is Atty. Esperidion R. Solano with office address

at Azucena St., Naga City Subdivision, Naga City. The examination was held on
June 11, 2018 at the office aforesaid, and that I answered the questions fully
conscious that I am doing so under oath and that I may face criminal liability for
false testimony or perjury, as follows:
1. Q – Please state your name, age, residence, and occupation of the
witness.

A – LAURIO MARGALLO, JR. of legal age, married, a resident of Hamoraon,

Minalabac, Camarines Sur and a barangay captain of said barangay Irayang
Solong.

2. Q- How are you related to LAURIO MARGALLO, JR who is the

Protestee in this case?
A– I am the same person sir

3. Q- What is your nickname?

A– Jun sir.

4. Q- You said that you are a barangay captain. When were you elected?
A– On May 14, 2018.

5. Q- After winning the elections what did you do, if any?

A– I took my oath as barangay captain.

6. Q- Do you remember having executed documents

relative to The filing of this case?
A– Yes sir. The Answer with counterclaim and the Preliminary
Conference brief.

7. Q – I am showing to you The ANSWER WITH COUNTERCLAIM AND

WITH AFFIRMATIVE DEFENSES and preliminary conference with
one Laurio Margallo Jr as affiant and signatory, what relation do
these documents have with the one
you just said you executed?
A– Those are the said documents sir

The Answer with counterclaim with affirmative defenses and

preliminary conference brief is requested to be marked as Exhibit A
and B, respectively

6. Q – You stated in this Answer with Counter with affirmative defenses

under no. 3 that seven (7) votes should have been counted in your
favor, why is this so?

A - Because all my three watchers, particularly Sharon B. Beñas, Maricel

t. Bellen and Domingo B. Boloy told me personally that even though
I won there were votes that were not counted in my favor

7. Q – How so?
 A - Maricel T. Bellen personally told me and she likewise stated the
same in her sworn statement and judicial affidavit that in precinct
number 55A-56A where she was my assigned poll watcher, four (4)
vote were not counted in my favor because they was allegedly
written on the first line of the spaces intended for the barangay
kagawads; Domingo B. Boloy likewise told me that he witnessed the
same thing in his respective station at Precinct (57A-58A) but only
for three votes; Sharon B. Beñas stated that one vote was not
counted as the name was written Lauro Barrameda. All of them told
me that no untoward incident or irregularity occurred in their
respective stations

8. Q – Why should it be counted in your favor even if they were written on

the lines provided for the barangay kagawads??

A - Because this is enunciated under the Neighborhood rule or The

Evident Intent Rule. Having written no name for the barangay
captain and then writing my name on the first line shows they intent
that they really wanted to vote for me. It was just mere
inadvertence that they were not able to write them on the space
provided for the barangay captain;

9. Q – You stated in this answer that this case should have been dismissed,
why?
A - Because of the following reasons:
First, the protestant failed to show nor even allege in his protest
and the attaching documents that this case involves fraud,
anomalies or irregularities.
Second, The minutes of the proceedings in all the precincts during
the counting of the ballots DO NOT SHOW THAT THERE WERE
MARKED BALLOTS.
And third, The protestant failed to attached in his protest copies of
the Election Returns showing the signatures of the BEIs and the Poll
watchers, THUS SHOWING THE RESULTS OF THE COUNTING OF
VOTES PER PRECINCT WERE DONE REGULARLY, NO FRAUD, AND NO
ANOMALIES EVER OCCURRED DURING THE COUNTING OF THE VOTES
BY THE BEIS

8. Q – What is indicated in the Election Returns and its other importance?

A– The election returns contained the signatures of the BEIs and the
poll watcher for both candidates and also the basis of the Statement
of Votes per precinct and the basis of the Certificate of Canvass and
Proclamation of the Winners;

10. Q – What is the effect if it will not be attached to the protest?

 A - The protest is insufficient in form and substance and must be
summarily dismissed.

11. Q – you said in answer no. 7 that no untoward incident occurred during
the voting, aside from the affidavit of your witnesses do you have
any proof to that effect?

A - Yes sir. I am submitting hereto The certification issued by the BBOC

Chariman Melisa B. Oco, BBOC Poll Clerk Bernardita L. Jacob and
BBOC Third Member MArlyn G. Fuentes stating that the barangay
election in the area was conducted peacefully and no untoward
incident happened.

The certification is requested to be marked as Annex “C”

12. Q – What did you feel when you learned that of this baseless election
case filed against you?

A– I felt shocked. I suffered sleepless nights, anxiety, embarrassment

and wounded feelings. I could not fathom that after working
anxiously for many a nights and tirelessly campaigning so that I
could very well serve my constituents I would have to face this
ordeal of going back and forth to court to prove that I truly won the
election. I could already focus on helping them hastily but instead I
would have to help myself in proving that I won this case.

13. Q – If such feelings of would be quantified, how much would that be?
A– It would be Php 100,000.00;

14. Q – Aside from such amount, what expenses did you incur, if any?
A– I incurred Php 50,000.00 for attorney’s fees and Php 5,000 per
appearance fee, miscellaneous fee in the amount of Php 20,000.00;

15. Q: Do you affirm and confirm as to the truthfulness of the contents of

this affidavit?
A: Yes sir.

16. Q: Are you willing to sign this affidavit?

A: Yes sir.

Naga City, Philippines. June 11, 2018.

LUARIO MARGALLO JR.

Affiant
 SUBSCRIBED AND SWORN to before me this June 11, 2018 in Naga City,
Philippines.
ATTY. ESPERIDION R. SOLANO

ATTESTATION OF ASSISTING COUNSEL

I, Atty. Esperidion R. Solano, of legal age, married, and with office address
located at 68 Azucena St., Naga City Subd., Naga City, after having been duly
sworn to in accordance with law hereby depose and say that:

1.) I have conducted and supervised the examination of affiant;

2.) I have faithfully recorded the questions I propounded to the affiant and
the corresponding answers of the latter,
3.) Neither I nor any other person then present coached the affiant
regarding the latter’s answers.

IN WITNESS WHEREOF, I have hereunto set my hand this June 11, 2018 at
Naga City, Philippines.
ATTY. ESPERIDION R. SOLANO

SUBSCRIBED AND SWORN to before me this June 11, 2018 at Naga City,
Philippines.

Copy furnished:

ATTY. EDGAR N. CARMONA

COUNSEL FOR THE PROTESTANT
2nd Flr., Palma-Afable Bldg.,
Panganiban Drive
Naga City