ANNEX “A”

REPUBLIC OF THE PHILIPPINES)

CITY OF ROXAS . . . . . . . . . . . .) S.S.

COMPLAINT-AFFIDAVIT OF GERALD ANDER DESAYA

I,Gerald Desaya y Ander, of legal age, Filipino, single and a resident of Brgy.
Tiza, Roxas City, Capizafter having been duly sworn to in accordance with the
law,hereby depose and state:

1) I am the private-complainant in this case.

2) At the time of the execution of this complaint-affidavit, I am twenty five (25)

years old, with residence and postal address at Brgy. Tiza, Roxas City, Capiz,
Philippines.

3) I further state and declare that my examination by judicial affidavit is being

conducted or supervised by Atty. Kenneth Markyn V. Cabuguason at
Cabuguason&Ardiente Law Office located at the Km. 1, Roxas City, Capiz. This
examination was conducted in Hiligaynon, a language which I can read and
speak, and were translated by the said counsel into English, in accordance with
the provisions of Section 3 of Administrative Matter No. 12-8-8-SC or the Rule on
Judicial Affidavits;

4) I further state and declare under pain of perjury, that I am answering the
questions propounded to me by counsel, fully aware and cognizant that I am
doing, so under oath, and that I may face criminal liability for false testimony or
perjury.

5) The questions propounded to me and my corresponding answers to the same

are as follows:

1. Q: Sir, can you tell me why you are here in my office?

A: Yes sir. I am here to give my statement for the criminal case that I am filing
against Joshua Des Gracia y Malas, of legal age, Filipino, single and resident of
Brgy. Lawaan, Roxas City, Capiz, Philippines.

2. Q: What is your involvement in this case?

A: I am the private complainant.

3. Q: Can you tell me what criminal case you are filing against him?

A: I want to file a criminal case against Joshua Des Gracia y Malas for damaging
my Black Suzuki Raider 150 Motorcycle with plate number PI 69603 by inadvertently
hitting the same to break his fall when he had a brawl with his friend.

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 ANNEX “A”

4. Q: Could you please tell me you occupation, sir?

A: I am a bartender sir.

5. Q: Could you please tell me where you were last August 15, 2019 around 8:00 to
11:00 in the evening?

A: Around 8:00 in the evening, I am in FINDS Restaurant.

6. Q: What were you doing there?

A: I was working in the FINDS Restaurant as a bartender.

7. Q: How did you get there?

A: I did get there by means of driving my own motorcycle.

8. Q: Where is your motorcycle during that time?

A: My motorcycle is at the parking lot of FINDS Restaurant, I parked it there

upon my arrival at FINDS Restaurant.

9. Q: What are you working during that time inside the FINDS Restaurant?

A: I was preparing the beverages of our customers.

10. Q: What happened next, if any?

A: Our security guard on duty informed me that a certain customer had a brawl
with my friend, who inadvertently hit my motorcycle to break his fall.

11. Q: What did you do next, if any?

A: I immediately went to the parking lot together with our security guard to stop
the fight. However, during the commotion the person who inadvertently hit my
motorcycle and his friend ran away and escaped.

12. Q: Who is this person who inadvertently hit your motorcycle that you are
referring to?

A: He is Joshua Des Gracia y Malas.

13. Q: What happened next, if any?

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 ANNEX “A”

A: After the commotion, I found out that mymotorcycle was already lying on the
concrete road with a damaged handle bar and scratches on the right-side portion of
the motorcycle.

14. Q: What is the cause of the said commotion, if any?

A: I suspect that the accused and his friend staged the brawl to cover up the act
of deliberately damaging my motorcycle.

15. Q: Why? What is the reason of such cover up, if any?

A: I suspect that it was motivated by some feelings of hate and revenge towards
me since I am the present boyfriend of Julia Barretto, that the latter left the accused
because of me.

16. Q: Do you have any evidence to prove that your motorcycle was damaged?

A: Yes sir.

(A copy of the picture of the damage is attached to this Judicial Affidavitas

ANNEX“B”.)

17. Q: What is the description of you motorcycle?

A: My Motorcycle is a Black Suzuki Raider 150 with plate number PI 69603.

18. Q: Do you have any evidence to prove that this is the description of your
motorcycle?

A: Yes sir.

(A copy of Certificate of Registration and Office Receipt of the motorcycle is

attached to this Judicial Affidavitas ANNEX“C”.)

19. Q: What happened next, if any?

A: I immediately went together with our security guardto the Roxas City Police
Station at Pueblo de Panay to report the said incident.

20. Q: Do you have any evidence to prove that you reported this incident to the
Roxas City Police Station?

A: Yes sir.

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 ANNEX “A”

(A copy of the Blotter Report is attached to this Judicial Affidavit as ANNEX “D”.)
21. Q: What happened next, if any?

A: The next day, I had my motorcycle checked at a local repair shop and was
charged with repair costs amounting to Five Thousand Pesos (Php5,000.00), in
Philippine currency.

22. Q: Do you have any evidence to prove the amount of the cost of the repair?

A:Yes sir.

(A copy of the Estimate/Repair cost of the damageis attached to this Judicial

Affidavitas ANNEX “E”.)

23. Q: In this case, what are you asking for, if any?

A: I suffered damage in the amount of FIVE THOUSAND PESOS (P5,000.00) as

the value of the cost of repair of my damaged motorcycle.

24. Q: You engaged the services of counsel to be able to vindicate your rights, how
much was your agreed attorney’s fees?

A: P20,000.00 plus P1,500.00 per appearance.

24. Q: I have no more questions, Do you have anything else to add?

A: None at the moment sir.

IN WITNESS WHEREOF, I hereunto affixed my signature this 11 th day of October 2019,

at Roxas City, Philippines.

Gerald Ander Desaya

Affiant
Driver License No. F04-04-0121573

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 ANNEX “A”

SUBSCRIBED AND SWORN to before me this 14th day of October 2019 at the City of
Roxas, Province of Capiz, Philippines. I FURTHER CERTIFY that I have personally
examined the affiant and that he understood the contents of this Affidavit and
voluntarily executed the same.

HON. JOHN MARK D. CORPUS

Associate Provincial Prosecutor
Province of Capiz
Doc. No. ________;
Page. No. _______;
Book. No. _______;
Series of 2019.

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 ANNEX “A”

SWORN ATTESTATION

I, KENNETH MARKYN V. CABUGUASON, of legal age, Filipino, married and

with a residence address at Roseville Height, Brgy. XI, Roxas City, Capiz, after having
been duly sworn, do hereby depose and state that:

1. I am the lawyer who conducted or supervised the examination of the above-

named private-complainant at my office at Cabuguason & Ardiente Law Office
located at the Km. 1, Roxas City, Capiz;

2. The private-complainant answered the questions asked of him, fully conscious

that he does so under oath, and that he may face criminal liablity for false
testimony or perjury;

3. I faithfully recorded or caused to be recorded the questions asked and the

corresponding answers given by the said witness;

4. Neither, nor any of other person then present during the conduct of the same,
assisted or coached the said private-complainant regarding to his answers to the
questions propounded to him.

5. I am executing this sworn attestation in accordance with Section 4 of

Administrative Matter No. 12-8-8-SC or the Rule on Judicial Affidavits.

KENNETH MARKYN V. CABUGUASON

Affiant

SUBSCRIBED AND SWORN to before me this 14th day of October 2019 at the City of
Roxas, Province of Capiz, Philippines. Affiant is personally to me or otherwise identified
to me through competent evidence of identity, by means of IBP Roll No. 68231.

HON. JOHN MARK D. CORPUS

Associate Provincial Prosecutor
Province of Capiz
Doc. No. ________;
Page. No. _______;
Book. No. _______;
Series of 2019.

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