EXHIBIT “2”

REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT

OF BATANGAS FOURTH JUDICIAL REGION BRANCH 2,
BATANGAS CITY

People of the Philippines, Crim. Case No. 563497-21

Plaintiff,

- versus - - for –

Mak Nakao ROBBERY

(402 Gulod Labac, with force upon things
Poblacion, Batangas City) (Art. 302 of the
Revised Penal Code)
Mak Nacao
(404 Gulod Labac,
Poblacion, Batangas City)

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

JUDICIAL AFFIDAVIT OF
MAK NAKAO

This Judicial Affidavit of Mak Nakao, the accused, is

executed to serve as his direct testimony in the instant
case.
I, Mak Nacao, Filipino, of legal age, Filipino, single,
employee of a private company, residing at 404 Gulod Labac,
Poblacion, Batangas City, after being sworn to in accordance
with the law do hereby depose and state:

PRELIMINARY STATEMENT

The person examining me is Atty. Reem Magpantay with

the office located at Magpantay & Mendoza Law Office, 1st
floor, Junction Commercial Complex, Padre Burgos Street,
Batangas City. The examination was held at the same address.
I am fully conscious that I am answering her questions under
oath, and that I may face criminal liability for false testimony
or perjury. The other information or requirements of Sec. 3,

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A.M. 12-8-8-SC was explained to me by the administering
officer.

PURPOSE

This Judicial Affidavit of the accused Mak Nacao is being

offered to prove the existence of doubt on the robbery case
charged against him by private complainant Maria Tindera
and deny all allegations against him. Accused, also, in the
course of the proceeding of the instant case, will present
additional exhibits and will further testify on other allied
matters.

Questions were propounded by the plaintiff’s counsel,

Atty. Reem Magpantay, in English, which the affiant fully
understands. These questions are numbered consecutively, and
each question is followed by the answer of the witness, Mak
Nacao.

Q1: Do you swear to tell the truth and nothing but the truth?
A1: I do.

Q2: Please state your name and other personal circumstances

for the record.
A2: I am Mak Nacao, 25 years old, single, and currently
residing at 404 Gulod Labac, Poblacion, Batangas City. I am a
businessman.

Q3: Mr. Witness, you executed a Sinumpaang Salaysay dated

September 9, 2020 at Batangas City. If I am going to show it
to you, will you able to identify the same?
A3: Yes, Ma’am.

Q4: I am showing to you a Sinumpaang Salaysay (already

marked as Exhibit “1”), is this the Sinumpaang Salaysay that
you are referring to?
A4: Yes, Ma’am.

(MANIFESTATION: Your Honor, witness identified a copy

of his Sinumpaang Salaysay dated September 9, 2020,
which was previously marked as Exhibit “1”)

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Q5: At the last page, bottom portion of the Sinumpaang
Salaysay, there is a signature (Submarked and bracketed as
Exhibit 1-A, above the name of Mak Nacao), can you please
tell us whose signature it is?
A5: It is mine, Ma’am.

(MANIFESTATION: Your Honor, witness identified his

signature in a copy of her Sinumpaang Salaysay dated
September 9, 2020, which was previously submarked and
bracketed as Exhibit “1-A”)

Q6: Are you the same Mak Nakao who is charge of this case?
A6: Yes, Ma’am.

Q7: Where were you on the evening of September 5, 2020?

A7: I was with my cousin, Robby Reem at the birthday party
of Boy Payat.

Q8: Why were you at the party?

A8: My Cousin, Robby, called me at around 4:30 in the
afternoon. He told me to accompany him in going to the
birthday party of his friend, Boy Payat.

Q9: Where was the party held?

A9: It was held at his house located in Balagtas, Batangas
City.

Q10: Can you prove to me that you are present in the said
party?
A10: Yes, Ma’am. I am in the photo that Robby Reem
presented to you, Ma’am.

Q11: You said there was a photo presented by Robby Reem, if

I show you the photo, will you be able to identify the same?
A11: Yes, Ma’am.

Q12: I am showing you a photo (already mark as Exhibit “7”),

is this the photo you are referring to?
A12: Yes.

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 (MANIFESTATION: Your Honor, witness presented a copy
the photo they took at the party to prove their presence
there, which was previously marked as Exhibit “7”)

Q13: What time did you leave?

A13: We left at around 2:00 am of September 6, 2020.

Q14: Did you go home immediately after the party?

A14: No, Ma’am. We decided to stop by and eat lugaw at
Kumare’s Eatery to sober up since the eatery is located along
the way home.

Q15: Kindly discussed the path you took in order to arrive at

Kumare’s Eatery.
A15: Since the eatery was located at Don Ramos, we alighted
at Jollibee near De Joya then walked until we reached Don
Ramos.

Q16: While on the way to the eatery, did you passed by

Lutong Bahay sa Sawali Restaurant?
A16: No, Ma’am. It is because Kumare’s Eatery is located first
before Lutong Bahay sa Sawali Restaurant on the way from
the house of Boy Payat.

Q17: Were you able to eat at Kumare’s Eatery?

A17: Yes, Ma’am.

Q18: What time did you finished?

A18: I’m not quite sure but I think it was around 2:45 in the
morning.

Q19: Did you immediately went home after that?

A19: Yes, Ma’am.

Q20: On your way home, did you passed by Lutong Bahay sa

Sawali Restaurant?
A20: Yes, Ma’am. Since the loading station for jeepney
passengers is almost in front the Lutong Bahay sa Sawali
Restaurant.

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Q21: Did you notice anything out the ordinary in the said
restaurant?
A21: Nothing, Ma’am. Honestly, I did not look at it consciously
while we were walking since I was kind of still dizzy and I
really want to get home already.

Q22: You said earlier that you’re a businessman, am I

correct?
A22: Yes, Ma’am.

Q23: In what business are you into?

A23: I am into online reselling second hand items, mostly are
home appliances.

Q24: You said that you are reselling second hand items,
where are you getting these items?
A24: I have a number of suppliers, Ma’am.

Q25: Did you meet anyone on September 6, 2020?

A25: Yes, Ma’am. I was with Robby Reem. He helped me
deliver the items I was selling.

Q26: To whom did you deliver the items?

A26: I don’t know the buyer personally. I only met him when
he contacted me and manifested his interest in buying the for-
sale items I posted online.

Q27: What are the items you delivered that day?

A27: We delivered some kitchen supplies. Two rice cookers, a
bundle of rice boxes and a blender.

Q28: You said you have a number of suppliers. Among those

suppliers, who supplied to you those aforementioned items?
A28: It was a new supplier, Ma’am. It was under the name of
Fujuko Corporation.

Q29: How did you come to know such supplier?

A29: It was recommended by another supplier.

Q30: Do you have anything else to say?

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A30: I have nothing more to say, Ma’am.

IN WITNESS WHEREOF, I have set my hand this 17th

day of September 2020, in Batangas City, Philippines.

MAK NAKAO
AFFIANT

SUBSCRIBED AND SWORN to before me this 17th day of

September 2020, in Batangas City, Philippines, after I have
personally examined the affiant and that I am convinced that
he voluntarily executed this affidavit and understood the
contents thereof.

REEM D. MAGPANTAY
  Counsel for Defense

Doc. No. 106;

Page No. 33;
Book No. 2;
Series of 2020.

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 ATTESTATION OF LEGAL COUNSEL

I, Atty. Reem D. Magpantay, with Law Office at

Magpantay & Mendoza Law Office, 1st floor, Junction
Commercial Complex, Padre Burgos Street, Batangas City,
hereby attest that I have conducted and supervised the
examination of the above-named affiant/witness at my office
stated above, and further declared that:

1. I faithfully recorded or caused to be recorded the

questions I asked and the corresponding answers the
affiant/witness gave;

2. Neither I nor any other person then present or

assisting me coached the affiant/witness regarding the
latter’s answers; and

3. I fully understand that any false attestation shall

subject me to disciplinary action, including disbarment.

IN WITNESS WHEREOF, I have hereunto affixed my

signature this 17th day of September 2020 at Batangas City,
Philippines.

REEM D. MAGPANTAY
  Counsel for Defense

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 SUBSCRIBED AND SWORN to before me this 17th day of
September 2020 at Batangas City, Philippines, by Kimberly
Camille Mendoza who has satisfactorily proven to me her
identity through her IBP Lifetime Membership Card No. IV-
SW130205, that she is the same person who personally signed
before me the foregoing and acknowledgement that he
executed the same.

BRUCE TENORIO
NOTARY PUBLIC
Until December 31, 2021
PTR No. 11409143-07-06 –
01/03/2019
IBP No. 432564-06 – 01/03/2019
Issued at Batangas City
MCLE Compliance No. 0639405

Doc. No. 174;

Page No. 59;
Book No. 4;
Series of 2020.

Copy Furnished:

PROSECUTOR LAWRENCE GREGHILL BRAVO

PROSECUTOR SZIA DARENE MARTIN
Office of the City Public Prosecutor
Hall of Justice
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Batangas City

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