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Republic of the Philippines

MUNICIPAL TRIAL COURT


7th Judicial Region
Panabang Apas, Cebu

PEOPLE OF THE PHILIPPINES


Plaintiff

- Versus – CRIM CASES NO. 123

FOR: Destructive Arson


(Art. 320, RPC)
Wendel John Gonzaga

Victim
x---------------------------------------------x

JUDICIAL AFFIDAVIT
OF
WENDEL JOHN GONZAGA

This Judicial Affidavit of WENDEL JOHN GONZAGA, the Victim of


Destructive Arson investigation, is executed to serve as a testimony to
the instant case.

PRELIMINARY STATEMENT

This Judicial Affidavit was taken at the office of Atty. Orlando A. Himaya
Jr at his office in Talamban Kalubihan, Cebu. Questions were
propounded by the same and the examination was conducted in
English and Filipino, the languages that were used and understood by
the Affiant.
Affiant answered each question fully conscious that she did so under
oath and may face criminal liability for false testimony and perjury.

This Judicial Affidavit is prepared in English and Filipino is offered to


prove the following:

a. That I am the Victim of Destructive Arson incident on March 24, 2021


at Brgy. Apas Cebu City

b. That I am the victim who complain that there is an fire happen in my


house at Sitio Panabang, Brgy. Apas Cebu City, and

c. That I filed a criminal complaint against defendant Edison Masin


before Municipal Trial Court.

DIRECT TESTIMONY
Q1: Do you swear to tell the truth and nothing but the truth?

A1: Yes, Sir

Q2: Please state your name, age, residence address, and occupation.

A2: I am Wendel John Gonzaga, 21 years old, single, a fastfood worker


of Jollibee, and is residing Sitio Panabang, Barangay Apas, Lahug, Cebu
City.

Q3: What is your highest educational attainment?

A: College level
Q4: What is your current occupation?

A4: I work as a service crew in Jollibee

Q5: How did you know Masin?

A5: I know him because he is my workmate in Jollibee

Q6: What is the reason for the execution of the judicial affidavit?

A6: To testify on the case of Destructive Arson filed against Edison


Masin

Q7: What is the reason why did he commit the crime?

A7: He committed the crime because I have depth and he force me to


pay him but I don’t have money to gave.

Q8: How much money did you borrow the accused?

A8: 5,000 Pesos sir!

Q9: What happened after that?

A9: He confronted me and he was angry and disappointed because I


don’t have money to gave.

Q10: What happened on March 24, 2021 11:45 PM?

A10: While am I sleeping I heard someone shouting outside of my


house that’s why I immediately wake up.
Q11: What did you do when the incident happen?

A11: I immediately called a fire fighter and Police hotline to response


immediately about what happen in my house.

Q12: Do you know who was the responsible of the crime?

A12: I don’t know sir the police officer recover a cellphone near at my
house.

Q13: Do you have anything more to add?


A13: None, Attorney.

IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of


April 2021 on Cebu, City Philippines.

Wendel John Gonzaga


Victim

SUBSCRIBED AND SWORN


to before me, this 15th day of March 2021 in Cebu Province, affiant
being personally known to me to be the same person who executed
this Judicial Affidavit and exhibiting to me his Destructive No. AE82-12-
13899 expiring on 11/24/2021.

Doc. No. 142; ATTY. Orlando A. Himaya Jr


NOTARY PUBLIC
Page No. I; UNTIL April 15, 2021
ATTY’S ROLL NO. 146789
Book No. VIII; IBP NO. 3107524 April 15, 2021
ISSUED AT CEBU CITY
Series of 2021

ATTESTATION

I, Orlando A. Himaya Jr, of legal age, Filipino, single, with residence at


Brgy. Apas, Panabang Cebu City, and a practicing lawyer, after having
been duly sworn to in accordance with law, hereby depose and state
THAT:

1. I am the one who conducted and supervised the examination of


the herein complainant-affiant of this Judicial Affidavit.

2. I faithfully recorded or caused to be recorded the question I asked


and the corresponding answers that the herein complainant-
affiant provided.

3. Neither I, nor any other person then present or assisting the


complainant-affiant, coached regarding his answers to the
questions asked.
IN WITNESS WHEREOF, I have hereunto set my hand this 15th day of
April 2021 at Cebu Province

ATTY. ORLANNDO A. HIMAYA JR


Counsel for Complainant/Affiant
IBP OR No. 1238976
Roll No. 78901
MCLE Compliance III – 0000986 11-33-22
LTO Driver’s License No. J09-99-114343
Expiry date: 2021-12-24

SUBSCRIBED AND SWORN to before me this APRIL 15, 2021 at Cebu


City, Affiant exhibiting to me her Driver’s License bearing No. SO9-78-
1234547 expiring on 2021-12-24

Doc. No. 150; ATTY. ORLANDO A. HIMAYA JR


NOTARY PUBLIC
Page No. I; UNTIL APRIL 15, 2021
ATTY’S ROLL NO. 789567
Book No. VIII; IBP NO. 894713 APRIL 2021
ISSUED AT CEBU CITY
Series of 2021

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