REPUBLIC OF THE PHILIPPINES

MUNICIPAL TRIAL COURT IN CITIES

7TH JUDICIAL REGION
BRANCH 1, CEBU CITY

PEOPLE OF THE PHILIPPINES,

Plaintiff,

-versus- CRIM. CASE No: 4458

FOR: THEFT
(Violation of Art. 308 in
relation to Art. 309 of
the Revised Penal Code)

DAVEY SOLACAD,
Accused.

X------------------------------------------/

JUDICIAL AFFIDAVIT

Witness:
CARMEL WHO, of legal age, Filipino, and resident of Room 6E, Vistana
Residences, Junquera Extension, Cebu City

Examining Lawyer:
ATTY. RALPH VELASQUEZ
R.V. Velasquez and Associates,
2nd floor, New Tech Bldg,Don Pedro
Cui St., Brgy. San Antonio ., Cebu City 6000
Tel Nos.

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Place of Examination:
Chief Fernan Hall Of Justice, Capitol Compound Road, Cebu City

This Judicial Affidavit is executed to serve as a direct testimony in the

instant case. This Judicial Affidavit is formally offered to prove that:

1. Carmel Who personally knows Davey Solacad as she is his long-time

girlfriend.

2. That on December 12, 2020, she and Davey attended a wedding of

their common friends at Paradise Resort in San Remigio, Cebu.

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PRELIMINARY STATEMENT

I, CARMEL WHO, Filipino, of legal age, single and a resident of

Room 6E, Vistana Residences, Junquera Extension, Cebu City, after having
been sworn to in accordance with the law do hereby depose and state:

QUESTIONS were propounded by Atty. ATTY. RALPH

VELASQUEZ in English, which I understand, while the ANSWERS were
given in both English and in Cebuano, the latter being translated by Atty.
Ralph Velasquez to English. The taking of this affidavit was done at his
office at R.V. Velasquez and Associates, 2nd floor, New Tech Bldg,Don
Pedro Cui St., Brgy. San Antonio, Cebu City.

That I am answering the questions herein fully conscious that I do so,

under oath and that I may be criminally liable for false testimony or
perjury;
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(Atty. Ralph Velasquez )

Q1: Good Morning, Ms. Who.
(Carmel Who)

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A1. Good morning, atty.

Q2. Ms. Who, why are you executing this judicial affidavit?
A2: I am executing this judicial affidavit to testify that Davey Solacad
was with me the entire day on December 12, 2020.

Q3. What is your relationship with Mr. Solacad?

A3. He is my boyfriend of 5 years.

Q4. If Mr. Solacad were presented to you, will you be able to identify him?
A4. Yes, I can identify him because I know him well.

Q5. Where were you on December 12, 2020?

A5. I attended the wedding of Jezryl Fajardo, a common friend of
Davey and mine.

Q6. Where was the wedding held?

A6. The wedding was held at Paradise Resort, located in Tambongon,
San Remigio, Cebu.

Q7. Do you have proof that the wedding was held at Paradise Resort in
Tambangon San Remegio, Cebu?
A7: Yes, I have here with the wedding invitation addressed to me and
Davey.

Manifestation: I will now mark this wedding invitation as EXHIBIT “5”

and attach to your Judicial Affidavit.

Q8. This wedding invitation is addressed to you and Davey Solacad. Was
he at the wedding as well?
A8. Yes, Davey and I attended the wedding since we are sponsors.

Q9. What time did you arrive at San Remigio?

Q9. We arrived at 1 pm, in time for the start of the ceremony at 1:30.

Q10. How long did it take you to travel from Cebu City to the wedding
venue?
A10. It took us around 4 hours of travel using my car.

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Q11. So would you say that at 11:00 am on December 12, 2020, Davey
Solacad was not in Cebu City?
A11. Yes. He was not because at that time we were still traveling to San
Remigio.

Q12. How long were you and Davey at San Remigio?

A12. Around 5 hours.

Q13. Do you have proof that you and Davey were at the wedding on
December 12, 2020?
A13. Yes, I have here with me a picture of me and Davey together with
Jezryl Fajardo and Gal Gadot-Fajardo.

Manifestation: I will now mark this photo as EXHIBIT “6” and attach to
your Judicial Affidavit.

Q14: The time stamp in the photo you presented states 3:30 pm. Where was
he after this photo was taken?
A14: He was with me during the entire wedding, Davey and I were
always next to each other.

Q15. How many people are at the wedding?

A15. Around 15 people attended the wedding, including us.

Q16. Are there other people that can vouch for Davey’s presence at the
wedding in San Remigio on December 12, 2020?
A16. Yes, the other attendees are close friends of the newly wed couple
and of Davey, so they know Davey and they saw that he was there on
December 12, 2020.

Q17. What time did you leave?

A17. I believe we left at around 6 pm, after the reception.

Q18: How long did it take you to travel back from San Remigio to Cebu
City?
A18. Still around 4 hours of travel by car.

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Q19: What time did you arrive back at Cebu City?
A19: Around 10 - 10:30 pm.

Q20. Do you swear under oath that all of the foregoing statements are true
and correct to the best of your personal knowledge and based on authentic
records?
A20. Yes, atty.

Affiant further sayeth none.

IN WITNESS WHEREOF, I have hereunto affixed my signature this

25th day of March 2021 at Cebu City, Philippines.

CARMEL WHO
Affiant
Driver’s License D02-13-333466
Expires on 2022-11-05

SUBSCRIBED AND SWORN TO before me this 25TH of March 2021 in

Cebu, Philippines, affiant personally appeared before me and known to me
as a witness in the complaint for theft before the Office of the City
Prosecutor in Cebu City in defense of Davey Solacad. She has exhibited to
me her ID aforementioned as competent proof of identity.

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 ATTY. CHEW BACCA
Notary Public
Commission No. 12102474/04/21/2022
Cebu City
Roll No. 733432
IBP No. 072355/5-21-2021/Cebu City
PTR No. 2893134/5-21-2021/Cebu City
MCLE Compliance No. VII-001172
CB Law Firm
Lahug, Cebu City

Doc. No. 55;

Page No. 10;
Book No. 01;
Series of 2021.

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 ATTESTATION

Republic of the Philippines )

City of Cebu )S.S.
x- - - - - - - - - - - - - - - - - - - - ----/

I, ATTY. RALPH VELASQUEZ, after having been duly sworn in

accordance with law, hereby depose and attest that:

1. I am the lawyer who supervised the examination of Ms. Carmel

Who, a witness for the criminal case filed before the MTCC in Cebu City.

2. I faithfully caused to be recorded the questions propounded to

Carmel Who, as well as the latter’s answers/responses to the questions.

3. Neither I nor any other person influence, provide answers to, or,
otherwise dictate, Ms. Carmel Who in the course of the examination.

4. I execute this attestation in order to attest to the truth of the

foregoing statements.

I have hereunto set my hand this 19th day of March 2021 at Cebu City,
Philippines.
RALPH VELASQUEZ
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME a Notary Public for the

City/Province of Cebu, this 19th day of March 2021 by Atty. Ralph
Velasquez, who is the same person who personally signed before me the
foregoing attestation and acknowledged that he executed the same
voluntarily.

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 ATTY. CHEW BACCA
Notary Public
Commission No. 12102474/04/21/2022
Cebu City
Roll No. 733432
IBP No. 072355/5-21-2021/Cebu City
PTR No. 2893134/5-21-2021/Cebu City
MCLE Compliance No. VII-001172
CB Law Firm
Lahug, Cebu City

Doc. No. 56;

Page No. 10;
Book No. 01;
Series of 2021.

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EXHIBIT “5”

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EXHIBIT “6”

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