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Republic of the Philippines

REGIONAL TRIAL COURT
Hall of Justice
Batangas City

PEOPLE OF THE PHILIPPINES, CRIM. CASE NO. 754

Plaintiff,
For:
-versus- ATTEMPTED HOMICIDE

JAMES L. ANDAL
Accused.
X----------------------------------------x

JUDICIAL AFFIDAVIT
OF JAMES L .ANDAL

I, JAMES L . ANDAL, of legal age, Filipino, married, outsource

employee of Philippine Ports Authority Port Management Office - Batangas ,
with postal address in Brgy. Sta Clara, Batangas City, after having been duly
sworn to in accordance with law, fully conscious that I am answering the
following questions under oath, and that I may face criminal liability for false
testimony or perjury and said judicial affidavit was conducted at the Law Office
of Atty. Atessa R Aclan, located at 214, Rizal Avenue., Batangas City, which
taking was done in English which I clearly speak and understand and that the
other information or requirements of Sec. 3, A.M. 12-8-8-SC as explained to
me by the administering officer, hereby deposes and states as follows:

PURPOSE

This affidavit of the accused, James L. Andal is being offered to prove

the presence of Justifying Circumstance of Defense on his Person and his
Wife on the charged of attempted homicide against the accused and deny
other averments of the private complainant and his witnesses.

Question 1: Please state your name and other personal circumstances for the
records.

Answer 1: I am James Andal y Laurence, 32 years of age, married, and

resides at Brgy Sta Clara, Batangas City.

Question 2: Are you the same James Andal, who is charge of this case?

Answer 2: Yes, ma’am.

Question 3: Where were you last 17 February 2021 at about 7 o’clock in the
evening?

Answer 3: I was with my wife Annvien Andal at the Mabini Public Plaza,
Batangas City, when suddenly the private complainant Justin Fortu who was
also a former suitor of my wife approached us and said “ Pare hanggang
ngayon mahal ko pa din si Vein” ( pertaining to my wife) .

Question 4: What happened next?

Answer 4: I told him that “ Pare sige na at pauwi na kami”.

Question 5: What transpired next?

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Answer 5: The private complainant , without any warning grabbed the right
lower forearm of my wife and said “ sumama ka na lang sa akin at iwan mo na
iyang si James, wala kang future diyan”.

Question 6: What happen next after you witness the actuation and utterance
of the private complainant?

Answer 6: I calmly said that “ Pare bitawan mo ang asawa ko at uuwi na

kami ?

Question 7: What transpired next?

Answer 7: The private complainant let go off the right lower arm of my wife
and pulled off a balisong and aimed towards us .

Question 8: What did you do on that situation?

Answer 8: I said “ Pare itago mo na iyan iyong balisong at baka makasakit

ka pa” .

Question 9: What happen thereafter?

Answer 9: Suddenly the private complainant took a swing of his balisong at

me but luckily I was able to elude his blow. As I was not hit, the
private complainant tried to stab my wife and as he was on the
point of stabbing , I was able to hold his right arm to stop him. But
as the private complainant has a large body built, he successfully
stab my wife on the left upper arm.

Question 10: What happened next?

Answer 10: Me and the private complainant wrestle with the possession of
the balisong. And when the private complainant took possession
of the balisong he started stabbing me. At that juncture , I told my
wife to run in order to seek help.

Question 11: What happen next, if any?

Answer 11: Moments later, I stumbled and while I was down, the private
complainant took advantage of the situation and effected several
balisong blows towards at me

Question 12: What did you do on that situation?

Answer 12: I had no choice but to defend my self. I was able to regain
possession of the balisong but at that juncture he got hold
possession of a hard rock

Question 13: What did he do with that rock?

Answer 13: He tried to smash it on my face but just to defend myself I stabbed
him on the parts of his body that will not cause his death though
he sustained stab wounds.

Question 14 What happened thereafter ?

Answer 14 : Patrolman Erik Maralit, the private complainant’s cousin arrived,

arrested and accosted me to the Batangas City PNP Station.
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Question 15 ; Kindly go over and read the questions and answers contained in
this Judicial Affidavit and let me know if you have some
corrections to be made?

Answer 15 : (Accused reading the Judicial Affidavit) I have read the questions
and answers in this Judicial Affidavit and I have determined
based on my personal knowledge that the contents are true and
correct.

Qustion 16 : Do you affirm under oath the truth and everything that is contained
in this Judicial Affidavit ?

Question 16 : Yes Mam

IN WITNESS WHEREOF, I have hereunto affixed my signature this 19 th

day of February 2021, at Batangas City, Philippines.

JAMES L. ANDAL
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and

for Batangas City Philippines, this 19 th day of February 2021, affiant personally
came and appeared with his Driver’s License ID with PDL No. 45-8236 issued
by Land Transportation Office, Batangas City, Philippines, bearing his
photograph and signature, known to me as the same person who personally
signed the foregoing instrument before me and avowed under penalty of law to
the whole truth of the contents of said instrument.

Doc. No.
Page No.
Book No.
Series of 2021.

ATTESTATION

I, ATESSA R. ACLAN, a resident of 123 Brgy Cuta, Batangas City,

hereby attest that I have conducted and supervised the examination of the
above-named affiant at my law office at 214, Rizal Avenue., Batangas City,
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; and;

2. Neither I nor any other person then present or assisting me coached

the affiant/witness regarding the latter’s answers.
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IN WITNESS WHEREOF, I have hereunto affixed my signature this 19 th

day of February 2021 at Batangas City, Philippines.

Notary Public