EXHIBIT -3

Republic of the Philippines

11th Judicial Region
REGIONAL TRIAL COURT
Branch _, Davao City

PEOPLE OF THE PHILIPPINES, CRIMINAL CASE NO.

Complainant, 4393-2018

-versus-
FOR: Malicious Mischief
JOJI BOGIE and JONIE TANGO,
Accused.
x---------------------------------------------------x

JUDICIAL AFFIDAVIT OF
COMPLAINANT- MR. JERSON MABANDING

This Judicial Affidavit of JERSON MABANDING is executed to

serve as his direct testimony in the instant case.

This Judicial Affidavit is being offered to prove:

A.) All the allegations in her affidavit that there was no deliberate
intent to cause damage to the passing dump truck and that
she personally witnessed the truck being accidentally hit by
stones thrown by her and co-accused aimed at the members
of the other gang; and

B.) All other related matters, facts and circumstances relevant

and material to this case, with reservation to present
additional exhibits in the course of the proceedings of the
instant case.

This Judicial Affidavit was taken at Sitio Rivas, Barangay

Talomo, Davao City on October 3, 2018.

QUESTIONS were propounded by prosecuting counsel, Atty.

Hansel Jan Atmosfera, in English/Bisaya, which the affiant fully
understands, while ANSWERS were given/made by Jerson

Page 1 of 8
Mabanding, in English/Bisaya dialect and the corresponding
translation of his answer is provided after each question to wit:

1. Q: Do you swear to tell the truth and nothing but the

truth?
A: I do.

Q: Nanumpa ba ka nga magsulti ka ug tinuod ug lunlon

kamatuoran lang?
A: O, nanumpa ko.

2. Q: Are you aware that you may face criminal liability for
false testimony or perjury if you will not tell the truth?
A: Yes, I am aware.

Q: Nasayod ba ka nga mamahimong makasuhan ka ug

krimen sa pagpamakak o perjury sa dihang dili ka
magsulti ug tinuod?
A: O, nasayod ko.

3. Q: Please state your name, age, address and occupation.

A: I am Jerson Mabanding, 40 years of age, married and
a resident of Block 1, 12th Street Guadalupe Village,
Lanang, Davao City.

Q: Palihug isulti ang imong pangalan, edad, asa ka

nagpuyo ug trabaho.
A: Ako si Jerson Mabanding, kwarenta anyos, minyo, ug
nagpuyo sa Block 1, 12th Street Guadalupe Village,
Lanang, Davao City.

4. Q: If you can remember, where were you on September

1, 2018 at around 7 o'clock in the evening?

A: We just finished unloading the supplies from one of my

dump trucks to the warehouse in R. Castillo and we were
about to call it a day and I received a call from one of the
truck driver on the field and said that it was emergency.

Q: Kung imong mahinumduman asa ug nag unsa ka

atong Setyembre 1, 2018 mga alas syete sa gabii?

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 A: Bago ra mi nahuman ug naog sa mga supplies gikan
sa dump truck patungod sa warehouse sa R.Castillo
human nakadawat ko ug tawag gikan sa isa nako ka
driver na tua pa sa dalan. Ana ang driver na emergency
call.

5. Q: Who called you?

A: One of my truck drivers Mr. Bitao.

Q: Kinsay nanawag nimo?

A: Isa sa mga truck driver nako si Manong Bitao.

6. Q: What is your relationship with Mr. Bitao?

A: Mr. Bitao is one of my employees who has been
serving for more than twenty years in my trucking
business. He is here since the time the trucking business
was still managed by my father and up to the time when
my father passed away Mr. Bitao never left the company
and still works with us passionately. Mr. Bitao is a
trustworthy person and I treat him as someone close to
familial to me.

7. Q: What did Mr. Bitao told you? As he said it was

emergency?
A: He said that the windshield of the truck that he was
driving was shattered into fragments as someone threw
stones at it.

Q: Unsa man ang ingon ni Mr. Bitao kay ingon man sya
emergency?
A: Ingon sya na ang iyang gina maneho na truck kay
nabuak ang windshield kay human kini na bullseye kay
tungod naay nanlabay ug bato.

8. Q: Who is the owner of the truck and what are the

specifications of the truck involved?
A: It is a Mitsubishi Canter color white with plate number
YMC 160 as shown here in the Original Certificate of
Registration and Official Receipt (OR/CR) of the vehicle.

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 The owner of the vehicle as stated in the OR/CR is Jason
Mabanding, who is the affiant in this affidavit.

Q: Kinsa ang Tag-iya sa truck ug unsa ang iyahang

specifications?
A: Mitsubishi Canter na color white ug naay plate number
YMC 160 na nakabutang diri sa OR/CR sa truck. Ang
nakabutang na tag-iya sa truck ay si Jason Mabanding,
ako, na karon ang naga himo ani na affidavit.

9. Q: Where was the truck at the time of Mr. Bitao called?

A: The truck was on the road on the way to our
warehouse.

Q: Asa ang truck katong oras na nanawag si Bitao?

A: Naa pa sa dalan ang truck pabalik pa sa warehouse.

10. Q: How were you able to tell that the truck with plate
number YMC 160 was on the road and on its way to your
warehouse at that time?

A: Mr. Bitao during his call told me that he was passing

Talomo Public Market. I also checked my computer which
is linked with Global Positioning System (GPS) attached
to every truck in my fleet and it appears that Mr. Bitao
was indeed somewhere near Talomo public Market as the
GPS points the coordinates to that place.

Q: Gi unsa nimo pag ingon na ang truck na naay plate

number YMC 160 ay naa pa sa dalan ug pabalik na sa
imong warehouse?

A: Gi ingon ni Mr. Bitao na bago lang sya nilapas sa

Talomo Public Market ug ako sad gi check ang akong
computer naka connect sa Global Positioning System
(GPS) na gikabit sa tanan truck ug kini gipakita na ang
truck na gina drayban ni Mr. Bitao is duol ra sa Talomo
Public Market kay naa ang coordinates nag pakita didto.

11. Q: Did Mr. Bitao told you what his action was right after
the throwing?
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 A: He said that he double-parked the truck with hazard
lights on, and together with his helper, Maria Turo, who is
also one of my employees alighted from the truck and
chased the suspects.
Q: Gi ingon ba ni Mr. Bitao unsa iyang gihimo pag human
sa insidente?
A: Ingon sya na iyang gi double park ang truck na
nagsiga ang hazard ug ginaog nila ang mga nanlabay
kauban ang iyang helper na si Maria Turo na empleyado
sad nako.

12. Q: So they chased the suspects, did Mr. Bitao caught the
persons responsible for the damage?

A: After few minutes from his last call Mr. Bitao called
again and said that he cannot chase the persons
responsible for the damage as it was also a risk of leaving
the truck unmanned and parked alongside the national
highway. He then said that the police and barangay
officials are there at the time of their return.

Q: Ila diay gi gukod ang mga suspect, nadakpan ba nila

Mr. Birao ang mga nanlabay ug bato?
A: Paghuman sa pipila ka minuto, nitawag usab si Mr.
Bitao sa akoa ug iyang gi ingon na wala na nila gukdi ang
mga nanlabay ug bato kay delikado sad biyaan ang truck
na walay tao ug naka park ra sa kilid sa maharlika
highway. Ingon sad siya na pag abot nila didto kay naan
a ang mga police ug barangay tanod.

IN WITNESS WHEREOF, I have hereunto set my signature this

rd
3 day of October 2018 at Davao City, Philippines.

Page 5 of 8
 JERSON MABANDING
Affiant

SUBSCRIBED AND SWORN to before me this 3RD day of

October 2018 at Davao City, Philippines, affiant exhibiting to me his
SSS ID No. 18-888888 valid until December 25, 2020, bearing his
photograph and signature thereon as his competent evidence of
identity.

WITNESS MY HAND AND SEAL.

ATTY. HANSEL JAN ATMOSFERA

Assistant Provincial Prosecutor
Roll No. 67890 / 5-2-07
IBP. No. 667899 / 12-29-07
MCLE Exempt
PTR Exempt
Hall of Justice, Ecoland Street
Davao City

Doc. No. 1 ;
Page No 1 ;
Book No. 1 ;
Series of 2018.

REPUBLIC OF THE PHILIPPINES)

CITY OF DAVAO ) S.S.
X--------------------------------------------X

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 ATTESTATION

I, Atty. Hansel Jan Atmosfera, of legal age, Filipino, married

and a resident of Davao City with office address at Toril, Davao City,
Philippines, under oath hereby states THAT:

1. I personally conducted and supervised the foregoing

examination of Ms. Jonie Tango of the above-entitled
case;

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

have asked and the corresponding answers that the said
witness gave; and

3. I have neither coached nor was there any person who

coached or assisted the affiant in answering the questions
propounded to her

IN WITNESS WHEREOF, I have hereunto set my signature this

rd
this 3 day of October 2018 at Davao City, Philippines.

Atty. Hansel Jan Atmosfera

Affiant

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 SUBSCRIBED AND SWORN to before me, a Notary Public of
Davao City, Philippines, this 3 rd day of October 2018, Atty. Hansel
Jan Atmosfera exhibited to me her GSIS I.D. #10-234557 valid until
December 25, 2020 with her photograph and signature indicated
thereon as his competent evidence of identity.

ATTY. PEDRO PENDUKO

Notary Public – Davao City
Until December 31, 2019
Notarial Commission Serial No. 57
PTR No. 9676324, 01/03/13.
IBP Member Roll No. 616538, 01/03/13.
Roll of Attorneys No. 51494
TIN No. 209-971-057; 05/30/13.
MCLE Compliance No.12846, 01/05/13.

Doc. No. 11 ;
Page No 3;
Book No. 1;
Series of 2018.

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