JUDICIAL AFFIDAVIT

I, Kidd Aznar, 36 years old, born on April 1, 1984, single, a Police Master Sergeant
at Philippine National Police - Digos City, Davao del Sur, after having been duly
sworn to in accordance with law, hereby depose and state:

PRELIMINARY STATEMENT

That in accordance with A.M. No. 12-8-8-SC, which prescribes the use of judicial
affidavits to serve as the direct examination testimony of the witness, on the basis of
which the adverse party may conduct their cross-examination on such a witness, I
hereby execute this judicial affidavit in a question and answer format;
That conformably with section 3 (b) of the said A.M. No. 12-8-8-SC, I also state that
it was Assistant City Prosecutor__________ , of the Digos City Prosecutor’s Office
who conducted the examination of the undersigned affiant;
That conformably also with section 3 (c) thereof, I hereby state under the pain of
perjury that in answering the questions asked of me, as appearing herein below, I
am fully conscious that I did so under oath, and that I may face criminal liabilities for
false testimony or perjury;

AND UNDER OATH, AVERS THE FOLLOWING:

1. Q : Please state your name and any other facts about you.
A: I am Kidd Aznar, 36 years old, a Police Master Sergeant of the PNP
Digos City, unmarried.
2. Q : Mr. Aznar, do you remember executing a judicial affidavit?
A: Yes.
3. Q : I am showing you a signed document under your name, is this your
signature?
A: Yes, it is mine.
4. Q : What is your purpose in executing this Affidavit?
A : This is in support of the complaint against the accused, Mr. David.

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 5. Q : You mentioned that you are a police officer, in what police station are
you assigned?
A: I am currently assigned at the Digos City Police Station.
6. Q : Since when have you been assigned at Digos City Police Station?
A: I was assigned at the Digos City Police Station since 2009.
7. Q : Where were you on Jan. 21, 2020 at approximately 9:20 pm?
A: At around 9:20 pm, I was with PSGT Frankie Panda conducting a
mobile patrol along Rizal Avenue.
8. Q : What significant event happened, if any?
A: Upon reaching the area near BDO, we stopped our vehicle to
investigate a group of people and vehicles converged at the street.
9. Q : What did you see in the area?
A: After exiting our patrol car, we saw a black Ford ranger, with plate
number ACV 1721, parked askew on the opposite side of the road facing the
direction of LYR bldg.
10. Q : What did you do upon reaching the area?
A: We approached the area and noticed that a person was lying prone on
the street surrounded by onlookers.
11. Q : What did you do upon seeing the victim?
A: We approached the person and immediately rendered assistance. I
checked his pulse and confirmed that he was still breathing and I then called
an ambulance for assistance.
12. Q : Who was the person lying on the ground?
A: The victim was later identified as Mr. Cecilio Chavez
13. Q : Where was Mr. Chavez situated after the collision?
A: He was lying prone 3 meters away from the centerline.
14. Q : What was the situation of the victim when you found him?
A: Mr. Chavez was unconscious and he was covered in blood.
15. Q : After rendering assistance to Mr. Chavez, what did you do next, if
any?
A: I approached the vehicle and learned that the driver was still inside his
pickup truck.
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 16. Q : What did you do to the driver of the pickup truck, if any?
A: I instructed the driver to alight from the vehicle and he subsequently
complied.
17. Q : What did you do to the driver after he alighted from the vehicle?
A: I inspected for his driver’s license and identified the driver as Mr.
Danilo David.
18. Q : What did you notice upon seeing the driver of the pickup truck, if any?
A: Mr. David reeked the smell of alcohol and he seemed to be unable to
stand properly.
19. Q : What did you say to the driver after inspecting his license?
A: I informed him that he figured in an accident and that he side-swiped
Mr. Chavez.
20. Q : What was his reaction after informing him of the accident?
A: I could not understand him, he was incoherent and his speech was
slurred thus, we failed to gather any information from his answer.
21. Q : How were you able to gather information then?
A: We asked several bystanders who witnessed the incident.
22. Q : What did they say, if any?
A: They confirmed that the black Ford Ranger was moving very fast along
Rizal Avenue towards the direction of 1st crumb.
23. Q : What was Mr. Chavez doing before the collision?
A: He was allegedly crossing the street from the side of Green Coffee and
was standing at the centerline of the street.
24. Q : Why was he standing in the centerline of the street?
A: He could not proceed from crossing as he saw the black Ford Ranger
moving very fast and he stopped at the centerline to let the said vehicle pass.
25. Q : What happened after Mr. David swiftly traversed the Rizal Avenue?
A: In approaching near the pedestrian crossing, the black Ford Ranger
swerved and thereby hit Mr. Chavez to which the latter was thrown 3 meters
away from the center line.
26. Q : I have here a copy document, what is the significance of the this
document?
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 A: This is the PNP incident report that was prepared by SPO2 Cardo
Dalisay
27. Q : What is the significance of the said report?
A: The report shows the details as to what transpired during the accident
based on my personal knowledge and information gathered from the
bystanders.
28. Q : What did you do to Mr. David after questioning the bystanders?
A: We arrested Mr. David and informed him of his Constitutional rights by
citing the Miranda rights in Bisaya, a language he could understand.
29. Q : What did you do after his arrest?
A: We brought Mr. David to to Digos Police Station for proper
documentation and preventive detention.
30. Q : In your professional opinion, what is the liability of the accused Mr.
Danilo David?
A: Mr. David is criminally liable for Reckless Imprudence resulting to
Serious Physical Injuries.
31. Q : For the meantime, I don’t have further questions, do you have any
statements to add or take away on this affidavit?
A: I don’t have sir for the meantime.
32. Q : Were you threatened, promised or bribed to do this confession?
A: No sir. I made it voluntarily with my own free will.

33. Q : Are you willing to sign this affidavit consisting of six (6) pages, to
certify that all the statements you made are true.

A: Yes sir.

---------END OF STATEMENT----------

IN WITNESS WHEREOF, I hereunto set my hand below this _______ day

of ______, 2020 at _Digos City, Davao del Sur____.

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 PMSGT KIDD AZNAR
Affiant

SUBSCRIBED AND SWORN to before me this ____ day of ___________,

2020 at ___________________________. Further, I certify that I personally
examined the herein affiant that he voluntarily executed and fully understood his
statements.
IN WITNESS WHEREOF, I hereunto set my hand below this _______ day
of ______, 2020 at ________________________.
________________________
Investigator
SUBSCRIBED AND SWORN to before me this ____ day of ___________,
2020 at ___________________________. Further, I certify that I personally
examined the herein affiant that he voluntarily executed and fully understood his
statements.
________________________
Administering Officer

ATTY. JULIUS CESAR M. SALARZA

Counsel for the Petitioner
ROLL NO. 87451, 02-12-2019
IBP NO. 591816, 11-16-2019, DAVAO DEL SUR
PTR NO. 1542791, 03-09-201, DIGOS CITY
TIN: 129-982-032, NC CASE NO. 256
MCLE Compliance No. V-0085394
Issued on December 20, 2019

Doc. No. ____;

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Page No. ____;
Book No. _____;
Series of 2020.

SWORN ATTESTATION
of Examining Lawyer

I, Julius Cesar M. Salarza, after having been duly sworn to in accordance with law do
hereby attests:

1. That I conducted the examination of the witness FRANZ CAMEROS

who executed the foregoing Judicial Affidavit;

2. That I faithfully recorded the questions I asked and the corresponding

answers that the witness gave;

3. That neither I nor any other person then present coached the witness
regarding her answers.

Done this ____ of _______ 2020, in Digos City, Davao del Sur, Philippines.

ATTY. JULIUS CESAR M. SALARZA

Examining Lawyer

SUBSCRIBED AND SWORN TO before me, this ____ day of ______ 2020, in Digos
City, Davao del Sur, affiant exhibiting to me his LTO Driver’s License Number
_______________.

Doc. No. ____;

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Page No. ____;
Book No. ____;
Series of 2020.
Copy Furnished:

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