Republic of the PhilippinesRegional Trial Court

Branch _____
Iloilo City
Republic of the Philippines
Municipal Trial Court
Branch 33
Dumaguete City

People of the Philippines Criminal Case No._________

For: Robbery with Homicide
-versus-

XXX Bastos, and YYY Gwapito, Accused

x---------------------------------------------------x

JUDICIAL AFFIDAVIT

I, EEE, of legal, Filipino, and resident of Daro, Dumaguete City, Negros

Oriental, after having been duly sworn to accordance with law, do hereby
depose and state that:

The taking of my Judicial Affidavit was taken and administered by Atty.

___________ at his/her office at _______________. I am responding to the
questions asked of me with full awareness that I do so under oath and may
face criminal liability for creating false testimony or perjury. I am executing
this judicial affidavit in the form of question-and-answer, and in English, a
language I am fluent with.

The questions asked by Atty. _____________ and the answers I gave are
the following:

Q1: Witness, please state your name and personal circumstances for the
record.
A1: I am EEE, of legal age, single, Filipino, with address Daro, Dumaguete
City, Negros Oriental.

Q2: Do you know the reason you are here?

A2: I am here because I will give testimony as to what happened at the

corner of Perdices and Locsin St. in the evening of August 29, 2020.

Q3: Are you aware of the nature of this oath and its consequences, and that
you may be criminally liable for false testimony or perjury?

A3: Yes, I am aware.

Q4: You are testifying in English. Are you okay with that?

A4: Yes, I understand English very well.

Q5: Can you remember very clearly what happened on the evening of
August 29, 2020 at the corner of Perdices and Locsin St.?

A5: Yes, I remember what happened very clearly.

Q6: Where were you exactly at the time of the incident?

A6: I was about 20 paces from where the victim and the accused were.

Q7: Were you alone at the time?

A7: No, I was with DDD at the time of the incident.

Q8: Who is DDD?

A8: He is my classmate.

Q9: And when you were with DDD, what were you two doing?

A9: The two of us were just strolling in the street while we were talking.

Q10: When the two of you were talking, did you notice anything that stood
out.

A10: Yes, although we were talking, we noticed two men corning one other
man.

Q11: And why would you take notice of just two men with one other man?

A11: Well, it appeared to me that something was not right in the way that
the two other men was talking to the man they cornered.

Q12: Could you clearly identify these two men at the time?

A12: Yes, they were clearly the accused, XXX and YYY.

Q13: And who was this man that XXX and YYY cornered?

A13: It was ZZZ, the victim.

Q14: You said that you were able to identify both the accused and the
victim. Why do you say so?
A14: It was evening at the time, but there was adequate light where the
accused and the victim were. There was a light post near where they were
all standing.

Q15: You said that you noticed something wrong with the way that XXX and
YYY were interacting with ZZZ. What was something wrong?

A15: I noticed that XXX and YYY were pushing ZZZ around.

Q15: Do you know why XXX and YYY were pushing ZZZ around?

A15: I heard the conversation they had. XXX and YYY were telling ZZZ to
surrender his wallet and phone, and wristwatch.

Q15: What happened next after that?

A15: ZZZ would not surrender the things XXX and YYY asked for. He
resisted.

Q16: How did ZZZ resist?

A16: ZZZ resisted by pushing XXX and YYY back, but the other two just kept
coming.

Q17: Did ZZZ succeed or fail in resisting XXX and YYY?

A17: No, ZZZ failed in resisting XXX and YYY.

Q18: Why did he ZZZ fail?

A18: He failed XXX and YYY were able to get the things they demanded
from ZZZ.

Q19: How did XXX and YYY accomplish that?

A19: Just when ZZZ was resisting by pushing back XXX and YYY, XXX pulled
out a knife and then stabbed several times in the chest ZZZ. ZZZ died
immediately thereafter.

Q20: How do you know that it was a knife that XXX pulled out?

A20: I knew it was a knife because although XXX used it very quickly in using
it against ZZZ, the blood that came from ZZZ after being stabbed by the
knife was enough indication to me that it was a knife and not anything else.

Q21: Are you sure that the blood was from ZZZ?

Q22: Yes, I personally saw that blood come right from the chest of ZZZ.

Q23: What did XXX and YY do after stabbing ZZZ?

A23: Both of them proceeded to loot the body of ZZZ and then fled the
scene as soon as they could.

Q24: Do you know which direction they ran to?

Q24: No, as soon as they were done looting the body of ZZZ, I quickly then
hid myself to avoid being seen by them.

Q25: Why did you hide?

A25: I did not want them to kill me as well.

Q26: I have no further questions. Do you have anything to add, Mr.

Witness?

A26: No, Attorney.

IN WITNESS WHEREOF, I have hereunto affixed my signature this

___________ at Dumaguete City, Negros Oriental, Philippines.

XXX
Affiant

ATTESTATION
I hereby state, under oath, that I faithfully recorded the questions I
asked and the corresponding answers that the witness gave and that
neither I nor any other person present or assisting me has coached the
witness regarding the latter’s statement.

ATTY. _______________

SUBSCRIBED AND SWORN to before me this ____________ at

Dumaguete City, Negros Oriental, Philippines. I certify that I have personally
examined the affiant and that I am persuaded that he understood and
voluntarily executed this Judicial Affidavit.
M.A.E.S
Marc Angelo E. Sison