REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
Branch 1, City of Manila
09190580000-security bank

ALAY BUHAY FOUNDATION

CHARITY CENTER
Plaintiff,
CIVIL CASE No. 02-002022____
-versus- For: DAMAGES ARISING FROM
ARTICLE 25 OF THE CIVIL CODE
OFFICE OF THE BARANGAY
CHAIRMAN, BARANGAY 473
SAMPALOC MANILA through
its Barangay Chairman
ERNESTO CABUYAO, Barangay
Kagawad JASON ESTANISLAO,
LYDIA SAYSON, SAMMUEL
LONTOK, ABDUL JALANDONI,
RICARDO SUMAYAO, AMIRA
BERNARDINO and MARK
HOMERES, Barangay Treasurer
LISA LAGUANI and Barangay
Secretary JASSICA FLORES
Defendants.
x------------------------------------------x

JUDICIAL AFFIDAVIT
of ROSARIO BENSOL
(Witness for the Plaintiff)

The foregoing Judicial Affidavit of witness, Mrs. ROSARIO BENSOL,

(“Rosario”) would serve as part of his direct testimony in the
above-captioned case, and is being offered to prove the
following:

a. Defendants’ actions in extravagantly displaying the ten

(10) Toyota Vios Sedan cars despite the existence of
public emergency, resulted to public outrage from its
constituents.
b. The fact that the ten (10) Toyota Vios Sedan cars were
publicly displayed on 27 July 2022
 c. The fact that Metro Manila is and still under the State of
Calamity when the extravagant display of the ten (10)
Toyota Vios Sedan cars, happened.

Mrs. ROSARIO was examined by Atty. Michael Donasco Talana

at Unit 309 Philippine Social Science Center Building
Commonwealth Avenue, Diliman, Quezon City on 05 September
2022.

Questions were asked in English, and thereafter interpreted to

the witness. Each question was followed by the answer of
ROSARIO. The examination was recorded and transcribed.
Before signing this Judicial Affidavit, the transcription of the
examination was received and approved by Elmer.

EXAMINATION OF WITNESS
ROSARIO BENSOL

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

A: I do.

2. Q: Are you aware that the answers you give today are
made under oath and that you may face criminal liability
for false testimony or perjury?
A: Yes, Atty. I am fully aware.

3. Q: For the record, please state your name and other

personal circumstances for the record.

A: I am ROSARIO BENSOL, Filipino, 58 years old and a

resident of Brgy. 473 Sampaloc, Manila. I am a widow with
five (5) children. I am also a member of 4Ps.

4. Q: Do you have any job, Ma’am?

A: No, Atty., I do not. But I have a sari-sari store before for
a living.

5. Q: You mentioned having 5 children, is that right?

A: Yes, Atty., 3 girls and 2 boys.

6. Q: How old are they? Do they work? Can you tell us

about your family, Ma’am.
A: My eldest is 16 y.o, then 14 y.o., then 7 y.o., then 6 y.o
and my youngest is 3 y.o. My eldest is a boy, he no longer
 goes to school. He just finished up to grade 9 and started
to work on different occasion. My send child is a girl, does
not go to school as well, and currently in Zamboanga to
work as a housemaid. My three other children is with me.
They are dependent on me as I used to have a sari-sari
store for a living

7. Q: You mentioned that you used to have a sari-sari store,

what do you mean by that, ma’am?
A: Yes, Atty., I used to have a sari-sari store. However,
due to typhoon karen, my sari-sari store was destroyed.
And even the goods inside it where taken by the flood.
After the typhoon, I no longer have anything to sell and
even the store itself cannot be used. I do not know where
to get something to give to my children. I already talked to
Sharon, my second child in Zamboanga, but until now, she
hasn’t sent me a money. I do not know how we will be able
to survive. Then this, I saw our barangay officials having
their new cars! How insensitive!! We are being struck by the
typhoon, we are under the State of Calamity, then here
they are. Displaying their cars as if nothing happened???

8. Q: I am sorry to hear that, ma’am. But, going

further, since you already mentioned, is it safe to say that
you are aware that Metro Manila is under the State of
Calamity, am I right?
A: Yes. Of course! It’s been the talk of the town. It’s all
over the news. I even heard it from news program over the
radio of the proclamation made by the President.

9. Q: You also mentioned about the display of the cars in

the barangay hall of Brgy. 473, Samapaloc Manila, where
you there when it arrived and the display happened?
A: When it arrived, no Atty. But you know how fast the
news spread. And so, after a while, I went to the Barangay
Hall and saw it for myself. Ten (10) cars were parked in front
of it.

10. Q: Ma’am, I am showing to you the pictures of the ten

(10) Toyota Vios Sedan Cars, can you confirm before the
Honorable Court that this is the same cars that you are
referring at?
A: Yes!!! That’s the cars. Those were the cars that were
displayed outside the Barangay Hall.
 [Presentation and Marking]

11. Q: When you saw these cars, Ma’am, what was your
reaction?
A: Oh my God, Atty. I am totally mad. I am angry. I want
to confront these barangay officials of their insensitivity. It’s
like they were telling me and slapping me of the fact of my
economic status. That I am so poor. Just imagine going
through this devastation by the typhoon, then suddenly,
they are showing off to the public their new cars!!! That is
totally outrageous.

12. Q: I am sorry to hear that ma’am. But, going further, were

you with somebody else at that time?
A: Yes, Atty. I am with my neighbor, Jesusa.

13. Q: What was Jesusa’s reaction, back then?

A: We felt the same, Atty. She was also angry. She was
mad. We really can’t believe on that day, that they have
to display these cars. They could have at least waited for a
month or wait for us and others who were greatly affected
by the typhoon to recover before they publicly displayed
these expensive cars!

14. Q: Is there anything else that you want to add?

A: I just want to say that they should have at least extend
some help to us even after the typhoon. These barangay
officials should be disciplined. What they did was wrong.

15. Q: Anything else, ma’am?

A: Nothing more, Atty.

IN WITNESS WHEREOF, I have hereunto set my hand this 16th

September 2022 at Quezon City, Philippines.

ROSARIO BENSOL
Witness
 SWORN ATTESTATION

The undersigned hereby attests that, as counsel of the witness, I

faithfully recorded the questions I asked and the corresponding
answer of the Witness Elmer Caguindagan gave and that neither
I nor any person present or assisting he witness regarding his
answers / statements.

MICHAEL DONASCO TALANA

Person who examined the witness

Atty. Nica Joy So

NOTARY PUBLIC
Until December 31, 2016
PTR No. 22244415-07 – 01/05/2014
Doc. No. 244; IBP No. 1122234-01 – 01/05/2014
Page No. 35; Manila City
Book No. 2; MCLE Compliance No. 1233331
Series of 2022

Copy furnished:
Atty. AJAY ANN M. DELA CRUZ
Counsel for the defendants
Unit 25 Kayumanggi Street
Mandaluyong City 1550 Metro Manila

ERNESTO CABUYAO
JASON ESTANISLAO
LYDIA SAYSON
SAMMUEL LONTOK
ABDUL JALANDONI
RICARDO SUMAYAO
AMIRA BERNARDINO
MARK HOMERES
LISA LAGUANI
JASSICA FLORES
Barangay Hall
Barangay 473,
Samapaloc, Manila