REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

7TH Judicial Region
Branch 83
Mandaue City

PEOPLE OF THE PHILIPPINES

Plaintiff,

-versus- CRIM CASE NO. 17289

For: Slander

LEXI MAR PINOPOY

Accused.

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JUDICIAL AFFIDAVIT

PRIVATE COMPLAINANT

Name: KHENNY M. PONCE

Age: 27 years old
Residence: Brgy. Opao, Mandaue City

COUNSEL WHO CONDUCTS AND SUPERVISES THE EXAMINATION

Name: MIKE L. AMISTOSO

Age: 32 years old
Place where the
examination was
conducted: Unit 201 Carlos-Perez Bldg, Alang-alang, Mandaue City

VERIFIED STATEMENT

I, KHENNY M. PONCE, of legal age, a Filipino citizen, with residential address at 707 Amara
Condominium Brgy. Opao, Mandaue City, hereby affirm that I am answering the questions asked
of me of Atty. Mike L. Amistoso, fully conscious that I am doing so under oath and that I may face
criminal liability for false testimony or perjury.

The testimony of this witness is being offered in order to prove the incident involving the
accused whereby the accused uttered false and malicious statements that private complainant

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has a sexually transmissible disease on January 11, 2022, leading to the damaged reputation of
the private complainant.

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This Judicial Affidavit was taken at the office of Atty. Mike L. Amistoso at Unit 201 Carlos-Perez
Bldg, Alang-alang, Mandaue City on February 15, 2022.

Questions were propounded by Atty. Mike L. Amistoso and these questions are numbered
consecutively and each question is followed by the answer of the witness.

1. Q: Do you swear to tell the truth and nothing but the truth in the matters you are going
to state today?
A: Yes, sir.
2. Q: Please state your full name, age, residence and other personal circumstances for the
record.
A: I am Khenny M. Ponce, 27 years old, married, currently working as Social Worker and
residing at 707 Amara Condominium, Opao, Mandaue City.

3. Q: Are you the private complainant in this case?

A: Yes, I am.

4. Q: Why did you file this case against the accused?

A: Because Lexi Mar Pinopoy uttered false, malicious statements against me in the
presence of other persons.

5. Q: When and where did it happen?

A: It happened on January 11, 2022 at around 3:00 in the afternoon at the parking area
of Amara Condominium where I live.

6. Q: What are you doing at the time of the incident?

A: I was just locking the door of my car after I parked coming home from work.

7. Q: Then what happened?

A: When I passed by Lexi and some residents she is talking and walking to the lobby,
she said to them, “Here comes the slut with sexually transmissible disease, and she even
has a husband. I can’t believe her.”

8. Q: What did you do when you heard her?

A: I looked around to also see who she is talking about, but no other person was around
but only me, her and the two other residents she was talking to earlier.

9. Q: What then happened?

A: She further said, “Trying to act innocent, looking around, like she don’t know who I
am talking about.”

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10. Q: What did you do when you heard that?
A: I confronted her and asked if she was talking about me.

11. Q: What did she reply?

A: She said, “Why? Is it not true? Do you deny it?” to which I replied, “Of course, I deny
it, because it is not true. Be careful what you say Lexi, cause you just might meet me in
court because of that.”

12. Q: What more happened?

A: I turned to leave her, but after few moments, she raised her voice, “I’m not scared,
because it’s true that you’re a walking STD, I have my sources, you know!”

13. Q: What did you do after you heard her?

A: I looked around, and saw that people were looking at me. I feel humiliated, so I
walked faster away and went inside the elevator.

14. Q: Did the people hear what she said?

A: Of course, they heard it because I heard it too and they were already looking at me.
Aside from the 2 neighbors with her, the people at the lobby, looked at me when she
yelled.

15. Q: What happened next, if any?

A: I told my husband about what happened. After that he accompanied me to Opao
Barangay hall and filed a complaint against Lexi Mar Pinopoy. She failed to appear to the
scheduled hearings, so I was issued a Certificate to File Action, the original of which is
hereto attached as Exhibit “A”.

16. Q: Is there anything that you felt after the incident?

A: I really felt humiliated and the fact that people were looking at me when she
shouted, I felt judged there and then.

17. Q: Because of that feeling of humiliation, how much moral damages would you like to
ask?
A: I am asking for an award of P150,000.00 for moral damages atty.

18. Q: Can you think of a reason why the accused would say those defamatory remarks
against you?
A: Not really. I don’t know her very well, except that she is the President of the
homeowner’s association, and I sometimes ask her on the accounting of our dues after
they collect it and maybe she heard that I am planning to run as President of the
Association too.

19. Q: Do you have additional statements ma’am?

A: None at the moment.

-NO FURTHER QUESTIONS-

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IN WITNESS WHEREOF, I have hereunto affixed our signature this 15th day of February 2022 at
Mandaue City, Philippines.

KHENNY M. PONCE
Affiant

SUBSCRIBED AND SWORN to before me this 15th day of February 2022 at Mandaue City
Philippines. I further certify that I have examined the herein affiant, who exhibited to me her
Passport bearing No. P123456C as competent evidence of her identity, and that she freely and
voluntarily executed this instant Judicial Affidavit, the contents of which, read/translated to the
affiant in a language known to her and that she fully understood the same.

Doc No. ______;

Page No.______;
Book No.______;
Series of 2022.

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 SWORN ATTESTATION

I, MIKE L. AMISTOSO, 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.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 15 th day of February 2022 at
Mandaue City, Philippines

MIKE L. AMISTOSO

SUBSCRIBED AND SWORN to before me this 15th day of February 2022 at Mandaue City,
Philippines. Affiant exhibiting to me his IBP Mandaue Chapter ID with Roll No. 70034.

Doc No. ________;

Page No. _______ ;
Book No. _______;
Series of 2022.