Republic of the Philippines

7th Judicial Region

MUNICIPAL TRIAL COURT IN CITIES
Branch 13, Cebu City

PEOPLE OF THE PHILIPPINES,

Plaintiff,
CASE NO. M-CEB-20-03908-CR
FOR: VIOLATION OF CITY
-versus-
ORDINACE NO. 511

JACINTO ABELLANA MABULAY,

Accused.
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JUDICIAL AFFIDAVIT OF THE

ACCUSED

This Affidavit of Jacinto Mabulay is executed to serve as his direct testimony in

the instant case.

This Judicial Affidavit is being offered to prove that:

1. On October 10, 2020 at on or about 7:30 p.m. while he was

walking in Cabreros St., Basak San Nicolas, Cebu City, Barangay
Tanod Santos Cabaluna (BT Cabaluna) called his attention;
2. BT Cabaluna informed him that he is a suspect of the stabbing
incident that occurred last October 8, 2020 midnight;
3. BT Cabaluna handcuffed him and together with others tanods,
brought him to the barangay hall of Basak San Nicolas;
4. BT Cabaluna turned him over to Barangay Tanod Leonardo
Remulano and then he left;
5. A few minutes later, BT Cabaluna came back with a knife inside a
plastic and told him that he is the owner of the said knife;
6. He will also identify documents attached to the records of this
case, and;
7. All other related matters, facts and circumstances relevant and
material to this case.

I, Jacinto Mabulay, fully conscious that I am answering under oath the

following questions propounded to me by Atty. Jed Carlo S. Lazaga, at the Public
Attorney’s Office-Cebu District Office, 3rd Flr. Taft Commercial Center, Metro Colon
Carpark, Kalubihan, Cebu City, this 21 st day of January 2022 and fully aware that I
may face criminal liability for false testimony or perjury for any false statement or
claim herein, hereby state:

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QUESTION 1. Please state your name, age, civil status address and
occupation?

ANSWER: I am Jacinto Mabulay, of 52 years old, single with address at

Cabreros St., Basak San Nicolas, Cebu City and I am a vendor.

QUESTION 2. Are you aware that you are under direct examination for
the presentation of evidence in the case entitled “People
of the Philippines vs. Jacinto A. Mabulay” docketed as
Criminal Case No. M-CEB-20-03908-CR, for Violation of
City Ordinance 511?

ANSWER: Yes Sir.

QUESTION 3. Mr. Witness, where were you on October 10, 2020 at

around 7:30 in the evening?

ANSWER: I was on my way home from the transmitter site of DYRF in Sitio
Ginabsan, Basak San Nicolas, Cebu City;

QUESTION 4. What did you do in the transmitter of DYRF?

ANSWER: I was looking for my friend Alfredo Lape who is a techinician of

DYRF but he was not on duty at that time so I went home.

QUESTION 5. While on your way home what unusual incident

happened if any?

ANSWER: BT Cabaluna, a barangay tanod of Basak San Nicolas called my

attention.

QUESTION 6. What happened after you were called by BT Cabaluna?

ANSWER: He told me that I am the suspect of a stabbing incident that

occurred last October 8, 2020 at midnight and then he
handcuffed me.

QUESTION 7. What was your reaction when you heard that

information and got handcuffed?

ANSWER: I was shocked and I told BT Cabaluna that I do not know that
incident.

QUESTION 8. What did BT Cabaluna do after that?

ANSWER: He called for backup tanods and then they brought me to the
Barangay Hall of Basak San Nicolas.

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QUESTION 9. What happened at the barangay hall?

ANSWER: BT Cabaluna turned over me to barangay tanod Leonardo

Remulano and then he left.

QUESTION 10. What happened thereafter?

ANSWER: After a few minutes, BT Cabaluna came back bringing a knife

which was inside a plastic and then he told me that that knife
belongs to me.

QUESTION 11. What happened after you were shown the knife?

ANSWER: I vehemently denied what he said but they brought me to Police

Station 11.

QUESTION 12. When did you come to know that you were charge for
violation of C.O. 511?

ANSWER: I only knew the charge during the inquest at the prosecutor’s
office.

QUESTION 13. What can you say about this case against you?

ANSWER: This is not true sir. I came to know later on that It was my
brother Jerome Mabulay who instructed BT Cabaluna to file
charges against me.

Cebu City, Philippines. January 21, 2022.

JACINTO A. MABULAY
Affiant-Witness
VIN: 2217-1210B-K1170JAM10000-4

SUBSCRIBED AND SWORN to before me this 21st day of January 2022,

affiant personally appeared and exhibited to me the above-mentioned ID, bearing his
name, photograph, and signature.

JED CARLO S. LAZAGA

Public Attorney II
(Pursuant to R.A. 9406)

ATTESTATION
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 I, JED CARLO S. LAZAGA, Public Attorney II, do hereby certify that I
faithfully recorded or caused to be recorded the questions asked and the
corresponding answers that the Affiant witness gave and that neither I, nor any
other person then present or assisting me coached the affiant witness regarding the
latter’s answers.

JED CARLO S. LAZAGA

SUBSCRIBED AND SWORN to before me this 21st day of January 2022

affiant personally appeared and exhibited to me his IBP ID with No. 60047, bearing
his name, photograph, and signature.

Copy personally furnished to:

Hon. Naruzen D. Lorete

Public Prosecutor
Cebu City
zenlore.inquest2020@gmail.com