Republic of the Philippines

Municipal Trial Court

Branch 1
Borongan City

Luna Cruz,
Complainant, Civil Case No. 2023-03-
123

-versus- -for-

Emma Gunda, “DAMAGES”

Respondent.
.x---------------------------------------x

JUDICIAL AFFIDAVIT OF LUNA CRUZ

I, LUNA CRUZ, 65 years of age, widowed, residing at Mountain
View Subdivision, Borongan, Eastern Samar after having been sworn
to in accordance with the law do 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 ATTY. AERIELLE GRACE M. ABOT, the
counsel, who executed the examination in her office at 3 rd Floor,
Cojuangco Bldg. Rizal Street, Borongan City, Philippines;

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;

PURPOSE: This affidavit / testimony of plaintiff, LUNA CRUZ, is being

offered to prove that herein defendant’s negligence in the supervision of
her hired carpenter, caused the death of complainant’s dog whom she
loved dearly and led her to suffer mental anguish.
Q1: Do you swear to tell the truth and nothing but the truth?
A1: Yes Ma’am.

Q2: Please state your name and other personal circumstances for
the record.
A2: I am Luna Cruz, 65 years of age, widowed, I have been residing
at Mountain View Subdivision, Borongan, Eastern Samar for 30
years now.

Q3: Do you know Emma Gunda?

A3: Yes Ma’am.

Q4: How have you known her?

A4: She has been my neighbor for the last three years.

Q5: Why are you executing this complaint against Emma Cruz?
A5: The carpenter she hired killed my dog.

Q6: How did he do this?

A6: He carelessly parked an old truck in a sloping part in front of
Emma’s house.

Q7: How did you discover the incident?

A7: I was taking siesta in my living when I noticed that Bruno was
no longer by my feet. I immediately looked for him in the kitchen
because he liked to go there to rub his belly by the tile floor but he
wasn’t there.

Q8: After that, what did you do?

A8: I decided to go to the garden to look for him, but before I could
even reach the garden, I heard a loud crashing sound followed by
Bruno’s cries.

Q9: What happened next?

A9: I ran to where the sound was coming from and saw Bruno
under the wheel of a truck. He was fighting for his life, blood was
coming out of his moth. I cried for help but no one came.

Q10: Did you recognize the truck?

A10: Yes. It has been parked in front of Emma’s house since she
began her home renovation. It belongs to one of her carpenters.

Q11: Did you talk to Emma about the incident?

 A11: Yes. I went to her as soon as Bruno died.

Q12: What did she do?

A12: She called the owner of the truck and said that it wasn’t their
fault Bruno died because the truck was properly parked. She
refused to adhere to my demands and said that it was only an
accident. She even spoke ill of my dog.

Q13: Do you have proof that the incident was due to negligence?
A13: Yes. The truck was old and unstable and the area where it
was parked was sloping.

IN WITNESS WHEREOF, I have hereunto set my hand this

24 day of April, 2023.
th

LUNA CRUZ
Affiant

SWORN ATTESTATION

SUBSCRIBED AND SWORN to before me, a notary public of

Borongan City on this 24th day of April 2023, affiant personally
came an appeared before me, exhibiting her Driver’s license No. 1-
2462 issued on March 20, 2014 at Tacloban City, known to me
and avowed under penalty of law to the whole truth of the
contents of said instrument.

Atty. Irene Rose B.

Hugo
NOTARY PUBLIC
Until December 31,
2024
PTR No. 050183/Baguio
City/01-11-16
Roll of Atty. No.
8121983
IBP Lifetime
Membership No.
9031984
Borongan City
Doc. No. 28
Page No. 04
Book No. 06
Series of 2023.