LEGAL WRITING III

John Ericson Alo | Patricia Anne Felipe | Nino Jay Maurin | Maria Rocel Rivera
Judicial Affidavit for Complainant accomplished by Eljohn Marin

Republic of the Philippines

National Capital Judicial Region
REGIONAL TRIAL COURT
Branch 1, Municipality of Valenzuela

PEOPLE OF THE PHILIPPINES,

Petitioner,

CRIMINAL CASE NO. V-27-

12345
-VERSUS- FOR: VIOLATION OF SECTION
3 OF REPUBLIC ACT NO. 10883
OR ALSO KNOWN AS “NEW
ANTI-CARNAPPING ACT OF
2016”
ROBERTO GOMEZ and DIEGO
GOMEZ,
Accused.
x--------------------------------------------------------x

JUDICIAL AFFIDAVIT

Witness:
ZENAIDA DE GUZMAN, representative of private complainant Manantal
Cooperative, of legal age, Filipino, and resident of 123 St., Barangay
Bundok, Municipality of Valenzuela, Bulacan.

Examining Lawyer:
ELJOHN C. MARIN
730 Coral Street,
San Antonio Village, Makati

Place of Examination:
Marin Pearson Specter Litt & Associates
27th floor, Petron Megaplaza
Makati Ave. cor. Gil Puyat Sts., Makati

Formal Offer:
Your Honor, we are offering the testimony of Mrs. Zenaida De Guzman to
testify as witness in this case; to prove the material allegations in the
Complaint; and to testify on other matters relevant and incidental in this case.
Witness, in the course of her testimony, will identify documents pertinent to
this case and will also testify on the other allied matters.

I, Mrs. Zenaida De Guzman, of legal age, married, resident of 123 St.,

Barangay Bundok, Municipality of Valenzuela, Bulacan, with an office
address at 124 St., Barangay Bundok, Municipality of Valenzuela, Bulacan,
as part of my testimony in the above-captioned case, after having been duly
sworn in accordance with law, hereby depose and state that:

I am the representative of private complainant Manantal Cooperative,

having its principal office at 124 St., Barangay Bundok, Municipality of
Valenzuela, Bulacan;

In relation to the above-entitled case, the counsel, Atty. Eljohn C.

Marin, in his office located at 27th floor, Petron Megaplaza, Makati Ave. cor.
Gil Puyat Sts., Makati, asked me questions which I answered to the best of
my ability, fully conscious that I did so under oath and that I may face perjury
and/or any criminal liability for false testimony;

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;

This Judicial Affidavit is written in English, a language known and

understood by me;

The questions asked by Atty. Marin and the answers I gave are as
follows:

Q1: Ms. Witness, I will be asking you questions and you will answer them
accordingly. The questions and the answers will be reduced in a form
of a judicial affidavit that serve as your direct testimony in connection
with the case filed for Violation of Section 3 of Republic Act No. 10883
or also known as “New Anti-Carnapping Act Of 2016” docketed as
Criminal Case No. V-27-12345, entitled, “PEOPLE OF THE
PHILIPPINES vs. ROBERTO GOMEZ and DIEGO GOMEZ”,
now pending before the Regional Trial Court in Valenzuela. You shall
only tell the truth and nothing but the truth. Please state your full name,
age and address.
A1: I am Zenaida De Guzman, of legal age, Filipino, married and
representative of private complainant Manantal Cooperative with
residence at 123 St., Barangay Bundok, Municipality of Valenzuela,
Bulacan.

Q2: Would you also please state the process which we are undertaking at
present?
A2: This is in furtherance of the complaint filed by private complainant
Manantal Cooperative against herein accused for violation of Section 3
 of Republic Act No. 10883 or also known as “New Anti-Carnapping
Act Of 2016.”

Q3: What is your position in Manantal Cooperative?

A3: I am its president.

Q4: Being the president, what are your roles and responsibilities in the
cooperative?
A4: Among others, I am the one authorized by the members to initiate
actions for the cooperative; approve loans being asked by the members,
with the concurrence of majority of the members; and institute
foreclosure proceedings.

Q5: Ms. Witness, I believe the charge that you initiated against the accused
is violation of the New Anti-Carnapping Act. Correct?
A5: Yes.

Q6: In line with that, may I know how did you come to know the accused?
A6: Mr. Roberto Gomez, a tricycle driver, is one of the members of the
cooperative who obtained a tricycle loan from the latter. Mr. Diego
Gomez, on the other hand, is the son of Mr. Roberto Gomez.

Q7: Can you narrate how the loan took place?

A7: On October 10, 2017, Mr. Roberto Gomez went to the office of the
cooperative and applied for a loan of Php 80,000 as principal with a
stipulation of one percent (1%) monthly interest or twelve percent
(12%) compounded interest per annum. This loan was approved by me
with the concurrence of all the members on the same day. (Witness
presented a copy of the loan contract a copy of which is hereto attached
and marked as Appendix “A”.)

Q8: Are there any terms and conditions surrounding the loan?
A8: Yes.

Q9: What are these?

A9: Under the loan contract which I just presented, the loan is payable in
three (3) years, the installment payments of which shall be paid every
fifteenth (15th) of the month. It was also stipulated that failure to pay
for two consecutive periods would entitle the cooperative to institute
 extrajudicial foreclosure proceedings of the tricycle which stood as the
security for the loan obtained.

Q10: Would you know the tricycle unit purchased by Mr. Roberto Gomez?
A10: It is a Kawasaki tricycle. Its series is Barako 175 cc, year model is 2018,
engine number is 1MB-123456, chassis number is 1MB-123456 with
plate number 1234KZ. (Witness presented a copy of the official receipts
and certificate of registration a copy of which is hereto attached and
marked as Appendix “B”.)

Q11: Was Mr. Roberto Gomez compliant in paying the loan?

A11: At first, he was compliant in paying the loan. He even paid ahead of the
scheduled date for installment payment to be made. (Witness presented
a copy of the receipts of payments of the loan a copy of which is hereto
attached and marked as Appendix “C”.) However, for the period of June
and July 2018, he failed to pay. Thus, he incurred two consecutive
defaults.

Q12: Upon failure to pay for two consecutive periods, what actions have you
made to enforce payment?
A12: The cooperative invoked the provision in the loan contract entitling it
to extrajudicially foreclose the tricycle upon failure to pay for two
consecutive periods. We thus sent a demand letter to Mr. Roberto
Gomez to pay his obligation dated July 18, 2018. (Witness presented a
copy of the demand letter a copy of which is hereto attached and marked
as Appendix “D”.)

Q13: Did Mr. Roberto Gomez comply with his obligation?

A13: No, Sir.

Q14: What steps have you undertaken thereafter?

A14: On July 20, 2018, the cooperative instituted a proceeding for
extrajudicial foreclosure of the tricycle. The cooperative emerged as the
highest bidder in the sale and so the certificate evidencing ownership
was ordered to be transferred to Manantal Cooperative. (Witness
presented a copy of the order of which is hereto attached and marked
as Appendix “E”.)

Q15: Upon the order of the officer, did you make steps to acquire the
tricycle?
A15: Yes.
Q16: Can you narrate the circumstances when you made such acquisition?
A16: By virtue of the order, on August 12, 2018, I came to Mr. Roberto
Gomez’s residence to seize the tricycle. However, when I came, Mr.
Roberto Gomez was already on the passenger seat while his son, co-
accused Mr. Diego Gomez, was already driving the vehicle away from
home. I tried reaching them but I failed.
Q17: Upon failure to catch the two accused, what steps have you undertaken?
A17: I immediately went to the police station 7 of Municipality of Valenzuela
to report the incident and some policemen accompanied me in going to
the house of Mr. Roberto Gomez. There we saw the two accused but
the tricycle could not be located anymore. The police then arrested the
two without a warrant, saying that the latter were arrested by virtue of
a hot-pursuit arrest.

Q18: I have no further questions. Do you have anything to add or retract,

Mrs. De Guzman?
A18: No, Sir.

Q19: Do you attest that what you have said is true and correct, either based
on your personal knowledge or based on the records or documents?
A19: Yes, Sir.

Q20: Are you willing to sign this statement?

A20: Yes, Sir.

Affiant further sayeth naught.

IN WITNESS WHEREOF, I have hereunto set my hand this 15th day

of December 2018, Makati City, Metro Manila, Philippines.

ZENAIDA DE GUZMAN
Affiant

SUBSCRIBED AND SWORN before me, this 15th day of December

2018, in Makati City, Zenaida De Guzman, whose signature above appears
presented to me her Professional Regulation Commission ID with License No.
123456 issued on December 23, 2016 at the City of Manila.

NOTARY PUBLIC

Doc No:
Page No:
Book No:
Series of 2018

SWORN ATTESTATION

I faithfully recorded or caused to be recorded the questions asked and

answers given above, and neither did I nor any other person then present or
assisting me coached the witness regarding his answers.

ELJOHN C. MARIN
Counsel for Private Complainant

SUBSCRIBED AND SWORN before me, this 15th day of December

2018, in Makati City, ELJOHN C. MARIN, the person whose signature above
appears presented to me her IBP ID with Roll of Attorneys No. 64523 issued
on May 23, 2016 at the City of Manila.

NOTARY PUBLIC

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Page No:
Book No:
Series of 2018

COPY FURNISHED:

ROBERTO DE GUZMAN
125 St., Barangay Bundok
Municipality of Valenzuela, Bulacan

ANNA DE GUZMAN
125 St., Barangay Bundok
Municipality of Valenzuela, Bulacan
THE CITY PROSECUTOR
OFFICE OF THE CITY PROSECUTOR
Municipality of Valenzuela

PUBLIC ATTORNEY’S OFFICE

VALENZUELA CHAPTER
Municipality of Valenzuela

EXPLANATION OF SERVICE

Copy of this Judicial Affidavit was served to adverse parties, thru

registered mail due to considerable distance of our law office from the office
of the said party and due to lack of messengerial services to effect personal
service.

ATTY. ELJOHN C. MARIN