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Judicial Affidavit Sample - LOL

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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


NATIONAL CAPITAL JUDICIAL REGION
Branch 12, MAKATI CITY

People of the Philippines,


Plaintiff,

-versus- Crim Case No. MKT-17


For: Violation of R.A. No.
10175 4c-4 (Cyberlibel)

Amelia Margarita Afluenza


Accused.

x-----------------------------------x

JUDICIAL AFFIDAVIT
OF AMELIA MARGARITA AFLUENZA

I, Amelia Margarita Afluenza, Filipino, of legal age, a


resident of 123 Pico St., Makati City, student, after having
been duly sworn to in accordance with law, do hereby depose
and state as follows:

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) thereof, the person


examining me is Atty. Emmanuel Neil Jonathan VII M. Plan,
with official place of business at 2nd Floor 6750 Ayala Ave.,
Makati City. The examination is being held at the Conference
Room at the 2nd Floor 6750 Ayala Ave., Makati City.

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 Amelia Margarita
Afluenza, is being offered to prove that she did not commit any
of the acts alleged against her, and that her post in her
Facebook Account was not about the Complainant and done
in accordance with the law.

QUESTIONS AND ANSWERS

1. Q: Could you please state for the record your personal


circumstances.
A: I am Amelia Margarita Afluenza, single, and resident of
123 Pico St., Makati City, a student of Centro Escolar
University, Gil Puyat Ave., Makati City.

2. Q: Are you the same Amelia Margarita Afluenza, who


is the Accused in this case?
A: Yes.

3. Q: Do you know Nestor Pantig?


A: Yes, he is my ex-boyfriend.

4. Q: When did you have your relationship with him?


A: We started dating early 2019, and became formal on
April 20, 2019. We broke up on September 30, 2019.

5. Q: How did you break up?


A: He was cheating on me. I caught him kissing another
girl.

6. Q: What did you do, if any?


A: I confronted him. I broke up with him immediately,
and we never talked again until this case was filed.

7. Q: On December 25, 2019, did you post anything on


Facebook, if any?
A: Yes, I posted “Merry Christmas sa lahat except sa mga
at mga manloloko!”

8. Q: I will show you a screenshot of a Facebook Post by


user “Mia Afluenza”, can you identify it?
A: Yes, I this is the post that I was referring to.

Affiant identified a screenshot of the Facebook Post


previously marked as Exhibit “A”.

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9. Q: In that Facebook post, are you referring to
anything in particular, if any?
A: Yes, I bought a Christmas gift, a pair of shoes, from an
online store, supposedly for my sister. I paid for it. But
when it arrived, the item was not how it was presented
online, and so I never gave it to my sister.

10. Q: I will show you a screenshot of a sale transaction,


can you identify it?
A: Yes, this is the transaction that I was referring to.

Affiant identified a screenshot of the Facebook Post


previously marked as Exhibit “B”.

11. Q: I will show you a pair of shoes, can you identify it?
A: Yes, I this is the shoes that I was referring to.

Affiant identified a pair of shoes. A photograph of the said


shoes was previously marked as Exhibit “B-1”.

12. Q: In that transaction, did you feel anything, if any?


A: I felt scammed. I paid P2,500 for the pair of shoes but
the quality is really bad – not what I saw online.

13. Q: What did you do, if any?


A: I posted the Facebook Post mentioned earlier to vent
out my frustration.

14. Q: Going back to your Facebook post, are there any


comments or reactions, if any?
A: Yes, there are comments. The complainant’s friends
commented the Facebook account of the Complainant,
“Nestor Pogi”, on my Facebook post.

15. Q: I will show you a screenshot of a Comment by user


“Niko Basa” in your Facebook Post, can you identify
it?
A: Yes, this is the comment that I was referring to.

Affiant identified a screen shot of the Facebook Post


previously marked as Exhibit “A-1”.

16. Q: Do you know who owns the Facebook Account


“Niko Basa”?
A: Yes, it is owned by Niko Basa, a friend of the
Complainant.

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17. Q: What is your relationship with Niko Basa, if any?
A: We are just friends in Facebook. Nothing more.

18. Q: Do you swear that you have answered all the


questions truthfully based on your personal
knowledge?
A: Yes, Sir.

19. Q: No further question, thank you.


A: Thank you, Sir.

IN WITNESS WHEREOF, I have hereunto set my hand


this 31st day of January 2020 at Makati City.

Amelia Margarita Afluenza


Affiant

SUBSCRIBED AND SWORN to before me, a Notary Public in


and for Makati this ____ day of ______________ 2020. Affiant
personally came and appeared with his Integrated Bar of the
Philippines ID bearing her photograph and signature, known
to me as the person who personally signed the foregoing
instrument before me and avowed under penalty of law to the
whole truth of the contents of said instrument.

__________________
Notary Public

Doc. No. ______


Page No.______
Book No.______
Series of 2020.

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SWORN STATEMENT OF LAWYER

I, Emmanuel Neil Jonathan VII M. Plan, of legal age,


Filipino, with postal address at 2nd Floor 6750 Ayala Ave.,
Makati City, after having duly sworn depose and say that:

1. I was the one who conducted the examination of


Amelia Margarita Afluenza, at the Conference Room of
2nd Floor 6750 Ayala Ave., Makati City;

2. I have faithfully recorded or caused to be recorded the


questions I asked and the corresponding answer that
the witness gave;

3. I, nor any other person then present assisting,


coached the witness regarding her answers.

IN WITNESS WHEREOF, I have hereunto set my hand


this 31st day of January 2020 at Makati City.

Atty. Emmanuel Neil Jonathan VII M. Plan


Affiant

SUBSCRIBED AND SWORN to before me, a Notary Public in


and for Makati this ____ day of ______________ 2020. Affiant
personally came and appeared with his Integrated Bar of the
Philippines ID bearing her photograph and signature, known
to me as the person who personally signed the foregoing
instrument before me and avowed under penalty of law to the
whole truth of the contents of said instrument.

__________________
Notary Public

Doc. No. ______


Page No.______
Book No.______
Series of 2020.

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