Republic of the Philippines

Judicial Region

MARIA,
Plaintiff. CIVIL CASE NO.
- versus - FOR: DAMAGES

JULIA
et. al,
Defendants.
x————————————————————x

JUDICIAL AFFIDAVIT
(OF ELIZA)

I, ELIZA, 70 years old, widow, and a resident of Cagayan de Oro, state

under oath 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;

I, under oath, submit the following answers to the questions

propounded to me, to wit:

Q1. How did you meet the Plaintiff Maria?

A1. I came to know her when I was Teaching at Cagayan de Oro because she
was one of our students.

Q2. What is your relationship with the said Plaintiff?

A2. She is a friend. From the moment she became my student until she got
married to Mr. Pedro we became close friends.

Q3. Ma’am are you aware that there was a criminal complaint that was filed
against her for Oral Defamation and Unjust Vexation Docketed as NPS
No.
A3. When it was filed, I had no idea. It was months ago from the filing of the
complaint that I made aware of the same.

Q4 Do you still have the same relationship with the said Plaintiff during the
pendency of the criminal case that was filed against her?
A4 Yes.

Q5 Are you still in contact with the Plaintiff?

A5 Yes, because we never lose contact because we are close friends.

Q6 How did you know that there was a criminal complaint filed against the

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 said Plaintiff?
A6 She contacted me to see her in person. And when we saw each other she
told me about it.

Q7 Where did you meet?

A7 In her classroom, she shared with me about the criminal case and
barangay conciliation.

Q8 What is your reaction when you meet her?

A8 I was shocked and surprised by how much she had changed since I last saw
her. I told her why do you look ugly now?

Q9 Mam you mentioned that you went to the classroom of the Plaintiff and
you saw her and you remarked that she looked ugly, can you explain why
you said that?
A9 Because she is described, among the teachers, to be the prettiest and
fashionable. She looks like a doll. And when I saw her that time, she was
very different from the Maria (Plaintiff) that I knew. Her skin darkened.
And she shrunken. She was pale. She appeared and looked old.

Q10 You asked the Plaintiff what was her problem at that time, correct?
A10 Yes.

Q11 What did she tell you?

A11 She confessed about the filing of a criminal complaint against her and she
shared her sufferings. I did not know she suffered that much. (“nagdusa
pala siya”)

Q12. How long did the conversation between you and the said Plaintiff take?
A12. It was about an hour.

Q13. What did she confess?

A13. She confessed about the hearing and the case.

Q14. Based on your conversation with the Plaintiff, who was the complainant
in the said criminal case?
A14. It was her brother, Daniel.

Q15. Was the complainant alone in the institution in the criminal complaint?
A16. In the hearing in the Barangay he was alone.

Q17. Are you aware that the said criminal complaint had been dismissed on
August 8, 2021?
A17. I am not sure of the exact time. I can only remember that she requested
me to chaperon her to the hospital.

Q18. Let’s talk about the case before the Provincial Prosecutor, there was a
criminal case that was filed against the Plaintiff by one of the Defendants,
in the person of Daniel Cruz. In the complaint, the latter alleged, among
others, that the Unjust vexation and Oral Defamation happened during a
birthday party of the Plaintiff’s grandchild. Can you remember if you
were able to attend the said birthday party?
A18. I cannot specify if it was a birthday party. But there was an event. We were

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 inside the house of the Plaintiff.

Q19. Ma’am, was the said event on July 10 2020?

A19. I don’t agree with the year 2020 because it was during lockdown, where
gatherings were prohibited.

Q20. The Defendant Daniel, in the complaint before the Provincial Prosecutor,
claimed that on July 10, 2020, there was a birthday party where libelous
remarks were made by the Plaintiff, what is your comment on that
Ma’am?
A20. The event happened. But I don’t agree that it was in 2020. I won’t forget
because in January 2020 my sister in New York died of cancer and 6
months after or September 2020, my next sister died due to COVID in
Tarlac City. So, in that year COVID cases were rising and events and
gatherings were prohibited.

Q21. Are you telling us that there was no birthday party that happened at the
house of the Plaintiff on July 10, 2020?
A21. There was none.

Q22. Let us shift our focus back to the Plaintiff's experience of suffering and the
damages incurred due to the criminal case initiated against her.
Additionally, would you be able to provide insight into the Plaintiff's
health condition during that period, beyond the physical attributes you
have previously detailed?
A22. She was not in good health. In fact, her husband also was not in good
health because they were confined in the hospital. They even asked me to
be a chaperon and be a watcher in the hospital but my nephew said that
senior was not allowed that time to go and visit the hospital. The next
time I heard, they went to Center.

Q23. Can you recall when did they go?

A23. I cannot recall particularly when.

Q24. Can you recall that this happened during the pendency of the criminal
case?
A24. Yes.

Q25. Do you mean to say that the criminal case filed against the Plaintiff causes
damages and suffering to the Plaintiff and her husband?
A25. Yes.

Q26. Did you go to Hospital during the confinement?

A26. No. Because senior citizens were not allowed to visit.

Q27. However, did you communicate with them?

A27. Yeah, they called me.

Q28. What conversation transpired during that call?

A28. The doctor asked if the spouses have a history of stroke. From there I was
able to confirm that they were not really in good health.

Q29. Can you recall how long they stayed in Hospital?

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A29. One week or three days.

Q30. After the said confinement, did you happen to visit the Plaintiff?
A30. Yes. Because I performed physical therapy and cupping to Maria after the
confinement since I am a private therapist and acupuncturist.

Q31. Since you performed physical therapy on her, where did you conduct this?
A31. Inside her house.

Q32. Why did you perform the said physical therapy on the Plaintiff?
A32. I performed it because I wanted her to be healthy again. To be stress free
from the suffering during the pendency of the criminal case. I wanted her
to look beautiful again.

Q33. How long did you conduct the physical therapy?

A33. About one hour.

Q34. How long did you perform physical therapy on her during the pendency of
the criminal complaint?
A34. It depends on when she needs it. I cannot really tell the exact duration.

Q35. Let’s talk about the defendants. Ma'am, if you are familiar with this case,
could you please discuss the bad faith and malice exhibited by Julia (Maria
Julia) as one of the defendants?
A35. At first, Maria Julia was denying her participation asking why she was
getting involved in the case. But I observed that there was a meeting or
gathering that happened at Pancilan and Maria Julia was among those
people who were verbally attacking or slandering the Plaintiff.

Q36. So they were in connivance with Maria Julia?

A36. Yes.

Q37. So they are contributing and adding to the harm inflicted upon the
Plaintiff?
A37. Yes.

Q38. Are you telling us that there was a conspiracy between the Defendants
Daniel and Maria Julia?
A38. Yes.

Q39. Are you telling us that Maria Julia supported the criminal case that was
filed by Daniel against the Plaintiff
A40. Probably.

Q41. Ma’am, how about the bad faith, if any, exhibited by Barbie Cruz (Barbie)?
A42. Probably she sponsored financially the initiation of the criminal
complaint because Daniel has no means of living.

Q43. On the part of Barbie, what was her contribution to the initiation of the
criminal complaint against the Plaintiff?
A43. She provided the financial needs and support.

Q44. How about Jessy, what is the bad faith she exhibited against the Plaintiff

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 during the pendency of criminal complaint?
A44. She probably helped in supporting the institution of the criminal case
because she was angry at the Plaintiff.

Q45. How about Aliah, did she participate or contribute to the institution of
the criminal case?
A45. I don’t know. I only saw that she joined them. And she ill spoke and
slandered (marites) the Plaintiff.

Q46. Ma’am you mean to say that the Defendants are talking against the
plaintiff while the criminal case was not yet dismissed, therefore putting
the Plaintiff on public ridicule?
A46. Yes.

Q47. Ma’am what about Joy (Joy)? What is her participation?

A47. She was also part of the “marites” that ill spoke and slandered the
Plaintiff.

Q48. What is the relationship of Joy and the Plaintiff prior to the institution of
the complaint?
A48. Joy was the student of the plaintiff.

Q49. How come she was also joined as one of the defendants?
A49. Because Daniel said that Joy was also part of the people who ill spoke and
slander the Plaintiff.

Q50. Mam how about the facebook post of Daniel against the Plaintiff (Annex
A) what is your comment on that?
A50 Indirectly, he really was attacking her sister, the Plaintiff. Who else he was
meaning other than her sister. Her sister is a teacher. And she did mention
on his Facebook post the word “teacher.”

Q51. Ma’am do you have anything to say?

A52. Daniel was also ill speaking about me. And I heard during the agricultural
disputes that he said, “ You just wait after your case, we will revenge, do
you think you are perfect, fuck you”
(Hintay ka lang pagkatapos ng kaso mo, babaligtarin ka namin, kalamo
perfect ka, fuck you.)

Q53. Who else heard that statement?

A53. The Barangay Chairman and the Barangay Agrarian Committee (BARC)
witnessed it.

Q54. Anything else you want to add Ma’am?

A54. None.

Affiant further sayeth naught.

Davao City, Philippines, 21 January 2023

ELIZA
Affiant
SUBSCRIBED AND SWORN TO before me this 22 January 2023 at
Davao City, Philippines. I hereby certify that I have voluntarily examined the

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affiant and I am satisfied that she voluntarily executed and understood her
Judicial Affidavit.

Notary Public for Davao City

Roll of Attorney No.
PTR No.
IBP No.
MCLE Compliance No.
Doc No.
Page No.
Book No.
Series of

Republic of the Philippines )

Davao City ) s.s.
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LAWYER’S ATTESTATION

I, ATTY. DERICK, with office address at Davao City, hereby depose and
state the following:

1. I am the lawyer who conducted and/or supervised the examination of

Eliza (Witness) on 14 January 2023 at the aforementioned office.

2. I have faithfully recorded and/or caused to be recorded the questions I

have asked the said witness as well as the answers she gave thereto.

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 3. Neither I nor any other person then present or assisting me has coached
said respondent regarding his answers.
4. This Judicial Affidavit which contains questions and answers was duly
signed by the witness in my presence.
IN WITNESS WHEREOF, I have hereunto set my hand this 22 January
2023, at Davao City, Philippines.

DERICK
Affiant

SUBSCRIBED AND SWORN TO before me this 22 January 2023 at Davao

City, Philippines.

Notary Public for Davao City Roll of Attorney No.

PTR No.
IBP No.
MCLE Compliance No.
Doc No.
Page No.
Book No.
Series of