REPUBLIC OF THE PHILIPPINES) NAVAL, BILIRAN.../)S.S.
JUDICIAL AFFIDAVIT - COMPLAINANT I, Enriqueta Acala y Penas, 75 years old, Filipino and a resident of Brgy. Libertad, Cabucgayan, Biliran and a farmer, after having been duly sworn to in accordance with law, hereby depose: That it was Police Investigator SPO1 Jimmy A Delima, who conducted the examination of the undersigned affiant in Cabucgayan Police Station , Cabucgayan, Biliran; That I hereby questions asked of fully conscious that may face criminal perjury; state, that in answering the me as appearing below, I was I did so under oath and that I liability for false testimony or
Question 1: Are you the private complainant in this case?
Answer: Yes, I am. Question 2: Why did you file this case against the accused Felicidad Igano? Answer: Because she uttered defamatory words against me in the presence of other persons. Question 3: When and where did it happen? Answer: It happened on 31 July 2012 at around 3:00 oclock in the afternoon, at the ricefield owned by Jaime Garing Jr at Brgy. Libertad, Cabucgayan, Biliran. Question 4: What were you doing at the time of the incident? Answer: I was gathering dried pieces of madre de cacao woods. Question 5: What happened while you were gathering madre de cacao woods? Answer: I was confronted by the herein suspect and told me not to continue on gathering madre de
cacao woods because they were also interested to gather such madre cacao to be use as firewoods. Question 6: What happened next? Answer: I appealed to them and told them that this is not yours and this lot belongs to Jaime Garing Jr. Question 7: After appealing to the suspect what did she do? Answer: Instead of listening to my plea said suspect got mad at me and hurled me three times with an empty bottle of tanduay rhum but failed to hit me. Question 8: After then, what did you do? Answer: I decided to go home carrying with me madre cacao firewoods. Question 7: What did the suspect do upon seeing you going home already? Answer: Suspect followed me while shouting defamatory words enough to be heard by lot of
people in the area, in vernacular, to quote KAWATAN KA, KAWATAN KA, KAWATAN KA. Question 9: What did you do if any after hearing the said utterance? Answer: I was ashamed and embarrassed that I went to Cabucgayan Police Station to have the incident recorded into the police blotter. (Excerpt copy of police blotter is hereto attached, marked as exhibit A) Question 10: You mentioned that the utterance was made in the presence of other persons. Who were those persons? Answer: Santos Genoguin (witness), Berlito Racho (witness), Marina Corpin and Heide Rosal all are bystanders infront the sari- sari store of Maximo Juntilla. (attached herewith are the Affidavit of the witnesses marked as exhibit B)
Question 11: After the incident was recorded into the blotter book, what did you do next? Answer: I was then referred to the Barangay Hall and filed a complaint against the suspect Mrs. Felicidad Igano. Conciliation meetings were scheduled but Mrs. Felicidad Igano did not show up. Thereafter, I was issued a Certificate to File Action, the original of which is hereto attached as Exhibit C. Question 12: As a result of the utterances hurled at you by Mrs. Felicidad Igano, what if any did you feel? Answer: I felt embarrassed and humiliated by the fact that many people have seen and heard what happened. Question 13: Because of the embarrassment and humiliation that you feel, how much in moral damages would you like to ask?
Answer: I am asking for an award of Three thousand pesos only (P3,000,00) for moral damages. Question 14: Do you know of any reason why the accused would utter those defamatory remarks against you? Answer: Its probably because there is an existing misunderstanding between our families that started from a land dispute. Question 15: Do you have anything more to add to your statements? Answer: I have none for the moment. IN WITNESS WHEREOF, I have hereunto affixed my signature on this 26th day of November 2012, in Naval, Biliran, Philippines. ENRIQUETA P. ACALA Affiant
SUBSCRIBED AND SWORN TO before me in the Naval, Biliran, Philippines this 26th day of November. ________________ ATTESTATION CLAUSE I certify that I conducted and supervised the examination and have faithfully recorded the questions and the corresponding answers of the witness/es: Santos Genoguin, Berlito Racho, Marina Corpin and HHeidi Rosal and that he/she was never instructed or coached on the answers he/she is supposed to give, the narrations thereof being completely his/her own. IN WITNESS WHEREOF, I hereunto affixed my signature this 26th day of November 2012 , in Naval, Biliran. SPO1 Jimmy A Delima Investigator
