1

2
 REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
BRANCH 165, MARIKINA

PEOPLE OF THE PHILIPPINES,

Plaintiff, Criminal Case No. 12345
NPS No.______________
-versus-

MARIA CLARA, FOR: “Qualified Theft”

Accused, under Article 310 of the
Revised Penal Code

x x

JUDICIAL AFFIDAVIT

I, NICO D. STA. INES, 30 years old, single, Filipino, and a resident

of 102 Rajah Soliman St., Brgy. Parang, Marikina City, and the witness in
the attached information, after being sworn in accordance with law, hereby
depose and state that:
That I consciously know that I am under oath, and with understanding
that I may face criminal liability for false testimony or perjury. The
statements were taken and recorded based on the examination made by City
Prosecutor Atty. Julius Leonard C. Paredes, of the Office of City
Prosecutor Marikina City. The questions are asked in the English and
Filipino language both of which I speak and fully understand.

PRELIMINARY STATEMENT

The witness executed this Judicial Affidavit in a question and answer

form which shall take its form as his direct examination in compliance
with the Judicial Affidavit Rule issued on 4 September 2012, under
AM. No. 12-8-8SC, to wit:

Direct examination conducted by City Prosecutor Julius Leonard

C. Paredes, of the Office of City Prosecutor Marikina City to the
complainant NICO D. STA. INES on November 2, 2023 10:00
AM at 2F New Hall of Justice Bldg., Sta. Elena, Marikina City.
Witness is being asked in English and answered in the same

3
 language, which is known and understood by her and which she
could fully express her testimony. Thereafter, a copy of the
Judicial Affidavit was served to the witness for her review and
signature and for notarization by a Notary Public in Marikina City.

OFFER OF TESTIMONY

This testimony of Nico D. Sta. Ines is being offered for the following purposes:

1. To prove that the witness is the employer of the accused and the
owner of the alleged missing items;
2. To prove that the accused is a household worker of the
complainant at the time of the incident;
3. To prove that the missing items were stolen by the accused
without force and consent from the complainant, and with the
intent to gain therefrom;
4. To testify on other matters in relation thereto.

AND UNDER OATH, AVERS THE

FOLLOWING:
The following are the questions propounded by City Prosecutor Paredes that
I have answered in English, which I speak and understand.
1. Q1: Do you swear to tell the truth, the whole truth and nothing
but the truth in this examination?
A1: Yes, I do.
2. Q2: Please state your name and other personal circumstances.
A2: I am Nico D. Sta. Ines, 30 years old, single, Filipino, and a
resident of 102 Rajah Soliman St., Brgy. Parang, Marikina City.
3. Q3: Are you aware that you may face criminal liability for false
testimony or perjury if you will not tell the truth?
A3: Yes, I do.
4. Q4: What is your relationship with the accused, Maria Clara?
A4: I have been the employer of the respondent since October 7,
2019. She was my household helper for more than 3 years now.
5. Q5: Do you have any proof that the accused is employed as your
domestic servant?
A5: Yes. I have a 5-year contract of employment by and
between the respondent as the employee, and me, as the
employer. I have attached hereto the said contract.

4
6. Q6: How is your relationship with the accused?

5
 A6: We have a close bond. I have already considered her as my “Ate”
for she has already been with me for more than 3 years now. We have
a very good relationship and we have not been in any serious conflict
since the beginning.
7. Q7: Given that, would you say that the accused can at any time ask for
a leave or even ask for a loan from you?
A7: Yes, Atty. I have been lenient to her since the start of her
employment. She always borrowed money from me when her son
needed some money for his school activities.
8. Q8: Do you have any proof, if any?
A8: No, Atty.
9. Q9: Can you narrate what happened on the day of October 25, 2023?
A9: Yes, Atty. That day, I told her I will be out to do some errands
and do the grocery as well. So I left the house knowing that she will
be alone to look out for the house and my pets while I am out. At
around 12:30 pm, I arrived home from my grocery shopping in the
market. Immediately thereafter, I shouted for the accused to help me
unpack what I bought. I shouted three times but there was no
response. I tried looking for her around the house but to no avail.
Then after a few minutes of unpacking, when I entered my room, I
noticed that the drawer near my bed where I usually put my laptop
and cellphone is open. When I looked at it, my belongings were gone.
I panicked and called the respondent multiple times through her
cellphone number but there was no answer. I even texted her multiple
times but there was also no answer. I have attached here a proof of my
call logs and text messages to her.
10.Q10: What happened after that, if any?
A10: I tried looking for her in the neighborhood since she was friends
with the other household keepers in my neighborhood but they
confirmed that they did not see the respondent that day.
11.Q11: What happened next?
A11: I reviewed the CCTV camera located inside my room. I
reviewed the recording that morning and it was shown that the
respondent took and carried away several of my belongings, including
the mentioned laptop and phone, without my consent and left our
house premises at around 11:30 am, and never came back.
12.Q12: Can you enumerate the things that were stolen from you
that day?

6
 A12: It is an ASUS Vivobook Go 15 OLED laptop with product
serial key no. 123123123 valued at Php45,000 and Samsung
Galaxy Z Flip5 with product serial key no. 6523894678 valued
at Php72,000.
13.Q13: What did you do after you watched the CCTV footage?
A13: I went personally to the Maysilo Police Station near my
area to report what happened. I then executed and filed a police
report narrating the same to the police officers at duty that day.
14.Q14: Do you want to add anything else?
A14: I have nothing else to say.
15.Q15: Do you know why you are executing the foregoing sworn
statement in this case?
A15: Yes. I am executing this sworn statement to be adapted as my
direct examination in this case to prove the cause of action for
qualified theft against the accused in the above entitled case.
16.Q16: Finally, do you affirm to the truthfulness of your statement
and the existence of the documents you presented?
A16: Yes, I do.

IN WITNESS WHEREOF, I have hereunto affixed my signature this

02 November 2023 at Marikina City, Philippines.

SUBSCRIBED AND SWORN to before me in City of Marikina,

November 2, 2023, the affiant exhibiting to me his Driver’s License with ID
no. N02-15-02690 issued on May 28, 2020 at Quezon City

7
Doc. No. 2
Page No. 3
Book No. IV
Series of 2023.

ATTESTATION

I, Julius Leonard C. Paredes, City Prosecutor from the Office of

City Prosecutor Marikina City to the complainant NICO D. STA. INES on
November 2, 2023 10:00 AM at 2F New Hall of Justice Bldg., Sta. Elena,
Marikina City, after being duly sworn depose and say that:
1. I conducted the foregoing examination of the witness MR. NICO D.
STA. INES;
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 or assisting me coached the
witness regarding in his answers.

8
 SUBSCRIBED AND SWORN to before me, a Notary Public in
Marikina this 02 November 2023, the. Prosecutor-Affiant personally came
and appeared with his Philippine National Identification No. 1256634-32434
issued at Marikina City on June 19, 2022, as her competent evidence of
identity..

Doc. No. 54;

Page No. 87
Book No. II;
Series of 2023.

COPY FURNISHED:

MARIA CLARA
Respondent
093-A Miguelito St., Brgy. 444, Zone
24, Sampaloc, Manila City

ATTY. LOREN DELOS SANTOS

Counsel for Respondent
Roll of Attorney No. 93562
IBP No. 12345/5-9-17/Makati City
MCLE Comp. No. IV-4789, 4/5/17
#15 P. Burgos St., Barangay 12, Caloocan City

9
10