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Republic of the Philippines REGIONAL TRIAL COURT 6th Judicial Region Iloilo City THE PEOPLE OF THE PHILIPPINES

versus CRIMINAL CASE NO. 183-11

DARRYL JOHN CABILLION ROBERT MONSERA y TAYO Accused. x-----------------------------------------x

JUDICIAL AFFIDAVIT The defense, through the undersigned defense counsel, respectfully submits the judicial affidavit of its witness ROBERTO MONSERA, as follows: Purpose of Testimony: The testimony of the accused is being offered for the purpose of proving that in the year 2008 when the incident subject of this case occurred, particularly on the 28th of January 2008; he will testify to prove that he and his friend Nitz boarded a taxi, which they later learned as GDR Taxi and proceeded to Hibao-an, Pavia. That, while traversing the road they heard the taxi driver, later identified as Nonilo Acanto say to their company radio operator through a radio transceiver that his passengers are up to something bad; that a heated argument thereafter transpired between them which led Nonilo to flash his cars headlight to an approaching taxi who likewise responded by reciprocating he same; that they were surprised when Nonilo intentionally manuevered his driven vehicle towards the direction of the approaching taxi which resulted to a collision; that Nonilo then alighted from the taxi cab and for fear he and Nitz likewise scampered away from the said vehicle. Witness will testify in the vernacular, which will have corresponding translation in English. I. Name, Age, Residence or Business Address and Occupation of Accused (Sec 3 (a) AM No 12-8-8-SC) The accused is Roberto Monsera, of legal age, single, Filipino, and a resident of Brgy. Airport, Mandurriao, Iloilo City.

Name and Address of the lawyer who conducts or supervises the examination of the witness and the place where the examination is being held. (Sec 3 (b) AM No 12-8-8-SC) Conducting the direct-examination is Atty. Louie Doligosa with office address at ___________. It is also the same address where the conduct of direct-examination was held. II. A statement that the witness is answering the questions asked of him, fully conscious that he does so under oath and that he may face criminal liability for false testimony or perjury. (Sec 3 (c) AM No 12-8-8-SC)

Q: Mr. Monsera , do you understand that you have to tell the truth, and that if you fail to do so you could be charged with false testimony or perjury? (Mr. Monsera nakahibalo bala ikaw nga kinahanglan ka mag sugid sang matuod, bug-os nga matuod kag ang kamatuuran lamang, kay pwede ikaw ma sampahan sang kaso nga perjury kun ikaw maga binutig?) A: Yes, maam. (Huo, maam).

III.

Questions asked of the witness and his corresponding answers consecutively numbered that: (1) Show circumstances under which the accused acquired the facts upon which he testifies (2) elicit from him those facts which are relevant to the issues that the case presents (3) Identify the attached documentary and object evidence and establish their authenticity in accordance with the rules of court (4) Signature of witness over his printed name; and (5) A juraat with the signature of the notary pubic who administers the oath or an officer who is authorized by law to administer oath. (Sec 3 (d) AM No 12-8-8-SC)

1. Q: Where were you last January 28, 2008 at around 6 oclock in the evening and who were you with? (Sa diin ka sang Enero 28, 2008 sang alas sais sang gab-e kag sin-o upod mo?) A: On January 28, 2008 at around 6:00 oclock in the evening I was at our house at Brgy. Airport, Mandurriao, Iloilo City together with Darryl and a friend named Babal; (Sang Ebero 28, 2008, sang alas sais sang gab-e, ara ako sa akon balay upod si Darryl kag ang akon abyan nga si Babal); 2. Q: What happened next? (Ano dayun ang natabo?)

A: At around 7 oclock in the evening, I received a text message from a friend named Nitz inviting us to a party at their house at Bangga 5, Hibao -an, Pavia, Iloilo, hence I informed Darryl and Babal of the same; (Sang mga alas siete sang gab-e, nakabaton ako sang text message halin sa abyan ko nga si Nitz nga nagapang imbitar sa amon sa is aka pag tipon-tipon sa ila balay sa Bangga 5, Hibao-an, Pavia, Iloilo, amo na nga gin sugidan ko si Darry kag Babal parti dira); 3. Q: What did you do next, if any? (Pagtapos, ano inyo gin ubra kung may ara?) A:Darryl agreed to join me, but Babal preferred to go home; (Nagsugot si Darryl nga mag upod sa akon, pero si Babal mas gin pili nga magpuli);

4. Q: What happened next? (Ano dayun ang sunod nga natabo?) A: From our house, Darryl and I boarded a taxi, which I later learned as GDR Taxi and proceeded to Hibao-an, Pavia; (Halin sa amon balay, nagsakay kami ni Darryl sa taxi nga GDR kag nag deretso na sa Hibao-an, Pavia); 5. Q: What happened while you were boarding the taxi on your way to Hibao-an Pavia? (Ano natabo samtang gasakay kamu sa taxi padulong sa Hibao-an, Pavia?) A: While the taxi cab was transversing the road along Hibao-an Mandurriao, Iloilo City, we heard the taxi driver, later identified as Nonilo G. Acanto say to their company radio operator thru a radio transceiver, to wit: Basebase, my passengers are up to something bad (Samtang nagabyahe kami sa dalan sang Hibao-an, Mandurriao, Iloilo City, nabatian namon ang taxi driver, nga si Nonilo G. Acanto nga naghambal sa ila company radio operator gamit ang radio transceiver nga: Base base, daw may lain nga tuyo ang mga pasahero ko); 6. Q: Ano dayun imo gin himo? (What did you do next?) A: Annoyed by the statements made by Nonilo, I confronted him of the same and a heated argument transpired between us; (Tungod sa kainit ko sa gin hambal nya, gin compronta ko siya kag nagbaisay na kami.) 7. Q: After your argument what happened next? (Tapos nyo baisay ano dayun natabo?; A: Thereafter, Nonilo flashed his cars head light to an approaching taxi who likewise responded by reciprocating the same (Pagkatapos, gin pasigahan ni Nonilo sang headlight ang gapadulong nga taxi nga nagbalos man pasiga man sang headlight);

8. Q: What happened next? (Ano dayun ang natabo?) A: We were surprised when Nonilo intentionally manuevered his driven vehicle towards the direction of the approaching taxi which resulted to a collision (Nakibot kami sang gin hungod nya maniubra ang salakyan pakadto sa gapadulong nga taxi nga nag resulta sang pagbunggo-anay); 9. Q: After the collision what transpired next? (Pagkatapos sang bunggo-anay ano ang dason nga natabo?); A: Nonilo then alighted from the taxi cab and for fear we likewise scampered away from the said vehicle (Nanaog halin sa taxi si Nonilo kag sa kakulba nalagyo man kami halin sa salakyan); 10. Q: What did you do, if any, regarding this incident? (Ano imo gin ubra, kung may ara, sa amo ni nga hitabo?) A: To clear my name from possible criminal charges, I voluntary surrendered to the police authorities of Iloilo City Police Station 5, Mandurriao, Iloilo City on the following day, October 29, 2010; Nakibot kami nga gin kasuhan kami sang attempted robbery tungod sa natabo.

(Para klaruhon akon ngalan sa mga possible nga kaso criminal, nag boluntaryo ako nga mag kadto sa Iloilo City Police Station 5, Mandurriao, Iloilo City pagkasunod nga adlaw, October 29, 2010; IV. (Sworn attestation of the lawyer. He faithfully recorded or caused to be recorded the questions he asked and the corresponding answers thereto, and the corresponding answers that the witness gave and, neither he nor any other person then present or assisting him coached the witness regarding the latters answers (Sec 4 AM No 12-8-8-SC).

I hereby certify that I have recorded or caused to be recorded the questions I asked of the witness and his corresponding answers thereto, and I further certify that I neither coached nor suggested any of the answers to him and that no other person coached or suggested to him said answers.

ATTY. LOUIE DOLIGOSA Legal counsel IN WITNESS WHEREOF, I hereunto sign this Judicial Affidavit this ___ day of April, 2013 at Iloilo City, Philippines.

DONNA ROSE O. RATILLA Affiant SUBSCRIBED AND SWORN to before me this ___ day of April, 2013 at Iloilo City, Philippines, affiants namely: Affiants Name Date/ Place of Issue Roberto Monsera Competent Proof of Identity

Who exhibited to me their above-stated IDs and who are personally known to me or identified by me through competent evidence of identify as defined by the Rules on Notarial Practice pursuant to Supreme Court En Banc A.M. No. 02-8-13 SC Resolution. That the herein person represented to me that the signature on this instrument or document was voluntary affixed by her as her free and voluntary act and the deed as she avowed under penalty of law to the whole truth of the contents of the foregoing.