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Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES


6
TH
Judicial Region
Branch 8
Iloilo City


PEOPLE OF THE PHILIPPINES Criminal Case No. R-
13-12

Versus

REBECCA L. GONZALES For: THEFT

X-------------------------------X


FORMAL OFFER OF THE TESTIMONY OF THE
WITNESS

The witness is Rebecca L. Gonzales, of legal age, single, Filipino and
a resident of Don Candido Subdivision North Fundidor, Molo Iloilo City,
Philippines.

The testimony of the witness is being offered to prove the following:

1 . To prove that she is the same Rebecca Gonzales who is the accused
in this case:

2 . To deny the allegations charged against her as stated in the
Information which is the subject of this case:

3 . To testify that on January 22, 2012 accused was greatly disturbed
because she and her live-in partner had a fight, so to avoid further
arguments she decided to go to SM Delgado. While she was there,
she decided to buy milk for her unborn baby and a pair of short pants
for herself:

4 . To testify that while she was there she received a call from her
mother Rodela M. Gonzales, instructing her to go home to take care
of her daughter since her mother would buy prescription medicine for
her sick father:

5 . To testify that she hurriedly went out of the SM Department Store and
when she was already outside she was surprised that somebody
accosted her and arrested her for theft:

6 . To testify that accused told the civilian guard that she just forgot to
pay the items as she was in a hurry to go out and that she would pay
for the items:

7 . To testify that at the time when the incident took place she has
P1,800.00 more or less in her wallet.

8 . To testify on other relevant matters in relation to this case:



REPUBLIC OF THE PHILIPPINES ..}
CITY OF ILOILO ..} S.S.
X------------------------------------------X


JUDICIAL AFFIDAVIT

I, Rebecca Gonzales, of legal age, single, Filipino and a
resident of Don Candido Subdivision. North Fundidor, Molo Iloilo City,
Philippines, after having been sworn in accordance with law in
answer to questions propounded by Attorney Raymond dela Cruz at
the Counselors Office Ground Floor of TW Bldg. Luna St. Lapaz Iloilo
City, Philippines, in and by way of this judicial affidavit to comprise my
direct testimony, hereby deposed and state:

1 . Question (Q) 1 (Atty . Raymond dela Cruz): What is your name, age ,
civil status and educational attainment?
Answer (A) 1: I am Rebecca Gonzales, 47 years of age college
undergraduate and unemployed.

2. Q: Where do you reside and what is your present occupation. If there
is any?
A: I live at Brgy. North Fundidor, Molo Iloilo City and I am currently
unemployed.

3. Q: How about at the time of the incident which is the subject of the
case were you employed?
A: No, I was unemployed but sometimes I get some odd jobs to
supplement the needs of my family.

4. Q: How much were you earning and how often or seldom is your self-
employment activity in a month?
A: I was earning P1,500.00 to 2,000.00, it is often then that I conduct
my odd jobs in a month.

5. Q: Do you have evidence/witnesses to show that you are earning
said income?
A: Yes, the local community or neighborhood can attest that I ran
errands to my relatives and friends as my source of income.

Manifestation: Your Honor, I would like to request from this Honorable
Court that the Sworn Affidavits of the witnesses be marked as exhibit
1 for the defense. This exhibit is being offered to prove that accused
Rebecca Gonzales is capable of earning an income of P1,000 to
2,000 more or less and as part of her direct testimony.

6. Q: where were you last January 22, 2013 if you can recall?
A: I was in our house where I loved with my family, my daughter at
Brgy North Fundidor, Molo Iloilo City.

7. Q: Was there any unusual incident that happened if you can recall?
A: We had an argument with my live-in partner because he found out
that I was pregnant with our second child and he blamed me why it
happened considering that I was taking birth control pills.

8. Q: So what did you do next, if there was any?
A: to avoid further arguments, I went to SM Delgado, Iloilo city and
while I was there I decided to buy a milk bottle for my unborn baby
and a pair of short pants for me.

9. Q: What happened next, if any?
A: I received a call from my mother instructing me to go home and to
take care of my daughter as she was already late with her
appointment.

10. Q: So what did you do next, if any?
A: I hurriedly went out of store and while I was already outside I was
suddenly surprised that am man told me that I am being arrested for
the crime of theft.

11. Q: What was your reaction regarding his allegation?
A: I was caught by surprise and I immediately asked for an apology
and explained to him that I forgot to pay the items since I was in a
hurry to go home but then he insisted that I would be brought to their
office.


12. Q: Do you know this man who accosted you?
A: No, but his face looked familiar and he later introduced himself to
be the civilian guard by SM Delgado.

13. Q: Where were these items placed when the guard accosted you?
A: they were placed under my arm.

14. Q: What happened next, if any?
A: They brought me to their office and while being there I again asked
for an apology and offered them to pay the items.

15. Q: How much was the total price of the items you took?
A: P 1,499.75

16. Q: How much was the money that you have in your wallet?
A: More or less P1,800.00.

17. Q: When the civilian guard testified in this court, he said that aside
from the Avent feeding bottle and pair of street jeans there were other
make up items were recovered from your possession, what can you
say about this?
A: Yes, there were make-up items placed inside my kikay kit but the
same were already used, although some of which have tag prices. It
is my habit to use my personal things without taking their tag price. In
fact, some of the items found therein were Avon products that cannot
be bought from SM Department Store.

18. Q: What can you say about this accusations against you?
A: There is no truth to it because if it was my intention was to steal
from SM Delgado I could have stolen several items so that I can
profitable gain from it.

19. Q: Now, Miss Witness, in this interview do you affirm and confirm the
truth and veracity of the answers you have given under pain of
perjury or false testimony?
A: Yes, sir.


----------------------------------------------END OF STATEMENT------------------------------------------


We are through with the witness your honor.








REBECCA GONZALES
Affiant



SUBSCRIBED AND SWORN to before me this 7
th
day of February 2014 at
Iloilo City, Philippines who exhibited to me CTC NO, 08335919 and BIR
TIN 308 045 538.









SWORN STATEMENT

That I Atty. Raymond dela Cruz, under oath state:

That I am the lawyer who propounded herein questions to the witness,

That I have faithfully recorded the answers of the witness of the answers to
be given neither was there any threats, intimidation, force, coercion or
undue influence exerted upon the witness;

That a false Attestation shall subject me to administrative action or
disbarment

IN WITNESS WHEREOF, I hereunto set my hand this 7
th
day of February
in the City of Iloilo, Philippines.




RAYMOND DELA CRUZ
Affiant


SUBRSCRIBED AND SWORN to before me this 7
th
day of February 2014
at Iloilo City, Philippines by affiant who is personally known to me and
exhibited to me her Community Tax Certificate 08330950 issued at Iloilo
City, Philippines on January 02, 2014.





FERNANDO M. AGUINALDO
Public Attorney II
Roll No. 41353
IBP O.R. No. 855567
Date: 01-03-2014











Observation Paper in
Advanced Legal Writing









Submitted by; Jose Maria Jude C. Duremdes

Respectfully Submitted to: Judge Enrique Z. Trespeces