Republic of the Philippines

SUPREME COURT
8th Judicial Region
MUNICIPAL TRIAL COURT IN CITIES
Ormoc City

PEOPLE OF THE PHILIPPINES,

Plaintiff,
- versus -

M-ORM-16-00097-CR

FOR: THEFT
ROLANDO CASTILLO y Nuez,
Accused.
x--------------------------x

JUDICIAL AFFIDAVIT
I, MONETTE COMEDIA y Bating, of legal age, Filipino,
married, waitress and a resident of Sitio Maigang, Brgy. San Juan,
Ormoc City, after having been duly sworn to in accordance with
law, hereby depose:
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 a witness, on the basis of which the
adverse party may conduct his cross-examination on such a
witness, I hereby execute this judicial affidavit in a question and
answer format);
That in conformably with Section 3(b) of the said A.M. No.
12-8-8-SC, I also state that it was Assistant City Prosecutor
Jennifer A. Balboa-Cahig of the Office of the City Prosecutor,
Ormoc City, who conducted the examination of the undersigned
affiant at Office of the City Prosecutor);
That also pursuant with Section 3(c) thereof, I hereby state
under pain of perjury that in answering the questions asked of
me as appearing herein below, I was fully conscious that I did so
under oath, and that I may face criminal liability for false
testimony or perjury);

PURPOSES OF THE OFFER:

offered to prove that:

The testimony of this witness is

1. She is the Complainant in the instant case;

2. That accused ROLANDO CASTILLO is guilty of THEFT to
herein complainant MONETTE COMEDIA;
3. Other matters relevant to the above purposes and to this
case;

Direct Testimony (Questions and Answers)

Question
Answer

1:

Ms. Comedia, where were you last May 24, 2016

at around 4:50 in the afternoon?
1: I was inside Bistro Bai Restaurant and Caf bar
where I worked as a waitress.

Q2:

While you were inside Bistro Bai Restaurant and

Caf Bar, have you noticed any unusual event?

A2:

Yes maam.

Q3:

What was that unusual incident?

A3:

Our cahier Ritchel Con-ui informed me that she saw

a male person inside that bar which I immediately
approached and asked him if he will order a coffee
or anything from the bar.

Q4:

What was the response of the said male person?

A4:

He asked me saying in vernacular Naa moy kanon day kay dia ko inasal? (Do you have rice
because I have here a roasted pig?) and showed to
me a plastic bag of the alleged inasal.

Q5:

What was your response to him?

A5:

I reply that we have none at that time but then he

replied saying Abi nako ug karenderia ni (I
thought this is a ____) with a smile and hurriedly
went outside the coffee bar.

Q6: What happened next?

A6: While the accused hurriedly went out from the

coffee bar, I noticed from the accused that he was
hiding something from his back as it shows that his
back is bulky.
Q7:
A7:

What did you do then?

I immediately checked my bag which I left
unattended on the top of the table inside the bar
and noticed that it was already opened. That my
brown wallet containing cash money amounting to
One Thousand Three Hundred pesos (Php1,300.00)
placed inside the wallet and put inside my bag was
already missing.
Q8: After you noticed that your money was already
missing, what did you do?
A8: I immediately went to Police Station 1 to request
for assistance and to have the incident reported.
Q9: After you reported the incident, what did you do
next?
A9: Immediately thereafter, I together with the
corresponding Police Officers went back to the said
Caf Bar and review the CCTV Camera and found
out that the said malefactor took my wallet.
Q10: Have you identified the suspect?
A10: Yes maam. It was also identified by our Head Chef
Peter Ablen as certain TAMULO a farm cock
handler of alias Noki of Brgy. Tambulilid, Ormoc
City.
Q11: Afer you identified the suspect, what did you do
nex?
A11: The responding officers immediately conducted
follow-up investigation and later returned to at our
caf bar together with the suspect and show to me
if it was the same person I saw. I positively
identified said person as the said person.
Q12: Do you have anything else to state regarding this
case?
A12: That the accused is Rolando Castillo, 38 years old,
single, farm cock handler and a resident of Purok
2, Brgy. Linao, Ormoc City.
IN WITNESS WHEREOF, I have hereunto set my hand on
this 21st day of April, 2016 at the Office of the City Prosecutor,
Hall of Justice, Ormoc City.

MONETTE B. COMEDIA
Affiant
SUBSCRIBED AND SWORN to before me on this 14th day of June
2016 at OCP, Hall of Justice, Ormoc City.

JENNIFER A. BALBOA-CAHIG
Assistant City Prosecutor
MCLE V-0009488. 20 July 2015

ATTESTATION CLAUSE
I, JENNIFER A. BALBOA-CAHIG, Assistant City Prosecutor of
Ormoc City, hereby attest to the following:
(1) That I have faithfully recorded or caused to be recorded the
questions that were asked and the corresponding answers that
the witness gave; and
(2) That neither I or any other person then present coached
the witness regarding the latter's answers.
14 June 2016, Ormoc City, Philippines.

JENNIFER A. BALBOA-CAHIG
Assistant City Prosecutor
MCLE V-0009488. 20 July 2015
SUBSCRIBED AND SWORN to before me on this 14th day of
June, 2016 in Ormoc City, Philippines.