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Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES


National Capital Judicial Region
Branch 46
Pasay City

THE PEOPLE OF THE


PHILIPPINES, Crim. Case No. 1215-2018
Plaintiff,

-versus-
For: SERIOUS PHYSICAL INJURIES

GASTON,
Accused.
x-----------------------------x

JUDICIAL AFFIDAVIT

PURPOSE OF THE TESTIMONY: BELLE is giving his


testimony to corroborate the testimony of the accused and to prove
that the accused acted in self-defense.

I, BELLE, thirty-five (35) years old, born on June 8, 1983,


married and with residence address at No. 456, Beast St.,
Provincial Life Village, Pasay City, Philippines, after having been
duly sworn to in accordance with law hereby depose and state,
that:

PRELIMINARY STATEMENT

In accordance with A.M. No. 12-8-8-SC, which prescribed the


use of judicial affidavits to serve as the direct examination
testimony of the witness, on the basis of which the adverse party
may conduct their cross-examination on such a witness, I hereby
execute this judicial affidavit in a question and answer format;

That conformable with Section 3 (b) of the said A.M. No. 12-
8-8-SC, I also state that it was Atty. Paul Jordan Berguia, who
conducted the examination of the undersigned affiant;

People vs. Gaston


JUDICIAL AFFIDAVIT-BELLE
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That conformable also with Section 3 (c) thereof, I hereby
state under the pain of perjury that in answering the questions
asked of me, as appearing herein below, I am fully conscious that
I did so under oath, and that I may face criminal liabilities for false
testimony or perjury;

AND UNDER OATH, AVERS THE FOLLOWING:

1. QUESTION: Ms. Witness, will you please state your name,


residence and other personal circumstances.

ANSWER: I am BELLE, thirty-five years old, married and


a resident of No. 456, Beast St., Provincial Life
Village, Pasay City, Philippines.

2. QUESTION: Ms. Witness, how are you related to the


accused in this case?

ANSWER: He is my husband, Attorney.

3. QUESTION: Where were you on November 10, 2018 at


around two o’clock in the afternoon?

ANSWER: I was in our residential house, Attorney,


located at No. 456, Beast St., Provincial Life
Village, Pasay City, Philippines.

4. QUESTION: Will you narrate to the Court what happened


that day?

ANSWER: I was in the living room together with my


sister Mrs. Potts. My husband, Gaston, arrived
from work. He greeted me as well as my sister.
He then went to the kitchen. I followed him
and I asked money from him because I need
to buy some groceries. We had a heated
argument when he refused to give some of his
money. I saw my sister go out from our house
and when she returned, she was accompanied
by my husband’s uncle, Cogsworth. My
husband and I continued to argue. His uncle
tried to stop us but my husband told him not

People vs. Gaston


JUDICIAL AFFIDAVIT-BELLE
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meddle with our affairs. I saw his uncle go to
our laundry area which is located at the back
of our house. When he returned I was
surprised that he had a bolo with him.

5. QUESTION: What did he do with the bolo in his possession?

ANSWER: He pointed the bolo at us and he warned us to


stop arguing.

6. QUESTION: What happened next?

ANSWER: I saw my husband calmly asking his uncle to


put down the bladed weapon. However, it fell
on deaf ears.

7. QUESTION: After which, what happened next?

ANSWER: Cogsworth continued to move towards Gaston


despite his plea that he should not come
nearer. Thereafter, Cogsworth drew his long
bolo and hacked Gaston. Fortunately, my
husband was able to evade such blow.

8. QUESTION: What happened next?

ANSWER: Cogsworth was about to deliver a second


hacking blow when Gaston took a wooden
chair near him, simultaneously used it in
disarming Cogsworth by hitting the latter.

9. QUESTION: Can you describe the hackings made by


Cogsworth?

ANSWER: It was sudden, abrupt and done in a very


aggressive manner. It was so impactful that it
left deep hack marks in our kitchen table.

10. QUESTION: Is this the first time Cogsworth and Gaston


had an altercation?

People vs. Gaston


JUDICIAL AFFIDAVIT-BELLE
Page 3 of 6
ANSWER: Yes, Attorney. I have always known that
Gaston is fearful of his Uncle. He usually obeys
any errands instructed to him by Cogsworth.

9. QUESTION: Why is this so?

ANSWER: Gaston always feel intimidated by his uncle.


Cogsworth may be of age but he surely can
intimidate any person because of his size, built
or his stance.

10. QUESTION: What happened to his uncle after he was hit


by the chair?

ANSWER: He fell to the ground, Attorney.

11. QUESTION: What did you do when you saw him fell to the
ground?

ANSWER: We called 911, Attorney. The medical


assistance arrived after around 20 minutes.

12. QUESTION: Do you confirm that you have executed a


Judicial Affidavit consisting of pages and that
the allegation you have made therein are true
and correct and of your personal knowledge?

ANSWER: Yes, Attorney.

13. QUESTION: I am showing to you a Judicial Affidavit


consisting of pages, kindly tell us what is the
relation of this document to the one you have
mentioned earlier?

ANSWER: It is the same Judicial Affidavit, Attorney.

ATTORNEY: For the record, may I request that this ___-


paged Judicial Affidavit executed by Belle be
marked as Exhibit “5” and the signature found
on the last page above her name be marked
and bracketed as Exhibit “5-a”.

People vs. Gaston


JUDICIAL AFFIDAVIT-BELLE
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THAT WOULD BE ALL FOR THE WITNESS.

IN WITNESS WHEREOF, I have hereunto affix my signature


this January 7, 2019.

BELLE
Witness/ Affiant

SUBSCRIBED AND SWORN to before me this January 7,


2019 at Pasay City, Philippines.

Doc. No. 7;
Page No. 10;
Book No. 20;
Series of 2019.

People vs. Gaston


JUDICIAL AFFIDAVIT-BELLE
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ATTESTATION:

I, Atty. Paul Jordan T. Berguia, of legal age, single and


with office address at Disneyland Tower, Pasay City, Philippines
after having been duly sworn to hereby attests that I personally
conducted the examination of Belle, by question and answer format,
which I reduced in writing as shown above; that her answer is his
free will and act and was never coached by anyone nor his
testimony procured by reason of any illegal or unlawful means.

ATTY. PAUL JORDAN T. BERGUIA


Counsel

SUBSCRIBED AND SWORN to before me this January 7,


2019 at Pasay City, Philippines.

Doc. No. 8;
Page No. 10;
Book No. 20;
Series of 2019.

Copy furnished by personal service:

ATTY. OPALYNNE ROSE CALACAR


City Prosecutor
Pasay City

ATTY. APRIL LIZ PARRENO


Assistant City Prosecutor
Pasay City

People vs. Gaston


JUDICIAL AFFIDAVIT-BELLE
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