Republic of the Philippines )

Province of Western Samar ) ss

Catbalogan City )

JUDICIAL AFFIDAVIT
OF TOMAS RIVERA

I, TOMAS RIVERA alias Ka Tonying, of legal age, married,

Filipino, and a resident of ________________________, after having
been duly sworn to in accordance with law, hereby depose and state:

PREMININARY STATEMENT

That in accordance with AM No. 12-18-8-SC, which prescribes the

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

That conformably with Section 3(b) of the said AM No. 12-8-8-SC,

I also state that it was PO1 Aljun Salva, Investigator, Catbalogan City
Police Station, Catbalogan City, Western Samar who conducted the
examination of the undersigned affiant in Catbalogan City;

That pursuant to Section 3(c) thereof, I hereby state that in

answering the questions asked of me as appearing below, I am fully
conscious that I did so under oath and that I may face criminal liability
for false testimony or perjury;

Q : Why are you here at the police station?

A : I want to file a formal criminal complaint.

Q : Against whom?
Against Loreto Teks Uy alias Pidoy and Nemesio Rhod Aquino
alias Nanong.

Q : What is your complaint against Loreto Teks Uy alias Pidoy and

Nemesio Rhod Aquino alias Nanong
A : Loreto Teks Uy alias Pidoy shot me twice using a .45 caliber
firearm while Nemesio Rhod alias Nanong helped the former.

Q : How are you related to the persons you just mentioned?

A : They are my co-workers.

Q : When and where did the shooting incident take place?

A : At about X:00 o’clock in the evening on August 24, 2018 at
Brgy. _________________, Catbalogan, Western Samar.

Q : Can you please narrate what happened?

A : At about 7:00 o’clock in the evening of August 24, 2018 Pidoy
Pedro Manacol, Nanong and I were at the house of our employer
Engr. Montejo at Brgy.Munoz, Catbalogan, Western Samar
having a drinking spree. We stayed there for an hour then
proceeded to the house of Pidoy at Brgy. Canlapwas.
Judicial Affidavit of Tomas Rivera

Q : What happened while you were having a drinking spree at the

house of Pidoy?
A : While we were eating, Nanong asked Jenna, the daughter of
Pidoy, to dance but Pidoy protested saying that her daughter
does not know how to dance.

Q : What did you do, if any, after hearing this?

A : I said that Pidoy should let Jenna dance with Nanong.

Q : What was the reaction of Pidoy upon hearing what you said?
A : He was angry, stood up and throw a glass filled with beer at me
hitting me on my shoulder.

Q : What about you, what did you do, if any?

A : I also stood up and a fight would have ensued but Nognog
intervened, then I left.

Q : Where did you go after you left Pidoy’s house?

A : I went to play card at the house of Nognog located at Brgy.
Salug.

Q : What happened next, if any?

A : After a while, I saw Pidoy entering the house of Nognog and
uttered “So you are here now, animal!”.

Q : After hearing Pidoy utter these words, what happened next, if

any?
A : I saw him suddenly drew a .45 caliber firearm and shot me twice
hitting me on the stomach and on my knees.

Q : After Pidoy shoot you, what did you do, if any?

A : I immediately shout for help.

Q : What about Pidoy, what did he do after shooting you, if any?

A : He instantly run away taking the firearm with him.

Q : For the meantime, I do not have further questions. Do you have

any statement to add?
A : None for the meantime.

Q : Are you willing to sign this judicial affidavit consisting of ____

pages?
A : Yes.

IN WITNESS WHEREOF, I have hereunto affixed my signature

this 25th day of August 2018, in Catbalogan City, Western Samar,
Philippines.

TOMAS RIVERA
Affiant

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Judicial Affidavit of Tomas Rivera

SUBSCRIBED AND SWORN to before me this 25th day of August

2018 in Catbalogan City, b;Western Samar, Philippines. Further, I
certify that I personally examined the herein affiant that he voluntarily
executed and fully understood his statements.

PERFECTO GUMAGALANG
Prosecutor II

ATTESTATION

I, PO1, investigator of Catbalogan City Police Station,

Catbalogan, Western Samar, on my oath as the Investigator-on-Case
(IOC), hereby depose and state:

1. That I personally conducted the foregoing judicial affidavit of

complainant Tomas Rivera;
2. That I hereby certify that I faithfully recorded the questions I
asked and the corresponding answers that the witness gave;
3. That I likewise certify that neither I nor any person then
present had coached the witness regarding the latter’s answer.
4. That the questions where translated and explained to a
language/dialect understood by the affiant.

IN WITNESS WHEREOF, I have hereunto affixed my signature

this 25th day of August 2018 in Catbalogan City, Western Samar,
Philippines.

Investigator

SUBSCRIBED AND SWORN to before this 25th day of August

2018 in Catbalogan City, Western Samar, Philippines.

PERFECTO GUMAGALANG
Prosecutor II

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