Republic of the Philippines

Department of Justice
OFFICE OF THE CITY PROSECUTOR
Zamboanga City

ZAMBOANGA CITY WATER DISTRICT NPS Docket No. ______

represented by REYNALDO R. CABILIN,
Complainant,

- versus - - for –

JOSE D. CAPISTRANO, JR. Violations of Section 8 (d) of

Respondent. R.A. No. 8041
x-------------------------------------------x

JUDICIAL AFFIDAVIT OF FREDERICK A. MACAPILI

This Judicial Affidavit of Mr. Frederick A. Macapili, one of the witnesses for the
Complainant, is being executed to serve as his direct testimony in the instant case.

The testimony of the witness is being offered for the following purposes:

1. To prove that Mr. Jose D Capistrano, Jr. committed an “Unauthorized Re-

Opening of a Closed Water Service Connection” in violation of Section (8)
(d) of R.A. No. 8041;

2. To identify and authenticate photographs taken of date of apprehension on

July 22, 2013;

3. To corroborate the testimony of Mr. Saroly S. Sembrano; and

4. To prove all other related matters, facts and circumstances relevant and
material to this case.

This Judicial Affidavit was taken at the office of Atty. Vincent F. Fernandez at the
Legal Department, Zamboanga City Water District, Pilar Street, Zamboanga City at 1:00 P.M.
of March 05, 2019. Atty. Abad is also a Notary Public with a valid Notarial Commission.

Please raise your right hand and swear after me:

Question 1 (Q1): Do you swear to tell the truth, the whole truth and nothing but the
truth?

Answer Translated 1 (A-1): I do.

Q-2: Are you aware that you may face criminal prosecution for false
testimony or perjury if you will not tell the truth?

AT-2: Yes I am.

Q-3: Please state your name, age and address for the record.

A-3: I am Frederick A. Macapili, 46 years old and a resident of Barangay Divisoria,

Zamboanga City.

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Q-4: Are you presently employed?

A-4: Yes Sir.

Q-5: Where do you work?

AT-5: I am working at the Zamboanga City Water District (ZCWD).

Q-6: For the record, will you please state what is your position at the
ZCWD?

AT-6: I am a Senior Instrument Technician.

Q-7: Are you familiar with this case?

A-7: Yes.

Q-8: Why are you familiar with this case?

A-8: Because I was a member of the apprehending team during apprehension for
illegal water service connection of the respondent and I was the one who took
the photographs to be used as evidences for this case.

Q-10: What was his violation?

A-10: For “Unauthorized Re-Opening of a Closed Water Service Connection”.

Q-11: Why did you take the pictures as photographer?

A-11: Because I was tasked to take the pictures relating to the violation committed to
serve as our evidence.

Q-12: What did you use to take the pictures?

A-12: I used a Sony Digital camera.

Q-13: After you took the pictures, what did you do next?

A-13: I printed them on bond papers and submitted them to the team leader Mr.
Saroly S. Sembrano for use as reference in his investigation report.

Q-14: How many pictures did you print for the apprehension?

A-14: Four (4) sir.

Q-15: If the pictures will be shown to you, will you be able to identify them?

A-15: Yes.

Q-16: I have here four (4) photographs which I will be showing to you, and
which we have previously marked as our Exhibit “B-1” to “B-4”. Look at
these pictures. Can you identify them?

A-16: Yes sir.

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Q-17: When did you take these pictures?

A-17: The pictures were taken during the July 22, 2013 apprehension of the
respondent’s water service connection.

Q-18: What time did you take those pictures?

A-18: Around 10:40 a.m. in the morning sir.

Q-19: I will show you this picture that we have pre-marked as our Annex “B-
1”, can you state and describe the subject and circumstances of this
picture?

A-19: Yes sir. It shows the illegal connection taken at a close range showing an SDR 11
pipe that was used in the illegal connection.

Q-20: And this picture that we have marked as Annex “B-2”, can you describe
this picture?

A-20: It is the photograph of the illegality that was taken at a far distance showing a
garden hose used in the illegal connection and where water coming from the
illegal connection also flows.

Q-21: How about this picture that we have pre-marked as our Annex “B-3”,
can you state and describe the subject and circumstances of this
picture?

A-21: This is another picture of the illegal connection of Mr. Capistrano taken at a
farther distance.

Q-22: And finally, for this picture that we have pre-marked as our Annex “B-
4”, can you state and describe the subject and circumstances of this
picture?

A-22: It is the photograph of Mr. Capistrano while he was signing the Notice of
Investigation.

ATTY. FERNANDEZ: YOUR HONOR, THESE PICTURES WERE PREVIOUSLY MARKED

AS OUR EXHIBIT “B” TO “B-4”.

Q-23: Are these pictures true representations of the condition of the water
connection at the time you took them.
A-23: Yes.

Q-24: Why do you say that these are true representations of the condition of
the water connection of Mrs. Nurfa N. Husin?

A-24: Because I was there and I was the one who have taken these pictures.
NO FURTHER QUESTIONS.

FREDERICK A. MACAPILI
Affiant

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 ATTESTATION

I, ATTY. VINCENT F FERNANDEZ, of legal age, Filipino, after having duly sworn to in
accordance with law, do hereby depose and say:

1. That I am the co-counsel of record for the Plaintiff in the above-entitled case;

2. That I personally conducted the foregoing judicial affidavit of Frederick A.

Macapili;

3. That I hereby declare that I faithfully recorded the questions I asked and the
answer of the witness;

4. That I likewise certify that neither I nor any person then present had coached the
witness regarding the latter’s answer.

IN WITNESS WHEREOF, I have hereunto affixed my signature on this _____ day of

_____________, 2019 in Zamboanga City.

ATTY. VINCENT F FERNANDEZ

Counsel for Complainant

CERTIFICATION

SUBSCRIBE AND SWORN to before me, this _____ day of _____________, 2019,
in the City of Zamboanga, Philippines by affiants Frederick A. Macapili and Atty. Vincent
F. Fernandez. This is to certify that I personally examined affiant Frederick A. Macapili and I
am satisfied that he voluntarily executed it and understood the contents thereof.