Republic of the Philippines

REGIONAL TRIAL COURT

7th Judicial Region
Branch __
Cebu City

PEOPLE OF THE PHILIPPINES

Plaintiff,
-versus-

CRIM. CASE NO. ___

FOR: MURDER

PROCOPIO SINUGBA SR.

Accused,
X --------------------------------------/
JUDICIAL AFFIDAVIT OF WITNESS CEDRIC LIM
The foregoing is the Judicial Affidavit of CEDRIC LIM, of legal age,
single and a resident of Brgy. Sandayong, Tuburan, Cebu.
PRELIMINARY STATEMENT
PURPOSE: This affidavit/testimony is being offered to prove that the
accused did not commit the charges for MURDER of SEGUNDO
TERSERA.
The questions were propounded by Atty. Estelito Menoza with
address at 3/F Insular Tower, Cebu Business Park, Cebu City. The
examination is being held in the same address. The questions and answers
given were numbered and all taken in the English language, a language
spoken and understood by the witness.
The above-named witness is answering the questions posed herein
fully conscious that he does so under oath and may face criminal liability for
false testimony and perjury.
DIRECT EXAMINATION PROPER
The questions asked and the corresponding answers thereto are as
follows:

1. QUESTION: Please state your name and other personal circumstances

for the record.
ANSWER: My name is CEDRIC LIM, 29 years of age, single and a
resident of Brgy. Sandayong, Tuburan, Cebu. I work as a BarangayKagawad in the said barangay for 9 years already.
2. QUESTION: Do you know the accused?
ANSWER: Yes sir.
3. QUESTION: Why did you know him?
ANSWER: I personally know the accused because were neighbors for
several years already.
4. QUESTION: Do you know the victim?
ANSWER: Yes, Sir.
5. QUESTION: Do you personally know the victim?
ANSWER: Yes, sir.
6. QUESTION: Why do you know him?
ANSWER: Were neighbors in Barangay Sandayong and as a BarangayKagawad, I have witnessed that he had been involved in several disputes
in our barangay so he had been quite frequent in the Barangay Hall.
7. QUESTION: What disputes were he involved of?
ANSWER: Mostly fistfights.
8. QUESTION: Can you recount and state what had happened on May 20,
2014?
ANSWER: On May 20, 2014, at about 6:15p.m, I started roving in our
barangay. As I was roving, I happened to pass by the store of Manang
Flordeliza Condiman. I was planning to sit for a while outside Manangs
Sari-sari store after roving for several minutes, but I noticed that there
were already 2 persons in there.
9. QUESTION: Were you able to identify those two persons who were
there?
ANSWER: Yes, sir. They were PROCOPIO SINUGBA SR. alias
OPONG and SEGUNDO TERSERA.
7. QUESTION: What happened next?
ANSWER: I decided not to sit there since it was quite crowded already
considering that Manangs sari-sari store was just really small and
2

because Opong was already sitting on the lone chair located just outside
that store. Because of that, I decided to sit in our waiting shed located 3
meters away adjacent to the store.
8. QUESTION: What transpired next?
ANSWER: As I was sitting in the waiting shed, I saw Segundo left the store
with a bottle of wine and thereafter, Opong immediately followed him. As
they were walking, I saw a man lurking in the alley holding a gun wearing a
hooded jacket. I saw the said man drew an unknown caliber of firearm to
Segundo so Opong drew out his gun and pointed it towards the perpetrator
trying to get his attention but unfortunately it was too late. The said man shot
SEGUNDO once in the back.
QUESTION: Were you able to identify the said man?
ANSWER: No, sir. I am sure that he is not from this barangay or if he is,
then he is definitely new in this place since his face is not familiar.
9. QUESTION: What happened next?
ANSWER: SEGUNDO fell on the ground and I heard the perpetrator
saying in vernacular to wit DAH! KABAWS NAJUD KO NIMO!. I
saw the perpetrator ran after the incident and also saw Opong ran too.
10.QUESTION: What did you do when you saw that?
ANSWER: Out of fear for my life since I was only carrying a batuta, I
tried to hide at the back of the post of the waiting shed while looking
closely on what is happening between the three. After seeing that the
perpetrator has left, I immediately ran towards Segundo and asked for
help for him to be brought to the hospital.
Further Affiant sayeth none.
IN WITNESS WHEREOF, I have hereunto set my hand this 1 st day of
June 2014 at Cebu City, Philippines.
CEDRIC LIM
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, this 1st day of in the

City of Cebu, Philippines by the affiant presenting to me his competent
evidence of identity, TIN No. 12345.
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Doc No.1;
Page No.4;
Book No.1;
Series of 2014

Republic of the Philippines)

City of Cebu
) S.S.
ATTESTATION
I, ESTELITO MENOZA, of legal age, Filipino, with office at 3/F
Insular Tower, Cebu Business Park, Cebu City, as counsel for the Defendant
in the above-entitled case, hereby attest under oath the following:
1. I was the one who conducted the examination of witness CEDRIC
LIM at my aforementioned office;
2. I have faithfully recorded or caused to be recorded the questions I
asked and the corresponding answer that the witness gave;
3. Neither I nor any other person then present or assisting him
coached the witness regarding his answers.

IN WITNESS WHEREOF, I have hereunto set my hand this 1 st day of June

2014 at Cebu City, Philippines.
ESTELITO MENOZA
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME, this 1st day of in the
City of Cebu, Philippines by the affiant presenting to me his competent
evidence of identity, TIN No. 0001.
Doc No.1;
Page No.4;
Book No.1;
Series of 2014