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REPUBLIC OF THE PHILIPPINES

Municipal Trial Courts in Cities


FIRST JUDICAIAL REGION
BRANCH I
Baguio City
DAVIELANE BANATAO-MARQUEZ,
Plaintiff,
-versus-

Civil Case No. 30652-A


For:
Damages

GOODTASTE BAGUIO CITY.


Defendant.
x-----------------------x
JUDICIAL AFFIDAVIT OF WITNESS FOR THE PLAINTIFF
ALDRIN MARQUEZ ON DIRECT EXAMINATION
COMES NOW DAVIELANE BANATAO-MARQUEZ, unto this
Honorable Court, in support of the above entitled complaint respectfully
states that:
1.

The herein affiant-witness DAVIELANE BANATAOMARQUEZ, is of legal age, married, and a resident of #36
Aurora Hill, Baguio City, Philippines;

2.

Atty. JEREMIAH JEROME R. CRUZ is the lawyer who


conducted and supervised the examination of said affiantwitness whose testimony was taken and held at his law office
located at #36 Laperal Building, Session Road, Baguio City

3.

The affiant-witness is answering the questions asked of him


fully conscious and that he does so under oath, and that he may
face criminal liability for false testimony or perjury, and hereby
declares under solemn oath that:
I, DAVIEDALE BANATAO-MARQUEZ, of 32 years
of age, employee, Filipino citizen, married, and with residence
at #36 Aurora Hill, Baguio City, Philippines, executes this
Judicial Affidavit, the contents of which were explained to me
in English, a dialect that I know, speak and understand. I am
fully aware that I am answering the questions asked of me
under oath and any untruthful statement that I make thereon
may subject me to a criminal prosecution for perjury or giving
false testimony. Answering truthfully, I hereby state that:

WITH THE KIND PERMISSION OF THE HONORABLE COURT:


1.

Q:
A:

Good morning mister witness.


Good morning, sir.;

2.

Q:

You mentioned that you are DAVIEDALE BANATAO


MARQUEZ, is that correct?
Yes, sir.;

A:
3.

Q:
A:

4.

Q:
A:

5.

Q:
A:

6.

Q:
A.

Will you tell me how you are related to the plaintiff in this
case.
The plaintiff ALDRIN MARQUEZ is my husband, sir.;
Will you now tell us who the defendant is in this case, if
you know, mister witness.
The defendant is Goodtaste Baguio, Incorporated, the fastfood
where the Buttered Chicken that caused the food poisoning of
my family was bought from, sir.;
Will you tell us who are the members of your family who
suffered from food poisoning caused by the Buttered Chicken
bought from the Good taste?
The members of my family who suffered from food poisoning
after eating the Buttered Chicken that was bought from
Goodtaste are my husband, my two children, MARIANO
MARQUEZ and MARIA MARQUEZ, and our house helper
NELLY BASCO.;
Can you now tell me when did your family suffer from
food poisoning caused by the Buttered chicken bought from
Goodtaste, mister witness?
My family suffered from food poisoning after eating the
Buttered Chicken in the evening of January 01, 2016 up to the
next day January 02, 2016, sir.;

7.

Q:
A:

Did you yourself suffer food poisioning as well?


No sir;

8.

Q:
A:

Will you tell me why your family suffered food poisoning


and you did not?
My family suffered from food poisioning and I did not because
I did not eat any of the Butteredchicken that was bought from
Goodtaste that evening of January 02, 2016, sir.;

Q:

When you tell me that your family suffered from food

9.

A:

10.

Q:
A:

11.

Q:
A:

12.

Q:
A:

13.

Q:
A:

14.

Q:
A:

Poisoning, what were the symptoms of this food poisoning you


observed your family suffered from, mister witness?
After my family ate the cake my family suffered from a
combination, succession and/or series of nausea, vomiting, and
diarrhea, and these are the symptoms of food poisoning, sir.;
So what did you do when you saw your family suffering
from food poisoning, mister witness?
I did my best to take care of all of them sir;
How did you feel during that time you were taking care
of your family mister witness?
At that time I was so preoccupied in taking care of family I did
not have any time to feel anything sir, all I wanted is for my
family to overcome and survive the condition they were
suffering from;

Will you tell me what was the cause of the poisoning


of your family, if you know?
It was the Butteredchicken on Goodtaste they ate,
sir;
What makes you say that it was the Buttered Chicken from
Goodtaste that caused the poisoning of your family?
It was the Buttered Chicken Goodtaste that
caused the poisoning of my family because they ate the cake
and suffered food poisoning, and I was well because I did not
eat the Chicken, sir;
If you did not eat the Chicken what then did you eat in the
evening of January 02, 2016?
I ate rice and the siomai and hototay soup that was
cooked at home sir;

15.

Q:
A:

What did your husband Aldrin Marquez eat?


He ate the Buttered Chicken and nothing else;

16.

Q:
A:

How about your son MARIANO?


My son ate dinner out and had a piece of the Buttered Chicken
he brought home, sir.;

17.

Q:
A:

How about your daughter MARIA?


My daughter ate hototay, siomay, rice and the Buttered Chicken
, sir.;

18.

Q:

How about your house helper NELLY?


3

19.

A:

Our house help ate hototay, siomay, rice and the Buttered
Chicken, sir.;

Q:

What would you like to tell Goodtaste regarding the


incident of food poisoning your family suffered from?
I would like to tell Goodtaste to be very careful with the
products they sell out to the public, even if my family had
gotten through the painful experience we still do not know the
long term effects of the poisoning caused by the Brazo De
Mercedes cake they sold my family.;

A:

20.

A:

What do you want Goodtaste to do to repair the damage


caused to your family?
My familys life was put in the balance because of the
negligence of the defendant, I want no less than a public
apology from Goodtaste, sir.;

21.

Q:
A:

Is there anything you would like to add, mister witness?


None, sir.

22.

Q:
A:

Will you voluntarily sign this Judicial Affidavit?


Yes I will, sir.

RD

23

Q:

IN WITNESS WHEREOF, I have hereunto affixed my signature this


day of April, 2016, in the City of Baguio, Philippines.
DAVIELANE BANATAO-MARQUEZ
Affiant

SUBSCRIBED AND SWORN to before me, this 23rd day of April


2016, by the affiant DAVIELANE BANATAO-MARQUEZ in the City of
Baguio, Philippines, affiant is personally known to me.

Doc. No _____
Page No._____
Book No._____
Series of 2016

Notary Public
Until December 31, 2018
Unit 3C, 3rd Floor, Porta Vaga Building,
Session Road, Baguio City
(074) 422-3287/ 09158481792
PTR No. 108083; 1-9-12/Baguio City
Roll of Attorney No. 101114; 1-9-12/
IBP Lifetime Membership No 082456;
Commission Serial No. 22-NC-11 (R)
TIN: 922-596-439

LAWYERS ATTESTATION
I, JEREMIAH JEROME CRUZ, of legal age, Filipino citizen and
with office address at Room 3, 3RD Floor Laperal Building, Session Road,
Baguio City, Philippines, under oath attest that:
1.
2.
3.

I am the lawyer who propounded the questions on direct


examination of the witness DAVIELANE BANATAOMARQUEZ;
I faithfully recorded or caused to be recorded in his judicial
affidavit the questions asked of her and the corresponding
answers he gave thereto;
In the course of asking her questions, neither I nor any other
persons present or assisting me in the examination coached her
regarding her answers.

IN WITNESS WHEREOF, I have hereunto set my hand this 23 RD day


of April, 2016 in the City of Baguio, Philippines.
ATTY. JEREMIAH JEROME R. CRUZ
SUBSCRIBED AND SWORN to before me this 23RD day of April,
2016 in the City of Baguio, Philippines by the affiant who exhibited to me
IBP Identification Card with roll number 742784.
NOTARY PUBLIC
Doc. No. _____
Page No. _____
Book No._____
Series of 2016.

CHRISTINE JOY D. PRESTOZA


PTR No. 38492 / 1-4-16 / Baguio City
Roll of Attorney No. 68352 / 1-4-16 / Baguio City
IBP Lifetime Membership No. 03923 / Baguio-Benguet
MCLE Compliance No. III-006 / 1-10-16
Room 201, 4th Floor, POA Building,
Upper Session Road, Baguio City
(074) 442-9302 / 09939589201
TIN No. 654-000-245

Copy furnished:
Atty. KEVIN GUMPAD
Counsel for the Defendant,
3b Laperal Building, Session Road
Baguio City
EXPLANATION
The foregoing Judicial Affidavit was filed in court, and sent to the Counsel for the
Defendant by mail considering the time constraints and the distance involved. ( An
advanced copy of the foregoing pleading was sent to Atty. KEVIN GUMPAD, counsel for
the defendant by the LBC next day door to door delivery service)