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Republic of the Philippines

)
City of Dipolog
)s.s.
x..x

This is the examination conducted on the person of Christian G.


Vergara, 30 years of age, Filipino, single, a resident of Tabuk Tulay, Dipolog
City and by Atty. Valerie Hope B. Jauculan, Public Attorney II of the Public
Attorneys Office, Dipolog City District Office. The examination was
conducted on January 22, 2016 at the office of the examining counsel
located at the Bulwagan, Dipolog City.
Mr. Vergara, in answering the questions asked of him, is fully aware
and conscious that he does so under oath and that he may face criminal
liability for false testimony or perjury should he say untruthful statement/s.
Mr. Vergara, after having been sworn to an oath in accordance with
law, gave the following answers to the questions asked of him.

JUDICIAL AFFIDAVIT

I, Christian G. Vergara, 30 years of age, Filipino, single, a resident of


a resident of Tabuk Tulay, Dipolog City and a Security Guard of Ninety Nine
Security Services, after having been duly sworn to an oath in accordance
with law, do hereby depose and say THAT:

QUESTIONS AND ANSWERS

QUESTION (Q): What is your highest educational attainment?


ANSWER (A): High School graduate.
Q: What language do you know and understand?
A: Visayan dialect, Tagalog.
Q: I will inform you now that your answers to my questions are under oath
and you will possibly face criminal liability if ever you will lie. Do you
understand that and do you wish to continue with the taking of your
affidavit?

A: I understand and I will continue with the taking of my affidavit.


Q: How is one Christian Vergara, who is the accused in a case pending
before the Regional Trial Court, Branch 1 in Dipolog City, which is
docketed thereat as Criminal Case No. 1 for Reckless Imprudence Resulting
to Homicide, related to you?
A: I am.
Q: You are now accused of, that around 7:00 oclock in the evening of
January 27, 2015, in Galas, Dipolog City, you drove a motorcycle in a fast
and reckless manner and, by reason thereof, you hit and bumped one Vince
Fontanilla which resulted to his death. What can you say about such
accusation?
A: I really did not bump the child at that time.
Q: Where were you at around 7:00 oclock in the evening of January 27,
2015?
A: I was in Amigo Shopping Center because I was on duty.
Q: Where is that Amigo Shopping Center located?
A: At Quezon Avenue, Dipolog City .
Q: Why where you there at that time?
A: Because I was on duty because I am a guard of Amigo Shopping Center.
Q: When did you start guarding Amigo Shopping Center?
A: June 13, 2014.
Q: How many guards are there at Amigo Shopping Center?
A: Two.
Q: Who were they?
A: I and Eduardo Buenavista .
Q: What is your proof which will show that, indeed, you are a security
guard?
A: I have a license.
Q: We will have your license copied and we will attach the copy to your
affidavit and mark the same as Exhibit 3, okay?
A: Okay.

Q: You said that you were at Amigo Shopping Center at around 7:00
oclock in the evening of January 27, 2015, who was your companion at that
time, if there was any?
A: Only I.
Q: Where was Eduardo Buenavista at that time?
A: Off duty.
Q: When did you start your duty on that date?
A: 7:30 oclock in the morning.
Q: Who were in Amigo Shopping Center?
A: Sales ladies, cashiers, other workers and customers.
Q: As a security guard of the Amigo Shopping Center, what are your
responsibilities?
A: To protect the client, their properties and their lives.
Q: What evidence do you have which will prove that you were on duty as
guard of the house of the former mayor at around 7:00 oclock in the
evening of January 27, 2013?
A: Logbook.
Q: What is that logbook?
A: Our record book at the guard house. It is there where we would record the
workers which would get in and out of the premises. It is also the order of
our office that we should maintain a logbook wherein we could write the
activities whenever we would be on duty.
Q: You started your duty at 7:30 oclock in the morning of January 27, 2015,
what time or day did your duty end?
A: At around 7:30 oclock in the morning of January 28, 2015.
Q: What evidence do you have which will prove that it was around 7:30
oclock in the morning of January 28, 2015 that your duty ended?
A: In the logbook.
Q: When I prepared the affidavit of your witness Diego Salameda, he
mentioned in his affidavit about the entries of the logbook, especially the
entries on January 27 and 28, 2015. The same were even marked as Exhibits
1, 1-A, 2 and 2-A. Were you referring to the same entries of your
logbook?

A: Yes.
Q: We will have those exhibits copied and we will attach those copies on to
your affidavit, okay?
A: Okay.
Q: Aside from the logbook, what other evidence do you have which will
prove that, indeed, you is a guard at Amigo Shopping Center?
A: Duty Detail Order.
Q: We will have that Duty Detail Order copied and we will attach the copy
on to your affidavit and mark the same as Exhibit 4, okay?
A: Okay.
Q: When you were on your duty as guard from 7:30 oclock in the morning
of January 27, 2015 until your duty ended at around 7:30 oclock in the
morning of January 28, 2015, where did you stay?
A: At the back entrance of Amigo Shopping Center.
Q: When you were on duty as guard at that time, was there an instance
wherein you left your post?
A: I would also leave my post because I would rove the surrounding of the
Amigo Shopping Center bodega.
Q: While you were on duty at that time, did you leave Amigo Shopping
Center and went to another place?
A: No.
Q: Now, what can you say about the accusation against you?
A: I have not committed a wrong because I was on duty at Amigo Shopping
Center at around 7:00 oclock in the evening of January 27, 2015. I really
did not go to Galas at that time.
Q: Because all of the pieces of the evidence attached to your affidavit are
just copies, will you guarantee that the said copies are faithful reproductions
of the original copies hereof?
A: Yes.

IN WITNESS WHEREOF, I have hereunto affixed my signature this


23rd day of January, 2016, in the City of Dipolog Philippines.

Christian G. Vergara
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME this 23 rd day of


January, 2016, in the City of Dipolog, Philippines.

Valerie Hope B. Jauculan


Public Attorney II
(Pursuant to R.A. 9406)

ATTESTATION

I hereby certify, under oath, that I have faithfully recorded the


questions I asked and the corresponding answers of the affiant. Neither I nor
any person assisting me and/or the affiant then present coached the affiant
regarding the latters answers to the questions propounded onto him.

January 23, 2016.

Valerie Hope B. Jauculan


Public Attorney II
IBP No. 21492; 01/14/2015
MCLE Compliance No. IV- 59121
Roll No. 5627

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