Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

Ninth Judicial Region
Branch 1, Dipolog City

Rhine C. Doliotalias

vs.

Nio Jake O. Obordo

Plaintiff

Accused

Criminal Case No. 36478

(for T H E F T)

JUDICIAL AFFIDAVIT
A.M. No. 09-3-3-16, September 30, 2016

I.

PRELIMINARY INFORMATION

NAME AND OTHER PERSONAL CIRCUMSTANCES OF THE

ACCUSED.
Name

Nio Jake O. Obordo

Age

26

Address

122 Mi Retiro St., Banonong Dapitan City, ZN

Occupation :

None

Language

English and Tagalog

LAWYER WHO CONDUCTED OR SUPERVISED THE EXAMINATION

OF THE ACCUSED.

Name

Atty. Marie Grace M. Pausal

Address

Banonong, Dapitan City, ZN

Place of Examination
:
City, Zamboanga del Norte.

II.

Pausal Pausal Law Office, Dawo, Dapitan

JUDICIAL AFFIDAVIT PROPER

I, Nio Jake O. Obordo, 26 years of age, single, Filipino and residing

at 122 Mit Retiro st., Looc, Banonong Dapitan City, Zamboanga del Norte,
under oath, despose:
Q

Please state your name, age, residence and occupation.

A
I am Nio Jake O. Obordo, 26 years of age and a legal resident
of Looc, Banonong, Dapitan City. I am a law student of Andress Bonifacio
College, I have no job at the present.
Q

Why are you here now?

A
To give a sworn statement by way of a judicial affidavit, the
way to same to constitute as my direct testimony in the above mentioned
criminal case. That I did not stole the mobile phone of the plaintiff on
September 30, 2016 at 4PM during the ORADEC.
Q
For the record, please state the name and address of the Lawyer
who is conducting your examination and the place where the examination is
being held now?
A
My legal counsel, Atty. Marie Grace M. Pausal, is conducting
my examination now at her law office (Pausal-Pausal Law Office) located at
Dawo, Dapitan City, Zamboanga del Norte.
Q

In what language do you want your examination be conducted?

A
I prefer my cross examination be conducted in English for my
convenience and clarity as I can speak English well than Tagalog.
Q
Do you undertake to answer the questions to be asked of you,
fully conscious that you will do so under oath, and that you may face
criminal liability for false testimony or perjury?
A

Yes.

Q
Let us now proceed to the Complaint. Do you know the plaintiff
named Rhine C. Doliotalias?

Yes. She is my girlfriend and classmate.

How long have you known her and where?

Since year 2014 during our high school days.

Can you state how close you are with the plaintiff?

A
We are very close and intimate. We were always together
everyday. I always fetched her at her house and sent her home.
Q
Are you familiar with the mobile phone that was lost on
September 30, 2016 during the ORADEC activity at ABC?
A
Yes. It was a Samsung J1 mobile phone, white color, which I
gave her during our anniversary.
Q

On September 30, 2016 at exactly 4PM, where were you?

A
I was at the ABC GP building attending the ORADEC activity
of the school.
Q

Can you state who you are with?

A
With my girlfriend, Rhine Doliotalias and some of our
classmates.
Q

Where did you seated during the whole duration of the activity?

A
I seated next to my girlfriend. On my right side were our
classmates.
Q

Can you state what time exactly did the ORADEC started?

The ORADEC started at around 3 oclock in the afternoon.

Q
During the time that the activity started, was there a moment
that you went out from the location? If yes, why?
A

Yes. Only when I went to the Comfort Room.

Was your girlfriend aware that you went out?

Yes.

Q
On September 30, 2016, was there a time that your girlfriend
asked you to bring her shoulder bag or any personal belongings?
A
Yes. She asked me to bring her shoulder bag. It happened
always when we go out.

Are you fully aware that the mobile phone was inside the bag?

Yes.

Was there a time that the plaintiff asked her shoulder bag back?

A
started.

Yes, when she went to the bathroom before the ORADEC

Q
Can you describe how was your relationship with your
girlfriend that day?
A
We were fine. We even had breakfast together and bought a new
fishing rod at Lee Plaza Mall because she lost her fishing rod last month
when we went fishing at Dapitan City.
Q
You said she lost her fishing rod last month, does this always
happened to the plaintiff?
A

Yes.

Q
Since you started out a relationship with her, can you state how
many times did she lost her personal things?
A

Always.

Q
Was there a moment that you opened the shoulder bag of the
plaintiff which the mobile phone was located without her permission?
A

No. There was never a time that I opened her should bag.

Q
Can you state if was there a time that you used the mobile
phone of the plaintiff during that day?
A

No. There was never a time that I used her mobile phone.

Q
Can you tell exactly when was the exact time that she lost her
mobile phone?
A
I cannot tell. She panicked at around 4PM when she checked
her shoulder bag to get her mobile phone to call her mother and found out
that it was not there anymore.
Q
Did you stole the mobile phone of your girlfriend named Rhine
Doliotalias who is the plaintiff?
A

No.

Anything else?

A
Yes. I manifest that I plead not guilty of this case. The
plaintiffs contention is not true. There is no enough evidence to show that I
stole the mobile phone which I myself gave to her as a present. All of the
statements presented by the plaintiff were just all circumstantial.
Furthermore, this should not be taken against me on the ground that there
was no enough evidence presented.
Nothing follows.

Dapitan City, Zamboanga del Norte, September 30, 2016.

NIO JAKE O. OBORDO

Accused

SUBSCIBED and sworn to before me in Dapitan City on September

30, 2016, accused showing her competent proof of identity, to wit: Passport
No. EDC123356U.

Notary Public

Doc. No.__________
Page No.__________
Book No.__________
Series of 2016
III. SWORN ATTESTATION OF THE LAWYER WHO
CONDUCTED OR SUPERVISED THE EXAMINATION OF THE
ACCUSED.

The undersigned ATTY. MARIE GRACE M.PAUSAL, of legal age, single,

and with law office address are Pausal - Pausal Law Office, Dawo, Dapitan
City, under oath, deposes and states:
1.

She is the Legal Counsel for the accused in the above mentioned case;

2.
She faithfully recorded of caused to be recorded the questions she
asked and the corresponding answers that the above-named-accused gave;
3.
Neither she nor any person then present or assisting her coached the
accused regarding the latters answers; and
4.
She conducted the examination of the witness at her Law Office
located at Pausal Pausal Law Office, Dawo, Dapitan City, Zamboanga del
Norte, Philippines, 7101.

Dapitan City, Zamboanga del Norte, September 30, 2016

ATTY. MARIE GRACE M. PAUSAL

Legal Counsel of the Accused

SUBSCIBED and sworn to before me in Dapitan City on September

30, 2016, accused showing her competent proof of identity, to wit: SSS
Member ID No. 1894563146.

Notary Public

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