REPUBLIC OF THE PHILIPPINES

9th Judicial Region

REGIONAL TRIAL COURT
Dipolog City, Zamboanga del Norte
Branch No. 1

FEVIE GANDANGHARI CIVIL CASE NO.

001
Plaintiff.
- versus -
FOR
DAMAGES
AGUSTIN GAHIG-ULO
Defendant
x---------------------------------------------x

JUDICIAL AFFIDAVIT
(Rule on Judicial Affidavit,
A.M. No. 12-8-8-12, September 4, 2012)

I. PRELIMINARY INFORMATION.

A. NAME AND OTHER PERSONAL CIRCUMSTANCES OF THE

WITNESS.
Name : AGUSTIN GAHIG-ULO
Age : 41
Address : 124-A Quezon Ave. Miputa, Dipolog City;
Occupation : Marketing Director;
Language : English and Tagalog.

B. LAWYER WHO CONDUCTED OR SUPERVISED THE

EXAMINA TION OF THE WITNESS.
Name : Atty. MARIUS LAKANDULA

Address : RAMOS LAKANDULA UY LAW OFFICES,

Unit 15, Majika Commercial Complex, Ramos Village., Dipolog City 7100.

Place of Examination: RAMOS LAKANDULA UY LAW OFFICES,

Unit 15, Majika Commercial Complex, Ramos Village., Dipolog City 7100

II. OFFER.

The testimony of the witness Agustin Gahig-ulo is being offered to prove:

1. The lack of actual demand to cut the Caimito branch from Kendara
Ken.
2. The lack of actual demand to cut the Caimito branch from the
Gandanghari couple.
3. There was never notice from authorities to constitute a formal demand
to abate the alleged nuisance.
4. A barangay official disseminated door-to-door information regarding
the Mayors directive to have a Forced Evacuation.

III. JUDICIAL AFFIDAVIT PROPER.

I, AGUSTIN GAHIG-ULO, 41 years old, married, Filipino, and residing at

124-A Quezon Ave., Miputak, Dipolog City, under oath, depose:

1. Q Please state your name, age, residence, and occupation of the

witness.

A I am AGUSTIN GAHIG-ULO , 41 years old, married, residing

124-A Quezon Ave., Miputak, Dipolog City, a Marketing Director.

2. Q- Why are you here now?

A To give a sworn statement by way of a judicial affidavit, the same

to constitute as my direct testimony, in the above-captioned civil case.

3. Q- For the record, please state the name and address of the Lawyer
who is now conducting or supervising your examination and the
place where the examination is being held now?
 A The legal counsel for the defense, Atty. Marius Lakandula is
conducting or supervising my examination now at his law office at
RAMOS LAKANDULA UY LAW OFFICES, Unit 15, Majika
Commercial Complex, Ramos Village., Dipolog City 7100

4. Q In what language do you want your examination to be conducted?

A This judicial affidavit is prepared in English. I prefer that the

cross would be conducted in English as well.

5. 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.

6. Q Do you know the plaintiff Fevie Gandanghari and her late

husband Alden Gandanghari?

A Yes. They are neighbors of mine residing at 123-B Quezon Ave.,

Miputak Dipolog City

7. Q Do you know the plaintiff Fevie Gandanghari and her late

husband Alden Gandanghari?

A Yes. They are neighbors of mine residing at 123-B Quezon Ave.,

Miputak Dipolog City

8. Q What is the nature of your relationship with the couple?

A I believe I have a civil relationship with them. I do not really

know them that well, nor have I engaged them on a casual or friendly
way.

9. Q Do you know the witness in the complaint by the name of

Kendara Ken?

A Yes. She is a neighbor of ours as well.

10.Q What is the nature of your relationship with Kendara Ken?

 A I barely know her. I admit to have exchanged a few words with
her in the most civil manner over the course of our mutual existence
in the same neighborhood.

11.Q Why are you testifying in this case?

A I am the subject of the civil complaint captioned as the defendant.

12.Q Are you familiar with the object of the complaint the caimito
tree?

A Yes. The caimito tree referred to is the one planted within my

front yard fronting the street.

13.Q How would you describe the said tree?

A The tree is a fairly tall tree with a trunk of medium girth, whose
buttresses are well within my yard but whose branches admittedly
extend outwards into the sidewalk for about 0.3-0.5 meters only.

14.Q How would you describe the state of the branches?

A The branches seemed to me as normal branches. Neither did it
seem to as though it were deteriorating, nor did it seem to me as
overtly strong.
15.Q Is it true that days before the alleged storm, Kendara Ken
approached you and talked to you?
A Yes, Ms. Ken did approach me and we did exchange a few words.
16.Q What did Kendara Ken say regarding the hazard posed by the
branches during this meeting?
A Ms. Ken and myself do not have a casual relationship. When she
approached me, she did talk about the caimito and that to her, it might
be a hazard. But she never directly and expressly stated in clear words
that she was making a formal demand for me to abate the nuisance she
claimed to exist.
17.Q What did Kendara Ken say exactly?

A She said something much like, Mr. Gahig-ulo, Good day! It

seems your Caimito is encroaching over the side walk. Might the
branches be hazardous? They seem rotten to me.
18.Q How did you take the exclamations of Kendara?
A I honestly thought these were mere opinions and criticism of a
nosy neighbor. It did not purport to me as actual demand of some sort.
19.Q What transpired between you and the couple, three days before
the occurrence of the typhoon?
A Yes, the couple did come to me to talk about the caimito.
20.Q During this conversation, what did the couple say specifically
regarding the branches of the tree?
A They merely noted that to them the branches seemed
deteriorating.
21.Q How did you respond to their pronouncement?
A I told them that I had not really thought about it since the caimito
never did show obvious signs of deterioiration.
22.Q During the same conversation, what did they say about the
coming storm?
A They reminded me that there was a super typhoon and that they
had been informed by various media outlets. I told them about the
evacuation directive of the mayor, to which they acknowledged.
23. Q Did you expressly and specifically assent to cutting the branches?
A I only agreed to consider inspecting the dangers of a falling
branch. I never assented to having the tree cut because there was no
clear indication that I had to, nor was they an actual demand from any
party, including that from the government.
24.Q What did you do on the night of the storm?
A Much like all responsible citizens I packed the necessary goods I
knew I needed and some extra beddings and food for my co-evacuees.
This meant that I was still at home when the storm was already raging.
I was loading donations I stocked to help out in the evacuation center
when I heard bang after bang. I saw street lamps bending to the wind
and light vehicles toppling over.
25.Q How did you come to rescue the deceased Alden Gandanghari?
A I knew it was perilous, but I knew as well that many people would
suffer if I would not be able to reach the evacuation center, so I braved
the winds. As I pulled down the driveway, it was then when I saw
Manong Alden sprawled on the street. It seemed to me that he was
indeed hit by some sort of branch. I rushed out of the vehicle and
braved the storm to help him to the hospital. I called emergency
 responders to facilitate his rescue and accompanied them to the
hospital.
26.Q What did you do after helping him to the ER?
A I stayed until the pronouncement of the ER personnel that he was
dead on arrival. I was very sad, but I had a responsibility to the
evacuation site, so I left and delivered the goods there.

AGUSTIN GAHIG-ULO
Affiant/Defendant

SUBSCRIBED and sworn to before me in Dipolog City on 3rd of

Februrary, 2017, affiant showing his/her competent proof of identity, to
wit: COMELEC Voters Number 10319319.

Notary Public

Doc. No. __
Page No. __
Book No. __
Series of 2015.

IV. SWORN ATTESTATION OF THE LAWYER WHO

CONDUCTED OR SUPERVISED THE EXAMINATION OF THE
WITNESS.

The undersigned ATTY. MARIUS LAKANDULA of legal age, married,

and with law office address are RAMOS LAKANDULA UY LAW
OFFICES, Unit 15, Majika Commercial Complex, Ramos Village., Dipolog
City 7100., under oath, deposes and states:
1. He is the Legal Counsel for the defendant in the above-entitled case;

2. He faithfully recorded or caused to be recorded the questions he

asked and the corresponding answers that the above-named witness gave;

3. Neither he nor any other person then present or assisting him coached
the witness regarding the latter's answers; and

4. He conducted the examination of the witness at his law office located

at Laserna Cueva-Mercader Law Offices, Unit 15, Star Arcade, C.V. Starr
Ave., Philamlife Village, Las Pinas City 1740.

Dipolog City, 3rd day of February, 2017.

Atty. MARIUS LAKANDULA

Affiant

SUBSCRIBED and sworn to before me in Dipolog City on 3rd of

February, 2017, affiant showing his/her competent proof of identity, to
wit: SSS Member ID No. 99091083788892.

Notary Public

Doc. No. ___

Page No. ___
Book No. ___
Series of 2017.

Copt Furnished:
Counsel for PLAINTIFF Fevie Gandanghari