Republic of the Philippines

REGIONAL TRIAL COURT

Second Judicial Region
Branch 35
Santiago City
-oOo-

MARIA MAHINHIN
Complainant
-versus-

CRIMINAL CASE NO. 787980

For: Violation of RA 7877

Dean MARIO MAHILIG

Accused
x--------------------------------x

JUDICIAL AFFIDAVIT

I, Mario Mahilig , 60 years old, married, Filipino , and presently residing at

Arellano St., Dubinan East, Santiago City, after being sworn to in accordance
with law hereby depose and state that I am executing this judicial affidavit for
the following:

PURPOSES:

1. To prove that the witness is a respectable person, of a good moral

character and reputation; and

2. That the witness is not guilty of the acts being complained of or there
was no sexual favor that was being made as a condition to the giving
of a passing grade.

I hereby attest that my Judicial Affidavit was taken through the

examination conducted by Atty. Timothy James Myth J. Baltazar in his Law
Office located at Alvarez Bldg., Baptista Village, Calao East, Santiago City.

I have answered the questions asked of me fully conscious that I do so

under oath and that I may face criminal liability for false testimony or perjury;
 That this Judicial Affidavit was prepared in English, a language known to
and understand by me.

Thus, I declare:

1. Q: Mr. Witness, are you the same Mario Mahillig , who is named in the
complaint as the Dean in the Engineering Department?

A: Yes, Sir.

2. Q: Do you know the person named Maria Mahinhin?

A: Yes Sir. I know her. She is my student in one of my subjects.

3. Q: Can you tell us what subjects are you teaching?

A: Yes Sir. Calculus (Integral and Differential), Strength of Materials,

Hydrology, Soil, and Mechanics.

4. Q: Do you remember what happened on January 16, 2017 at 9:00 in the

morning?

A: Yes Sir. That was the day when I gave my students in Calculus Subject
their Preliminary Examinations at 2nd Floor Room 123 of Northeastern
College.

5. Q: After that, what events transpired next?

A: I have checked the examination booklet of my students Sir right after

their examination and four out of ten students who took the
examination have failed. I informed them the following day, January 17,
2017, for such failure.

6. Q: When you informed them, were there any reactions on their part?

A: Yes Sir. On the next day, January 18, 2017, they asked me if I could give
them another chance to take the exam again or just pass a requirement
to make up for the exam.

7. Q: Have you given them another chance to take the examination or let
them pass a requirement to pass the subject?
 A: I have given their remedial examination on January 25, 2017 in the
morning.

8. Q: What happened next, if there’s any?

A: During their examination, I wrote my cell phone number on the board

and I told them to text me for them to know whether they pass the
examination or not. I also asked them to write their contact number in a
piece of paper and submit the same to me.

9. Q: Were you able to contact them?

A: Yes sir. I called one of the students whose number was in the first list
of the piece of paper being given, Maria Mahinhin, and to inform her that
she was the only one who failed the remedial exam and that I have not in
a good mood to check her paper because when I scanned her
examination booklet, what only I could see were many erasures and no
correct answers.

10. Q: What was her reaction if any when you have told her such
happenings?

A: I think she did not seem nervous nor shock when I informed her
considering that she already experienced getting failing grades for
different subjects for the past semester in which I was also their
Professor.

11. Q: Was this person talked to you in person after she has been informed
of the result?

A: Yes Sir. She came to my office, crying, and begging for another
remedial exam and that she did not want that such failure would come to
the knowledge of her parents because she said that they would lose
trust on her and not let her enrol again.

12. Q: What actions have you made after that?

A: As far as I know very well the parents of Maria and considering that I
also have a daughter like her, I had given her a second chance and
 instructed her to go to my office on January 27, 2017 at 7:00 in the
morning to take the exam.

13. Q: Was she able to take again the exam?

A: No Sir because when I let her to come in my office, she saw first her
examination booklet and out of curiosity, she scanned it with my
permission but when she found out that there were no checks or any
marks in the said booklet, she asked me why I did not check it while the
other classmates who then took the remedial examination have some
marks and passed the examination. I explained her again that how could
I check her examination booklet if there was nothing to check, that what
only I could see were many erasures and wrong answers. After what
happened, she called me a bias person and I have this so-called
“favouritism” in class. She just went out of my office, crying, without
giving any respect and she forcibly closed the door.

14. Q: Can you tell us what happened after she went out of your office?

A: She told her classmates Sir that I did something terrible; that I force
her and made a sexual favour as a condition of giving her a passing
grade.

15. Q: How did you know of such statement?

A: My office is just near where they are talking Sir and the window of my
office was open that time in which I could clearly hear their statements.

16. Q: Do you know the reason why Maria made such actions?

A: As far as I know sir, she made such actions because I failed her not
only in Calculus subject but also in other subjects in the previous
semester and she made some stories to cause my suspension or
termination as a College Dean.

17. Q: Do you have more to say in this Examination?

A: Yes Sir. I am already a Senior Citizen and had undergone a kidney

transplant operation five (5) months prior to this event. And due to these
 reasons, I was not able to employ force or commit the acts against Maria
considering my age and my health condition. In addition, I have 15 years
of Service as a College Dean with no bad record like the acts being
complained.

18. Q: Do you have proofs to that effect?

A: Yes Sir. (Witness handing a Senior Citizen Identification Card, Medical

Certificate and Certification of Employment)

19. Q: I am marking these Senior Citizen Identification Card, Medical

Certificate and Certification of Employment as Exhibits “1”, “2” and “3”
and attaching them to your judicial affidavit, do you confirm my actions?

A: Yes Sir.

20.Q: Do you have more to say in this Examination?

A: No more at the moment Sir.

IN WITNESS WHEREOF, I set my hand this _______ day of February, 2017

here in Santiago City.

MARIO MAHILIG
Affiant

SUBSCRIBED AND SWORN to before me this _______ day of February, 2016 at

Santiago City.

Doc. No. ____ ATTY. TIMOTHY JAMES MYTH J. BALTAZAR

Page No. ____ Notary Public
Book No. XXIX Until December 31, 2017
Series of 2017 PTR No. 03181994; Jan. 10, 2017
Roll No. 072715
IBP Roll No. 9876543
MCLE Compliance No.
 SWORN ATTESTATION

I, ATTY. TIMOTHY JAMES MYTH J. BALTAZAR, under oath depose and

states:

1. That I conducted the examination of the witness herein;

2. That I faithfully recorded or caused to be recorded the questions I asked

and the corresponding answers that the said witness gave;

3. Neither I nor any other person then present or assisting him coached the
said witnessed regarding the latter’s answer.

IN WITNESS WHEREOF, I set my hand this ____ day of February,

2017 at Santiago City.

ATTY. TIMOTHY JAMES MYTH J. BALTAZAR

Affiant

SUBSCRIBED AND SWORN to before me this ____ day of February, 2017

at Santiago City.

Doc. No. ____ ATTY. MATABABE GALING-GALING

Page No. ____ Notary Public
Book No. XXIX Until December 31, 2017
Series of 2017 PTR No. 77556488; Jan. 10, 2017
Roll No. 935667
IBP Roll No. 3245671
MCLE Compliance No.