Republic of the Philippines

Cebu City

JUDICIAL AFFIDAVIT

(PROCOPIO DIMAANO)

I, Mr. Procopio Dimaano, married, residing at Holy Family Banilad, Cebu City,
after having been sworn to in accordance with the law do hereby depose and state:

That Atty. is the counsel who conducted and supervised my examination as a

witness at her office at 2rd Floor, Country Mall, Apas Cebu City;

That I am answering the questions herein fully conscious that I do so under oath
and that I may be criminally liable for false testimony or perjury;

The following are the Questions propounded by Attorney xxxxx and my answers
in English language:

Q1: Do you swear to tell the truth and nothing but the truth?
A1: Yes Sir.

Q2: Can you state the reason why you are here?
A2: I was accused of Theft and as a result, I was dismissed from service.

Q3: What is your function in the company?

A3: I am foreman and in charge of the bodega. Part of my job is to segregate expired

products and dispose them.

Q4: How long have you been working in the company?

A4: 32 years

Q5: What happened on July 2, 2017 at around 5: 30 pm?

A5: I was at my workplace doing my duty in segregating the expired products from

unexpired ones. After which I told my subordinates to place them inside a box so that it

would be easier for me to dispose them.

Q6: What was the condition of the bodega when you were doing your job?

A6: It was somewhat dark “ngit-ngiton” at the bodega Sir, and there are too many

products some are even not in place or were placed elsewhere other than their

designated places.

Q7: What did you do with the “expired” products that you collected?

As per company policy Sir, I should dispose them, but since there were too many, I

decided to bring a box of expired goods with me on my way home.

Q8: You decided to bring home some expired good, did you inform anyone of this act?

A8: Yes the guard asked me, as a matter of procedure, what was inside the box. I told

him it was the expired products. I let him check the goods and unfortunately, he was

able to notice some unexpired cans.

Q9: What did the guard tell you when found some unexpired goods?

A9: As a matter of procedure, he double checked the box and found other products

such as the bottle of vinegar and ccoking oil.

Q10: Why are those goods inside the box?

A10: I really don’t have any idea, maybe it was a mistake of one my subordinates who

placed those goods inside the box.

Q11: What did the guard tell you?

A11: He told me to return it.

Q12: So did you return it?

A12: Yes, I did

Q13: Is this the first time that a can of unexpired good has been mistakenly placed

among the unexpired goods?

A13: No, sir. This is not the first time. It is really unavoidable especially with the amount

of goods that have to be segregated inside the bodega.

Q14: Are you aware of the company policy regarding bringing of unexpired goods?

A14: The policy, which I have been following since I became foreman 10 years ago, is

to separate the expired products, put them in cartons, and bring them outside of the

company premises. The expired products are then deposited in trash bins. Sometimes, I
had to bring and dispose them at home, especially when the trash bins have already

been collected.

Q15: What did the company do to you after that?

A15: The HR Manager called my attention and then told me about the report of the

guard based on the incidents that transpired on July 02, 2017 that were written in the

logbook. They then told me that I will be preventively suspended pending the

investigation about the alleged commission of theft that they accused unto me.

Q16: For how many days did the suspension last?

A16: It lasted for I think a month, basically 30 days.

Q17: What happened after the lapse of the 30 days?

A17: I was told by some of my co-employees that I was already dismssed from service,

so I immediately went to the HR office and ask him if such was true.

Q18: What was the response of the HR Manager?

A18: He told me that the investigation yield to the truthfulness of the accusation against

me, that I indeed committed the alleged theft.

Q19: How did you accept such decsision of the HR?

A19: I did not accept it lightly. I cannot accept such decision for I did not committed

theft.
Q20: Was there any noticee given to you with regard to the action of the company to

terminate your services?

A20: I did not receive any notice Sir.

Q21: Were you given an ample opportunity to defend your side with regard to the

allegation of theft agaisnt you.

A21: I was also not given that opportunity Sir. I was just shocked when I was alreeeady

dismissed since the last time I checked I was only preventively suspended pending the

conduct of investigation by the company on the alleged commission of theft.

Q22: For the meantime, I don’t have further questions, do you have any statements to

add or take away on this affidavit?

A22: I don’t have Sir for the meantime.

Q23: Were you threatened, promised or bribed to do this confession?

A23: No sir. I made it voluntarily with my own free will.

Q24: Are you willing to sign this affidavit consisting of 3 pages, to certify that all the

statements you made are true.

A24: Yes Sir.

-----END OF STATEMENT----
 IN WITNESS WHEREOF, I have hereunto affixed my signature this 9th
day of March 2018 at Cebu City, Philippines.

xxxxxxx
Witness

SUBSCRIBED AND SWORN to before me this9th day of March in Cebu

City, Philippines.

Atty. xxxxxx

ATTESTATION OF LEGAL COUNSEL

I, ATTY. AL ZHAYEEB HAMIN, after having been sworn to in

accordance with the law do hereby depose and say:

1. That I have faithfully recorded or caused to be recorded the

questions I asked and the corresponding answers that witness,
Nipangue gave;
2. That I have not, nor any other person present or assisting coached
the witness regarding the witness’ answers; and
3. That I fully understand that any false attestation shall subject me to
disciplinary action, including disbarment.
 IN WITNESS WHEREOF, I have hereunto affixed my signature this 9th
day of March in Cebu City, Philippines.

Atyy..

SUBSCRIBED AND SWORN to before me this 9th day of March 2018 at

Cebu City, Philippines.

ATTY. AL ZHAYEEB HAMIN