Republic of the Philippines 11th Judicial Region REGIONAL TRIAL COURT Branch ___ Hall of Justice General Santos City THE PEOPLE OF THE PHILIPPINES Plaintiff, -versus- CRIM. CASE NO. ____ For: Attempted Homicide Mr. X Accused. x -----------------------------------------------x JUDICIAL AFFIDAVIT I, Mr. X, of legal age, Filipino, married, a Barangay Councilor, and a resident of Purok Malinawon, Barangay San Jose, General Santos City, after having been duly sworn to in accordance with law, hereby deposes and states. PRELIMINARY STATEMENT That the taking of my Judicial Affidavit was administered and supervised by ATTY. L. and was done at her Law Office at _____, Purok Pag-asa, Barangay Magsaysay, Polomolok, South Cotabato, and I am fully aware and cognizant of the questions asked of me by Atty. A. and my answers thereto are under oath being aware that I may face criminal liability for false testimony or perjury. I likewise requested that the questions asked of me be in English as well as my answers thereto also in English which I speak and understand for clarity and that the other information and/or requirements of Sec. 3, A.M. 12-8-8-SC as explained to me by the administering lawyer are contained in my Judicial Affidavit. PURPOSE: This affidavit of the accused, Mr. X is being offered to prove the existence of doubt on the charged of attempted homicide against the accused and to prove the justifying circumstance of self-defense. Q1: Please state your name and other personal circumstances for the records. A1: I am Mr. X, 32 years of age, married, and resides at Purok Malinawon, Brgy. San Jose, General Santos City. Q2: Are you the same Mr. X, who is charge of this case? A2: Yes, ma’am. Q3: Where were you last February 14, 2021 at about 9 o’clock in the evening? A3: I was in a restaurant near my house at Brgy. Mabuhay. Q4: What happened there, if any? A4: I was having a drinking spree with my neighbors when Ms. Y arrived there, making a very loud and irritating noise with his motorcycle’s exhaust pipe. Q5: What did you do if any? A5: I confronted him saying “Baka naman pwedeng pahina-hina ng ingay ng tambutso mo.” Q6: What did he say after, if any? A6: He told me “Ano bang pakialam mo? Lugar mo ba to? Pagma-may ari mob a to? Gagawin ko kung ano ang gusto ko!” He then continued making noise with his motor. Q7: What did you do after, if any? A7: I told him that I am a Brgy. Councilor and his act of making loud noise is a disturbance to the neighborhood considering that it was already 9 o’clock in the evening. Q8: What happened next, if any? A8: He just punched me in the face, pulled out a gun from his bag, and fired it up in the air. Q9: What transpired next, if any? A9: Three police officers came and asked what was happening. However, without provocation on my part, Ms. Y. suddenly grabbed a knife and stabbed me in my left arm. So, as an act of selfdefense, I took the gun on the table and fired the same at his direction. SIGNED this 18th day of January 2023 in Polomolok, South Cotabato, Philippines. Mr. A Affiant SSS ID 12345-6 SIGNED AND SWORN before this 17th day of February 2021 at Barangay __, Polomolok, South Cotabato, with Affiant exhibiting his SSS ID with No. 12345-6 as competent proof of identity. Atty. L Notary Public for the Municipalities of Polomolok and Tupi, South Cotabato Commission No. ____ Until ____ Roll of Attorney No. ____ PTR 345; 01/01/2023; Koronadal City IBP 543; 01/01/2023; SocGen Doc No. ________ Page No. _______ Book No. _______ Series of 2023. ATTESTATION I, Atty. L, of legal age, attests under oath that: 1. I am the counsel for the Plaintiff Mr. A; 2. I faithfully recorded the questions I asked and the corresponding answers that the witness Mr. A gave me; and 3. Neither I nor any other person then present or assisting me coached the witness regarding his answer. SIGNED this __January 2023 in Polomolok, South Cotabato Atty. L Affiant IBP ID ___ SIGNED AND SWORN before this 17th day of February 2021 at Polomolok, South Cotabato, with Affiant exhibiting her SSS ID No. 12345-6 as competent proof of identity. Atty. B Notary Public for the Municipalities of Polomolok and Tupi, South Cotabato Commission No. ____ Until ____ Roll of Attorney No. ____ PTR 345; 01/01/2023; Koronadal City IBP 543; 01/01/2023; SocGen Doc No. ________ Page No. _______ Book No. _______ Series of 2023.
