PP vs. Gino Reyes Crim. Case. No. CEB-24538 RTC___, Cebu City.

Witness: Shiela Ompad, Filipino, of legal age, employed, married and with postal address at Barangay Apas, Lahug, Cebu City.

Counsel to Court: Your Honor, the testimony of this witness is presented to establish the following: 1. at present; 2. store. 3. 4. and That she knows them because they are their regular customers ; That she witnessed a heated argument transpired between Gino Victor; That the witness is employed as store helper at Inday Store located Barangay Apas Lahug, Cebu City, from March 20, 2009 until That on September 30, 2011, at 7:00 until 11:00 oclock in the evening, Victor Corpus (Victor), Gino Reyes (Gino) and Joseph Fernandez (Joseph), had their usual drinking spree at the

5. That eventually, she saw Victor draw his knife and heard him saying, Dont you ever speak ill to my wife or else I will kill you!. Thereafter, Gino stood up, pacify and calm down his two drinking buddies; 6. and Her testimony is likewise presented to prove other pertinent facts other relevant matters..

Counsel to Court: May I proceed your honor? Court: Proceed.

Republic of the Philippines) City of Cebu ) S.S.

JUDICIAL AFFIDAVIT OF INDAY GARUTAY

Question 1: In this statement that you are about to give in the captioned case, do you swear to tell the truth, the whole truth, and nothing but the truth? Answer: Q2: A: Q3: A: Q4: A: Q5: A: Q6: A: Q7: A: Q8: A: Q9: A: Q10: A: Yes, I do. State your name and other personal circumstances. I am Shiela Ompad, Filipino, 28 years old, employed, married and with postal address at Barangay Apas, Lahug, Cebu City. Do you know the accused in this case? Yes. Why do you know the him? Because he is our regular customer in Inday store where Im presently working. If he is inside the courtroom today, please point to him. He is the one. Sometime on September 30, 2011, at around 7: 00 oclock in the evening, where were you? I was at the Indays store. Where is the store located? It is located in Brgy. Apas, Lahug, Cebu City. What are you doing at Indays Store? I was attending to our customers. What is the nature of your job at Indays Store? I am the store helper in selling to our customers. What are you selling in Inday Store? Mostly, alcoholic drinks.

Q11: A: Q12: A: Q13: A: Q14: A: Q15: A: Q16: A: Q17: A: Q18: A: Q19: A: Q20: A: Q21: A:

By the way, what was the source of lighting in the evening, If any? Two flourescent lamps Maam. Where are those flourescent lamps located? One flourescent lamp inside the store and the other is located outside the store just above the table. What was that table for? For our customers who wanted to use it for drinking alcoholic drinks. Who are your customers at that time using the table, if you know? They are Gino Reyes, Joseph Fernandez and Victor Corpus. Why do you know them? They are our regular customers. While you were in Inday Store, what had happened thereafter, if any? There was a heated argument between Victor and Gino. What happened next, if any? I saw Victor drawing a knife against Gino.

You said that you saw Victor drawing a knife against Gino, what happened next, If any? I heard Victor saying, Dont you ever speak ill to my wife or else ill kill you. What happened thereafter, if any? Joseph stood up the pacify the two. What happened next, if any? They all left the store. About what time did they left the store, if you could remember? At about 11:00 oclock in the evening.

Counsel to Court: That all for the witness your Honor. This witness is now ready for cross-examination.

SUBSCRIBED AND SWORN TO this 11th day of February 2012 at Cebu City, Philippines, affiant showing to me SSS ID with no. 1234345566. Doc No. _________ Page No._________ Book No.________ Series of 2012_____