REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

11th Judicial Region
Branch __
Davao City

THE PEOPLE OF THE PHILIPPINES CRIM CASE No. 12-83049-2018

- versus-
FOR: FRUSTRATED MURDER
ROBERT S. AMOKAN
Accused.
x- - - - - - - - - - - - - - - - - - - - -x

JUDICIAL AFFIDAVIT OF
GRACE M. SALVACION

I, GRACE M. SALVACION, of legal age, Filipino, single and

a resident of Davao City, Philippines, respectfully submit this
affidavit in a question and answer format, and hereby depose
and state under oath:

PURPOSE

This Judicial Affidavit will serve as the direct testimony and is

being offered to prove the following:

(a) The true and actual events that transpired in the

evening of September 17, 2017 as to the alleged
violation of Article 248 in relation to Article 50 of the
Revised Penal Code by ROBERT S. AMOKAN
(hereinafter Mr. ROBERT for brevity);
(b) That I was one of the five (5) of five employees of
JUANCHO DIEGO BARBERSHOP who was present during
the incident
(c) That VICTIM LENARD P. DAYA (Mr. LENARD for brevity)
disembarked from his car and was about to enter
JUANCHO DIEGO BARBERSHOP and was subsequently
accosted by a man wearing a bonnet;
 (d) That the said man fired at us while we were inside the
barbershop;
(e) That after VICTIM LENARD A. DAYA was hit by a gunshot
wound, motorcycle riders arrived and took the said
man away; and
(f) Other matters related in the instant case.

PRELIMINARY STATEMENT

I am executing this Judicial Affidavit under the following

circumstances:

1. The taking of this Judicial Affidavit was conducted and

supervised by Atty. JENNIFER MARIE E. Lim at Door 1
Second Floor, SKYTOWERS Building, F. Torres St., Davao
City, where the examination was held with questions and
answers as herein below set forth;

2. The QUESTIONS were propounded by examining counsel

in English, which I fully understand, while the ANSWERS
were given/made in a mix of Cebuano and English;

3. I have answered the questions asked by the examining

counsel fully conscious and under oath with knowledge
that I may face criminal liability for false testimony or
perjury;

4. I have personal knowledge of the matters that are herein

given in answer to the questions asked of me by the
examining counsel and that the examination was
conducted as follows:

QUESTIONS (“Q”) and ANSWERS (“A”)

1. Q. Please state your name, age, civil status and address.

A. I am GRACE M. SALVACION, of legal age, single and
from Davao City.

(Ako si Grace M. Salvacion, hamtong na, dalaga og

taga Davao City.)

2. Q. What is your present occupation?

A. I am a cashier at JUANCHO DIEGO BARBERSHOP.
 (Usa ko ka cashier sa Juancho Diego barbershop)

3. Q. How are you related to ROBERT S. AMOKAN?

A. He is a frequent customer of our shop.

(suki namo na siya sa among barbershop.)

4. Q. Do you remember the incident that happened on the

evening of September 17, 2017?
A. Yes, I remember what happened on that date.

(Oo, kahinumdum ko sa nahitabo atong adlawa.)

5. Q. Can you narrate what happened on that date?

A. Yes, I can. At about 6:00 P.M., We saw Mr. LENARD A.
DAYA, who is also our frequent customer, entering our
shop.

(Oo, pwede. Mga alas sais sa gabii, nakita namo ang isa
pud namo na suki na si Mr. Lenard Daya nga nagsulod
sa barbershop.)

6. Q. What do you mean “we”? Who were with you at that

time?
A. I was with Elvis, Oliver, JD and Michael at the shop.

(Kauban nako si Elvis, Oliver, JD ug Michael sa shop.)

7. Q. Who is this Mr. Lenard A. Daya?

A. He is also a customer of our shop. From what I know, he is
Mr. Robert’s cousin. Mr. Robert brought him to the shop
a few months ago. Both of them are our frequent
customers since then.

(Customer pud namo na siya sa among shop. Ig- agaw

siya no Sir Robert. Gidala na siya ni Sir Robert s among
shop katong niaging mga bulan. Suki namo na silang
duha kaniadto pa. )

8. Q. Do you remember the specific date when Mr. Lenard A.

Daya was brought by Mr. Robert S. Amokan to the shop?
How did you know that they are cousins?
A. I cannot remember the specific date, but it was
around the end of January of 2017. Mr. Robert
 introduced his cousin Mr. Lenard to us and told us that he
will be having the same hair cut as his.

(Di na kaayo nako mahinumduman ang saktong petsa

pero sa akong bana- bana mga katapusan to sa Enero
2017. Gipaila-ila ni Sir Robert si Sir Lenard sa amoa ug
ingon siya na magpagupit pud daw siya sama sa iyang
gupit.)

9. Q. What do you observe of their relationship towards each

other?
A. I can tell that they are really close. Whenever they visit
the shop, they talk about business plans, stories about
their kids, and vacation goals.

(Masulti jud nako na suod sila. Kung mag anha sila sa

shop kay maghisgot na sila ug negosyo, magstorya na
sila sa ilahang mga anak ug ilahang mga laag puhon.)

10. Q. You mentioned that you saw Mr. Lenard entering the
shop the same day the shooting incident happened?
Was he with Mr. Robert?
A. No.

(Dili.)

11. Q. Was he alone?

A. Yes. He was alone. They do not always go together
when they visit the shop. During that day, Mr. Lenard
was alone. I can clearly remember that he was entering
the shop when the shooting incident occurred.

(Oo. Siya ra usa. Dili na sila pirmi magkuyog kung mag-

adto sa shop. Atong adlawa si Sir Lenard ra jud usa.
Mahinumduman nako na pasulod na siya sa shop
pagpusil sa iyaha.)

12. Q. Can you tell me what happened?

A. Yes. I was watching Wowowillie when I saw Mr. Lenard
opening the door of our shop. He was about to enter
the shop then, I suddenly saw a man wearing a bonnet
disembarking a parked car. The man shot Mr. Lenard a
couple of times. All of us panicked and after a few
seconds, I saw Mr. Lenard on the floor. I immediately
called 911for help.
 (Oo. Nagatan-aw ko ug Wowowilie ug nakita nako si Sir
Lenard nga miabri ug misulod sa pirtahan sa shop.
Tapos nakita nako ang usa ka lalaki nagsul-ob ug
bonnet nga minaog gikan sa nakapark na sakyanan.
Gipusil atong nakabonnet na lalaki si Sir Lenard
makadaghan nga beses. Kaming tana nagpanik ug
nakita nako si Sir Lenard sa salog. Nagtawag dayon ko
sa 911. )

13. Q. How many gunshots did you hear?

A. Three gunshots.

(Tulo ka buto.)

14. Q. Can you estimate the distance of parked vehicle where

the man was from Mr. Lenard?
A. Yes. More or less ten (10) meters.

[Oo. Mga napulo (10) ka dupa/metros.]

15. Q. What happened next?

A. I saw a motorcycle speeding towards the man and took
him away.

(Nakit-an nako ang usa ka motor padulong niya ug siya

misakay didto.)

16. Q. What else did you see? Did you see the motorcycle’s
license plate?
A. No. I was in too much panic that I felt everything
happened so fast. I saw blood and broken glass on the
floor. My co-worker Elvis immediately ran to help Mr.
Lenard as he was lying on the floor. I also called for 911
and help arrived in less than 10 minutes.

(Wala nako nakita kay nataranta nako ug paspas kayo

ang panghitabo. Nakakita ko ug dugo ug mga buak na
samin sa salog. Akong kauban sa trabaho na si Elvis
midagan para tabangan si Sir Lenard samtang
nakahigda sa salog. Nagtawag dayon ko ug 911 ug
niabot sila wala ray diyes minutos. )

17. Q. What else happened when Mr. Lenard was shot? Did you
identify who this masked man was?
A. As soon as Mr. Lenard entered the door, the masked man
pointed his gun towards him. He shot him three times but
Mr. Lenard was able to move fast. I was not able to identify
who the man was as he was wearing a bonnet. I only saw
his eyes.

( Sa pagsulod pa lang ni Sir Lenard sa pirtahan gitiunan

dayon siya ug gibaril sa nakamaskara na lalaki. Gibaril
siyag katulo pero nakalihok ug paspas si Sir Lenard. Dili
mailhan ang nawong sa lalaki kay nakabonnet siya.
Mata ra ang Makita.)

18. Q. Who else witnessed the incident?

A. The other two customers, Mr. Ong and Mr. Lastimosa.

(Ang uban pud namo na customer nga sila Mr. Ong ug

Mr. Lastimosa )

19. Q. How did you react?

A. Of course, I panicked. I think we all panicked. All I know
is that we all wanted to get out of there right away.

(Siyempre nataranta ko. Tana man siguro mi. Gusto lang

jud nako atong panahona kay muhawa na didto)

20. Q. Can you give us a description about this man who shot
Mr. Lenard?

A. Yes. He was about 5 feet 8 inches tall. He was wearing a

black bonnet which covered his whole face and
exposed only his eyes. He was wearing faded jeans and
a dark blue jacket. His built was average.

(Oo. Mga 5’8’’ iyang katas-on. Nakasul-ob siya ug

bonnet mata ra niya ang makita kay natabunan tibuok
niyang nawong. Nakapantalon siya ug naka dark blue
jacket. Tama tama ra pud iyang kadak-on.)

21. Q. Only his eyes were exposed?

A. Yes. His eyes big and round. Also, a bit reddish.

(Oo. Ang mata niya kay dako ug bilog ug medyo pula.)

22. Q. What happened after that?

 A. He immediately left the scene riding the said
motorcycle. The man driving the motorcycle called his
attention. He said “Pre. Dali na.”

(Nihawa dayon siya ug nisakay sa motor. Gitawag siya

atong lalaki na nagadrayb ug motor ug giingnan “ Pre.
Dali na.”)

23. Q. They left then?

A. Yes.

(Oo.)

24. Q. When all of this was happening, did you see Mr. Robert
there?
A. No. He was not there.

(Wala. Wala si Sir Robert didto.)

25. Q. After that, what happened?

A. The people from 911 immediately responded and took
Mr. Lenard to SPMC.

(Paspas nagresponde ang 911 ug gidala dayon si Sir

Lenard sa SPMC.)

26. Q. What happened to parked car where the man wearing

the bonnet disembarked?
A. It was left there. No one was inside the car. The police
men eventually towed the car.

(Gibilin ra didto. Wala may tao sa sakyanan. Giguyod

na lang sa police ang sakyanan.)

27. Q. Knowing Mr. Robert, do you think that he was either the
man wearing the bonnet or driving the motorcycle?
A. No. Mr. Robert cannot be the man wearing the bonnet
as he has chinky eyes compared to that man who had
bigger and round eyes. He also cannot be the man
driving the motorcycle as I heard that man’s voice. It
was clearly not Mr. Robert’s. Mr. Robert has a raspy
voice, while that man was somewhat high-pitched.

(Dili. Dili mahimo na si Sir Robert ang lalaki na

nakabonnet kay gamay man siyag mata kumpara sa
 katong lalaki na dako ug bilog ang mata. Dili pud
mahimo na siya ang lalaki na nagdrayb ug motor kay
lahi ang tingog ni Sir Robert sa iyaha.)

28. Q. Since the place was crowded, what were people’s

reactions?
A. The people in the vicinity panicked and ran.

(Ang mga tao na duol sa shop kay nataranta ug

nanagan..)

29. Q. So, how did you take everything that had happened to
you?
A. At present, I am still traumatized by the experience. I hardly
sleep at night and have nightmares about it. I was shocked
upon learning that Mr. Robert was imprisoned for what
happened to Mr. Lenard.

(Sa karon, natrauma gihapon ko sa nahitabo.

Manglisod ko ug tulog sa gabii ug ginabangungot ko
ato. Dili ko katuo na napriso si Sir Robert tungod sa
nahitabo kay Sir Lenard.)

30. Q. Why were you shocked about JD’s imprisonment?

A. Because he was not there when the incident took
place. It is most surprising because we are very close. I
truly believe that Mr. Robert cannot do such thing to his
cousin. Hence, imagine our incredulity that he is now
being framed as the villain of the incident.

(Wala man gud siya didto katong nahitabo ang

pagbaril kay Sir Lenard. Dili jud ko katuo na mahimo ni
Sir Robert to sa iyang ig-agaw. Suod baya sila ato. Dili
jud mi katuo na siya ang gipasanginlan sa nahitabo.)

31. Q. Is there anything else that you want to say?

A. Yes. I only wish to express how I feel about Mr.
Robert’s case Ma’am. He should not be facing this
ordeal. Mr. Robert and his family, whom I know to be
good people, have suffered more than we do due
to the incident. It is not fair to be falsely accused
that he was the perpetrator considering it is a big lie.
Prior to that, he and Mr. Lenard were planning to
have a family vacation to Bohol for Christmas. I am
 not close to any of them but I know that they are
both good people. This is the reason why I wanted
to testify and beg the Court to dismiss the case. If
there is a lie detector test, I am willing to take it.

(Oo. Gusto lang nako ipagawas akong gibati aning

kasuha ni Sir Robert Ma’am. Di man niya
kinahanglan agian ang ing-ani ka-grabe na
pagsulay. Si Sir Robert ug iyahang pamilya, nailhan
ko ni sila na mga maayong tao, nag-antos gyud
kesa sa amoa tungod lang ani nga panghitabo. Dili
lalim nga maakusahan ka sa usa ka panghitabo na
dili tinuod. Nagaplano pa gani to sila na
magbakasyon kauban ilahang pamilya sa Bohol sa
pasko. Dili ko suod sa ilaha pero kabalo ko na
maayo sila na tao. Mao ni ang hinungdan ngano
gusto ko mu-testify og mupakiluoy sa Court na
idismiss ni nga kaso. Kung naa may lie detector test,
willing gyud ko muagi ana.)

32. Q. Are you willing to sign these presents to attest to the

truth of the foregoing facts?
A. Yes, Ma’am.

(Oo ma’am.)

IN WITNESS WHEREOF, I have hereunto affixed my signature

this _____________ in Davao City, Philippines.

[GRACE M. SALVACION]

SUBSCRIBED AND SWORN to before me this __________ at

Davao City, Philippines. Affiant, personally appeared before me this
day and, being duly sworn, acknowledged the due execution of the
foregoing instrument.

Doc. No.: ___;

Page No.: ___;
Book No.: ___;
Series of 2018.
 ATTESTATION

I, ATTY. JENNIFER MARIE E. LIM, of legal age, Filipino, with

office address at Door 1 2nd Floor, SKYTOWERS Building, F. Torres
Sts., Davao City, after being duly sworn, hereby depose and
say:

1. I was the one who conducted the examination of witness

GRACE M. SALVACION at my office with an address
mentioned in the preceding paragraph;

2. I have faithfully recorded or caused to be recorded the

questions asked and the corresponding answers that the
witness gave; and

3. Neither I nor any other person then present or assisting him

coached the witness regarding the latter's answers.

IN WITNESS WHEREOF, I have hereunto set my hand this at

Davao City, Philippines.

___________________________
ATTY. ANDREW P. ANG
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, this _________ notary

public in and for the City of Davao. Affiant personally came and
appeared with her Integrated Bar of the Philippines Identification
Card No. ----- bearing his photograph and signature issued by the
Supreme Court of the Philippines, known to me as the same person
who personally signed the foregoing instrument before me and
avowed under penalty of law to the whole truth of the contents of
said instrument.

Doc No. _____;

Page No. ____;
Book No. ____;
Series of 2018.