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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT


7th Judicial Region
Branch 19, Cebu City

IN THE MATTER OF THE


PETITION FOR THE WRIT OF
AMPARO IN FAVOR OF JUAN
DE LA CRUZ

JUAN DE LA CRUZ,
Petitioner,

SP. PROC NO. 233-22


-versus- For: WRIT OF AMPARO with
Urgent Prayer for issuance of
Temporary Protection Order,
Inspection Order, and Production
Order
PRESIDENT RODRIGO R.
DUTERTE, P/DIR. GEN.
OSCAR ALBAYALDE, PCSUPT.
DEBOLD M. SINAS, PSSUPT.
CLARITO C. BAJA, PSSUPT.
ROYINA M. GARMA, certain
persons known as KEEU, EARL,
and DAN.
Respondents.
x----------------------------------------x

JUDICIAL AFFIDAVIT OF FLORENCE MONTECILLO


(Rule on Judicial Affidavit, A.M. 12-8-8-12)

I. PRELIMINARY INFORMATION
Name: Florence K. Montecillo
Age: 20
Address: Brgy. Ponce, Capitol Site, Cebu City 6000
Occupation: Student of University of the Philippines Cebu
Language: English
II. LAWYER WHO CONDUCTED EXAMINATION
Name: Atty. Shanya Mair Laureen D. Pajao
Address: DEBALUCOS, PAJAO AND TABADA LAW FIRM
16/F Ayala Life – FGU Center Cebu Tower
Mindanao Avenue, Cebu City, Cebu
Place of Examination: DEBALUCOS, PAJAO AND TABADA LAW FIRM
16/F Ayala Life – FGU Center Cebu Tower
Mindanao Avenue, Cebu City, Cebu
III. OFFER
The testimony of witness Florence K. Montecillo is offered to prove:
1. The identity of the respondent who abducted the plaintiff
2. The identity of the plaintiff
3. The manner of the plaintiff’s abduction

IV. JUDICIAL AFFIDAVIT PROPER


Q – Please state your name and personal circumstances
A – I am Florence K. Momtecillo, of legal age, residing at Brgy. Ponce, Capitol
Site, Cebu City, and a student of University of the Philippines Cebu

Q – Why are you here now?


A – To give a sworn statement by way of judicial affidavit, the same to
constitute as a direct testimony of the above-mentioned case

Q – For the record please state the name of the lawyer conducting or
supervising this examination and the place where such is conducted
A – The lawyer is Atty. Shanya Mair Laureen D. Pajao from the DEBALUCOS,
PAJAO and TABADA LAW FIRM located at 16/F Ayala Life – FGU Center Cebu
Tower, Mindanao Avenue, Cebu City

Q – In what language do you want your examination to be conducted?


A – I prefer the English Language.

Q – Do you undertake to answer the questions to be asked fro you, fully


conscious that such is done under oath, and that you may face criminal liability
for false testimony or perjury?
A – Yes, po.

Q – Let us now proceed to the petition. Do you know the plaintiff Juan de la
Cruz?
A – Yes, he was my classmate in University of the Philippines Cebu. He was also
a student leader and officer in our student organization.

Q – Do you know the respondent in this case, “DAN”?


A – Yes, he is my neighbor.

Q – Where does the respondent live?


A – He lives in a blue house 20 meters away from our house in Brgy. Ponce,
Capitol Site, Cebu City.

Q – How did you know him?


A – I seldom see him play basketball with my boyfriend in a plaza 10 meters
from our house.

Q – Where were on the afternoon of September 29, 2018?


A – I was attending a rally in commemoration of the declaration of Martial
Law.

Q – Who organized this rally?


A – The student leaders of the school organization, including Mr. Juan de la
Cruz.

Q – What happened after?


A – Towards the end of the rally, several men approached Juan, who was
standing a few feet from the backstage.

Q – What did they do to him?


A – The two men, dragged him to a car which had a sticker “PNP-PROVII”

Q – Who else was in the car?


A – The respondent, Dan, who happens to be my neighbor.

Q – Where did you see him?


A – In the driver’s seat, holding the steering wheel.

Q – How did you see him?


A – When the men who abducted Juan opened the van, I saw him.

Q – How did you know it was him?


A – I saw the mole on his ear and cheek.

Q – After the abduction, what happened?


A – Juan did not anymore report to school. His mother also told us that he has
not returned home.

Q – And what did you do after?


A – We told her mother about it.

Q – And what else did you say?


A – I told her about the sticker, the vehicle and the identity of the driver.

Q – What did she do afterwards?


A – She told us that she will try to inquire at the police office about the
whereabouts of her son
Q – Anything else?
A – None, sir.

FLORENCE K. MONTECILLO
Affiant/Co-Plaintiff

SUBSCRIBED and sworn to before me in xxx City on xxx ____, 2015,


affiant showing his/her competent proof of identity, to wit: SSS Member ID
No. 1288055667.

Notary Public
Doc. No. __
Page No. __
Book No. __
Series of 2018.

V. SWORN ATTESTATION OF THE LAWYER WHO CONDUCTED OR


SUPERVISED THE EXAMINATION OF THE WITNESS.

The undersigned ATTY. SHANYA MAIR LAUREEN D. PAJAO, of legal age,


married, and with law office address: Debalucos, Pajao and Tabada Law Firm,
16/F Ayala Life – FGU Center Cebu Tower, Mindanao Avenue, Cebu City, under
oath, deposes and states:
1. She is the Legal Counsel for the plaintiffs in the above-entitled case;
2. She faithfully recorded or caused to be recorded the
questions she asked and the corresponding answers that the above-named
witness gave;
3. Neither she nor any other person then present or assisting her coached
the witness regarding the latter's answers; and
4. She conducted the examination of the witness at her law office located at
Debalucos, Pajao and Tabada Law Firm, 16/F Ayala Life – FGU Center Cebu
Tower, Mindanao Avenue, Cebu City.

Cebu City, Cebu 2018.

Atty. Shanya Mair Laureen D. Pajao


Affiant

SUBSCRIBED and sworn to before me in Cebu City on __th day of


October, 2018, affiant showing his/her competent proof of identity, to wit: SSS
Member ID No. 124455667.

Notary Public

Doc. No. ___


Page No. ___
Book No. ___

Series of 2018.

A copy of this Judicial Affidavit is served on the Court and the Counsel for
the respondents registered mail due to the great distances of their respective
addresses, due to the urgency of filing the same, and due to the lack of field
personnel of the undersigned counsel at this time.