Republic of the Philippines

SUPREME COURT
Eighth (8th) Judicial Region
Regional Trial Court- Branch 44
Bulwagan ng Katarungan
Magsaysay Blvd., Tacloban City

PEOPLE OF THE PHILIPPINES, Crim Case No. R-TAC-17-909-

Plaintiff, CR
For: Violation of Sec. 5, Art. II
of R.A. No. 9165
-versus- Crim. Case No. A-TAC-00-
00674-CA
For: Violation of Sec. 11, Art.
HAGARDO I. VERSOZA, II of R.A. No. 9165
Accused.
x-----------------------------------------x

JUDICIAL AFFIDAVIT OF WITNESS

RUBEN C. PADILLA
PREFATORY STATEMENT

This is the judicial affidavit of witness, Ruben C. Padilla. The

statements were taken and recorded based on the examination made
by Atty. Juliet P. Opiniano, Notary Public for Leyte, including the cities
of Tacloban and Ormoc, at the office of the said lawyer at 555 Justice
Romualdez Street, Tacloban City on January 15, 2018.

The affiant answered under oath in the English language and had
sworn that he understood his statements made here and stands for
their veracity. He was made aware that he made these statements
under oath and fully conscious that he may face criminal liability for
false testimony or perjury.

PURPOSES OF THE AFFIDAVIT

This judicial affidavit is offered in lieu of the witness’ testimony

pursuant to Administrative Matter No. 12-8-8-SC, for the following
purposes:
 1. To establish the fact that on December 2, 2017 Hagardo I. Versoza
was attending the 30th birthday celebration of Ruben C. Padilla
at Marvic Beach Resort, San Jose, Tacloban City;

2. To prove that on December 2, 2017, the reason why Hagardo I.

Versoza was at Marvic Beach Resort was to attend the 30th
birthday celebration of his college batchmate Ruben C. Padilla
and not for the commission of any acts in violation of RA 9165 as
alleged by the complainant;

3. To identify material and relevant documents; and

4. To testify on other relevant matters.

The following questions and answers were asked and recorded:

QUESTION 1: Please state your name, age, civil status, occupation

and present address.
ANSWER 1: I am Ruben C. Padilla, of legal age, married,
government employee, and a resident of V&G
Subdivision, Tacloban City.

Q2: What brought you to this office?

A2: I am going to make my affidavit.

Q3: In which language do you prefer your affidavit to be made?

A3: In English.

Q4: What is the purpose of the affidavit?

A4: To refute the allegations of violation of Secs. 5 and 11 of R.A. No.
9165 against the accused, Hagardo I. Versoza.

Q5: Are you aware that you are only to tell the truth and nothing
but the truth and any false testimony you make will make you
criminally liable?
A5: Yes, ma’am.

Q6: Do you remember where you were last December 2, 2017?

A6: I was at Marvic Beach Resort, San Jose, Tacloban City.

Q7: What were you doing there?

A7: I was having my 30th birthday celebration which was attended
by my family and friends.
Q8: What happened on that day, at around 6:30 p.m.?
A8: Actually, we arrived at the area at around 12:00 noon, at which
time the celebration commenced and which continued
throughout the afternoon and until nightfall. At around 6:30
p.m., my friends and I were talking when we heard someone
calling out with a “psst” which we at first ignored.

Q9: Did anything happen after that?

A9: The first “psst” was followed by another “psst” and Hagardo’s
name was later called out.

Q10: Who called out to Hagardo?

A10: There were two persons in the parking area of the resort. One of
them said that he lived near Hagardo’s house and they needed
to ask him something.

Q11: What did Hagardo do afterwards, if any?

A11: He excused himself, told us he would not take long and
proceeded to go out of the cottage and walk towards the two
persons in the parking area of the resort.

Q12: What happened thereafter?

A12: When Hagardo went near them, one of the two persons
immediately grabbed his arm and it looked like he was pointing
a gun at Hagardo’s midsection. Hagardo tried to set himself free
but the person who called him earlier grabbed his other arm,
thus he was unable to do so.

Q13: After seeing this, did you do anything?

A13: Yes. I, along with some of my male friends who attended my
birthday celebration, went out of the cottage, shouting at the
two assailants to let Hagardo go. We were about to approach
them when other unknown persons with guns arrived at the
scene, some of whom prevented us from getting involved.

Q14: What transpired next?

A14: One of the persons who arrived handcuffed Hagardo’s hands
behind his back while one of the earlier assailants seemed to
place something inside Hagardo’s pockets. Thereafter, they
made him ride a white vehicle, which immediately sped off
afterwards
Q15: I no longer have any questions. Do you still have anything else
to say?
A15: None at the moment, ma’am.

Q16: Do you swear to have told nothing but the truth and stand for
the veracity of your answers to the questions asked to you?
A16: Yes, ma’am.

x----------END OF INQUIRY----------x
Republic of the Philippines )
Tacloban City ) S.S.

AFFIANT’S OATH AND ATTESTATION

I, RUBEN C. PADILLA, Filipino, of legal capacity, married, and a
resident of V&G Subdivision, Tacloban City, and with competence to
comprehend without any vice of consent, hereby attest to have
voluntarily and truthfully made the answers to the foregoing
questions.

IN WITNESS WHEREOF, I have hereunto affixed my signature this

15th day of January 2018, in Tacloban City, Philippines.

RUBEN C. PADILLA
Affiant

SUBSCRIBED AND SWORN to before me, this 15th day of January

2018, in Tacloban City, Philippines, affiant exhibiting the above
document before me, and having sworn that he understood the
contents and the allegations contained therein and that the same is his
free and voluntary act and deed.

Witness my hand and seal.

ATTY. FIL KRISTIAN B. PLIMACO

Doc. No. 17; Commission No. 12346, until December 31, 2018
Page No. 03; Roll No. 51232/May 10, 2006
PTR No. 9835513/1-03-17 Palo, Leyte
Book No. 01; IBP O.R. NO. 1030223/01-03-17, Leyte Chapter
Series of 2018 MCLE Compliance No. V-0004455, 11-12-2014
EXAMINING LAWYER’S SWORN ATTESTATION
I, Atty. JULIET P. OPINIANO, Filipino, of legal age, single, a
member in good standing of the Integrated Bar of the Philippines,
Leyte Chapter and with office address at 555 Justice Romualdez Street,
Tacloban City, hereby depose under oath that:

1. I have faithfully recorded or caused to be recorded in my

laptop computer the questions I have asked to the above
witness and the corresponding answer that the witness gave;
and

2. I have not nor any person present assisted or coached the

witness regarding the latter’s answers.

IN WITNESS WHEREOF, I have hereunto affixed my signature

this 15th day of January 2018, in the City of Tacloban, Philippines.

ATTY. JULIET P. OPINIANO

Affiant

SUBSCRIBED AND SWORN to before me this day, 15th day of

January 2018, in the City of Tacloban, Philippines, affiant being
personally known to me.

ATTY. FIL KRISTIAN B. PLIMACO

Doc. No. 18; Commission No. 12346, until December 31, 2018
Page No. 03; Roll No. 51232/May 10, 2006
PTR No. 9835513/1-03-17 Palo, Leyte
Book No. 01; IBP O.R. NO. 1030223/01-03-17, Leyte Chapter
Series of 2018 MCLE Compliance No. V-0004455, 11-12-2014