Republic of the Philippines

MUNICIPAL TRIAL COURT

6th Judicial Region
Branch 2
Roxas City, Capiz

GERALD DESAYA ANDER,

Plaintiff,
CRIMINALCASE NO.
359
-versus-

For:
MALISCIOUS MISCHIEF
JOSHUA DES GRACIA
MALAS,

Complainant,
x- - - - - - - - - - - - - - - -- - - - - - - - - - - - -x

JUDICIAL-AFFIDAVIT

I, JOSHUA DES GRACIA y MALAS, Filipino, of legal age,

married, a businessman, and a resident of Barangay Tiza,
Roxas City, state under oath as follows:

This judicial complaint affidavit is taken before ATTY.

MICHAEL ALPARAQUE, who conducted and investigated me at
ALPARAQUE LAW OFFICE, Burgos Ilaya, Roxas City, Capiz,
Philippines, on February 13, 2020, before whom I have
truthfully answer the following question based on my personal
knowledge and or authentic documents as otherwise I shall be
liable for perjury or false testimony;
1. Q: Why are you executing this Judicial Affidavit?
A: I am here to state what happened on the day of
August 15,2019.
2. Q: What happened on that day?
A: That on or about 8:00 PM August 15,2019 I went out
with my friend James Reed to celebrate his promotion
at Finds Restaurant, Arnaldo Boulevard Roxas City,
Capiz.
3. Q: What were the two of you doing in that place?
A: James and I were eating and drinking.
4. Q: When the two of you were celebrating did an incident
occur?
A: Yes sir, James and I had a misunderstanding when
he said something towards my mother, I confronted him
and told him to step outside and we talk at the parking
lot.
5. Q: What happened after then?
A: I punched me in the face, and he also punched me.
6. Q: What happened next?
A: James and to brake his fall he pushed the motorcycle
inadvertently. The motorcycle fell on the ground
7. Q: Did James purposely or intended to hit the
motorcycle?
A: No sir, during the scuffle he was off balanced and he
did not intend to lean on any motor vehicle. Since he
was off in his balance he leaned on to the motorcycle
8. Q: Were you aware as to who the owner of the
motorcycle was?
A: No sir, I did not know who was the owner of the
motorcycle
9. Q: After the motorcycle was on the ground what
happened
A: The Security guard and an employee tried to stop us,
but both me and James ran and went to our respective
homes.
10. Q: do you have anything to add?
A: No sir, that is all.

JOSHUA DES GRACIA y MALAS

Affiant
 JURAT

SUBSCIRED AND SWORN TO BEFORE ME on this

_____ day of _______________, 2014 in the City of Roxas,
Province of Capiz, Republic of the Philippines, affiant exhibiting
to me his License ID with number FO4-13-001921 issued on
April 2019.

Doc. No.:
Page No.:
Book No.:
Series of 2014.

ATTESTATION

I, MICHAEL ALPARAQUE, Filipino, of legal age, married

and a lawyer by profession with office address at Barangay
Tanque, Roxas City, under oath declare the following:

I personally took the foregoing judicial affidavit of Joshua

Des Gracia Malas on said date and said place;

I faithfully recorded the questions I asked of him as well

as the corresponding answers he gave;

No person then and there present ever coached Joshua

Des Gracia Malas regarding his answer.

MICHAEL ALPARAQUE
Affiant
 SUBSCRIBED AND SWORN TO BEFORE ME on this _____
day of __________ in the City of Roxas, Province of Capiz,
Republic of the Philippines, affiant exhibiting to me his IBP ID
with roll number 33982.

Doc. No.:
Page No.:
Book No.:
Series of 20XX.