JA - George Bacal

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Republic of the Philippines

REGIONAL TRIAL COURT


11th Judicial Region
Branch ______
Davao City
People of the Philippines,
FOR: MURDER
- versus Pedro Cargo
Accused.
X-----------------------------X
JUDICIAL AFFIDAVIT
I, GEORGE BACAL, Filipino, of legal age, married and with address at # 9
R. Castillo Street, Davao City, City Philippines, after having been duly sworn in
accordance with law, do hereby depose and say that:
1. I was examined by Atty. Christian Bryan S. Arias, who is holding office at
ARIAS, GENOLOS, QUIBOD, YANTO Law Offices, Door 1, 4th Floor,
Abreeza Corporate Center, Bajada, Davao City, in the said office;
2. I answered the questions the examining lawyer asked fully conscious and I
do so under oath knowing fully that I may face criminal liability for false
testimony or perjury. The questions he asked and my corresponding answers
are the following:
1. Q: What is your relationship with the respondent?
A: He is my neighbor. He owns the vulcanizing shop next to my
hardware.
2. Q: Can you tell this Honorable Court when and where did you first meet
the respondent?
A: We first met sometime on 2012 when he first inquired regarding the
sale of the lot he is occupying now, just next to mine.
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Judicial Affidavit George Bacal

3. Q: How about the victim, do you know him?


A: I did not know the victim until he approached me on March 2, 2014 at
around four oclock in the afternoon (4:00 p.m.).
4. Q: When he approached you what did he tell you?
A: He asked me who is occupying the property where the vulcanizing
shop of the accused is situated now.
5. Q: What happened on the day March 2, 2014?
A: The victim approached me around 4:00 p.m. and asked me who is
occupying the property next to mine.
6. Q: Is that property, the property where the vulcanizing shop of the
accused is situated?
A: Yes sir.
7. Q: So what happened after that?
A: I told him Pedro Cargos name.
8. Q: What happened next?
A: The victim left and went to the vulcanizing shop of the accused.
9. Q: After that what happened?
A: The victim was apparently angry. There was an argument ensued
between Pedro Cargos wife and the victim.
10.Q: What happened during the argument?
A: The victim was cursing and calling the accused and his wife, thieves.
11.Q: What else?
A: Pedro Cargos wife warned the victim that if they would not leave, she
will call the police.
12.Q: What else?
A: Since the victim appeared to have no intention of leaving, the workers
at the vulcanizing shop slowly pushed the victim away and told him
never to come back.
13.Q: What else did you find out?
A: The victim angrily left the premises and continually cursing and
calling Pedro Cargo and his wife, thieves.
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Judicial Affidavit George Bacal

14.Q: When the victim left, what happened next?


A: After several minutes, Pedro Cargo arrived.
15.Q: And then what happened?
A: I approached the accused and told him what took place before his
arrival.
16.Q: What else?
A: I told him that the victim was asking about the property and the name
of its occupant.
17.Q: What was the reaction of the accused?
A: He asked me what I told the victim.
18.Q: What did you say?
A: I answered that I simply gave his name, Pedro Cargo, and nothing
more.
19.Q: What else?
A: I told him to be careful, since I was thinking that the victim was armed
with a gun at that time and that he might come back anytime.
20.Q: How can you tell that the victim was armed with a gun?
A: When he approached me, I was wondering who he is and observed
him. I am a business man, so I was cautious.
21.Q: So?
A: I noticed a bulge in his waist as if a gun was tucked in there.
22.Q: What else did you tell Pedro Cargo?
A: I told him that I overheard the victim telling his companion, a woman,
that he will get the property back no matter what it takes, and that the
victim uttered the words, Bantay lang na sila.
23.Q: What else?
A: I also told the accused that the victim was seriously angry and furious.
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Judicial Affidavit George Bacal

24.Q: And then what happened?


A: The accused silently left and went to his vulcanizing shop.
25.Q: Is that it?
A: Yes, that is what happened on the 2nd day of March 2014.
26.Q: Is there anything else that happened after that?
A: Yes. On the next day or on March 3, 2014, around nine (9) in the
evening, there was a loud noise around the neighborhood. It was like a
metal banging against metal. It was non-stop. It was already annoying.
27.Q: What did you do?
A: I tried to ignore it. After a few minutes, it stopped.
28. Q: What else did you do?
A: I tried to go back to sleep. But before I fell asleep, I heard a
commotion that lasted for some few minutes. I was suspecting that the
victim was back again.
29. Q: What did you do next?
A: I stayed on my bed. I did not bother to find out what was happening
outside since I would not want to get involved in the altercation. I was
afraid that there might been gun shooting.
30.Q: Do you have a Closed Circuit Television (CCTV) camera installed in
your establishment?
A: Yes sir, I do.
31.Q: Where is it placed or installed?
A: There is a CCTV camera in front of my store covering the sidewalk
and a portion of the shop of the accused. There is also a CCTV camera
inside my store, placed overhead the cashier.
32.Q: Did the camera outside your store capture what happened next door, at
the vulcanizing shop?
A: No sir, it did not. However, everything on that day and the day before
was recorded.
33.Q: What exactly was recorded?
A: The arrival of the victim in his car and when he got out of the car.
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Judicial Affidavit George Bacal

34. Q: What else?


A: That the woman who was accompanying the victim went out of the
car appearing to be in panic. NOTE: NOT SURE
35.Q: When was that?
A: On March 2, 2014 in the afternoon and March 3, 2014 in the evening,
when the incident took place.
3. I also attest that the attachments in this Judicial Affidavit are faithful
reproductions of their corresponding original copies.

IN WITNESS WHEREOF, I hereby affix my signature this 21st day of July


2014 at Davao City, Philippines.

George Bacal
Affiant-Witness

SUBSCRIBED AND SWORN TO before me this 21st day of July 2014, at


Davao City, Philippines. The affiant-witness presented to me his Community Tax
Certificate numbered 123456789 as his competent evidence of his identity.
Witness my hand and seal.
Doc No. ______;
Page No. ______;
Book No.______;
Series of 2014.

ATTY. CHRISTIAN BRYAN S. ARIAS


PTR No. 31888568
IBP No. 935086
Roll No. 72872
MCLE Compliance Cert No. II
-1085688
ATTESTATION

I, CHRISTIAN BRYAN S. ARIAS of ARIAS, GENOLOS, QUIBOD, YANTO


Law Offices with office address at Door 1, 4th Floor, Abreeza Corporate Center,
Bajada, Davao City, under oath hereby states that:
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Judicial Affidavit George Bacal

1. I conducted and supervised the examination of George Bacal as witness of


the above-entitled case;
2. I faithfully caused to be recorded the questions I asked and the
corresponding answer that the said witness gave and;
3. Neither I nor any other person then present or assisting me coached he
witness regarding her answers.
IN WITNESS WHEREOF, I hereby affix my signature this 21st day of July
2014 at Davao City, Philippines.

CHRISTIAN BRYAN S. ARIAS


LAWYER

SUBSCRIBED AND SWORN TO before me this July 21, 2014 at Davao


City, Philippines. Atty. Christian Bryan S. Arias presented to me his valid passport
with Passport No. EB1931276 issued on November 26, 2011 at the Regional
Consular Office Davao City bearing his photograph and signature as competent
evidence of his identity.
Witness my hand and seal.

Doc No. ______;


Page No. ______;
Book No.______;
Series of 2013.

Atty. Jennifer Kristine Yanto


PTR No. 77481; 1/4/13; Davao City
IBP No. 83205; 1/4/13; Davao City
Roll No. 55522
MCLE Compliance No. II-12/15/2013

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Judicial Affidavit George Bacal

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