REPUBLIC OF THE PHILIPPINES

Department of Justice
National Prosecution Service
OFFICE OF THE CITY PROSECUTOR-CEBU
Ground Floor, Palace of Justice
Capitol Compound, Cebu City

JON GILBERT B. MAGNO

Complainant, NPS Docket No.________

-versus- FOR: HOMICIDE

WILFREDO LAPUK
Respondent.
x-------------------------------------------------x

JUDICIAL COUNTER - AFFIDAVIT

COMPLAINANT, by and through the undersigned counsel, unto this

Honorable office, most respectfully submits this Judicial Complaint Affidavit
and states, that –

PERSONAL CIRCUMSTANCES OF THE COMPLAINANT:

I, WILFREDO LAPUK, Filipino, of legal age, single and a resident of St. Jude
Acres, Cebu City, Philippines.
Witness is a Salesman.

PRELIMINARY STATEMENT

The person examining me is Atty. Analyn Grace Basay with address at 88

Coldones Arcade, A.S. Fortuna St,. Banilad, Mandaue City, Philippines. The
examination is being held at the same address.

I am answering her questions fully conscious that I do so under oath and

may face criminal liability for false testimony and perjury.

PURPOSE:

This Affidavit is of the accused, Wilfredo Lapuk is being offered to prove the
existence of doubt on the charged of homicide against the accused and
deny all allegations against him.

It is respectfully prayed that this Judicial Counter Affidavit of Mr. Wilfredo

Lapuk be admitted as the Direct Examination of the witness in order to
expedite the proceedings. Said witness was not coached, taught, forced, or
led in any way in answering this Judicial Affidavit.

DIRECT EXAMINATION

1. Q. Mr. Witness, please state your name and other personal

circumstances for the record.
A. I am Wilfredo Lapuk, Filipino, 31 years old, single, and a resident of
St. Jude Acres, Cebu City, Philippines and I am currently working as a
salesman.
2. Q. Are you the same Wilfredo Lapuk who is charge of this case?
A. Yes I am.

3. Q. Where were you last January 29, 2018 at about 5 o’clock in the
afternoon?
A. I was at my office in A.S. Fortuna St., Banilad, Mandaue City.

4. Q. Are you working on that day? Until what time?

A. Yes, I was on duty. My working schedule is 9:00 am to 6:00 pm.

5. Q. What time did you arrive home?

A. It was already 8:00 pm due to traffic congestion in the city.

The copy of the attendance biometrics report is marked as Exhibit “A”.

6. Q. When you arrived home, did you notice something strange?

A. Yes, a Police Car was parked in front of house.

7. Q. Would you happen to recall as why the police car was parked in front
of your house?
A. My mother hurriedly met me at the entrance gate.

8. Q. What happened next, if any?

A. She told me that the police officers were inside the house and waited
for me to arrive home.

9. Q. Did you talk to the police officers? Can you recall your conversation, if
any?
A. Yes. The police officers inquired if I was in the vicinity of the area
around 5 o’clock in the afternoon because a certain Paking Alvarez was
killed. My neighbor Jon Gilbert Magno reported the incident to their
 office and pointed me as the one who caused the death of the
deceased.

10. Q. What were your reactions, if any?

A. I was in great shock since the deceased was not known to me. It was
also impossible to since I was still on duty when the incident occurred.

11. Q. Did you know Mr. Jon Gilbert Magno?

A. Yes, since we were neighbors for quiet a long time already.

12. Q. What did the police officers do next, if any?

A. They asked if I could go to the police station on the following day
to the police station for further investigation.

13. Q. Did you heed to their request?

A. Yes, I told them to be at their office as early as 6 o’clock in the
morning since I have a work on that day.

14. Q. What happen on the following day when you were in the police
station, if any?
A. The police officers read to me the copy of the police blotter regarding
the incident.

15. Q. After the police officers read to you the police blotter, what happened
next? If any?
A. They started to ask again the same questions that were answered
already during the night before.

16. Q. Did you happen to answer their questions again?

A. No, I asked for an assistance for a lawyer.
No Further Questions.

Respectfully submitted.

March 11, 2018, Cebu City, Philippines.

Wilfredo Lapuk
Witness
Passport No. EC-678451
Issued on: January 2, 2018
Issued by: DFA- Mandaue City

CERTIFICATION

I, ATTY. ANALYN GRACE Y. BASAY of legal age, Filipino, with postal

address at 88 COLDONES Arcade, A.S. Fortuna St., Banilad, Mandaue City,
after being duly sworn depose and say:

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

LAPUK at my aforementioned office in 88 COLDONES Arcade, A.S.
Fortuna St., Banilad, Mandaue City;

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

asked and the corresponding answers that the witness gave;

3. Neither I nor any other person coached and/or suggested any answer
to the witness.

Deposing Lawyer:
 Atty. Analyn Grace Y. Basay
Counsel for the Defendant
Twilight Law Firm, 88 COLDONES Arcade,
A.S. Fortuna St., Banilad, Mandaue City
Tel. No. 421 3700
Roll of Attorney No. 89456
IBP No. 13579/1-31-2018/Cebu City
PTR No. 24680/1-8-2018/Cebu City
MCLE No. 426873/1-16-2018/Cebu City

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for

Cebu City this 8th day of March 2018. Affiants Wilfredo Lapuk and Atty.
Analyn Grace Y. Basay are personally known to me to be same persons
who executed the foregoing instrument. I FURTHER CERTIFY that I have
examined the Judicial Affidavit and that I am satisfied that she had fully
understood and voluntarily executed this Judicial Affidavit.

NOTARY PUBLIC

Doc. No._____:
Page No._____;
Book No._____;
Series of 2018.