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Republic of the Philippines

MUNICIPAL TRIAL COURT


11th Judicial Region
Branch XX Davao City

PEOPLE OF THE PHILIPPINES,


CRIM. CASE NO. 136,XXXXX
- versus -
FOR: PERJURY
JOHN V. CABADING,
Accused.
x--------------------------------------x

JUDICIAL AFFIDAVIT

I, GERGELIO V. CABALLES, Filipino, 75 years old, married with address at Lumboy St.,
Bunawan, Cebu City and states under oath as follows:

PRELIMINARY STATEMENT

The person conducting the proceedings is Atty. __________________________ with


address at ____________________________ Cebu City, where the proceedings is held. I am
answering his questions fully conscious that I do so under oath and may face criminal liability for
false testimony and perjury.

PURPOSE

I am executing this Judicial Affidavit as my direct testimony for the purpose of proving that I
was tricked into signing a prepared affidavit dated February 28, 2008 and that I never appeared
before Atty. Vicente Basuring and will testify on other matters related thereto.

QUESTIONS AND ANSWERS

1. Q- Do you know Mrs. Maria Clara and her children?


A- Yes, sir. In fact her children call me “Uncle”.
2. Q- Why do you know them?
A- I am a family friend.
3. Q- Do you know Mr. Stan Lee?
A- Yes, he is a son of Mrs. Stanley.
4. Q- On July 10, 2007 at about 9:00 A.M. where were you?
A- I happen to be in the office of Mrs. Stanley.
5. Q- While there, what happened if any?
A- I saw Stan Lee came in and started an argument with his mother which resulted to a
physical commotion.
6. Q- What happened then?
A- Mr. Ariel Potot and I tried to pacify them but Mrs. Stanleyna passed out.
7. Q- What happened as a result of this physical commotion?
A- Mrs. Stanleyna requested me to execute an Affidavit on February 11, 2008 concerning
the harassment and physical assault on her by Herminigildo.
8. Q- What happened thereafter?
A- On February 25, 2008, the other children of Mrs. Stanley, Christine, Lura, Roya and
James came to my house and requested me to execute an affidavit, recanting my
previous statement, otherwise, Herminigildo may go to prison for assaulting their
mother. Believing I could help patch up their quarrel, after so much pleading, I agreed

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to meet their lawyer by putting some good words for their brother.
9. Q- What happened next?
A- On February 26, 2008, the children came and I thought they would fetch me to meet
their lawyer but they presented a one page ready made affidavit.
10. Q- What did you do?
A- When I read it, I remonstrated that the statements in the prepared affidavit are not true
and not accurate, so I asked that I see their lawyer but they countered that their
lawyer is very busy.
11. Q- What then did you do?
A- I corrected the affidavit and made some changes and they agreed to have it retyped,
left and promised to return.
12. Q- Did they return?
A- Yes, sir and they brought me to the Capitol of Cebu and said that their lawyer was
busy and handed to me the affidavit to sign and when I read the first copy, it contained
my corrections and they insisted that I sign it immediately as the lawyer was going to
the Court and I need not read the other copies as these are the same as the first copy,
so I signed the several copies of the affidavit..
13. Q- What happened then?
A- After I signed Lura told me to went in an ante-room with James and they brought the
affidavits inside another room when they came out I asked for a copy but they said
they gave it all to the lawyer but promised to give me one copy later.
14. Q- Did they gave you a copy?
A- Yes, I received a fax copy much later which was totally different from what I corrected
and immediately asked Mrs. Stanley for assistance to repudiate the affidavit of
February 26, 2008 and I was referred to her lawyer.
15. Q- Why did you asked Mrs. Stanley’s help?
A- Because I was tricked to signing the other copies of the affidavit which was false.
16. Q- I will show you the Affidavit dated February 26, 2008 marked as EXHIBIT D for the
prosecution, what is the relation of this to that you were tricked into signing?
A- That is the affidavit I was tricked into signing.
17. Q- What did the lawyer of Mrs. Stanley do?
A- She prepared an affidavit dated May 19, 2008 repudiating the Affidavit of February 26,
2008.
18. Q- What happened then?
A- Years late in 2010, I was served with a warrant of arrest by policemen who were
accompanied by the children of Mrs. Stanley and they took pictures of me while
handcuffed and laughing.
19. Q- You said one of those who asked you to recant was James Stanley, tell us what he did
if any?
A- He dissociated from his siblings as he could no longer take their abuses made on their
mother and told me the truth.
20. Q- What did he tell you?
A- He told me that after I made the corrections on the affidavit they presented to me on
February 26, 2008. Lura typed the first copy with my corrections put this on top of the
uncorrected ones which I likewise signed on the belief that all the copies are corrected
copies.
21. Q- Do you know the present relationship of Mrs. Stanley and her son, Herminigildo who
was the cause of all those troubles?
A- Yes, he signed this Affidavit of Recantation wherein he asked for forgiveness from his
mother.
22. Q- We will marked this as EXHIBIT “1” and will attached this to your Judicial Affidavit, do
you agree?
A- Yes, sir.
23. Q- Do you have anything to say?
A- Yes, I am very aggrieved with what the children of Mrs. Stanley did to me, particularly
Christine and Lura.

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24. Q- Are you willing to sign this Judicial Affidavit?
A- Yes, sir.

IN WITNESS WHEREOF, I hereunto set my hand this _____ day of July, 2017 at Cebu
City, Philippines.

JOHN CABADING
Affiant

SUBSCRIBED AND SWORN to before me this _____ day of July, 2017 at Cebu City,
Philippines, affiant exhibited to me his Senior Citizen I.D. No. __________ issued at Cebu City.

Notary Public

Doc. No. ____;


Page No. ____;
Book No. ____.
Series of 2017

ATTESTATION

I, ___________________________________ a practicing lawyer in the City of Cebu,


under oath states:

1. That I conducted the examination of MR. JOHN CABADING on


________________, 2017 in Cebu City;

2. That I faithfully caused to be recorded the questions asked and the corresponding
answers given by Mr. Caballes;

3. That no one assisted him or coerced him in giving his answers.

IN WITNESS WHEREOF , I hereunto set my hand this _____ day of ________, 2017 at
Cebu City, Philippines.

____________________________

SUBSCRIBED AND SWORN to before me this _____ day of July, 2017 at Cebu City,
affiant exhibited to me his __________________ issued at Cebu City.

Doc. No. ____;

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Page No. ____; Notary Public
Book No. ____;
Series of 2017.

Copy furnished:

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