REPUBLIC OF THE PHILIPPNES )

City of Bacolod ) S.c.

X ------------------------------------ X

JUDICIAL AFFIDAVIT

I, RANILO BANHAO, of legal age, Filipino, married

and a resident of Hacienda Ambulong located at Brgy. San
Fernando, Talisay City, Negros Occidental after having been
sworn in accordance with law, hereby depose and state that:

I am submitting this Judicial Affidavit as WITNESS for

the PRIVATE COMPLAINANT in the case entitled PEOPLE OF
THE PHILIPPINES VS. MARINO CAREPIANO, JR. and PAZ
CECILIA BELICANO, before the RTC Branch 48, Bacolod City,
and pursuant to A.M. No. 12-8-8-SC (Judicial Affidavit Rule)
of the Supreme Court.

The name of the lawyer who conducted or supervised

my examination is Atty. Pacifico M. Maghari III, with office
address located at 590 Ylac St., Villamonte, Bacolod City.
Such examination was conducted in the same office address
on 17 March, 2014.

The purpose of my testimony is to prove that the

pulled out sugarcanes on eleven (11) separate instances
from Hacienda Ambulong subject matter of this case from
FEBRUARY 8, 2013 – MARCH 27, 2013, were loaded on a
truck with plate number NAV-727 owned and controlled by
the accused MARINO CAREPIANO, JR.

I answered the questions asked herein fully conscious

that I do so under oath and that I may face criminal liability
for false testimony or perjury, to wit:

Q1: Mr. witness, what is your complete name and other

personal circumstances in relation to the present case?

A1: My name is RANILO BANHAO, of legal age, Filipino,

married and a resident of Hacienda Ambulong located at
Brgy. San Fernando, Talisay City, Negros Occidental. I have
work as one of the “cabo” of Hacienda Ambulong for
approximately 9 years already with additional designation of

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keeping and maintain the LOGBOOK of sugarcane pullouts
made therefrom.

Q2: Do you know the accused Marino Carepiano Jr. in this

case?

A2: Yes, he was the former “encargado” of Hacienda

Ambulong.

Q3: How do you know this?

A3: I personally know him. We worked together when he

was still the “encargado” of Hacienda Ambulong.

Q4: Having worked at Hacienda Ambulong for approximately

9 years, can you tell us if you know how the sugarcanes in
said Hacienda are pulled out after being cut and harvested?

A4: There are trucks sent to Hacienda Ambulong for the pull
out of the sugarcanes after the same are cut and harvested.
The trucks where the sugarcanes are loaded are usually
rented out by farm management.

Q5: Do you know who are the owners of the trucks being
rented out by farm management where the sugarcanes of
Hacienda Ambulong are loaded and pulled out?

A5: Yes, Mr. Marino Carepiano Jr. is the owner of the truck
with plate number NAV-727 to whom farm management
rents out to for the purpose of loading the harvested
sugarcanes of Hacienda Ambulong.

Q6: How do you know that the truck with plate number
NAV-727 is owned by Mr. Marino Carepiano, Jr.?

A6: Sir, I have worked for a long time in the Hacienda and it
is of common knowledge that Mr. Carepiano owns said truck
which he has complete control and custody thereof. I have
seen on several occasions that the truck driver of NAV 727
claimed salary from Mr. Marino Carepiano, Jr. for driving
said truck and that rentals are being paid to him by farm
management for the use of said truck.

Q7: Being one of the “cabo” of Hacienda Ambulong for

approximately 9 years, can you tell us if you are familiar

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with the sugarcanes pulled out from Hacienda Ambulong
from FEBRUARY 8, 2013 – MARCH 27, 2013?

A7: Yes, as ’’cabo” of Hacienda Ambulong, I have an

additional designation of keeping and maintaining the
LOGBOOK of sugarcane pullouts made therefrom. The
sugarcanes pulled out from Hacienda Ambulong from
FEBRUARY 8, 2013 – MARCH 27, 2013 were duly recorded in
my logbook.

Q8: Please relay what you entered in your logbook records

covering the sugarcanes pulled out from Hacienda
Ambulong from FEBRUARY 8, 2013 – MARCH 27, 2013.

A8: I entered here on my logbook record that the

sugarcanes harvested and pulled out from Hacienda
Ambulong from FEBRUARY 8, 2013 – MARCH 27, 2013 on
eleven (11) separate instances were loaded on the truck
with plate number NAV-727.

Q9: Do you have evidence showing this allegation?

Q9: Yes. I have with me the subject logbook entries. The

illegal pull out of sugar canes by the accused Marino
Carepiano, Jr. is evidenced by the farm’s LOGBOOK ENTRIES
clearly showing the pull-outs which he loaded on his truck
with plate number NAV-727. (showing logbook)

Q10: I am now attaching the evidence of the eleven (11)

separate instances of illegal pull-outs as Annexes “B” –
“B-12” of your Judicial Affidavit. You already mentioned
that the truck with plate number NAV-727 is owned by the
accused Carepiano what other evidence if any can you show
to prove this allegation?

A10: I have here with me VOUCHERS evidencing trucking

rentals for sugarcane hauling from Hacienda Ambulong to
VMC (Victorias Milling Company) for the truck with plate
number NAV-727. These rentals were paid to and received
by accused Marino Carepiano, Jr. (showing vouchers)

Q11: Please tell us whose signature is this appearing on the

vouchers as payee thereof if you know?

A11: These are the signatures of Marino Carepiano Jr.

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Q12: I am now attaching these VOUCHERS to your Judicial
Affidavit as follows:

ANNEX “N”
DATE: February 1, 2013
AMOUNT: 12,393 Php
SIGNATURE OF MARINO CAREPIANO, JR.: Annex “N-1”

ANNEX “O”
DATE: February 15, 2013
AMOUNT: 3,087.00
SIGNATURE OF MARINO CAREPIANO, JR.: Annex “O-1”

ANNEX “P”
DATE: February 22, 2013
AMOUNT: 8,375.00
SIGNATURE OF MARINO CAREPIANO, JR.: Annex “P-1”

ANNEX “Q”
DATE: March 1, 2013
AMOUNT: 2,354.40
SIGNATURE OF MARINO CAREPIANO, JR.: Annex “Q-1”

ANNEX “R”
DATE: March 15, 2013
AMOUNT: 6,332.040
SIGNATURE OF MARINO CAREPIANO, JR.: Annex “R-1”

ANNEX “S”
DATE: March 27, 2013
AMOUNT: 3,380.40
SIGNATURE OF MARINO CAREPIANO, JR.: Annex “S-1”

ANNEX “T”
DATE: April 5, 2013
AMOUNT: 2,782.50
SIGNATURE OF MARINO CAREPIANO, JR.: Annex “T-1”

How do you know that the signatures appearing on the

payee portion of the above-enumerated vouchers are the
signatures of accused Carepiano?

A12: Having worked at Hacienda Ambulong for

approximately 9 years along with Marino Carepiano Jr. as
“engcargado”, I have seen his signature on several
occasions to which I am already familiar thereof.

AFFIANT FURTHER SAYETH NAUGHT.

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JUDICIAL AFFIDAVIT WAS EXPLAINED TO AFFIANT IN
THE VERNACULAR. THE RIGHT TO RE-DIRECT IS
RESERVED AS ALLOWED BY THE RULES.

IN WITNESS WHEREOF, I have hereunto affixed my

signature this ___ day of March, 2014 at the City of Bacolod,
Philippines.

RANILO BANHAO
Witness

JURAT

SUBSCRIBED AND SWORN to before me this _____

day of March, 2014, by the Affiant whom I have identified
through competent evidence of identity who exhibited his
____________________ with ID No. _________ issued at
_____________ on ____________, with his signature and
picture appearing thereon.

Notary Public
Doc. No. ___
Page No. ___
Book No. ___
Series of 2014.

ATTESTATION

I, ATTY. PACIFICO MAGHARI III, under oath,

depose and state that:

I am the legal counsel who conducted the foregoing

examination of witness RANILO (middle initial) BANHAO
as contained in this Judicial Affidavit;

I faithfully recorded or caused to be recorded the

questions asked of the said Witness and the answers he
gave thereto; and that no other person assisted him in his
declaration neither was he coached with answers.

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 IN WITNESS WHEREOF, I have hereunto affixed my
signature this ____ day of March, 2014, at the City of
Bacolod, Philippines.

PACIFICO M. MAGHARI, III

Affiant
PTR No. 5430608 Jan. 2, 2014
IBP No. 929226 Dec. 19, 2013
MCLE Compliance No. IV-0022024-9-24-13
SC ROLL NO. 44869

SUBSCRIBED AND SWORN to before me this ____

day of March, 2014, by the Affiant who exhibited to me his
IBP ID bearing his Roll No. 44869 with his signature affixed
thereon and likewise his picture appearing thereon.

Notary Public

Doc. No. ___

Page No. ___
Book No. ___
Series of 2014.