Republic of the Philippines

REGIONAL TRIAL COURT

National Capital Judicial Region
Branch 85, Quezon City
People of the Philippines,
Plaintiff,
-versus-

CRIMINAL CASE NO. Q-10-00604

For: Parricide

Adam Burgos y Mabini,

Accused.
JUDICIAL AFFIDAVIT OF ABEL BURGOS Y MABINI
I, Abel Burgos y Mabini, 16 years old, single, and living at #7 Maligaya St., Quezon
City, witness for the prosecution in this case, states under oath that:
PRELIMINARY STATEMENT
The person examining me is Atty. Miguel R. Bayot with address at 10 General Avenue,
GSIS Village, Quezon City. The examination is being held at the same address. I am
answering his questions voluntarily, to the best of my knowledge and fully conscious that
I do so under oath and may face criminal liability for false testimony and perjury.
PURPOSE
This affidavit/testimony of witness Abel Burgos y Mabini is being offered to prove the
existence of sufficient provocation on the part of the accused.

Q.

Please state your name and other personal circumstances for the record.
I am Abel Burgos y Mabini, 16 years old, single and with residence at #7
Maligaya St., Quezon City.

Q.

How do you know the accused in this case?

He is my father.

Q.

Do you know Cain?

Yes.

Q.

How are you related to him?

He is my brother.

Q.

Where were you last August 19?

My brother and I were coming home from school. When we
arrived
at our house around 7:00 pm, I heard my father asking money from mother.

Q.

What happened after that, if any?

My brother and I went to look for our parents and found them in the living
room. Our mother told father that she has no money to give him. Afterwards,
father started shouting again and also started hitting mother.

Q.

Q.

How often does your father shout and hit your mother?
Almost every night.

Can you say that your father is hitting her harder than usual?
Yes.

Q.

What did you do after?

My brother and I approached our father and started punching him. He
stopped hitting our mother and turned toward us. At this point, our mother
passed out from the beating she received. Then, father threw punches at me.
He hit me several times enough to make me feel dizzy and nauseated. I began
to cry and ask my brother Cain for help.

Q.

What happened after?

Cain shouted that he will kill father and at the same time he punched
father repeatedly to make him stop hitting me. Through the racket, I glanced
and saw my mother gain consciousness. Then, I saw father backed away for a
few moments, opened a cabinet, and grabbed the gun. He pointed it towards
brother and pulled the trigger.

Q.

What happened to your brother?

I saw him fell to the floor. My mother started screaming and remained
where she was while I ran towards my brother. There was blood everywhere. I
kneeled in front of him and called his name several times but his eyes
remained close. Meanwhile, father walked out of the house and never returned
that night.

Q.

What did you and your mother do after your father walked out?
My mother went hysterical and started to threaten me saying wag ka
magsusumbong kung hindi, makakatikim ka sa akin. She kept on saying
those lines until Tiya Pusit arrived.
Q.
What happened after Tiya Pusit arrived, if any?
Upon seeing my brothers body, Tiya Pusit asked my mother what
happened. Instead of answering her question, my mother started shouting
wag kang makialam dito. Seeing that I was crying and afraid, she
dragged me to the barangay. My mother did not stop her.

Q.

What happened when you reached the barangay?

I was examined for injuries and they found out that I have fresh bruises
on my arms and legs. They also saw that I have old wounds that are beginning
to heal.

Q.

How did you acquire these bruises?

The fresh ones are from that night we defended our mother and the old
ones are both from mother and father.

Affiant further sayeth naught.

________________________
ABEL BURGOS Y MABINI
AFFIANT
SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in Quezon
City on September 16, 2013. Affiant personally came and appeared with Drivers License
No. D04-08-001234 issued by the Land Transportation Office on April 10, 2011, bearing
his photograph and signature and Passport No. 00123456 issued by the Department of
Foreign Affairs on April 10, 2012, known to me as the same person who personally

signed the foregoing instrument before me and avowed under penalty of law to the whole
truth of the contents of said instrument.
Atty. Raymond Sanchez
Notary Public for Quezon City
6 Jupiter St., Greenland Village, Pasig City
Appointment No. 123 Until December 31, 2014
IBP No. 123456; 01/10/14Quezon City
PTR No. 123456; 01/10/14Quezon City
Roll No. 1234 5/05/08
MCLE No. I 001234; 9/09/12
MCLE No. II 005678; 12/09/12
Serial No. of Commission M-12

Doc No.
12 ;
Page No.
34;
Book No.
V;
Series of 2013.

ATTESTATION
I, Atty. Miguel R. Bayot, of legal age, Filipino, with postal address at 10 General
Avenue, GSIS Village, Quezon City after being duly sworn depose and say that:

I conducted the examination of Abel Burgos y Mabini for Criminal Case No. Q10-0064 entitled People of the Philippines versus Adam Burgos y Mabini for
Parricide at my aforementioned postal address.
I have faithfully recorded or caused to be recorded the questions I asked and the
corresponding answer that the witness gave;
I nor any other person then present or assisting her coached the witness regarding
her answers;

IN WITNESS WHEREOF, I have hereunto set my hand on this 16th day of September
2013 at Quezon City.
Atty. Miguel R. Bayot
IBP No. 591481; 01/10/14Quezon City
PTR No. 114216; 01/10/14Quezon City

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in Quezon

City on September 16, 2013. Affiant personally came and appeared with Drivers License
NO. D04-00-001234 issued by the Land Transportation office on April 10, 2010, bearing
his photograph and signature and Passport No. 0012346982 issued by the Department of
Foreign Affairs on April 10, 2011, known to me as the same person who personally

signed the foregoing instrument before me and avowed under the penalty of law to the
whole truth of the contents of said instrument.
Atty. Raymond Sanchez
Notary Public for Quezon City
6 Jupiter St., Greenland Village, Pasig City
Appointment No. 123 Until December 31, 2014
IBP No. 123456; 01/10/14Quezon City

Doc No.
56 ;
Page No.
78;
Book No.
IX;
Series of 2013.
CITY PROSECUTOR KRISTEL FRANCINE L. TIU (Public Prosecutor)
4th floor Quezon City Hall of Justice Bldg., Diliman, Quezon City
ATTY. KYLE MALACHY S. KREBS (Counsel for the Accused)
123 Maginhawa St., UP Village Quezon City
ADAM BURGOS y MABINI (Accused)
c/o Warden, Quezon City Jail

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
PROVINCE OF NEGROS OCCIDENTAL
BACOLOD CITY, BRANCH IX
GABRIELLLA DUGUMANN
Petitioner,
versus

CIVIL CASE NO. ____________

Declaration of Nullity o Marriage

GIORGIO MORODER
Respondent.
xx
JUDICIAL AFFIDAVIT OF
GABRIELLLA DUGUMANN
I, GABRIELLLA DUGUMANN, of legal age, married, and living
at Bacolod City, Negros Occidental, petitioner in this case, state
under oath as follows:
PRELIMINARY STATEMENT
The person examining me is Atty. Ferdinand Castro
Magallanes with address at Brgy. Handuman, Bacolod City,
Negros Occidental.The examination is being held at the same
address. I am answering his questions fully conscious that I do so
under oath and may face criminal liability for false testimony and
perjury.
PURPOSE: This affidavit/testimony of petitioner Gabriellla Dugumann
is being offered to prove that the respondent Giorgio Moroder
contracted marriage twice with Mary Go on June 6, 1987, and later
with the petitioner on December 2, 1988 while the respondents
previous marriage with Mary Go was still valid and has not yet been
legally dissolved. The petitioners testimony is also offered to prove
the legal basis for the declaration of nullity of the petitioners marriage
with the respondent, the same being bigamous.
1. Q. Please state your name and other personal circumstances for
the record.
A. Gabriellla Dugumann.

2. Q. Are you the same Gabriellla Dugumannn, the petitioner in this

case?
A. Yes sir.
3.

Q. Do you know a certain Giorgio Moroder?

A. Yes sir. He was the man I married on December 2, 1988.

4. Q. How did you meet him?

A. He was my officemate in JP Morgan.
5. Q. Are you still living with Giorgio Moroder?
A. We have separated since June of 1996
6. Q. Do you have of proof your marriage with Giorgio?
A. Yes sir, I have a marriage contract (Exhibit A).
7. Q. Do you have children with the respondent?
A.
We have one (1) child, Katrina, now 29 years old.
8.

Q. What is the reason for your separation?

A.
The respondents infidelity of and lack of sense
responsibility. He was also jobless, a sex maniac, and a pervert

9. Q.
How about a certain Mary Go, do you know her?
A. Yes sir, he was the woman my husband previously married.
10. Q.
Do you have proof of marriage between respondent and
Mary Go?
A.
Yes sir, I have a marriage contract (Exhibit B).
11. Q.
What was the status of the marriage between the
respondent and Mary Go when the former got married to you?
A.
His marriage with Mary was still valid and has not yet
been legally dissolved when he married me.
12. Q.
Aside from marriage contracts, do you have other
documents to prove the respondent married Mary Go and yourself?
A.
Yes sir, I have a Certification (Exhibit C) from the
National Statistics Office (NSO) showing Giorgios record of having
two marriages, to Mary and myself.
13. Q.
Do you have pre-nuptial agreement with the respondent
regarding your properties?
A.

None Sir.

14.

Q.
A.

Do you have common properties with the respondent?

None sir.

15.

Q.
A.

Do you and the respondent have common creditors?

None sir.

IN WITNESS WHEREOF, I have hereunto set my hand this

13 day of February 2015 at Bacolod City.
th

Gabriellla Dugumann
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public

in and for Bacolod City, Negros Occidental this 14th day of February
2015. Affiant personally came and appeared with Drivers License
issued by the Land Transportation Office on January 03, 2014 at
Bacolod City, Negros Occidental bearing his photograph and
signature, known to me as the same person who personally signed
the foregoing instrument before me and avowed under penalty of law
to the whole truth of the contents of said instrument.
ATTY. FERDINAND CASTRO MAGALLANES
Notary Public
Doc No. _______
Book No. ______
Page No. ______
Series of 2015

Notary Public for Bacolod City, Negros Occidental

Until December 31, 2015
Office: NOBC Bldg., Gatuslao St., Bacolod City
Roll No. 57202 03/22/2014
IBP Lifetime Roll No. 100293; 01/05/15
PTR No.023456; 01/05/15
MCLE Compliance Cert. No. 097654; 01/05/15

I, FERDINAND CASTRO MAGALLANES, of legal age,

Filipino, with postal address Brgy.Handumanan, Bacolod City after
being duly sworn depose and say:

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

Gabriellla Dugumann at my aforementioned office in NOBC
Bldg, Gatuslao St., Bacolod City;
2. I have faithfully recorded or caused to be recorded the
questions I asked and the corresponding answer that the
witness gave;
3. I nor any other person then present or assisting her coached
the witness regarding her answers;
IN WITNESS WHEREOF, I have hereunto set my hand this 13 th
day of February 2015 at Bacolod City

ATTY. FERDINAND CASTRO MAGALLANES

Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public

in and for Bacolod City, Negros Occidental this 14th day of February
2015. Affiant personally came and appeared with Drivers License
issued by the Land Transportation Office on January 03, 2014 at
Bacolod City, Negros Occidental bearing his photograph and
signature, known to me as the same person who personally signed
the foregoing instrument before me and avowed under penalty of law
to the whole truth of the contents of said instrument.
.
ATTY. WILMAN PENALOSO ANG
Notary Public

Doc No. _______

Book No. ______
Page No. ______
Series of 2015

Notary Public for Bacolod City, Negros Occidental

Until December 31, 2015
Office: Sweet City Captel Bldg., Gatuslao St., Bacolod City
Roll No. 57202 03/22/2014
IBP Lifetime Roll No. 100293; 01/05/15
PTR No.026456; 01/05/15
MCLE Compliance Cert. No. 097854; 01/05/15

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
MAKATI CITY, BRANCH IX
MARIA CLARA MERCADO-RIZAL
Petitioner,
versus

CIVIL CASE NO. ____________

Declaration of Nullity of
Marriage

FELIX P. RIZAL
Respondent.
xx
JUDICIAL AFFIDAVIT
OF
MARIA CLARA MERCADO-RIZAL
This Judicial Affidavit of Maria Clara Mercado-Rizal, the Petitioner,
is executed to serve as her direct testimony in the instant case.
This Judicial Affidavit is being offered to prove:
A)
All the allegations in the Petition including all
annexes appended thereto and which were already marked as
exhibits during the Pre-Trial of this case;
B)
All other related matters, facts and circumstances
relevant and material to this case.
This Judicial Affidavit was taken at the office of Atty. Josefino S. Enrile at
Unit 7827, RCB Tower, 108 Legaspi St., Legaspi Village, Makati City.
Questions were propounded by Atty. Josefino S. Enrile and these questions
are numbered consecutively and each question is followed by the answer of
the witness.
1. Do you swear to tell the truth and nothing but the truth?
I do.
2.
Are you aware that you may face criminal liability for false
testimony or perjury if you will not tell the truth?
I am.
3.
Please state your name, age address and occupation?
I am Maria Clara Rizal Mercado, 51 years old, married, and
residing at 313 Santol Road, Makati City.
4. Are you the same Maria Clara Rizal Mercado, the Petitioner in
this case?
Yes.
5.
Do you know the Respondent in this case, Mr. Felix P. Rizal?
Yes, he is my husband.
...............
Affiant further sayeth naught.
MARIA CLARA MERCADO-RIZAL
Affiant

SUBSCRIBED AND SWORN to before me this _______________

at _______________, Affiant exhibiting to me her Passport bearing No.
SS12345678 issued on 8/9/12 and expiring on 8/8/17.
Doc No. ________;
Page No. _______ ;
Book No. _______;
Series of ________.
ATTESTATION
I hereby state, under oath, that I faithfully recorded the questions I
asked and the corresponding answers that the witness gave and that neither I
nor any other person present or assisting me has coached the witness
regarding the latters statement.
ATTY. JOSEFINO S.
ENRILE
SUBSCRIBED AND SWORN to before me this _______________
at Makati City, Affiant exhibiting to me his drivers license bearing No.
N11-82-030573 expiring on 09/08/2013.
Doc No. ________;
Page No. _______ ;
Book No. _______;
Series of ________.

Copy Furnished:
Office of the City Public Prosecutor
Makati City

REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
NATIONAL BUREAU OF INVESTIGATION
Bacolod District Office
Bacolod City
PEOPLE OF THE PHILIPPINES
Plaintiff,
versus

CIVIL CASE NO. ____________

Theft

MATTHEW DAVIS
Accused.
xx
JUDICIAL AFFIDAVIT
OF
MELROSE PLACE
I, MELROSE PLACE, of legal age, married, with address at 1224
Pugad Lawin St., Bacolod City, after having been duly sworn in accordance
with law, do hereby
Depose and state that:
1Q:
A:
2Q:
A:

3Q:

Are you willing to give a free, voluntary and under oath

statement and do you swear to tell the truth in this
investigation?
Yes, Sir.
Then please state you name, address and other
cicumstances?
I am MELROSE PLACE, Filipino, married, 36 years
on March 07, 1979, in Bacolod City and residing at
Royale Subdivision Bacolod City
I am presently employed with the Department of
Reform Bacolod City Chapter
How long have you been employed on the said office?

personal
old, born
Manville
Agrarian

A:

Since 2013

4Q:
A:

Where were you on July 25, 2013, if you can recall?

I reported for work on that date.

5Q:
A:

during that day, did you notice something unusual or missing?

I notice that my drawer of my table was open. One item was
missing, my Samsung Galaxy Tablet.

6Q:
A:

What did you do next?

I asked the staff in charge if someone have borrowed or seen
my laptop but all of them said they neither did seen nor
borrowed my laptop. That when, I reported it to the authorities.

7Q:
A:

How much was the estimated cost of the item stolen?

P46,000.00

8Q:
A.

Do you remember of similar incident in the past?

None that I can think of.

9Q:

For the meantime I have no more questions to ask you. Do you

have something more to add to your statement?
No more.

A:

10Q: Are you willing to sign your statement under oath?

A:
Yes sir.
x--------------------end of statement--------------------x

Melrose Place
Affiant
SUBSCRIBED AND SWORN to before me this 5th day of
September 2014 at the office of the National Bureau of Investigation,
Bacolod District Office, Bacolod City.

XAVIER JIMENEZ
By Authority of RA 157

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
Second Judicial Region
Branch ____
City of Manila

JOHNNY M. CEE
Petitioner
-versusGIGI S. GIMENEZ
Respondent
CIVIL CASE NO. ______
JUDICIAL AFFIDAVIT OF
PETITIONER JOHNNY M. CEE
I, JOHNNY M. CEE, of legal age, single, and living at Tolentino St.
Sampaloc, Manila, petitioner in this case, state under oath as follows:
PRELIMINARY STATEMENT
The person examining me is Atty. John Paul T. Romero with address at
CTUB Paredes St. Sampaloc Manila . The examination is being held at the
same address. I am answering his questions fully conscious that I do so
under oath and may face criminal liability for false testimony and perjury.
PURPOSE: This affidavit/testimony of petitioner Mr. Johnny M. Cee is
being offered to prove that the respondent Ms. Gigi S. Gimenes contracted a
contract of lease last February 1, 2014 to rent a residential apartment in
Lacson St. Sampaloc, Manila. That the respondent used the said property for
commercial purposes that the latter instituted an eatery and carwash business
and she had a breach of contract and it had been instituted in the contract
entered by the petitioner and the respondent that the property must be solely
used for residential purposes. The petitioner upon discovery of the
businesses being instituted in his property is demanding the respondent to
vacate the area but the respondent did not vacate the area and ignored the
notices from the petitioner.

2. Q. Please state your name and other personal circumstances for the
record.
A. My name is Johnny Cee, 33 years old, single and a resident of
Tolentino St. Sampaloc, Manila.
2.

Q. Are you the same Johnny Cee, the petitioner in this case?
A. Yes sir.

3. Q. Do you know a certain Gigi Gimenez?

B. Yes sir. She was the one who leased my property apartment at Lacson
St. Sampaloc, Manila.
4. Q. When did you know her?
A. We entered into a contract of lease (Exhibit A) last February 1, 2014
for the mentioned apartment.
5. Q. What is the reason why are you complaining for the respondent to
vacate the property?
B. Upon my surprise visit in the said property to check last November
2014, I found out that my property was not solely used for residential
purposes but Ms. Gimenes used is for commercial purposes. She had
an eatery business and a carwash in the garage.
6.

Q. Do you have of proof that is has been used as a commercial space?

A. Yes sir, I took pictures (Exhibit B) during my visit.

7. Q. What did you do upon discovery of the said activity?

A. I gave her a word to stop the business since that is not in the contract
we have entered into.
8. Q. What did she do after you gave her verbal warning?
A. She ignored the warning, Sir.
9. Q. What did you do after ignoring your warnings?
A. I gave her a written demand letter (Exhibit C) to vacate the area but
still she ignored such demand letter.
10. Q. Is that the reason why you are seeking legal action on this to demand
Ms. Gimenes to vacate the area?
A. Yes Sir.
IN WITNESS WHEREOF, I have hereunto set my hand this 5th day
of February 2013 at Paredes St. Sampaloc, Manila.
JOHNNY M. CEE
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in

and for the City of Manila this 5th day of February 2015. Affiant personally
came and appeared with TIN ID issued by the Bureau of Internal Revenue
Manila Branch on January 15, 2014 at Manila, Philippines, bearing his
photograph and signature, known to me as the same person who personally
signed the foregoing instrument before me and avowed under penalty of law
to the whole truth of the contents of said instrument.

Atty. John Paul T. Romero

Notary Public
Doc. No. ____
Commission Serial No. ____
Page No. ____
Notary Public for the City of Manila
Book No. ____
Until December 31, 2015
Series of 20___
Office: Paredes St. Sampaloc, Manila
Roll No. ---IBP Lifetime Roll No. ----PTR No. ----MCLE Compliance Cert. No. ----I, JOHN PAUL T. ROMERO, of legal age, Filipino, with postal
address Paredes St. Samapaloc, Manila after being duly sworn depose and
say:
4. I was the one who conducted the examination of the petitioner.
Johnny M. Cee at my aforementioned office in Paredes St.
Sampaloc, Manila;
5. I have faithfully recorded or caused to be recorded the questions I
asked and the corresponding answer that the witness gave;
6. I nor any other person then present or assisting her coached the
witness regarding her answers;
IN WITNESS WHEREOF, I have hereunto set my hand this 5 th day
of February 2013 at Paredes St. Sampaloc, Manila

ATTY. JOHN PAUL T. ROMERO

Affiant
SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in
and for the City of Manila this 5th day of February 2015. Affiant personally
came and appeared with his IBP ID issued by the Integrated Bar of the
Philippines on May 30 2014 at Manila, Philippines, bearing his photograph
and signature, known to me as the same person who personally signed the
foregoing instrument before me and avowed under penalty of law to the
whole truth of the contents of said instrument.

Atty. Juan dela Cruz

Notary Public
Doc. No. ____
Commission Serial No. ____
Page No. ____
Notary Public for the City of Manila
Book No. ____
Until December 31, 2015
Series of 20___
Office: P. Campa St. Sampaloc, Manila
Roll No. ---IBP Lifetime Roll No. ----PTR No. ----MCLE Compliance Cert. No. -----