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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
Third Judicial Region
Branch100
Cabanatuan City

PEOPLE OF THE
PHILIPPINES,
Complainant,
Criminal Case No.
- versus - 22063 For: Violation of 5,
Section Article II of R.A.
9165

LUTHGARDO ESPINOSA Y RONJO

Accused.
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JUDICIAL AFFIDAVIT
I, LUTHGARDO ESPINOSA, 39 years old, married,
Filipino, and residing at Phase I, Sunflower St., Kapt. Pepe
Subdv., Cabanatuan City under oath, depose:

1. Q: Why are you here now?

A: To give a sworn statement by way of a judicial
affidavit, the same to constitute as my direct
testimony, in the above-captioned criminal case.

2. Q: For the record, please state the name and address of

the Lawyer who is now conducting or supervising your
examination and the place where the examination is
being held now?
A: Atty. Jasper Ian Morales, is conducting or supervising
my examination now at his law office (Abregunda Law
Offices) located at Ground Floor, Gabaldon St.,
Cabanatuan City.

3. Q: In what language do you want your examination to

be conducted?
A: This judicial affidavit is prepared in English, but my
cross examination may be conducted in Tagalog and
English for my convenience and for clarity.
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4. Q: Do you undertake to answer the questions to be

asked of you, fully conscious that you will do so under
oath, and that you may face criminal liability for false
testimony or perjury?
A: Yes, Sir.

5. Q: Let us now proceed to the Complaint. Are you aware

of the complaint charged against you, namely: Violation
of Section 5, Article II of Republic Act No. 9165?
A: Yes, Sir.

6. Q: Do you know the Accused “LUTHGARDO ESPINOSA”?

A: Yes, I am LUTHGARDO ESPINOSA.

7. Q: Why are you testifying in this case?

A: I am testifying in this case because I am the herein
named “Accused”.

8. Q: Where were you on Sept. 3, 2013 at around 8 o’clock

in the evening?
A: I and my friend Jesstoni Reyes was walking along
Mabini St. Corner Maharlika Highway, Cab. City.

9. Q: Where is this Mabini St., located?

A: It was the street located between Brgy. Mabini Ext.,
and Brgy. Quezon District, Cab City.

10.Q: Where were you headed to?

A: We were heading to Waltermart to eat with our
friends.

11.Q: What were you wearing on that night?

A: I was wearing white polo shirt and black pants with
a black leather belt.

12.Q: Will you describe the pair of pants that you wore?
A: Yes, Sir. It was plain black with two pockets and belt
loops.

13.Q: If I show you a picture of the pants, will you identify

the same?
A: Yes, Sir.
14.Q: I am showing to you a picture of the pants
previously marked as EXH- "6", is this the pair of pants
that you wore on September 3, 2013?
A: Yes, Sir.
15.Q: I am showing to you a picture of a belt previously
marked as EXH- "7", is this the belt that you wore on
September 3, 2013?
A: Yes, Sir.

16.Q: What happened next, if any?

A: I saw a lady waving her hand.

17.Q: Were you able to recognize the lady?

A: Not easily.

18.Q: Why were you not able to recognize the lady?

A: We did not recognize her because the place was not
well-lighted.

19.Q: What happened next, if any?

A: We walked towards the location of the bar when I
got near the lady, I was able to recognize her.

20.Q: Can you tell us who that lady is?

A: Yes, It was Cheska.

21.Q: What happened next, if any?

A: I asked Cheska why she has not been going to work.

22.Q: Was there any response?

A: No, she did not answer me.

23.Q: What did you do next?

A: I asked how she was doing.

24.Q: Did she answer your question?

A: Yes, she said she was doing fine.

27.Q: What happened next?

A: She introduced her companion to us as her friend.

28.Q: What happened next, if any?

A: We acknowledged her companion with a nod when
Cheska’s companion suddenly asked me and my friend
“SAAN NA SI POWER”?
29.Q: What was your response?
A: Nothing, I was clueless during that time.

30.Q: What happened next, if any?

A: Cheska pointed to my belt.

31.Q: And what did you do when Cheska pointed to your

belt?
A: I checked my belt to see what she was pointing to.
32.Q: What happened next?
A: Cheska’s friend handed something to me.

33.Q: What was this something?

A: A plastic with red and white stripes.

34.Q: Did you see what was inside that plastic?

A: No, Sir.

35.Q: Why?
A: Because when I was about to unwrap the plastic to
see what was inside, several men suddenly
approached us.

36.Q: Do you know who these men were?

A: No, Sir.

37.Q: What happened next?

A: I was handcuffed.

38.Q: You were handcuffed by whom?

A: A man.

40.Q: Do you know who this man was?

A: No, Sir.
41.Q: Did he introduce himself?
A: No, Sir.

42.Q: What were they wearing?

A: Civilian clothes, Sir.

43.Q: What did he say, if any?

A: I can no longer remember but it was lengthy.

44.Q: After that, what did they do?

A: They took from me the plastic which was handed by
Cheska’s companion.

45.Q: What did they do with the plastic?

A: They unwrapped it.

46.Q: When they unwrapped the plastic, what was inside

it?
A: Money, Sir.

47.Q: What was your reaction?

A: I was still in shock. I was not aware of what was
happening.
48.Q: What happened next?
A: They took my belt, Sir.

49.Q: What did they do to your belt?

A: I do not know, Sir.

50.Q: Why did they take your belt?

A: I heard from one of the men that the sachets of
shabu were hidden in the belt.

51.Q: What else happened?

A: I saw one of the men holding transparent sachets.

52.Q: How many sachets were there?

A: I don’t know, Sir.

53.Q: What were the contents of the sachet?

A: I don’t know, Sir.

54.Q: Why you do not know?

A: We were surrounded by men and the place was not
well-lighted.

55.Q: Why is that so?

A: Because although there were bulbs on the side of
the building, it was still dim.

56.Q: You say “dim”, what do you mean by that?

A: We can see each other but one cannot read or write
there, Sir.

57.Q: Were they writing on a record book.

A: Yes, sir.

58.Q: How were they able to do that?

A: They used a chargeable lamp, sir.

59.Q: Did that illuminate the area enough?

A: No, sir.

60.Q: Why did you say so?

A: They had to move the lamp from one place to
another to be able to see things.

61.Q: Do you know the reason why you are being

implicated to a sale of illegal drugs?
A: No, Sir. But I may have an idea.

66.Q: And what is that reason?

 A: This may be in connection with the several text
messages I received in the month of November, 2016
from unknown numbers demanding money in
exchange of protection they were offering

67.Q: What is the protection they were referring to?

A: I don't know, sir.

68.Q: If I show you the messages you said were sent to

you, will you be able to identify the same?
A: Yes, sir.

69.Q: I am showing to you print screen of messages

previously marked as EXH- "8" and EXH “8-A”, are
these the messages you were referring to?
A: Yes, sir.

70.Q: Is there anything else you would like to add?

A: No more, sir.

That I attest to the truth of the foregoing

circumstances.

IN WITNESS WHEREOF, I have hereunto set my hand this

4th day of February 2014 at Cabanatuan City, Nueva Ecija,
Philippines.

LUTHGARDO ESPINOSA
Affiant

SUBSCRIBED AND SWORN to before me this 4th day of

February 2014 at Cabanatuan City, Nueva Ecija, Philippines.
 ATTESTATION

I, ATTY. JASPER IAN MORALES, of legal age, married,

and with office address at Gabaldon street, Cabanatuan City,
Nueva Ecija, after having been sworn in accordance with law,
hereby depose and say that: (a) I am the Counsel of the
Accused LUTHGARDO ESPINOSA in Criminal Case No.
pending before RTC, Third Judicial Region, Branch 100,
Cabanatuan City; (b) I faithfully recorded or caused to be
recorded the questions I asked and the corresponding
answers of the witness LUTHGARDO ESPINOSA; and (c)
neither I nor any other person then present or assisting me
coached the witness regarding her answers to the questions
I propounded to her;

I attest to the truth of the foregoing circumstances.

IN WITNESS WHEREOF, I have hereunto set my hands

this 4th day of February 2014 at Cabanatuan City, Nueva
Ecija, Philippines.

ATTY. JASPER IAN

MORALES
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, this 4th day

of February 2014 at Cabanatuan City, Nueva Ecija, Philippines .
Affiant exhibiting to me his DL No.E04-97-047706 valid until
April 12, 2018.

EXPLANATION OF NON-PERSONAL SERVICE

Due to time constraints, copy of the foregoing Judicial

Affidavit was served to the private prosecutor, Atty. Mary
Grace Villa, thru LBC Express Corp.

JASPER IAN MORALES