Republic of the Philippines

REGIONAL TRIAL COURT

6th Judicial Region
Branch 45
Bacolod City

PEOPLE OF THE PHILIPPINES,

Plaintiff,

-versus- Crim. Case No. 15-40858

For: Estafa

VIVIA A. ALEGRADO,
Accused.
x-------------------------------------------------x

JUDICIAL AFFIDAVIT

(In Lieu of the Direct Testimony of Jessica Verde)

I, JESSICA VERDE, of legal age, single, Filipino citizen and a

resident of Bacolod City, Philippines, after having been sworn to in
accordance with law, do hereby depose and say that:
PRELIMINARY STATEMENT
I state for the record that the person taking my direct
examination is Atty. Michelle Varca Gonzaga with office address at
Second Floor, St. Therese Building, cor. Rizal-Locsin Streets, Bacolod
City, and that my said examination is being held at the same address on
October 11, 2019 at 2:00 p.m. The examination was conducted in
English. I answered the questions subject of the examination fully
conscious that I do so under oath, and that I may face criminal liability
for false testimony or perjury. This judicial affidavit contains the
accurate transcript of the questions that were asked of me and my
corresponding answers.
OFFER OF TESTIMONY
The testimony of Jessica Verde is being offered to prove that
final demand was made by DJCI through counsel in demand letter
dated September 5, 2013, sent to accused Alegrado through registered
mail and licensed courier on September 6, 2013, to prove and
corroborate relevant material allegations contained in the Complaint-
affidavit, and to identify the documentary exhibits for the prosecution.

DIRECT EXAMINATION
Q1: Please state your name, age, address and occupation.

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A1: Jessica Verde, 34 years old, resident of 145 Gatuslao Street,
Bacolod City, Philippines. I am presently employed at the law office of
Atty. Michelle V. Gonzaga as her secretary.
Q2: I have here an Affidavit of Mailing dated April 7, 2014
executed by one “Jessica Verde”, previously identified and marked
as Exhibit “E” for the prosecution. Can you confirm if you are this
person “Jessica Verde” who executed this Affidavit of Mailing?
A2: Yes, I am the person who executed that Affidavit of Mailing
dated April 7, 2014.
Q3: On the face of the Affidavit of Mailing dated April 7, 2014,
there appears a signature on top of the name “JESSICA VERDE”.
Do you recognize this signature?
A3: Yes, that is my signature.
(Private complainant requests that that the signature identified by the
witness and the name “JESSICA VERDE” be bracketed and sub-
marked as Exhibit “E-5” for the prosecution.)
Q4: What was the subject of your Affidavit of Mailing dated April
7, 2014?

A4: I attested to the fact that I mailed a demand letter dated

September 5, 2013 prepared by Atty. Michelle V. Gonzaga addressed to
Ms. Vivia Alegrado through registered mail and licensed courier on
September 6, 2013.

Q5: If you are shown an original copy of the demand letter dated
September 5, 2013 that is the subject of your Affidavit of Mailing
dated April 7, 2014, would you be able to identify it?

A5: Yes.

Q6: I am showing to you an original copy of the demand letter

dated September 5, 2013 previously identified and marked as
Exhibit “D” for the prosecution. Is this the same demand letter
that you referred to in your Affidavit of Mailing?

A6: Yes.

Q7: What is your proof that you sent the demand letter to Ms.
Alegrado through registered mail?

A7: Upon mailing, I was issued a Postal Registry Receipt No. 2374
by the post office.

Q8: I am showing to you an original copy of Postal Registry

Receipt No. 2374 previously identified and marked as Exhibit “E-

2
1” for the prosecution. Is this the same Postal Registry Receipt No.
2374 that you referred to in your Affidavit of Mailing?

A8: Yes.

Q9: What happened to the demand letter that you sent through
registered mail?

A9: I received at our office the Postal Registry Return Receipt

pertaining to the demand letter that I sent to Ms. Alegrado.

Q10: If shown the original copy of the said Postal Registry Return
Receipt, would you be able to identify the same?

A10: Yes.

Q11: I am showing to you an original copy of Postal Registry

Return Receipt previously identified and marked as Exhibit “E-2”
for the prosecution. Is this the same Postal Registry Return Receipt
that you are referring to?

A11: Yes.

Q12: What is your proof that you sent the demand letter you
mentioned to Ms. Alegrado through licensed courier?

A12: I mailed the demand letter dated September 5, 2013 through

LBC, which issued me LBC Express Official Receipt No.
GAT11000114900.

Q13: If shown the original copy of the LBC Express Official

Receipt No. GAT11000114900, would you be able to identify the
same?

A13: Yes.

Q14: I am showing to you an original copy of LBC Express

Official Receipt No. GAT11000114900 previously identified and
marked as Exhibit “E-3” for the prosecution. Is this the same LBC
Express Official Receipt No. GAT11000114900 that you are
referring to?

A14: Yes.

Q15: What happened to the demand letter that you sent through
LBC?

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A15: Upon my request, I received a Proof of Delivery Receipt for OR
No. GAT11000114900 from LBC.

Q16: I am showing to you an original copy of LBC Proof of

Delivery Receipt for OR No. GAT11000114900 previously
identified and marked as Exhibit “E-4” for the prosecution. Is this
the same LBC Proof of Delivery Receipt for OR No.
GAT11000114900 that you are referring to?

A16: Yes.

Q17: What happened after you sent copies of the demand letter
dated September 5, 2013 to Ms. Alegrado?

A17: I received a call at our office phone with number 4340049 from
a person who identified herself as Ms. Alegrado sometime late in the
month of September 2013.

Q18: What did she say to you?

A18: She asked to speak with Atty. Michelle V. Gonzaga to discuss the
demand letter that she received from Atty. Gonzaga.

Q19: What did you do?

A19: I informed Atty. Gonzaga and she was the one who spoke to Ms.
Alegrado.

END OF DIRECT EXAMINATION

IN WITNESS WHEREOF, I have hereunto set my hand this

______ day of November 2018 in Bacolod City, Philippines.

JESSICA VERDE
Affiant

SUBSCRIBED AND SWORN to before me this _____ day of

October 2019 in Bacolod City, witness Jessica Verde exhibiting to me a
competent evidence of her identity bearing her photograph and
signature, consisting of her ________________ I.D. No.
_______________ issued on _____________ in ______________
City, who signed the foregoing document and taking her oath of
affirmation before me.

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Doc. No. _____;
Page No. _____;
Book No. _____;
Series of 2019.

ATTESTATION

I, MICHELLE VARCA GONZAGA, Filipino, of legal age,

married, a resident of 2475 Tambis Street Villamonte, Bacolod City,
after being sworn in accordance with law, hereby depose and state:

1. I have faithfully recorded the questions I

asked and the corresponding answers that the witness
gave.

2. Neither I nor any person then present or

assisting me during the taking of the above testimony
coached the witness regarding the latter’s answers.

IN WITNESS WHEREOF, I have hereunto set my hand this

___ day of October 2019 in Bacolod City, Philippines.

MICHELLE VARCA GONZAGA

SUBSCRIBED AND SWORN to before me this ___ day of

___________ 2019 in Bacolod City, Atty. Michelle Varca Gonzaga, the
lawyer who conducted the direct examination of the above witness,
exhibiting to me a competent evidence of her identity bearing her
photograph and signature, consisting of her Home Development
Mutual Fund Identification Card, with Security Code No. 950887
issued on September 19, 2012, who signed the foregoing document and
taking her oath of affirmation before me.

Doc. No. _____;

Page No. _____;
Book No. _____;
Series of 2019.

COPY FURNISHED:

ATTY. ERIC C. TORMIS

Counsel for the Accused Alegrado
Cebu Wetland Resort
186 N. Bacalso Avenue Extension

5
Highway Tagunol, Basak, Cebu City

OFFICE OF THE CITY PROSECUTOR

Bacolod City

EXPLANATION

Due to the distance involved, private complainant was

constrained to have the above Judicial Affidavit served to the other
party by registered mail. To ensure the timely receipt of the same,
private complainant likewise caused the Judicial Affidavit to be sent to
the other party by licensed courier and by email.

MICHELLE V. GONZAGA