Republic of the Philippines REGIONAL TRIAL COURT Branch 45 Bais City Province of Negros Oriental

PEOPLE OF THE PHILIPPINES, Plaintiff, -versusHENRY CABABAT, Accused X------------------------------------------/ JUDICIAL AFFIDAVIT I, HENRY CABABAT, of legal age, married, Filipino and with residence at Sitio Buyog, Barangay Pacuan, La Libertad, Negros Oriental, plaintiff in this case, state under oath as follows: PRELIMINARY STATEMENT The person interrogating me is Atty. Ana Carla T. Villarmente, with office address at Bateria, Poblacion, City of Guihulngan, Negros Oriental. The interrogation is being held at the same address. I am answering her questions fully conscious that I do so under oath and may face criminal liability for false testimony and perjury. QUESTIONS AND ANSWERS Q1. Do you know the plaintiff Rustico Bolhano? A1. Yes maam, he is my neighbour and also a barangay kagawad in our barangay, Barangay Pacuan, Jimalalud. Criminal Case No. 08-02-J For: DESTRUCTIVE ARSON

Q2. Where were you towards midnight of August 6, 2000? A2. That evening, I was in my house already asleep at around 8:30 pm after listening to my favourite radio program. Then later, I was woken up by Kagawad Ronie Estoconing and Brgy Tanod Noli Camion and a certain Dany Abel, informing me that a fire had broken out towards the direction of the house of Kagawad Rustico Bolhano and we should go and help put out the fire. Q3. And what happened next?
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A3. The four of us went to the house of Kagawad Rustico Bolhano where it was already in flames, but as we were approaching we heard his angry challenge for anybody to a gun duel. So we just stopped at a distant in the surrounding ground of the house of Kagawad Ronie Estoconing together with Dany Abel until Rustico Bolhanos house was razed to the ground. Q4. Do you have any responsibilities in your barangay? A4. Yes maam, I am a barangay tanod that is why I also felt a duty to help put out the fire.

Q5. In spite of your testimony, do you know of any reason why you have been charged by Rustico Bolhano of arson? A5. I dont know. I do not have any misunderstanding or quarrel with him or his immediate members of his family. But I am one of the principal witnesses against them in the case People of the Philippines versus Rustico Bolhano, Judith Bolhano and Joje Bolhano-Saclot pending trial before Branch 45, Regional Trial Court of Bais City. And Rustico Bolhano has threatened me that something will happen if I and my companions will not desist from being witness in the said case. Q6. Do you have anything more to say? A6. I would like to deny and denounce in the strongest words possible the accusation levelled against us, but also to appeal to the authorities concerned not to allow themselves to be used as a vehicle in the persecution of persons innocent of the crime charged.

HENRY A. CABABAT Accused

JURAT AND CERTIFICATION SUBSCRIBED AND SWORN to before me this 19th day of December, 2000 in Tayasan-Jimalalud, Negros Oriental, Philippines. Affiant exhibited to me his Barangay I.D. No. N04922, issued by Barangay Pacuan on July 1, 2000 and expiring on August 25, 2003. NOTARY PUBLIC Doc. No. _____ Page No. ____ Book No. ____
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Series of 2013

ATTESTATION I, ANA CARLA T. VILLARMENTE, with office address at Bateria, Poblacion, City of Guihulngan, Negros Oriental, attest under oath as follows: 1. I personally conducted the interrogation of HENRY A. CABABAT of Barangay Pacuan, Jimalalud, Negros Oriental, accused in Criminal Case No. 08-02-J at the Regional Trial Court, Branch 45, Bais City, Province of Negros Oriental. 2. I faithfully recorded the questions I asked Mr. Cababat and the corresponding answers he gave me; 3. Neither I nor any other person then present coached Mr. Cababat regarding his answers; and 4. I conducted the interrogation under a lawyers supervision, namely Atty. Dante G. Zamora, the counsel for the plaintiff.

ANA CARLA T. VILLARMENTE Affiant SUBSCRIBED AND SWORN to before me this 3rd day of January 2011 in Bateria, Poblacion, City of Guihulngan. Affiant exhibited to me her Drivers License No. N04922443288, issued by the Land Transportation Office in Dumaguete City on December 25,2010 and expiring on December 25, 2013. NOTARY PUBLIC Doc. No. _____ Page No. ____ Book No. ____ Series of 2013

Counsel to Court: Your Honor, the testimony of this witness is presented to establish the following: 1. That the accused was not at the incident of the crime when it was beginning to take place; 2. That there were witnesses who can prove that the accused was with them during this time; 3. That the accused belatedly arrived at the scene of crime together with other people in order to help put out the fire but desisted from doing so because of the threats of the plaintiff against him; 4. That beforehand, the plaintiff asked the accused to desist from further testifying in a case pending before the RTC, Branch 45 entitled People of the Philippines vs Rustico Bolhano, Judith Bolhano and Joje Bolhano-Saclot but accused refused, whereby plaintiff made some threats against accused; 5. His testimony is likewise presented to prove other pertinent facts and other relevant matters. Counsel to Court: May I proceed your honor? Court: Proceed.