1

Republic of the Philippines

MUNICIPAL TRIAL COURT
9th Judicial Region
Branch __
Zamboanga City
PEOPLE OF THE PHILIPPINES
Plaintiff,
Criminal Case No.: _________
- versus Deceit

For:

Estafa

thru

means

of

In violation of Article 315 2(a)

of the
Revised Penal Code
PEDRO SAN JUAN
Accused.
x - - - - - - - - - - - - - - - - - - - - - - - - -x
JUDICIAL AFFIDAVIT
OF VARELLIE VARGAS
The following is the Judicial Affidavit of VARELLIE
VARGAS. The examination of this witness is conducted by
ATTY. ALMAN-NAJAR NAMLA in his office address at La
Purisima Street, Zamboanga City. The witness shall be
testifying in the English language, although she will answer
in a combination of English and Pilipino. She is answering the
questions asked from him, fully conscious that he does so
under oath, and that he may face criminal liability for false
testimony or perjury;
PURPOSE: This affidavit/testimony of VARELLIE VARGAS
is offered to corroborate the defense of PEDRO SAN JUAN,
that he could not have committed the said crime as he was
in the office for the entirety of Tuesday, December 1, 2015.
ATTY NAMLA: Please state your name, age, status,
address, and occupation.
VARELLIE VARGAS: I am VARELLIE VARGAS, of legal age,
single, a resident of Sta. Maria, Zamboanga City, and a
government employee and a Lawyer.
Q. Do you swear to tell the truth and nothing but the
truth so help you God?
A. Yes, I do.

Q1. Are you going to answer the questions asked of you

fully conscious that do so under oath, and that you may face
criminal liability for false testimony or perjury?
A1. Yes.
Q2. So you said you are a government employee, a
lawyer, where do you work?
A2. I work at PAG-IBIG Zamboanga Branch.
Q3. How long have you been working in the said office?
How much do you earn every month?
A3. I have been working there for 5 years now. A little
over P 55,000.00 as Head of the Legal Department, Salary
Grade 24.
Q4. How many hours of work is required of you
everyday and every week?
A4. I work for 8 hours a day, all morning from 8-12 and
1-5 or even later when it is required.
Q5. You are aware that you are being brought in as a
witness for a criminal case filed against PEDRO SAN JUAN.
All the witnesses say that on Tuesday, December 1, 2015,
the accused committed the crime. Can you describe to us
what happened on that day?
A5. That was one stressful day, as a lawyer, lot of legal
documents were needed to be processed for the public
auction we were preparing for. In the morning, we processed
the titles of the acquired assets to be sold at the auction.
Q6. Is that all?
A6. No. In the afternoon we were working on promoting
the Public Auction on Acquired Assets. I remember just being
overwhelmed by the amount of work and the pressure. As
we were making calls, sending out letters, e-mails, creating
tarpaulins to be posted in public places I was afraid people
would be on short notice and they could not come to the
public auction. It was so stressful that when we had a little
break, I posted a photo on my Instagram account.
Q9. What did you post on Instagram?

A9. On my social media account, I posted a photo of the

workload we have which included in the background of the
photo our General Manager working tirelessly and captioned
it #atm #work. This was posted at 3:33 pm on that day.
Q10: Forgive my ignorance, enlighten me on what
#atm means and how Instagram works.
A10. Sure. #Atm is a hashtag which means At the
moment, and Instagram works real time. When you post a
pic right now, it will show up immediately online. It even
indicates what time it was posted.
(Counsel is showing a screencap of the Instagram post,
attached here in as Exhibit 2)
Q11. I am showing to you a screencap from the website
of Instagram. What relation does this have to the case?
A11. This is the exact public post that I made on that
day of December 1.
Q12. How will you be able to identify it as your post?
A12. It has my username varvarvarvarvarvar which I
registered a couple of years back. That username is
registered to my Account and e-mail address. And it can be
found
online
because
it
is
a
public
post
at
Instagram.com/varvarvarvarvarvar
Q13. Is there anything else you would like to add?
A13. None, as of the moment.
IN WITNESS WHEREOF, I have hereunto set my hand
this 14th day of December 2015 at Zamboanga City.

VARELLIE VARGAS
Affiant
SUBSCRIBED AND SWORN to before me on this 14th
day of December, 2015. Affiant personally came and
appeared his Drivers License, with license no. 652455
issued by Land Transportation Office, bearing her signature
ad photograph, 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.

ALMAN-NAJAR L.
NAMLA
NOTARY PUBLIC
Until 31 December
2015
Doc. No. ____
2014
Page No. ____
Book No. 3
Series of 2015

Notarial Commission No. 027NAMLA & ASSOCIATES Law

Offices
MS BUILDING, RM 401,
LA PURISIMA ST,

ZamboangaCity
P.T.R. NO. 092765 1/6/15
Z.C.
I.B.P. NO. 0981765 1/6/15
Z.C.
Roll No. 928765
SWORN ATTESTATION
I, ATTY. ALMAN-NAJAR L. NAMLA, hereby attest that I
have faithfully recorded or caused to be recorded the
questions that I asked and the corresponding answers that
the witness gave; and that neither she nor any other person
the present or assisting her coached the witness regarding
the latters answers.

ALMAN-NAJAR NAMLA
SUBSCRIBED AND SWORN to before me on this 14th
day of December, 2015. Affiant personally came and
appeared his Drivers License, with license no. 122455
issued by Land Transportation Office, bearing his signature
ad photograph, 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.
KHALIL LAJARATO

NOTARY PUBLIC
Until 31 December 2015
Doc. No. ____
2014
Page No. ____
Book No. 3
Zamboanga City
Series of 2015
Z.C.

Notarial Commission No. 027MS BUILDING, RM 401,

LA
PURISIMA

ST,

P.T.R. NO. 098765 1/6/15

I.B.P. NO. 098765 1/6/15

Z.C.
Roll No. 98765