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REPUBLIC OF THE PHILIPPNES )

City of Bacolod ) S.c.


X ------------------------------------ X

JUDICIAL AFFIDAVIT

I, RANILO (middle initial) BANHAO, of legal age,


Filipino, single, and a resident of insert present exact
address, insert present occupation, Bacolod City, Philippines,
after having been sworn in accordance with law, hereby
depose and state that:

I am submitting this Judicial Affidavit as WITNESS for


the PRIVATE COMPLAINANT in the case entitled PEOPLE OF
THE PHILIPPINES VS. MARINO CAREPIANO, JR. and PAZ
CECILIA BELICANO, before the RTC, Branch 48, Bacolod
City, and pursuant to A.M. No. 12-8-8-SC (Judicial Affidavit
Rule) of the Supreme Court.

The name of the lawyer who conducted or supervised


my examination is Atty. Pacifico M. Maghari III, with office
address located at 590 Ylac St., Villamonte, Bacolod City.
Such examination was conducted in the same office address
on ____ March, 2014.

The purpose of my testimony is to prove that there


were illegal pullouts of sugarcane done in eleven separate
instances by MARINO CAREPIANO, JR. and that said pullouts
were made thru a truck with plate number NAV-727.

I answered the questions asked herein fully conscious


that I do so under oath and that I may face criminal liability
for false testimony or perjury, to wit:

Q1: Good day, Mr. Banhao. What is your complete name


and other personal circumstances in relation to the present
case?

A1: My name is RANILO (middle initial) BANHAO, of


legal age, Filipino, single, and a resident of insert present
exact address, insert present occupation, Bacolod City,
Philippines. I work as one of the “cabo” or farm overseers in
Hacienda Ambulong for almost 8-9 years already with the

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special designation of keeping the LOGBOOK of sugarcane
pullouts made therefrom.

Q2: Do you know the accused Marino Carepiano Jr. in this


case?

A2: Yes, he is one of the farm managers (encargado) of


Hacienda Ambulong.

Q3: How do you know this?

A3: We work together and he does sugarcane pullouts and


whenever he does so, I personally record the same in my
logbook.

Q4: What is the reason why you are testifying as a witness


today?

A4: I was informed by our Farm Manager, Mr. Santiago


Ledesma, that there were suspected inconsistencies in
recent sugarcane pullouts. And so, I was requested to
produce the logbook that I was maintaining.

Q5: What did you discover from the logbook records?

A5: It was discovered that the accused Marino Carepiano


Jr. illegally harvested sugarcanes from Hacienda Ambulong
on eleven (11) separate instances using his truck with plate
number NAV-727.

Q6: Do you have evidence showing this allegation?

A6: Yes. I have with me the subject logbook entries. The


illegal pull out of sugar canes by the accused Marino
Carepiano, Jr. is evidenced by the farm’s LOGBOOK ENTRIES
clearly showing the pull-outs which he loaded on his truck
with plate number NAV-727. (showing logbook)

Q7: I am now attaching the evidence of the eleven (11)


separate instances of illegal pull-outs as Annexes “A” –
“A-12” of your Judicial Affidavit.

You mentioned the truck with plate number NAV-727 which


accused Carepiano used. As far as you know, who is the
owner of this truck?

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A7: Marino Carepiano Jr. is the owner of the truck with plate
number NAV-727. That fact is of common knowledge in the
hacienda.

Q8: Do you have evidence of this?

A8: Yes. I have with me VOUCHERS evidencing trucking


rentals for sugarcane hauling from Hacienda Ambulong to
VMC (Victorias Milling Company) for the truck with plate
number NAV-727. These rentals were paid to and received
by accused Marino Carepiano, Jr. (showing vouchers)

Q9: (Analyzing vouchers) These vouchers say: Prepared by:


rbp. Who is this rbp?

A9: Those are my initials, Sir. I prepared these vouchers.


(KINDLY VERIFY) (IF RANILO IS NOT RBP, WE MUST
PRESENT RBP AS ANOTHER WITNESS BECAUSE THE
VOUCHERS’ CONTENTS WILL BE HEARSAY IF BANHAO IS
NOT RBP.)

Q10: I am now attaching these VOUCHERS to your Judicial


Affidavit as follows:

ANNEX “B”
DATE: February 1, 2013
AMOUNT: 12,393 Php
SIGNATURE OF MARINO CAREPIANO, JR.: Annex “B-1”

ANNEX “C”
DATE: February 15, 2013
AMOUNT: 3,087.00
SIGNATURE OF MARINO CAREPIANO, JR.: Annex “C-1”

ANNEX “D”
DATE: February 22, 2013
AMOUNT: 8,375.00
SIGNATURE OF MARINO CAREPIANO, JR.: Annex “D-1”

ANNEX “E”
DATE: March 1, 2013
AMOUNT: 2,354.40
SIGNATURE OF MARINO CAREPIANO, JR.: Annex “E-1”

ANNEX “F”
DATE: March 15, 2013
AMOUNT: 6,332.040
SIGNATURE OF MARINO CAREPIANO, JR.: Annex “F-1”

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ANNEX “G”
DATE: March 27, 2013
AMOUNT: 3,380.40
SIGNATURE OF MARINO CAREPIANO, JR.: Annex “G-1”

ANNEX “H”
DATE: April 5, 2013
AMOUNT: 2,782.50
SIGNATURE OF MARINO CAREPIANO, JR.: Annex “H-1”

AFFIANT FURTHER SAYETH NAUGHT.

JUDICIAL AFFIDAVIT WAS EXPLAINED TO AFFIANT IN


THE VERNACULAR. THE RIGHT TO RE-DIRECT IS
RESERVED AS ALLOWED BY THE RULES.

IN WITNESS WHEREOF, I have hereunto affixed my


signature this ___ day of March, 2014 at the City of Bacolod,
Philippines.

RANILO (middle initial) BANHAO


Witness

JURAT

SUBSCRIBED AND SWORN to before me this _____


day of March, 2014, by the Affiant whom I have identified
through competent evidence of identity who exhibited his
____________________ with ID No. _________ issued at
_____________ on ____________, with his signature and
picture appearing thereon.

Notary Public
Doc. No. ___
Page No. ___
Book No. ___
Series of 2014

ATTESTATION

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I, ATTY. PACIFICO MAGHARI III, under oath,
depose and state that:

I am the legal counsel who conducted the foregoing


examination of witness RANILO (middle initial) BANHAO
as contained in this Judicial Affidavit;

I faithfully recorded or caused to be recorded the


questions asked of the said Witness and the answers he
gave thereto; and that no other person assisted him in his
declaration neither was he coached with answers.

IN WITNESS WHEREOF, I have hereunto affixed my


signature this ____ day of March, 2014, at the City of
Bacolod, Philippines.

PACIFICO M. MAGHARI, III


Affiant
PTR No. 5430608 Jan. 2, 2014
IBP No. 929226 Dec. 19, 2013
MCLE Compliance No. IV-0022024-9-24-13
SC ROLL NO. 44869

SUBSCRIBED AND SWORN to before me this ____


day of March, 2014, by the Affiant who exhibited to me his
IBP ID bearing his Roll No. 44869 with his signature affixed
thereon and likewise his picture appearing thereon.

Notary Public

Doc. No. ___


Page No. ___
Book No. ___
Series of 2014.

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