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REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION


METROPOLITAN TRIAL COURT
BRANCH 60, MANDALUYONG CITY

GRETCHEN BARRETTO
Complainant,

-versus- Civil Case No. M-MND-10001


FOR: MALICIOUS MISCHIEF
CLAUDINE BARRETTO
Respondent
x-------------------------------x

JUDICIAL AFFIDAVIT

I. PRELIMINARY INFORMATION

A. Name and other personal circumstances of the complainant.

Name : REYMART YAN


Age : 52
Address : No. 63 San Martin St., Brgy. Hulo, Mandaluyong City
Occupation : Actor
Language : English / Filipino

B. Lawyer who conducted or supervised the examination of the complainant.

Name : Atty. Reilous Falcutila


Address : 114 C. Santos Street, BagongIlog, Pasig City
Place of
Examination : 114 C. Santos Street, BagongIlog, Pasig City

II. OFFER

The testimony of the Accused REYMART YAN is being offered to prove that:

1. He is a resident of No. 63 San Martin St., Brgy. Hulo, Mandaluyong City;

2. He was with CLAUDINE BARRETO from 7:00 AM of May 21, 2019 until
11:00 PM the next day to prove that the latter did not destroy nor
participated in the destruction of the wire fence;

3. CLAUDINE BARRETO was at her residence when the incident being


complained of by the Complainant transpired.

III. JUDICIAL AFFIDAVIT PROPER


I, REYMART YAN, of legal age, single, Filipino, and resident of No. 63 San
Martin St., Brgy. Hulo, Mandaluyong City, under oath, depose:

1. Q : What are the reasons why you voluntarily came to this Office?
A : Because I want to execute a judicial affidavit in defense of the
malicious mischief charge filed by GRETCHEN BARRETTO against CLAUDINE
BARRETO;

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 : The private counsel for the accused, Atty. REILOUS
FALCUTILA, is conducting or supervising my examination now at his law office
located at: 114 C. Santos Street, Bagong Ilog, Pasig City.

3. 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.

4. Q : Let us now proceed. On May 21, 2019, at about 10:00PM do


you recall what happened on that day?
A : Yes, Attorney. It was late in the evening and I was having
dinner with my girlfriend, CLAUDINE BARRETO, the accused in this case.

5. Q : Did you leave your residence an hour after or before 10:00PM


?
A : No, Attorney. I was home having a good time with my girlfriend
from the morning of the said date until the next day. She did not leave my sight as I
even accompanied her to the bathroom.

6. Q : Do you have any other proof to validate such claims?


A : Yes. I installed a CCTV in the living room of CLAUDINE
BARRETO’S apartment. The CCTV footage shows that from 9:00 PM until 10:30 PM,
CLAUDINE BARRETO and I were preparing dinner in the kitchen and eventually ate
dinner in front of the TV watching Netflix.

7. Q : Do you remember anything after 10:00PM of the said date?


A : Yes, at around 10:30 in the evening of the said date, the
Complainant arrived at my house banging the door and creating a scene outside of
my residence. She was accusing me then that I was the one who destroyed her wire
fence.

8. Q : What did you do then?


A : I was astounded and shocked at such allegations from the
Complainant. I did not confront nor argue with her, even if she was uttering
scandalous and profane words against CLAUDINE BARRETO as my girlfriend asked
me to stay out of it.

9. Q : What happened next, if any?


A : CLAUDINE BARRETO was invited by the Barangay for a
possible settlement.

10. Q : Did you accompany CLAUDINE BARETTO?


A : No, Attorney as we did not proceed to the Barangay.

11. Q : Why did you not heed the invitation?


A : We did not heed the invitations for two of the members of the
Lupong Tagapamayapa ng Barangay Hulo are relatives of the Complainant. Thus, it
is the ardent belief of the Accused that the Lupon will be impartial since the
Complainant has relatives.

12. Q : What do you think is the root cause of the filing of the charges
against CLAUDINE BARRETO by the Complainant?
A : Numerous times, I have observed how GRETCHEN BARRETO
shouts at her tenant ATONG ANG whenever she sees CLAUDINE BARRETO and
ATONG ANG speaking with other over the fence. As neighbors, they are cordial with
each other. There are rumors of the alleged relationship between ATONG ANG and
GRETCHEN BARRETO in the Barangay. The Complainant is known to be a jealous
woman and oftentimes, ATONG ANG and GRETCHEN BARRETO are being witnessed
by their neighbors to be fighting over text messages and the other “girlfriends” of
ATONG ANG. The instant Complaint maybe a manifestation of insecurities being
suffered by the Complainant.

13. Q : Are you willing to sign this affidavit consisting of three (3)
pages, to certify that all the statements you made are true.
A : Yes, attorney.

---------END OF STATEMENT----------

IN WITNESS WHEREOF, I hereunto set my hand below this 30th day of June, 2019 at
the City of Mandaluyong.

REYMART YAN
Affiant

SUBSCRIBED AND SWORN to before me this 30th day of June 2019 at the City of
Mandaluyong. Further, I certify that I personally examined the herein affiant that he
voluntarily executed and fully understood his statements.

ATTY. REILOUS FALCUTILA


Administering Lawyer
SWORN ATTESTATION OF THE LAWYER WHO CONDUCTED OR SUPERVISED
THE EXAMINATION OF THE COMPLAINANT.

The undersigned, of legal age, single, and with law office address: No. 114 C.
Santos, Brgy. Bagong Ilog, Pasig City, under oath, deposes and states:

1. I am the Private Counsel for the Accused, CLAUDINE BARRETTO;

2. I faithfully recorded or caused to be recorded the questions he asked and the


corresponding answers that the above-named witness gave;

3. Neither I nor any other person then present or assisting him coached the
witness regarding the latter's answers; and

4. He conducted the examination of the witness at his law office located at 114 C.
Santos, Brgy. Bagong Ilog, Pasig City.

City of Pasig, 30 June 2019.

ATTY. REILOUS FALCUTILA

SUBSCRIBED AND SWORN to before me in the City of Mandaluyong, affiant


showing his competent proof of identity, to wit: IBP ID No. 4537-22.

ATTY. JEI JOAQUIN


Notary Public

Doc. No. 397


Page No. 1000
Book No. 345
Series of 2019.

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