JA Defendant - Final

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    REPUBLIC OF THE PHILIPPINESREGIONAL TRIAL COURT

    10thJudicial RegionBRANCH 29

    City of Surigao

    PEOPLE OF THE PHILIPPINES,Plaintiff,

    Criminal Case No. 009911-versus- FOR: Murder

    EDWIN RAMOS,

    Accused.x-----------------------------------x

    JUDICIAL AFFIDAVIT OF DARWIN RAMOS

    I, EDWIN RAMOS, Filipino, 28 years of age, married, an office employee by occupation and

    a resident of Roxas St, Surigao City, Philippines, after having been sworn to in accordance with

    law, hereby depose and say:

    1. That I am testifying as a defendant in the above-entitled case;

    2. That this Judicial Affidavit is taken upon examination of Atty. Lowell L. Lopez, at his

    office at 2nd

    Floor L. Lopez Building, Burgos St., Surigao City, where my statements

    where taken on December 8,2013;

    3. That I am answering the questions asked of me, fully conscious that I am doing this under

    oath and that I may face criminal liability for false testimony or perjury if I state a

    falsehood in my testimony.The whole process of interrogation has been done in the englishlanguage, a language well known to me;

    4. That the following are the questions asked of me and my corresponding answers thereto:

    Q1. Please state your personal circumstances.

    A1. I am Edwin Ramos, filipino, 28 years of age, married, an office worker by profession

    and a resident of Roxas St., Surigao City.

    Q1. Do you know Donald Cuabo, the victim in this case?

    A1. Yes, I know him.

    Q2. How did you come to know the victim?

    A2. We sometimes play poker together.

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    Q3. Is it true that at one time while playing poker with the victim Donald Cuabo, you got

    into an argument with him?

    Q3. Yes, that is true.

    Q4. What was the reason for the argument?

    A4. The victim accused me of cheating while we were playing poker.

    Q5. In her affidavit, the wife of the victim, Julie Cuabo, stated that you had threatened to

    kill the victim because of an argument that you had with him over a poker game. Is that

    true?

    A5. No, that is not true. We only exchanged heated words but I never gave a threat on his

    life.

    Q6. In his judicial affidavit, witness for the prosecution Daisy Labastida said that on

    November 30, 2013, which was the day that the shooting to death of Donald Cuabohappened, at around 7:30 pm , you were at her store , is this true?

    A6. Yes, it is true.

    Q7. What were you doing at her store?

    A7. I was very thirsty at that time, so I decided to go to her store to buy a softdrink to

    quench my thirst.

    Q8. Daisy Labastida also stated in her affidavit that while you were at her store, you were

    constantly glancing at the house of the victim Donald Cuabo, is that statement correct?

    A8. No sir, I was not constantly glancing at the house of the victim. I was just looking atthe houses around the neighborhood while I was drinking the softdrink which is a normal

    thing to do.

    Q9. Daisy Labastida also stated in the affidavit that when the victim passed by her store,

    you drew a gun from your waist and walked after the victim. Is this true?

    A9. No, that is not true. The only action I was doing at that time while I was walking away

    from the store was adjusting my belt because it was too tight.

    Q10. So you were not carrying a gun during that time?

    A10. No, I was not carrying a gun.

    Q11. So you did not shoot and kill Donald Cuabo?

    A11. No, I did not shoot and kill Donald Cuabo.

    Q12. While you were at Daisy Labastidas store what happened next?

    A12. After I drank the softdrink I left the store and headed for my house.

    Q13. What happened after you left the store?

    A13. A few moments after leaving the store I heard a gunshot.

    Q14. What happened after you heard the gunshot?

    A14. I ran towards Roxas St. because I was afraid that something bad would happen to

    me.

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    Q15. After running towards Roxas St., what happened?

    A15. I reached my house, entered it and locked the door.

    Q16. What happened next?

    A16. I waited for my wife to come home. She arrived at around past 8 in the evening and

    she then told me that Donald Cuabo had been shot and killed a while ago.

    Q17. Do you have anything more to say?

    A17. No, except if I will be asked further.

    IN WITNESS WHEREOF I have set my hand this December 8,2013 at Surigao City,

    Province of Surigao del Norte.

    EDWIN RAMOS

    AffiantPhilippine Drivers License No. 137852-2 issued on January 4,2013

    SUBSCRIBED AND SWORN to before me this 4th

    day of January,2013 at Surigao City,Surigao del Norte, Affiant exhibiting to me his Philippine Drivers License No. 137852-2 issued

    on 1/4/13 and expiring on 1/4/13.

    Doc No. ________;

    Page No. _______ ;

    Book No. _______;

    Series of ________.

    ATTESTATION

    I hereby state, under oath, that I faithfully recorded the questions I asked and the corresponding

    answers that the witness gave and that neither I nor any other person present or assisting me has

    coached the witness regarding the latters statement.

    ATTY. LOWELL L. LOPEZ

    Affiant

    SUBSCRIBED AND SWORN to before me this 4th

    day of January,2013 at Makati City, Affiantexhibiting to me his drivers license bearing No. 030573-4 expiring on 09/08/2013.

    Doc No. ________;

    Page No. _______ ;

    Book No. _______;

    Series of ________.

    Copy Furnished:

    Office of the City Public Prosecutor, Surigao City

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    Surigao City