Judicial Affidavit of Elizabeth Arpon - Unjust Vexation

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REPUBLIC OF THE PHILIPPINES

Department of Justice
National Prosecution Service
PROVINCIAL PROSECUTOR’S OFFICE
Bulwagan ng Katarungan
Magsaysay Boulevard, Tacloban City

People of the Philippines,


Plaintiff

-versus- Criminal Case No.


For: Unjust Vexation

Rosenda K. Bartolome,
Accused
x-----------------------------x

JUDICIAL AFFIDAVIT
 
I, Elizabeth Arpon, married, resident of Barangay Picas, Barugo, Leyte, after having been duly sworn
in accordance with law, hereby depose and say:

PRELIMINARY STATEMENT
The person examining me is Atty. Sixto Azcarraga with office address at Rizal Street, Jaro, Leyte, the
same address where the examination was held.

I am answering his questions fully conscious that I do so under oath, and I may face criminal liability
for false testimony or perjury.

JUDICIAL AFFIDAVIT PROPER

1.    Q- Please state your name, age, residence, and occupation.

A- I am Elizabeth Arpon, of legal age, resident of Barangay Picas, Barugo, Leyte. I am a


housewife.

2.     Q- Why are you here now?

A- To give my sworn statement by way of a judicial affidavit, the same to constitute as my direct
testimony as a witness in support of our above captioned criminal case.

3      Q- In what language do you want your examination to be conducted?

A- In English, Sir.
4. Q- Where were you on February 14, 2019, around 4:40PM?
A- I was at the vicinity of Jaro Municipal Building Licensing Office to see Marissa Varona. I was
waiting near the Licensing Office about five (5) meters from the entrance door when Marissa
Varona went out together with one middle-aged lady, who I later came to know was Rosenda K.
Bartolome.

5. Q- What happened while you were waiting for Marissa Varona?


A- I saw Marissa Varona and Rosenda K. Bartolome talked to each other outside the Licensing
Office. Then I saw Rosenda K. Bartoleme uttering in a loud voice the following words to Marissa
Varona:

“ Ikaw iton imo baba uukuya ha! Mayda maestra nga nagyakan ha akon nga nag aro akon pasaylo
ha imo! Waray ako pangangaro hin pasaylo ha imo. Tikang ka la makatrabaho ha licensing office
nagdaku na imo buot. Napakasikaiyot ka na!”

which to my understanding has the equivalent meaning, “Your mouth has to stop. There is a
teacher who told me that I asked for your forgiveness. I did not ask any forgiveness from you. From
the time you started working at the Licensing Office you have become conceited and arrogant.”

6. Q- What was the reaction of Marissa Varona?


A- I heard Marisa Varona replied by stating the following in vernacular:

“Hin-o man ito nga maestra nga nagsumat ha imo? Kay waray man nganin ako kakadto ha
eskwelahan kay waray pa ngani pakakasulod iton akon anak tikang hiya maospital! “

which to my understanding has the equivalent meaning, “who is that teacher that told you that? I
have not been to the school since the time my child was brought to the hospital.”

7. Q- Under what circumstances at that time when Rosenda Bartolome uttered those words to Marissa
Varona?
A- At that time many people were around, including the co-employees in the Licensing Office,
since the office hours is about to end, and people around are readying to leave for home.
8. Q- What other things you saw and heard while Marissa Varona and Rosenda Bartoleme were
talking to each other?

A- I saw that while Rosenda are uttering those words, she was at the same time pointing an
accusing finger to Marissa Varona’s face. Their distance to each other is only arm’s length away. I
thought Marissa Varona will be physically assaulted but good it did not happen. The verbal assault
of Marissa Varona by Rosenda was heard by many people in fact some were looking towards their
direction.

9. Q- What happened after that?


A- Rosenda was not contented with her verbal assault to Marisa Varona I heard her further stated
the following words:

“Iton imo kabuwaon imo mga anak nauuntolan! Imo ngani usa na anak ay usa na special child na
kulang pag-iisip.”
which to my understanding has the equivalent meaning, “Because of you being a liar your children
suffers. See, you have one special child who is an imbecile.”

10. Q- What happened after the incident?


A- After the incident I saw Marissa Varona visibly shaken of what happened and went to the Police
Station to report what happened then later we both went to Marissa Varona’s house in Barangay 3
to discuss about what happened.

11. Q- What is your purpose in making the foregoing statements?


A- I am making the above statements to attest to the truth of the foregoing and to serve as a witness
in the above-captioned case for Unjust Vexation against Rosenda Bartolome.

IN WITNESS WHEREOF, I have hereunto set my hand this _______day of April 2019, at Jaro, Leyte.

ELIZABETH ARPON

SUBSCRIBED AND SWORN to before me this ____ day of April 2019 affiant presented to me
his/her Community Tax Certificate No. __________________ issued at Jaro, Leyte on _____________,
2019.
Known to me and known to be the same person who executed the foregoing affidavit.

Book No. ________


Doc. No._________
Page No. ________
Series of 2019

SWORN ATTESTATION OF THE LAWYER WHO CONDUCTED OR SUPERVISED THE


EXAMINATION OF THE WITNESS.

The undersigned Atty. Sixto Azcarraga, of legal age, married, with office address at Rizal Street, Jaro,
Leyte, under oath, deposes and states:
 
1. I was the one who conducted the examination of witness Marissa Varona at my office in Rizal
Street, Jaro, Leyte.
2. I have faithfully recorded or caused to be recorded the questions I asked and the
corresponding answers  that  the witness gave;

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

Jaro, Leyte, April _____, 2019.

ATTY. SIXTO AZCARRAGA


Affiant

SUBSCRIBED AND SWORN to before me this ____ day of April 2019 affiant presented to me
his/her Community Tax Certificate # ________________ issued on ______________ issued at Jaro,
Leyte.
Known to me and known to be the same person who executed the foregoing instrument.

Book No. ________


Doc. No._________
Page No. ________
Series of 2019

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