REPUBLIC OF THE PHILIPPINES

Regional Trial Court

National Capital Judicial Region
Branch 1166, Makati City

In the matter of the Petition

for Habeas Corpus of JOHNNY
D. MERCED
Sp. Proc. No. 09-019
For: Habeas Corpus
STELLA Y. MERCED
Petitioner.

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JUDICIAL AFFIDAVIT OF
PETITIONER STELLA Y. MERCED

I, Stella Y. Merced, of legal age, Filipino, married and residing

at Unit 27, Aruga Residence, Rockwell Drive, Makati City, Philippines,
petitioner in this case, state under oath as follows:

PRELIMINARY STATEMENT

The person examining me is Atty. Clarissa T. Bautista with

address at 12th Floor, Robinsons Business Park Tower 1, E.
Rodriguez Jr. Avenue, Ugong Norte, Quezon City. The examination
is being held at the same address. I am answering her questions
fully conscious that I do so under oath and may face criminal liability
for false testimony and perjury.

PURPOSE. This affidavit/testimony of petitioner STELLA Y.

MERCED is being offered to prove that Johnny D. Merced was
unlawfully detained and restrained of his liberty by SPO1 John F.
Daquis and SPO1 Henry L. Medina.

1. Q: Please state your name, age, and residence for the

record.

A: I am STELLA Y. MERCED, 43, married, residing at Unit

27, Aruga Residence, Rockwell Drive, Makati City,
Philippines.

2. Q: Why are you here now?

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A: To give a sworn statement by way of a judicial affidavit,

the same to constitute as my direct testimony in the above
captioned Special Proceeding.

3. Q: Can you 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 for the
record?

A: The legal counsel is Atty. Clarissa T. Bautista who is

conducting or supervising my examination at her law office
located at 12th Floor, Robinsons Business Park Tower 1, E.
Rodriguez Jr. Avenue, Ugong Norte, Quezon City.

4. Q: In what language do you want the examination to be

conducted?

A: This judicial affidavit is prepared in English but I would

like my cross examination to be conducted in English and
Filipino for my convenience and for clarity.

5. Q: Do you undertake to answer the questions to be asked of

you fully conscious that you are under oath and may face
criminal liability for false testimony and perjury?

A: Yes.

6. Q: Let us now proceed to the petition. Do you know Johnny

D. Merced for which the Matter of Petition for Habeas
Corpus was filed?

A: Yes. Johnny D. Merced is my nephew.

7. Q: Do you know SPO1 John F. Daquis and SPO1 Henry L.

Medina?

A: Yes.

8. Q: Why are you testifying in this case?

A: I am testifying in this case as the petitioner for the Matter

of Petition for Habeas Corpus of Johnny D. Merced.

9. Q: Do you know where Johnny D. Merced was on April 10,

2017?
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A: Yes. Johnny D. Merced is attending his 6 8 PM class at

the College of Liberal Arts at Lyceum of the Philippines
located in Intramuros, Manila.

10. Q: Can you relate what happened at around 7:30 PM on

that day?

A: While Johnny D. Merced is attending his class, SPO1

John F. Daquis and SPO1 Henry L. Medina entered the
class abruptly and took him without warrant of arrest.

11. Q: Do you have proof of this?

A: Yes. The personal accounts of Johnny D. Merceds

professor and classmates who were in class during the
incident (attached as Annex A).

12. Q: Do you know where SPO1 John F. Daquis and SPO1

Henry L. Medina brought Johnny D. Merced after he was
taken from his class?

A: Yes. They took him to the Makati Central Police

Headquarters where he was detained for over thirty-six
(36) hours.

13. Q: Do you have proof of this?

A: Yes. I was informed about the incident by his professor

and classmates through a phone call and I immediately
went to the Makati Central Police Headquarters where
Johnny D. Merced was illegally detained. I stayed there
the entire time that my nephew was detained thus my
personal knowledge of the number of hours he was there.

14. Q: Did you try to secure his release from the Makati
Central Police Headquarters?

A: Yes. I tried talking to the officer in charge and to SPO1

John F. Daquis and SPO1 Henry L. Medina who took my
nephew from his class but they would not give me a
complete answer.

15. Q: Anything else?

A: No more.

IN WITNESS THEREOF, I have hereunto set my hand this 14th

day of April, 2017.
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STELLA Y. MERCED
Petitioner/Affiant

ATTESTATION CLAUSE

I, ATTY. CLARISSA T. BAUTISTA, hereby attest that I faithfully

recorded the questions propounded and the corresponding answers
given by the witness STELLA Y. MERCED. I duly interpreted the
questions I asked in the Tagalog dialect which the witness
understands and she provided the answers the best way she could
which were duly translated by me in the ENGLISH language. I did
not in any way coach or teach or instruct the witness on how to
answer or any other person or persons then present or assisting the
witness the latters answers.

ATTY. CLARISSA T. BAUTISTA

Roll No. 62591-2008
IBP No. 878152-1/6/16
PTR No. 4315684-1/6/16
MCLE Compliance III No. 0010231

April 14, 2017

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in

and for Quezon City this 17th day of April 2017. Affiant personally
came and appeared with her drivers license issued by the Land
Transportation Office on November 2016 at Quezon City, bearing her
photograph and signature, 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.

ATTY. DENNIS F. TEJANO

Notary Public

Doc. No. 27
Page No. 3
Book No. 2
Series of 2017