JUDICIAL AFFIDAVIT

A.M. No. 09-4-4-16, September 30, 2016

JUDICIAL AFFIDAVIT

I, Sherwin T. Lingating, 26 years of age, single, Filipino and residing

at Room 2, Digamon Apartments, Dugwell, Sta. Isabel, Dipolog City,
Zamboanga del Norte, under oath, , and with full knowledge that my if
answers are not true, I may face criminal liability for false testimony of
perjury, hereby depose:
That I can read and understand English but humbly request that during
the presentation of the testimonial evidence, the same be done in the
Cebuano/Visayan dialect where I am more comfortable and fluent.

QUESTIONS AND ANSWERS

Q1 - Please state your name, age, residence and occupation.

A1 - I am Sherwin Lingating, 26 years of age and a resident of Dugwell,
Sta. Isabel Dipolog City. I am a law student of Andres Bonifacio College. I
am working as a Virtual Assistant to an Australian-Based company at present.

Q2 - Why are you here now?

A2 - To give a sworn statement by way of a judicial affidavit, the same way
as to constitute it as my direct testimony on the above-mentioned criminal
case; that I did not steal the mobile phone of the plaintiff on September 30,
2016 at 4PM during the ORADEC.

Q3 - 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?
A3 - Yes.

Q4 - Do you know the plaintiff named Teonilo Bagalanon Jr?

A4 - Yes. He is my friend and my classmate at Andres Bonifacio College
School of Law.

Q5 - How long have you known him?

A5 - Since June this year, we took the entrance exam together.

Q6 - Are you familiar with the mobile phone that was lost on September
30, 2016 during the ORADEC activity at ABC?
A6 - No.

Q7 - On September 30, 2016 at exactly 4PM, where were you?

A7 - I was at the ABC GP building attending the Speeches and Lyrics
Competition of the School of Law.

Q8 - Can you state who you are with?

A8 - My classmates, Rianne Marie Miranda, Theresa Liberty Maluto and
Marie Grace Pausal.

Q9 - Where were you seated during the whole duration of the activity?
A9 - I was seated next to my classmates I mentioned, at the back portion of
the room behind the spotlight.

Q10 - During the time that the activity started, was there a moment that you
went out from the location? If yes, why?
A10 - Yes. I went out to fetch Mary Grace from the ground floor of the
building and Teonilo was also going down the building the same time
as me.

Q11 - Can you state if was there a time that you used the mobile phone of
the plaintiff during that day?
A11 - No. There was never a time that I used his mobile phone, I used my
own phone when I took pictures of me and my classmates during the
event.

Q 12 - Can you tell exactly when was the exact time that mobile phone was
lost?
A12 - No. I was not aware.

Q13 - Did you stole the mobile phone of the plaintiff?

A13 - No.

Q14 - Anything else?

A14 - Yes. I manifest that I plead not guilty of this case. The plaintiff’s
contention is not true. There is no enough evidence to show that I stole the
mobile phone. All of the statements presented by the plaintiff were just all
circumstantial. Furthermore, this should not be taken against me on the ground
that there was no enough evidence presented.
Nothing follows.

IN WITNESS WHEREOF, I have hereunto affixed my signature,

below this 17th day of October, 2016, at Dipolog City, Philippines.

Sherwin T. Lingating
Affiant

SWORN ATTESTATION
I, Atty. Bryne Angelo M. Brillantes, hereby confirmed that I prepared
the Judicial Affidavit of Sherwin L. Lingating or that it was taken and
prepared in my presence and that the foregoing is a complete and faithful
record of the questions asked and the corresponding answer that he gave. All
the answers in the Affidavit were supplied by him who was not coached nor
influenced by anybody, as the same were all voluntarily and spontaneously
given by him.

ATTY. BRYNE ANGELO M. BRILLANTES

Lawyer/Counsel

SUBCRIBED AND SWORN to before me on the date and place

above-written.