You are on page 1of 4

Republic of the Philippines)

City of Zamboanga . . . . . . . .)S.S.


x--------------------x

JUDICIAL AFFIDAVIT OF GIAN DINI

PRELIMINARY STATEMENT

This affidavit is executed by GIAN DINI in answer to questions propounded to


him by ATTY. GAJIER M. ABDULCADIL on the 7th day of September 2018 at the
latter’s office address at 1st floor Be-Ed Building, Barangay Zone 3, Zamboanga City,
Philippines. The questions were asked in English and answered in English, a language
known to the affiant. The affiant, expressly manifested that he is answering the question
asked to him, fully conscious that he is doing so under oath and that he may face criminal
liability for false testimony or perjury.

This testimony of the witness is being offered to prove that CARLOS SANTOS
and GIGI NAKO cannot be prosecuted for CONCUBINAGE.

QUESTIONS AND ANSWERS

Q-1: Please state your name, age and other personal circumstances for the record.
A-1: I am GIAN DINI, Filipino, 33 years old, single, and currently a resident of
Garden of Eden Road, Naga, Bicol Philippines.

Q-2: What is the purpose of your visit to this office?


A-2: I am here to give my voluntary testimony as witness in relation to the
concubinage case filed against respondents CARLOS SANTOS and GIGI NAKO
by JULIA SANTOS.

Q-3: Do you know the complainant in the case?


A-3: Yes but not personally.

Q-4: How did you come to know the complainant?


A-4: She the wife of my childhood friend and Boss, Carlos Santos

Q-5: Do you know both the respondent-husband?


A-5: Yes.

Q-6: How did you come to know the respondent- husband?


A-6: He was my childhood friend from Zamboanga City before my family and I
migrated to Bicol. We left when I was still in 1st year high school.

Q-7: How did you become childhood friends?


A-7: We used to be neighbors in Santiago Village, Lumbangan, Divisoria where I grow
up.

Q-8: How long do you know each other?


A-8: We knew each other since we were in diapers. My mom and respondent-
husband’s mom are close friends. We were even classmates in Lumbangan
Elementary School, which was near to our home.
(MANIFESTATION: Witness has in his possession the object evidence referred to in the above
paragraph; to be submitted to the court for admission and consideration.)

1
Q-9: How was your relationship with each other?
A-9: Respondent-husband and I very close, we even call each other by the first letter of
our names which started when we were kids and having a hard time completing
each ones names. He is like a brother to me and because of it I feel comfortable
with him. I always like joking around respondent-husband and even send him
some crazy and ramdom text messages, which we just laugh about.

Q-10: What happened when you left?


A-10: At first we kept in touch until I drop out of college and because of our busy
schedules, we lost communications.

Q-11: How did you cross each paths again?


A-11: It was on November 04, 2017 when we accidently bump each other in a
convenience store in Naga, Bicol. I was surprised in seeing him again since I
never thought we would see each other in Bicol. I came to know that was starting
a construction project in our place. I had just finished my contract with another
construction company as a foreman and when respondent-husband came to know
about it, he invited me to be the foreman of his bicol project which I accepted
immediately.

Q-12: When did you start working with the respondent-husband?


A-12: I started working with on November 6, 2017.
(MANIFESTATION: Witness has in his possession the object evidence referred to in the above
paragraph; to be submitted to the court for admission and consideration.)

Q-13: Do you know co-respondent?


A-13: Yes.

Q-14: How did you come to know co-respondent?


A-14: She is my common law partner of 5 years. She was my first close friend when I
migrated in Bicol. We are currently staying with co-respondent’s parents.
(MANIFESTATION: Witness has in his possession the object evidence referred to in the above
paragraph; to be submitted to the court for admission and consideration.)

Q-15: What is her work?


A-15: She used to be a freelance secretary of the respondent-husband then after her
contract was terminated, she was hired by the same as their household maid in
their dwelling in Zamboanga.
(MANIFESTATION: Witness has in his possession the object evidence referred to in the above
paragraph; to be submitted to the court for admission and consideration.)

Q-16: How was your relationship with the co-respondent when she was in Zamboanga?
A-16: We always talk every night but would not see her, this made me missed her very
much.

Q-17: What would you usually talk about?


A-17: Co-respondent would usually share with me her day and how she keeps to herself
most of the time that made her homesick

Q-18: What did she do about her being homesick?


A-18: It was on April 27, 2018 when she called me informing me that she would be
coming home and that respondent-husband would initially pay for the ticket and it
will just be deducted on her salary. Upon hearing this, I offered to share with the
expense of her ticket. She ask complainant’s permission for her to go back to

2
Bicol which the complainant gave. She came back to Bicol on May 6, 2018 for
only 2 days.
(MANIFESTATION: Witness has in his possession the object evidence referred to in the above
paragraph; to be submitted to the court for admission and consideration.)

Q-19: What sis you do when co-respondent was in Bicol?


A-19: We went to Legazpi City and celebrate our Anniversary there.
(MANIFESTATION: Witness has in his possession the object evidence referred to in the above
paragraph; to be submitted to the court for admission and consideration.)

Q-20: Who shouldered for the co-respondent’s airfare?


A-20: Respondent-husband initially paid for the ticket which the co-respondent and I
later paid back through salary deduction.
(MANIFESTATION: Witness has in his possession the object evidence referred to in the above
paragraph; to be submitted to the court for admission and consideration.)

Q-21: How was your relationship with your co-worker?


A-21: My relationship with them is good aside from my immediate boss, Matthew Kang
who would from time to time gives me cold shoulder. The co-respondent and I
knew that he didn’t like us that much since I was very close with the respondent -
husband who would sometime listen to my opinion rather than his.

Q-22: What do you usually do after work?


A-22: My co-workers and I would sometime go out for a drink or dinner whenever
respondent-husband invites us. Co-respondent would also tag along with me.

Q-23: How is your relationship with co-respondent?


A-23: the co-respondent and I have been together as common law partner for 5 years
and we are saving up for our church wedding and for a small house for the t=both
of us.

IN WITNESS WHEREOF, I have hereunto set my hand, this 7th day of


September 2018 at Zamboanga City, Philippines.

GIAN DINI
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, this 7th day of September


2018 at Zamboanga City, Philippines, affiant who is personally known to me further
exhibited his competent evidence of identity in the form of his SSS ID No. 223325 and
that I have personally examined the affiant and I am fully satisfied that he voluntarily
executed and understood the contents of his affidavit.

ATTY. GAJIER M. ABDULCADIL


Roll No. 3598-2658
PTR No. 12568 / January 04, 2018 – Z.C.
IBP. No. 85686/ January 05, 2017 – ZAMBASULTA
MCLE 5th Compliance No. V-13636/ 04-25-2018 to 04-25-2019 Z.C.

3
Doc. No.: _____
Page No.: _____
Book No.: _____
Series of 2018

ATTESTATION

I, ATTY. GAJIER M. ABDULCADIL of legal age, Filipino, married and with


office address at 1st floor Be-Ed Building, Barangay Zone 3, Zamboanga City,
Philippines, do hereby depose and state, that:

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


corresponding answers that the respondent gave in accordance with Section 4
of A.M. 12-8-8-SC otherwise known as the Judicial Affidavit Rule;

2. Neither I nor any other person then present or assisting with the above-stated
Judicial Affidavit coached the respondent regarding the answers given by the
latter;

3. I am executing this affidavit to attest to the authenticity, genuineness, and


veracity of the facts laid down in the above Judicial Affidavit of the
respondent for whatever legal purpose it may serve within the boundaries set
forth by law.

IN WITNESS WHEREOF, I have hereunto set my hand, this 7th day of


September 2018 at Zamboanga City, Philippines.

ATTY. GAJIER M. ABDULCADIL


Roll No. 3598-2658
PTR No. 12568 / January 04, 2018 – Z.C.
IBP. No. 85686/ January 05, 2017 – ZAMBASULTA
MCLE 5th Compliance No. V-13636/ 04-25-2018 to 04-25-2019 Z.C.

SUBSCRIBED AND SWORN TO BEFORE ME, this 7th day of September


2018 at Zamboanga City, Philippines.

ATTY. EDZ ABON


Roll No. 12345-67890
PTR No. 012121 / January 04, 2018 – Z.C.
IBP. No. 35896/ January 05, 2017 – ZAMBASULTA
MCLE 5th Compliance No. V-11121/ 04-25-2018 to 04-25-2019 Z.C.

Doc. No.: _____


Page No.: _____
Book No.: _____
Series of 2018