Scribd Logo
Upload

Welcome to Scribd!

  • 68 views

    Regional Trial Court: Republic of The Philippines Ninth Judicial Region Branch 12 Zamboanga City

    Uploaded by

    Reesee Reese
    Cardo Dalisay was accused of homicide after shooting and killing his driver in his kitchen on April 21, 2018. In his judicial affidavit, Dalisay states that he was awakened by noises from his kitchen late at night. When he investigated, he found the kitchen door slightly open but no one answered his calls. He pushed the door open further and saw a man inside who was trying to grab the kitchen knives. Fearing for his and his family's safety, Dalisay fired his gun. The lights then came back on and Dalisay discovered that the man inside was actually his driver, who had stopped breathing. Dalisay asked the housemaid to call an ambulance but his driver was already dead when

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Regional Trial Court: Republic of The Philippines Ninth Judicial Region Branch 12 Zamboanga City

    Uploaded by

    Reesee Reese
    68 views5 pages
    Cardo Dalisay was accused of homicide after shooting and killing his driver in his kitchen on April 21, 2018. In his judicial affidavit, Dalisay states that he was awakened by noises from his kitchen late at night. When he investigated, he found the kitchen door slightly open but no one answered his calls. He pushed the door open further and saw a man inside who was trying to grab the kitchen knives. Fearing for his and his family's safety, Dalisay fired his gun. The lights then came back on and Dalisay discovered that the man inside was actually his driver, who had stopped breathing. Dalisay asked the housemaid to call an ambulance but his driver was already dead when

    Original Description:

    judicial affidavit

    Original Title

    JA Accused

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Cardo Dalisay was accused of homicide after shooting and killing his driver in his kitchen on April 21, 2018. In his judicial affidavit, Dalisay states that he was awakened by noises from his kitchen late at night. When he investigated, he found the kitchen door slightly open but no one answered his calls. He pushed the door open further and saw a man inside who was trying to grab the kitchen knives. Fearing for his and his family's safety, Dalisay fired his gun. The lights then came back on and Dalisay discovered that the man inside was actually his driver, who had stopped breathing. Dalisay asked the housemaid to call an ambulance but his driver was already dead when

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    68 views5 pages

    Regional Trial Court: Republic of The Philippines Ninth Judicial Region Branch 12 Zamboanga City

    Uploaded by

    Reesee Reese
    Cardo Dalisay was accused of homicide after shooting and killing his driver in his kitchen on April 21, 2018. In his judicial affidavit, Dalisay states that he was awakened by noises from his kitchen late at night. When he investigated, he found the kitchen door slightly open but no one answered his calls. He pushed the door open further and saw a man inside who was trying to grab the kitchen knives. Fearing for his and his family's safety, Dalisay fired his gun. The lights then came back on and Dalisay discovered that the man inside was actually his driver, who had stopped breathing. Dalisay asked the housemaid to call an ambulance but his driver was already dead when

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 5

    Republic of the Philippines

    Ninth Judicial Region


    REGIONAL TRIAL COURT
    Branch 12
    Zamboanga City

    People of the Philippines Criminal Case No. 123


    Plaintiff,

    -versus-
    For: HOMICIDE

    Cardo B. Dalisay
    Accused.

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

    JUDICIAL AFFIDAVIT
    of Cardo Dalisay

    I, Cardo Dalisay, of legal age, married, Filipino, with postal address in


    Barangay Sta. Maria, Zamboanga City, after having been duly sworn to in
    accordance with law, fully conscious that I am answering the following
    questions under oath, and that I may face criminal liability for false testimony
    or perjury and said judicial affidavit was conducted at the Law Office of Atty.
    Anne Rose N. Aure located at Nuñ ez Street, Barangay Zone III, Zamboanga
    City, which taking was done in English which I can fully comprehends and
    speaks, hereby deposes and states as follows:

    OFFER OF TESTIMONY
    This affidavit of the accused, Cardo B. Dalisay is being offered to prove
    that he did not shoot the victim with intent to kill, to identify this affidavit and
    other matters related to or germane to his main testimony.

    DIRECT TESTIMONY
    Question 1: Please State your name and other circumstances for the record.
    Answer 1: I am Cardo Balaboy Dalisay, 49 years of age, married, and residing
    at Barangay Sta.Maria, Zamboanga City.
    Question 2: Why are you here in my office today?
    Answer 2: I am going to give my testimony in relation to the incident which
    transpired on April 21, 2018 in which I was accused.
    Question 3: Where were you on the night of April 21, 2018?
    Answer 3: I was at my home in Brgy. Sta. Maria.

    Page | 1
    Question 4: Was there anything unusual incident that transpired in your
    house during that night?
    Answer 4: I was woken up by the noise coming from our dirty kitchen.
    Question 5: How certain you are that the sound came from your kitchen?
    Answer 5: I am sure maam because our kitchen is adjacent to our room and
    before we went to bed, we open our window because there would be a black-
    out as per notice posted by the ZAMCELCO in their facebook account.
    Q6: So what did you do after?
    A6: I headed downstairs to check.
    Q7: What happened after?
    A7: When I was approaching the door of our kitchen I called one of our
    housemaids but no one answered.
    Q8: When you arrive, what happened?
    A8: I became suspicious to see that our kitchen door was slightly open but no
    one answered my call.
    Q9: How do you able to saw that the door was open when the lights are out?
    A9: We attached an emergency light adjacent to our kitchen maam.
    Q10: Why were you suspicious by the way?
    A10: Because our maids are usually very cautious that after they are done
    with their work, they always make sure that all doors are locked before going
    to bed.
    Q11: At what time do they usually stops working?
    A11: They usually end their work at ten o’clock in the evening.
    Q12: Are your maids not allowed to use your kitchen after their work?
    A12: They are allowed maam but since they have their own kitchen and
    comfort rooms in their room they do not have to use the main kitchen in the
    middle night.
    Q13: So what did you do after you saw your kitchen door slightly open?
    A13: I tried to open the door more, but I cannot.
    Q14: Why can’t you open it?
    A14: Because someone was also on the other side of superior strength trying
    to closed the door as I pushed it.
    Q15: Have you seen anybody on the other side?
    A15: No maam because it was impossible for me to have my head peeped
    inside to saw who it was or for me to saw the whole room.
    Q16: How do you know that it was someone else?
    A16: It was already one o’clock in the morning maam, nobody was expected to
    use the kitchen neither did we expect a visitor.

    Page | 2
    Q17: When you thought that somebody else was inside, what did you do after?
    A17: I open the door again with a space so enough to allow me to see the
    whole room then I saw a man standing with his back to mine;
    Q18: So you were still at the door when you saw him?
    A18: Yes maam.
    Q19: When you saw the man, was there any possibility that you might know
    him?
    A19: No maam because his jacket was too big that I cannot fit him to any
    description of a person that I probably know and he was wearing a cup.
    Q20: So, what happened after?
    A20: I saw him moving towards the sink trying to get hold unto the knives.
    Q21: How can you say that it was the knives that he was trying to get?
    A21: I am very familiar of the place maam.
    Q21: After seeing that what have you done?
    A21: Fearing for my life and the lives of my children and because of the
    circumstances that happened before I have peeped into the door it prompted
    me to fire my gun maam.
    Q22: Was the light still out when you fired your gun?
    A22: Yes maam.
    Q23: What happened after?
    A23: I just heard that someone or something fall prostrate on the floor, then
    the lights came back.
    Q24: Then what happened?
    A24: I look for the man then I saw him lying on the floor.
    Q25: When you saw him, what did you do?
    A25: I came forward to identify him and saw that he was bleeding.
    Q26: Have you identified him? What did you do to him when you saw that he
    was bleeding?
    A26: Yes maam, I was shocked and restless upon seeing the face of the man.
    Q27: Why were you shocked?
    A27: Because the man whom I thought was a robber was my driver who has
    been with me for several years maam.
    Q28: So what did you do to him?
    A28: I tried to help him and revived him. I covered his wound to stop him
    from bleeding.
    Q29: So what happened after?
    A29: Manang Pinang, our housemaid arrived at the kitchen, and then I asked
    her to call an ambulance immediately.

    Page | 3
    Q30: So what happened?
    A30: I just realized that my driver just stopped from breathing then my wife
    came with the police.
    IN WITNESS WHEREOF, I have hereunto set my hand this 11th day of
    January, 2019 at Zamboanga City, Philippines.

    CARDO B. DALISAY
    Affiant

    SUBSCRIBED AND SWORN to before me this 11th day of January, 2019 at


    Zamboanga City, affiant personally appeared and exhibited to me his Passport
    Identification Card bearing Number 568-0034-155 issued by the Department of Foreign
    Affairs in Zamboanga City, Philippines.

    Doc. No. 004 ATTY. ANNE ROSE N. AURE


    Page No. 001 NOTARY PUBLIC
    Book No. 027 Nuñez St., Zone III Z.C.
    Series of 2019. PTR No. 6175-66-7815, ZC
    ROLL No. 2016-0087-25
    MCLE IV NO. 000876547
    Tel.#: 992-066

    Republic of the Philippines…)


    City of Zamboanga…...…...….)S.S.
    x---------------------------------------x

    ATTESTATION

    I, ANNE ROSE N. AURE of legal age, Filipino, single and with office address at
    Nuñez Street., Zone III, Zamboanga City, after having been duly sworn to in
    accordance with law, do hereby depose and say:

    1. That this affidavit is taken from witness CARDO DALISAY y BALABOY in


    relation to the above-captioned case;
    2. That in accordance with Section 4, A.M. No. 12-8-8-SC otherwise known as
    the “Judicial Affidavit Rule”, I have faithfully recorded or caused to be recorded the
    questions asked to the witness as well as the corresponding answers given by him;
    3. That he was not coached, in any manner, in giving him answers to the
    questions propounded by the undersigned;
    4. That I am executing this affidavit to attest to the veracity of the foregoing
    facts and for whatever legal purposes it may serve within the bounds of law.

    IN WITNESS WHEREOF, I have hereunto set my hand and affixed my signature


    th
    this 11 day of January, 2019 at Zamboanga City, Philippines.

    ANNE ROSE N. AURE

    Page | 4
    Affiant

    SUBSCRIBED AND SWORN TO before me this 11th day of January, 2019 at


    Zamboanga City, Philippines.

    ANNE ROSE N. AURE


    Affiant

    Doc. No. 134; ATTY. IVON MARIE BULABON


    Page No. 086; NOTARY PUBLIC
    Book No. 032; Nuñez St., Zone III, ZC
    Series of 2019. PTR No. 6362-66-7876, ZC
    ROLL No. 2016-01287-24
    MCLE IV NO. 9098767
    Tel. #: 998-897

    Page | 5

    You might also like