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    kirby-JA 1

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    Kirby Racaza Silva provided a judicial affidavit regarding criminal charges filed against them by Jovy Kris Bayot. Silva admitted to taking 10,000 pesos from Bayot to process an application for overseas employment, but the application was disapproved due to missing documents. Silva claims they returned the money to Bayot, but Bayot filed a case against them anyway. Silva prays the court will dismiss the case against them.

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    kirby-JA 1

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    Kirby Racaza Silva provided a judicial affidavit regarding criminal charges filed against them by Jovy Kris Bayot. Silva admitted to taking 10,000 pesos from Bayot to process an application for overseas employment, but the application was disapproved due to missing documents. Silva claims they returned the money to Bayot, but Bayot filed a case against them anyway. Silva prays the court will dismiss the case against them.

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    Kirby Racaza Silva provided a judicial affidavit regarding criminal charges filed against them by Jovy Kris Bayot. Silva admitted to taking 10,000 pesos from Bayot to process an application for overseas employment, but the application was disapproved due to missing documents. Silva claims they returned the money to Bayot, but Bayot filed a case against them anyway. Silva prays the court will dismiss the case against them.

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    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    47 views3 pages

    kirby-JA 1

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    gio sususco
    Kirby Racaza Silva provided a judicial affidavit regarding criminal charges filed against them by Jovy Kris Bayot. Silva admitted to taking 10,000 pesos from Bayot to process an application for overseas employment, but the application was disapproved due to missing documents. Silva claims they returned the money to Bayot, but Bayot filed a case against them anyway. Silva prays the court will dismiss the case against them.

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    of 3

    1

    Republic of the Philippines


    MUNICIPAL TRIAL COURT
    7th Judicial Region
    Minglanilla, Cebu

    PEOPLE OF THE PHILIPPINES


    PLAINTIFF

    - versus- CRIM. CASE NO. 14-08-59


    FOR: ETAFA

    KIRBY RACAZA SILVA


    ACCUSED,
    x-------------------------------------------------------------------/

    JUDICIAL AFFIDAVIT
    (KIRBY RACAZA SILVA)

    I, KIRBY RACAZA SILVA, , Filipino, of legal age, and with residence at


    Minglanilla, Cebu, after having been duly sworn in accordance with the law,
    the petitioner hereby answers the following questions:

    PRELIMINARY STATEMENT

    The person examining me is Atty. Giovanni D. Sususco with office address


    at Central Poblacion, City of Naga, Cebu. The examination is being held at
    the Talisay City Jail. I am answering his questions fully conscious that I do
    so under oath and may face criminal liability for false testimony and perjury.

    PURPOSE: This affidavit/testimony of witness KIRBY RACAZA SILVA


    is being offered on the following:

    a) To prove that she and private complainant JOVY KRIS C.


    BAYOT had an agreement that she will facilitate the application
    for employment of the private complainant abroad;

    b) To prove that she returned the money to the private complainant


    after failing to secure the approval of her application;

    c) To prove that she did not misappropriate the money but instead it
    was return to the private complainant;

    d) Other matters in relation of the foregoing;


    2

    Q1) Mr. Witness, are you the same KIRBY KRIS SILVA who is
    the ACCUSED in this case?

    ANSWER: Yes Sir.

    Q2) Why are you charge with this case?

    ANSWER: I was being indicted in this case base on the allegations of


    JOVY KRIS C. BAYOT that I misappropriated the money she gave
    me in the amount of P 10,000.

    Q3) What is that money all about and what is the nature of
    transaction do you have with the private complainant?

    ANSWER: The money is supposed to be use for the application of


    the private complainant for employment abroad and I am the one who
    will process for her application for a fee.

    Q4) What happen to your transaction with her?

    ANSWER: Her application was disapproved because she lacks


    supporting documents in her application.

    Q5) What happen next?

    ANSWER: I told her that I will return her money but it will take a
    matter of time.

    Q6) What was her response?

    ANSWER: She was disappointed and will file a case against me.

    Q7) What happen next?

    ANSWER: I paid her the amount of P 10,000 but I am still surprised


    that this case was still filed.

    Q8) What did you do after you paid?

    ANSWER: I confronted her and she told me that she will not anymore
    interested in pursuing this case and will have the case to be dismiss.

    Q9) What do you want from this court or what is now your
    prayer Mr. Witness?
    3

    ANSWER: I respectfully pray that this Honorable Court will issue an


    order dismissing this case.

    IN WITNESS WHEREOF, I have hereunto signed this 5th day


    of March 2020 in City of Naga, Cebu, Philippines.

    ________________________________
    KIRBY RACAZA SILVA
    AFFIANT

    SUBSCRIBED AND SWORN to before me this 5th day of March


    2020at City of Talisay, Cebu, Philippines. She attested that the
    execution of this judicial affidavit is her free and voluntary act and
    having fully understood the above statements.

    Doc. No. ___


    Page No. ___
    Book No. ___
    Series of 2020

    SWORN ATTESTATION

    I hereby attest that I conducted the examination of the witness,


    that I faithfully recorded the questions I asked and the corresponding
    answers that the above-named witness gave; that neither I nor any
    other person coached the witness regarding the answers he gave.

    ATTY. GIOVANNI D. SUSUSCO


    Roll of Attorneys No. 53097
    Admitted to the Bar on April 26, 2007

    SUBSCRIBED AND SWORN to before me this 5th day of


    March 2020 at Talisay City, Cebu, Philippines.

    Doc. No. __
    Page No. __
    Book No. __
    Series of 2020

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