Judicial Affidavit- Witness.docx

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: A-2:

What is the purpose of your visit to this office? 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: A-3:

Do you know the complainant in the case? Yes but not personally.

Q-4: A-4:

How did you come to know the complainant? She the wife of my childhood friend and Boss, Carlos Santos

Q-5: A-5:

Do you know both the respondent-husband? Yes.

Q-6: A-6:

How did you come to know the respondent- husband? 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: A-7:

How did you become childhood friends? We used to be neighbors in Santiago Village, Lumbangan, Divisoria where I grow up.

Q-8: A-8:

How long do you know each other? We knew each other since we were in diapers. My mom and respondenthusband’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.)

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Q-9: A-9:

How was your relationship with each other? 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.

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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

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