Professional Documents
Culture Documents
Accused's Pleadings
Accused's Pleadings
MANG KANOR,
Accused.
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1. That this case was filed by the Honorable Asst. State City
Prosecutor without the benefit of the accused answering the charges against
him;
6. That the accused and private complainant are former lovers and
there still existing a feeling toward each other which made private
complainant consenting the doing of the sexual advances.
City Prosecutor
City of Panabo
Sir:
Copy furnished:
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JUDICIAL AFFIDAVIT
Q3. You are accused that at past 9 evening of December 23, 2015, in the city
of Panabo, Davao del Norte, you rode a passenger van from Panacan to
Panabo City. On the same date, you saw Aling Moana inside the passenger
van and touched her breast and vagina while she was asleep, what can you
say to these accusations?
A3. That is not true.
Q4. You said that the accusations are not true, where were you at past 9
evening of December 23, 2015?
A4. I was inside a passenger van travelling from Panacan to Panabo City.
Q5. So you are riding the same passenger van with the private complainant?
A5. Yes.
Q6. Did you smashed the breast and touched the vagina of the private
complainant?
A6. Yes, but she consented to what I did since she know that I am her ex-
boyfriend.
Q7. What is her reaction when you smashed her breast and touched her
vagina?
A7. She just let me touched it and she was moaning silently.
Q8. If she really consented to the smashing why did she push you away and
shouted at you?
A8. Because somebody saw that I was smashing her breast and touching her
vagina.
Q9. What do you think why she shouted at you when in fact she consented
when you smashed her breast and touched her vagina as you said.
A9. She did it to save her reputation as somebody inside the van saw that
I’m smashing her breast and touching her vagina. It was her revenge to me
since I dump her when we are in relationship before.
Q10. Do you affirm the truthfulness of all the statements that you gave in
this Judicial Affidavit?
A10. Yes sir.
MANG KANOR
Affiant
LIONEL A. MESSI
Public Attorney III
(Pursuant to RA 9406)
SWORN ATTESTATION
That the questions and answers are in the language known to the
affiant;
That neither I nor any person then present coached the affiant
regarding his given answers;
Copy Furnished:
-versus-
1.That the above entitled case is set for [*INITIAL] hearing on March
30 ,2016;
MANG KANOR,
Accused.
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1. That the prosecution in the above entitled case has already rested
its case.
MANG KANOR,
Accused.
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DEMURRER TO EVIDENCE
ARGUMENTS/DISCUSSION
PRAYER
By:
NOTICE OF HEARING
Clerk of Court
1st Municipal Circuit Trial Court
Greetings!
LIONEL A. MESSI
Copy Furnished:
ALING MOANA,
Complainant,
NOTICE OF APPEAL
Lionel A. Messi
Counsel for the Defendant
Public Attorney’s Office
Rm. B-29 Hall of Justice, Panabo City
Until December 31, 2016
Roll of Attorney’s No.
PTR No.
IBP No.
MCLE No.
COPY FURNISHED:
MANG KANOR,
Accused-Appellant,
PREFATORY STATEMENT
THE PARTIES
I
STATEMENT OF FACTS
l.1 MANG KANOR is a forty (40) years old man who works as a
government employee in the Local Government of Nabunturan as a
means of livelihood. The private complainant, Aling Moana is a an
employee of Davao Doctors Hospital;
1.2 Private complainant alleged that she was sexually molested by her
ex-boyfriend, accused-appellant in the instant case in the evening of
December 23, 2015 inside the passenger van bound for Tagum City;
1.3 The passenger van was traversing the highway of Panabo City in
that evening. The van had a cabin light and there were few passengers
on board the said van where the offense charged was allegedly
committed by the accused-appellant;
1.4 On the dates of the alleged commission of the offense charged, the
accused-appellant was travelling going to his home in Nabunturan,
ComVal Province;
II
ASSIGNMENT OF ERRORS
III
ARGUMENTS
b. Incredible.
PRAYER
VERIFICATION/CERTIFICATION
3. I have read the same and the allegations therein are true and
correct of my personal knowledge or based on authentic
records.
Atty.Luis B. Suarez
Notary Public
Notarial Commission until Dec 30,2016
PTR NO. 023456/01/05/10/ Panabo
Doc. No.: 39
Page no.:8
Book no.:I
Series of 2016
Copy Furnished:
Office of the Provincial Prosecutor
Panabo City Davao del Norte
EXPLANATION
LIONEL A. MESSI