Sample Judicial Affidavit Of Complainant

Republic of the Philippines Regional Trial Court th 8 Judicial Region Branch VI Tacloban City Carmi Martyn, representative for Coco Martyn Plaintiff 32790

Civil Case No. For: Damages

-versusDr. Vicente Sotto Law School and Atty. Simon Bir, Atty. Richard Lab Defendant x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x JUDICIAL AFFIDAVIT OF CARMI MARTYN I, CARMI MARTYN, 35 years old, married, residing at Tacloban City, after having been sworn to in accordance with the law do hereby depose and state: That Atty. Manuela M. Kilton is the counsel who conducted and supervised my examination as a witness at her office at Door 12, Yaokasin Bldg. Rizal Ave. Street, Tacloban City, Philippines; That I am answering the questions herein fully conscious that I do so under oath and that I may be criminally liable for false testimony or perjury; PURPOSE: This affidavit / testimony of plaintiff, CARMI MARTYN, is being offered to prove that the witness’ brother, Mr. Coco Martyn, suffered from extreme anguish and depression caused by the defendants’ oral promise to Mr. Martyn of giving him passing grades for him to be able to graduate but which they failed to fulfill and give, instead him a failing grade, which ultimately led to his suicide. Q1: Do you swear to tell the truth and nothing but the truth? A1: Yes Ma’am.

Q2: Please state your name and other personal circumstances for the record. A2: I am Carmi Martyn, 35 years of age, married and resides in Tacloban City. I am the eldest sister of Coco Martyn. I am the one who helped him in his financial needs in studying Law. Q3: How long has Coco been studying in Dr. Vicente Law School? A3: About 9 years already. Q4: What took him so long in studying Law? A4: He was not enrolling in a full load every semester and that if not getting failing grades, He would get an INC, in which case he would repeat those subjects in another semester. Q5: Did Coco tell you about his standing in school in the past semester? A5: Yes. He tells me everything that happens to him in law school. He would even sometimes share to us his frustrations in his classes, his performance and even the grades he got from every subject. In his last semester in DVLS, he told us that he will already graduate were it not for Labor Law II and Taxation I subjects which he had failed in the previous semester. But, after 2 days, he was so excited to confirm to us that he will already finally be graduating on May 30, 2015 because his two professors in the two subjects already promised him a passing grade. Q6: After that, what did he do? A6: He was so elated. So excited and happy as if he already passed the Bar exam! He partied with his classmates after he learned that he will finally graduate. He even prepared and bought things that he would be wearing in his graduation where we spent so much. Our parents also prepared a graduation party for him. He also applied for a review for the Bar on the same year. He was so ready and very much looking forward to taking the Bar exam the soonest possible time. Q7: What did he do next? A7: He went to Manila to fix everything, prepare his boarding house, pay for his review fees and others. He

just came back for the graduation day. Of course he didn’t want to miss that. But surprisingly, it was only on that day when he learned that his name was not in the program where the names of graduates were listed. He checked it with the person in-charge of the program thinking that they only skipped on his name but his classmates told him that he really was not listed in the program of graduating students. Eventually, he found out from the two professors themselves that they actually gave him failing grades in Labor Law II and Taxation I despite their promise. After such happening, he got so depressed. He would not eat or go out of his room, he would not talk to any of us. He was in deep anguish and depression, and this went on for a couple of weeks that ended up in suicide and we we’re not able to prevent it. Q8: Before his demise, did he tell you something? Or did you notice something wrong about him? A8: Yes. He was very depressed. He would not go out of his room. He would not eat anything at all. But after a couple of weeks, That night on the 11 th of June 2015, he went out of his room and ate dinner with us. We felt so happy that he joined us that night. He was still quiet. He didn’t say anything. He barely touched his food but it was better than not eating at all. We were trying to have a conversation with him but he wouldn’t say anything at all. We didn’t mind this though. We thought maybe this was just a part of his process of recovering. After that he said “ayoko na” (I don’t want this anymore). We didn’t understand what he meant. We thought maybe he just did not want the food or he was just tired that he needed to go back to his room. Later that day, a very despairing, grief-stricken thing happened. We saw him in his room bathed in his own blood. He committed suicide. Q9: What did you do after? A9: We all panicked and checked if he still had pulse. We rushed him to the nearest hospital, which was the Romualdo T. Romualdez Hospital, at around 9:30 in the evening but when we got there, he was already pronounced dead on arrival. They said the cuts on his wrists were so severe and deep that he lost a lot of blood. Q10: Why do you think did he commit suicide?

A10: We strongly believe that his death stemmed from the fact that he was not able to graduate. Before he got so distant from us, he told me how disappointed he was of what happened and that he could not accept it. He held on to his professors’ promises that in good faith they would fulfill but only to find out they didn’t, which put him in a huge humiliation because he became the laughing stock of the whole school on that day. He told me he has been through a lot and that he did not need any more disappointments like this. This was the only thing he talked about weeks before the death. Q11: Were you able to confirm that Labor Law II and Taxation I were the only subjects he needed to pass for him to be able to graduate? A11: Yes. We have a certified true copy of Coco’s Transcript of Records. Q12: Why were you not able to get hold of the original? A12: The admin assistant, Ms. Chavez, told us that we cannot obtain the original copy at that moment because my brother had pending obligations with the school that he had yet to accomplish. Only upon the fulfillment of those obligations can they then release an original copy. She also said that only a bona fide student of the school can get an original copy right away. But because he is already deceased, they permitted us to get a faithful reproduction of the same document. They insisted that this was enough since it was a faithful reproduction of the original document and it was part of their standard protocol. We of course, did not insist any further. We just had the said transcript certified. Q13: What proof do you have that leads you to believe that Coco Martyn’s death was due to the fact that he was not able to graduate? A13: Only his testimonies, the graduation program and a photocopy of his transcript of records. My parents can also attest to this fact that he got depressed solely on the fact that he was not able to graduate. He got so disappointed with the unfulfilled promises of his professors that he depended on in good faith. He felt as if he was betrayed by his own professors, his mentors. When he told me about his professors finally giving him passing grades on both subjects, I asked Coco to have everything in writing for his own security. He declined and said it would be too much to ask them to have it in writing. He trusted in their word and promises.

Q14: Do you have anything else to say? A14: I just hope that the professors involved in this matter, especially the school, pay for the damages they caused to my brother. IN WITNESS WHEREOF, I have hereunto affixed my signature this 19th day of March 2016 at Tacloban City, Philippines.

Martyn

Carmi CARMI MARTYN Affiant

SUBSCRIBED AND SWORN to before me, a notary public of Tacloban City on this 19th day of March 2016, affiant personally came and appeared before me, exhibiting her Passport No. 1-2462 issued on March 16, 2014 at Tacloban City, known to me and avowed under penalty of law to the whole truth of the contents of said instrument.

Julia C. Romualdez

Atty. Julia C. Romualdez NOTARY PUBLIC Until December 31, 2016 PTR No. 050183/Baguio City/01-11-16 Roll of Atty. No. 8121983 IBP Lifetime Membership No. 9031984 Tacloban City Doc. No. 28 Page No. 04 Book No. 06 Series of 2016.

ATTESTATION OF LEGAL COUNSEL I, JULIA C. ROMUALDEZ, Asst. Provincial Prosecutor, Detailed PPO-Tacloban City, Leyte, after having been sworn to in accordance with the law do hereby depose and say: 1. That I have faithfully recorded or caused to be recorded the questions I asked and the corresponding answers that witness, Atty. Leila Delima, gave; 2. That I have not, nor any other person present or assisting coached the witness regarding the witness’ answers; and 3. That I fully understand that any false attestation shall subject me to disciplinary action, including disbarment. IN WITNESS WHEREOF, I have hereunto affixed my signature this 12th day of March 2016 at Tacloban City, Philippines.

Manuela Kilton

ATTY. MANUELA M. KILTON Counsel for Plaintiff 31 Burgos Street, Tacloban City PTR No. 050183/Tacloban City/01-11-16 Roll of Atty. No. 8121983 IBP Lifetime Membership No. 9031984 Both issued in Tacloban City MCLE Compliance V—005374 Issued on January 11, 2016

SUBSCRIBED AND SWORN to before me this 12th day of March 2016 at Tacloban City, Philippines.

Julia C. Romualdez

Atty. Julia C. Romualdez NOTARY PUBLIC Until December 31, 2016 PTR No. 050183/Baguio City/01-11-16 Roll of Atty. No. 8121983 IBP Lifetime Membership No. 9031984 Tacloban City Doc. No. 28 Page No. 04 Book No. 06 Series of 2016.