PEOPLE OF THE PHILIPPINES VS.

EDWIN RAMOS
CRIMINAL CASE NO. 009911
HON. JOANA S. GORDONAS
RTC- 10
TH
JUDICIAL REGION, BRANCH 29


JUDICIAL AFFIDAVIT OF
WITNESS DAISY LABASTIDA

I, DAISY LABASTIDA, of legal age, single, and living at 254 Gonzales
corner Roxas St., Surigao City, witness in this case, state under oath
as follows:

PRELIMINARY STATEMENT

The person examining me is Assistant City Prosecutor CLAYTON
DELGADO with address at Bagong Silang, Surigao City. The
examination is being held at the City Prosecutors Office, Surigao
City. 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 LABASTIDA is being
offered to prove that the accused committed the offense of murder of
certain DONALD CUABO on November 30, 2013 and other facts
relevant to this instant case.


1. Q: Please state your name and other personal
circumstances for the record.
A: I am Daisy Labastida, single, 24 years old,
entrepreneur, residing at 254 Gonzales corner Roxas
St., Surigao City.

2. Q: You said that you are an entrepreneur, what kind of
business do you own?
A: I own and manage a sari-sari store.

3. Q: Where is your sari-sari store located?
A: At my residence at 254 Gonzales corner Roxas St.

4. Q: Do you know certain Donald Cuabo?
A: Yes sir.

5. Q: How did you know him?
A: He is my neighbor.

6. Q: Where is he now?
A: He is already dead.

7. Q: How did you know that he is dead?
A: I have witness the occurrence of his death.

8. Q: Where and when did he die?
A: He died at around 7:30pm on November 30, 2013 in
Gonzales St., outside my house.

9. Q: Can you recall what happen during that night?
A: Yes sir, I was inside my sari-sari store tending a
customer; I also saw Donald passed by my store.

10. Q: What happened next?
A: My customer got up and followed Donald. And after, I
heard a gunshot just few meters away from my house.
I also saw a person running away from the scene.

11. Q: Who is that person running away from the scene?
A: My customer sir.

12. Q: How did you know that it was your customer?
A: I know him very well because he was a former
neighbor.

13. Q: Who is your customer?
A: The accused sir, Mr. Edwin Ramos.

14. Q: What did the accused do in your store?
A: He bought a soft drink.

15. Q: How long did he remain in your store?
A: He was there for almost 20 minutes.

16. Q: What did you observe from the accused?
A: I noticed that he is constantly glancing at the direction
where the accused leave as if he is waiting for
someone.

17. Q: How did you recognize that it was Mr. Ramos you saw
running away from the scene?
A: I am very positive sir because the place outside my
store is well lighted.

IN WITNESS WHEREOF, I have hereunto set my hand this 9
th

day of December 2013 at Surigao City.


DAISY LABASTIDA
Affiant


SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned
Assistant City Prosecutor this 9
th
th day of December 2013 at Surigao
City. Affiant personally came and appeared with SSS ID No.
123456123 issued by the SSS on July 2, 2010 at Surigao City, bearing
his photograph and signature, known to me as the same person who
personally signed the foregoing instrument before me and avowed
under penalty of law to the whole truth of the contents of said
instrument.


CLAYTON M. DELGADO
Assistant City Prosecutor






















ACKNOWLEGMENT

REPUBLIC OF THE PHILIPPINES)
CITY OF SURIGAO ) S.S.

I, CLAYTON M. DELGADO, of legal age, Filipino, with postal
address Bagong Silang, Surigao City after being duly sworn depose
and say:

1. I was the one who conducted the examination of witness
DAISY LABASTIDA at my aforementioned office in Surigao
City;

2. I have faithfully recorded or caused to be recorded the
questions I asked and the corresponding answer that the
witness gave;

3. I nor any other person then present or assisting her coached
the witness regarding her answers;

IN WITNESS WHEREOF, I have hereunto set my hand this 10
th

day of December 2013 at Surigao City.


CLAYTON M. DELGADO
Affiant





SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned
Assistant City Prosecutor this 9
th
th day of December 2013 at Surigao
City known to me as the same person who personally signed the
foregoing instrument before me and avowed under penalty of law to
the whole truth of the contents of said instrument.


GUILLERMO ANG
City Prosecutor