Republic of the Philippines

REGIONAL TRIAL COURT

National Capital Judicial Region
Branch 85, Quezon City


People of the Philippines,
Plaintiff,

-versus-

Adam Burgos y Mabini, CRIMINAL CASE NO. Q-10-00604
Accused. For: Parricide


JUDICIAL AFFIDAVIT OF ABEL BURGOS Y MABINI

I, Abel Burgos y Mabini, 16 years old, single, and living at #7 Maligaya St., Quezon City,
witness for the prosecution in this case, states under oath that:


PRELIMINARY STATEMENT

The person examining me is Atty. Miguel R. Bayot with address at 10 General Avenue, GSIS
Village, Quezon City. The examination is being held at the same address. I am answering his
questions voluntarily, to the best of my knowledge and fully conscious that I do so under oath
and may face criminal liability for false testimony and perjury.

PURPOSE

This affidavit/testimony of witness Abel Burgos y Mabini is being offered to prove the existence
of sufficient provocation on the part of the accused.

Q. Please state your name and other personal circumstances for the record.
I am Abel Burgos y Mabini, 16 years old, single and with residence at #7
Maligaya St., Quezon City.

Q. How do you know the accused in this case?
He is my father.

Q. Do you know Cain?
Yes.

Q. How are you related to him?
He is my brother.

Q. Where were you last August 19?
My brother and I were coming home from school. When we arrived at our
house around 7:00 pm, I heard my father asking money from mother.

Q. What happened after that, if any?
My brother and I went to look for our parents and found them in the living room.
Our mother told father that she has no money to give him. Afterwards, father started
shouting again and also started hitting mother.

Q. How often does your father shout and hit your mother?
Almost every night.

Q. Can you say that your father is hitting her harder than usual?
Yes.

Q. What did you do after?
My brother and I approached our father and started punching him. He stopped
hitting our mother and turned toward us. At this point, our mother passed out from the
beating she received. Then, father threw punches at me. He hit me several times
enough to make me feel dizzy and nauseated. I began to cry and ask my brother Cain
for help.

Q. What happened after?
Cain shouted that he will kill father and at the same time he punched father
repeatedly to make him stop hitting me. Through the racket, I glanced and saw my
mother gain consciousness. Then, I saw father backed away for a few moments,
opened a cabinet, and grabbed the gun. He pointed it towards brother and pulled the
trigger.

Q. What happened to your brother?
I saw him fell to the floor. My mother started screaming and remained where she
was while I ran towards my brother. There was blood everywhere. I kneeled in front
of him and called his name several times but his eyes remained close. Meanwhile,
father walked out of the house and never returned that night.

Q. What did you and your mother do after your father walked out?
My mother went hysterical and started to threaten me saying wag ka
magsusumbong kung hindi, makakatikim ka sa akin. She kept on saying those lines
until Tiya Pusit arrived.
Q. What happened after Tiya Pusit arrived, if any?
Upon seeing my brothers body, Tiya Pusit asked my mother what happened.
Instead of answering her question, my mother started shouting wag kang
makialam dito. Seeing that I was crying and afraid, she dragged me to the
barangay. My mother did not stop her.

Q. What happened when you reached the barangay?
I was examined for injuries and they found out that I have fresh bruises on my
arms and legs. They also saw that I have old wounds that are beginning to heal.

Q. How did you acquire these bruises?
The fresh ones are from that night we defended our mother and the old ones are
both from mother and father.

Affiant further sayeth naught.

________________________
ABEL BURGOS Y MABINI
AFFIANT

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in Quezon City on
September 16, 2013. Affiant personally came and appeared with Drivers License No. D04-08-
001234 issued by the Land Transportation Office on April 10, 2011, bearing his photograph and
signature and Passport No. 00123456 issued by the Department of Foreign Affairs on April 10,
2012, 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.

Atty. Raymond Sanchez
Notary Public for Quezon City
6 Jupiter St., Greenland Village, Pasig City
Appointment No. 123 Until December 31, 2014
IBP No. 123456; 01/10/14Quezon City
PTR No. 123456; 01/10/14Quezon City
Roll No. 1234 5/05/08
MCLE No. I 001234; 9/09/12
MCLE No. II 005678; 12/09/12
Serial No. of Commission M-12

Doc No. 12 ;
Page No. 34;
Book No. V;
Series of 2013.













ATTESTATION

I, Atty. Miguel R. Bayot, of legal age, Filipino, with postal address at 10 General Avenue,
GSIS Village, Quezon City after being duly sworn depose and say that:

I conducted the examination of Abel Burgos y Mabini for Criminal Case No. Q-10-0064
entitled People of the Philippines versus Adam Burgos y Mabini for Parricide at my
aforementioned postal address.
I have faithfully recorded or caused to be recorded the questions I asked and the
corresponding answer that the witness gave;
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 on this 16
th
day of September 2013 at
Quezon City.


Atty. Miguel R. Bayot
IBP No. 591481; 01/10/14Quezon City
PTR No. 114216; 01/10/14Quezon City


SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in Quezon City on
September 16, 2013. Affiant personally came and appeared with Drivers License NO. D04-00-
001234 issued by the Land Transportation office on April 10, 2010, bearing his photograph and
signature and Passport No. 0012346982 issued by the Department of Foreign Affairs on April
10, 2011, known to me as the same person who personally signed the foregoing instrument
before me and avowed under the penalty of law to the whole truth of the contents of said
instrument.

Atty. Raymond Sanchez
Notary Public for Quezon City
6 Jupiter St., Greenland Village, Pasig City
Appointment No. 123 Until December 31, 2014
IBP No. 123456; 01/10/14Quezon City


Doc No. 56 ;
Page No. 78;
Book No. IX;
Series of 2013.


CITY PROSECUTOR KRISTEL FRANCINE L. TIU (Public Prosecutor)
4
th
floor Quezon City Hall of Justice Bldg., Diliman, Quezon City

ATTY. KYLE MALACHY S. KREBS (Counsel for the Accused)
123 Maginhawa St., UP Village Quezon City

ADAM BURGOS y MABINI (Accused)
c/o Warden, Quezon City Jail