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OTHERS

The document contains two affidavits: one by Jack E. Bagbaga affirming the significance of the Supreme Court ruling in the case of People vs. Marmol y Bauso, Jr. regarding the weight of credible eyewitness testimony, and another by PCpl. Henrriet Dave A. Quemado detailing the arrest of Eduardo Marmol y Bauso, Jr. for alleged sexual assault. The affidavits emphasize the legal procedures followed during the arrest and the importance of eyewitness accounts in establishing criminal liability. Both affidavits are sworn statements executed in Baguio City, Philippines.

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0% found this document useful (0 votes)
18 views4 pages

OTHERS

The document contains two affidavits: one by Jack E. Bagbaga affirming the significance of the Supreme Court ruling in the case of People vs. Marmol y Bauso, Jr. regarding the weight of credible eyewitness testimony, and another by PCpl. Henrriet Dave A. Quemado detailing the arrest of Eduardo Marmol y Bauso, Jr. for alleged sexual assault. The affidavits emphasize the legal procedures followed during the arrest and the importance of eyewitness accounts in establishing criminal liability. Both affidavits are sworn statements executed in Baguio City, Philippines.

Uploaded by

Wilner Berry
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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REPUBLIC OF THE PHILIPPINES

BAGUIO CITY

AFFIDAVIT OF SUPPORT

I, Jack E. Bagbaga, of legal age, Filipino, single, and a resident of Bembangan Street,
Baguio City, after having been duly sworn to in accordance with law, hereby depose
and state that:

1. I am executing this affidavit to affirm the relevance of the Supreme Court’s


decision in the case People of the Philippines vs. Marmol y Bauso, Jr., G.R. No.
217379, promulgated on November 23, 2016, and to support its importance as
legal precedent in establishing criminal liability based on credible eyewitness
testimony.

2. In the said case, the Supreme Court affirmed the conviction of the accused
based primarily on the clear, consistent, and positive identification by the
prosecution’s eyewitness, whose testimony remained firm and unshaken during
cross-examination.

3. The Court ruled that “when the issue is one of credibility of witnesses, the trial
court’s assessment is generally accorded the highest respect,” especially in the
absence of any showing of improper motive on the part of the witness to falsely
testify against the accused.

4. I affirm that the ruling in People v. Marmol y Bauso, Jr. reflects the principle that
the testimony of a single, credible, and trustworthy eyewitness may suffice for
conviction, provided it establishes the guilt of the accused beyond reasonable
doubt.

5. This legal doctrine is of great significance in upholding justice, as it ensures that


credible victim testimony is given due weight, particularly in cases where
physical evidence is lacking but the witness account is clear and compelling.

6. I am executing this affidavit to support the use of jurisprudence as a legal basis in


advocacy, legal education, or judicial proceedings where the value of
eyewitness testimony is questioned or under scrutiny.

IN WITNESS WHEREOF, I have hereunto set my hand this 11th day of April 2025 at Middle
Quarry, Baguio City, Philippines.

Jack E. Bagbaga
Affiant
SUBSCRIBED AND SWORN to before me this 11th day of April 2025 at Vigan City, Ilocos
Sur, affiant having duly exhibited to me her competent proof of identity described
above and known to me to be the same person who executed the foregoing affidavit.

ATTY. LOKOLOKO K. UT

Notary Public
REPUBLIC OF THE PHILIPPINES)

Middle Quarry, Baguio City ) S.S


X………………………………………X

AFFIDAVIT OF ARRESTING OFFICER

I, PCpl. HENRRIET DAVE A. QUEMADO, of legal age, single, assigned at La Trinidad


Municipal Police Station, Benguet, after being duly sworn in accordance with law,
hereby depose and state that:

1. On July 15, 2011, at around 9:00 A.M., I received a warrant of arrest from the
Honorable Court issued against Eduardo Marmol y Bauso, Jr., in connection with
the rape charges filed by AAA, a 13-year-old minor, alleging that the accused,
her mother's live-in partner, had sexually assaulted her at their residence in Vigan
City.

2. Based on AAA’s sworn statement, the victim testified to multiple instances of


sexual abuse by the accused, who was threatening her with harm if she
disclosed the acts. A medical examination confirmed the injuries corresponding
to sexual assault.

3. On August 5, 2011, at Approximately 10:00 A.M., together with PCpl. Juan Dela
Peña, I proceeded to the residence of Eduardo Marmol y Bauso, Jr. in Barangay
bato-bato, Vigan City, where he was positively identified.

4. At the time of the arrest, I duly informed the accused of his rights in accordance
with the Miranda Doctrine and Republic Act No. 7438, specifically his right to
remain silent, the right to counsel, and the charges against him.

5. The accused, Eduardo Marmol y Bauso, Jr., did not resist the arrest, complied
with the process, and was taken into custody without incident.

6. A search incident to the arrest was conducted, but no contraband or relevant


physical evidence was found on his person.

7. The arrest was made solely on the basis of the valid arrest warrant, following the
proper legal procedures outlined in the Rules of Criminal Procedure, and no
rights of the accused were violated during the process.

8. I am executing this affidavit to affirm the legality of the arrest of Eduardo Marmol
y Bauso, Jr., in relation to the ongoing case, and for whatever legal purpose it
may serve.

Further, I affirm that the contents of this affidavit are true and correct to the best of my
knowledge and belief.
IN WITNESS WHEREOF, I have hereunto set my hand this 11th day of April 2025, at Middle
Quarry, Baguio City, Philippines.

PCpl. HENRRIET DAVE A. QUEMADO


Affiant

SUBSCRIBED AND SWORN to before me this 11th day of April 2025 at Middle Quarry,
Baguio City, Philippines.
I HEREBY CERTIFY that I have personally examined the affiant, and that he understood
his sworn statement and freely signed and executed it in my presence.

ATTY. MARIA LOISA T. RIVERA


Notary Public

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