Republic of the Philippines
REGIONAL TRIAL COURT
8th Judicial Region Branch VI
Tacloban City
PEOPLE OF THE PHILIPPINES,
Plaintiff, Criminal Case No. 929292
For: Homicide
-versus-
REYNALDO SUAREZ,
Accused.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - x
JUDICIAL AFFIDAVIT OF MARIZ ELERO
I, MARIZ ELERO, 26 years old, single, residing at Tacloban City,
after having been sworn to in accordance with the law do hereby depose and
state:
That Atty. Ralph Caingin is the counsel who conducted and
supervised my examination as a witness at his office at the Caingin Law
Firm located at Rizal Avenue, Tacloban City, Philippines;
That the questions are asked in the English language which I speak
and fully understand; and
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.
Other information or requirements of Sec. 3, A.M. 12-8-8-SC as explained
to me by the administering officer, hereby deposes and states as follows:
1|Page
PURPOSE: This affidavit / testimony of witness, MARIZ ELERO, is being
offered to discuss the circumstances that led to the death of victim, ANDREI
BERNARDO, and to testify that the aforementioned accused, Reynaldo
Suarez, is NOT liable for the death of the former.
Q1: Do you swear to tell the truth and nothing but the truth?
A1: Yes, Attorney.
Q2: Please state your name and other personal circumstances for the
record.
A2: I am Mariz Elero, 26 years of age, single and residing in Tacloban
City and currently employed as a Bank Teller at the PNB in
downtown Tacloban City.
Q3: Do you know the accused in this case?
A3: Yes Atty.
Q4: How did you come to know him?
A4: He was a former Sanguniang Kabataan Barangay Chairman of our
barangay, a neighbor and childhood friend, who lives in the same
street with me.
Q5: Do you happen to know if the accused is currently employed?
A5: He is no longer employed since he resigned from his job as Sales
Executive at Toyota Tacloban City 2 months ago.
Q6: Why did he resigned from his job?
A6: He got depressed since her girlfriend of about 5 years, who got
pregnant suddenly left her.
Q7: Do you know why they got separated?
A7: Rey told me that she got jealous with a co-worker.
Q8: How do you know of this information?
2|Page
A8: We have been friends since childhood and he always confided to me
about his relationship.
Q9: After the separation, what if any happened to the accused?
A9: There was a change in his behavior. He rarely goes out, but for the
past month, I would see him drinking with some friends.
Q10: How often do you see them drinking?
A10: Usually twice but occasionally thrice a week every time I go home
Q11: By the way can you still recall where you were at about 5 pm of
October 16, 2020?
A11: Yes, I was inside our house just beside the store of Mr. Chan, the
storeowner.
Q12: What were you doing then?
A12: I just arrived from work and was about to watch TV.
Q13: From the time you arrived home, was there any unusual incident that
took place?
A13: Yes Attorney. I heard a commotion and somebody shouting “ Tabang
Tabang adi it nag aaragway “.
Q14: What if any did you do?
A14: I immediately went out of the house to find out what was the
commotion about.
Q15: After you went out of the house what happened next?
A15: I was shocked to see Rey and a man, who I later identified as Andrei
Bernardo, fighting.
Q16: Who is this Rey you are referring to?
A16: The accused in this case.
3|Page
Q17: Why were you shocked?
A17: I was shocked because it was my first time to witness a fight
involving Rey who has never been known in the barangay to be a
trouble-maker. In fact, he is a good-natured person.
Q18: By the way, how did you come to know Andrei Bernardo?
A18: He is one of the “Tambays” in our neighborhood and a known
troublemaker.
Q19: After you saw Rey and Andrei rolling on the ground, what happened
next if any?
A19: I saw Rey was pinned on the ground and Andrei was on top of him
punching him. Rey, who is leaner and taller than Andrei was able to
pushed Andrei off him and Andrei got up after he was pushed off by
Rey.
Q20: After Andrei got up, what happened if any?
A20: I saw Andrei took some thing from his back pocket.
Q21: What was that thing he took from his back pocket?
A21: I saw small knife.
Q22: What if any did he do with the knife?
A22: He attacked Rey using the knife he was holding.
Q23: What happened thereafter?
A23: Rey got up and used his arm to block the attack and Rey was able to
take the knife but in so doing he accidentally stab the victim.
Q24: After the victim was accidentally stabbed what did you do?
A24: I just shouted to please call the help of the Barangay Tanod for
assistance.
4|Page
Q25: Do you have anything else to say, Ms. Mariz?
A25: No more, Attorney.
IN WITNESS WHEREOF, I have hereunto affixed my signature this
21st day of October 2020 at Tacloban City, Philippines.
MARIZ ELERO
Affiant
SUBSCRIBED AND SWORN to before me, a notary public of
Tacloban City on this 21st day of October 2020, affiant personally came and
appeared before me, exhibiting her Company ID No. 589021 issued on
April 1, 2010 at Tacloban City, known to me and avowed under penalty of
law to the whole truth of the contents of said instrument.
Atty. Ralph S. Caingin
Notary Public until December 31, 2021
Notarial Commission No. 2020-9-20
5th floor of Roque & Sons Building, Salazar St.
Roll of Attorneys’ No. 567811: 1/1/19
IBP Receipt No. 4322370; 08/06/15; Leyte Chapter
PTR No. 815543; 18/08/15; Tacloban City
MCLE Compliance No. VI – 00045678 valid until 10/12/2021
Doc. No. 23;
Page No. 3;
Book No. II;
Series of 2020.
ATTESTATION OF LEGAL COUNSEL
5|Page
I, ATTY. RALPH CAINGIN, 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,
Andrea Bernardo, 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
21st day of October 2020 at Tacloban City, Philippines.
ATTY. RALPH CAINGIN
Notary Public
SUBSCRIBED AND SWORN to before me this 21 st day of October
2020 at Tacloban City, Philippines.
_____________
Prosecutor I
MCLE Compliance No. V – 0003222
Valid until Oct. 05, 2021
6|Page
