Republic of the Philippines
SUPREME COURT
Manila
First Division
PEOPLE OF THE PHILIPPINES,
PLAINTIFF, APPELLEE
- versus - G.R. No. 242695
For: Murder
PO1 DENNIS JESS ESTEBAN
LUMIKID,
ACCUSED-APPELLANTS.
x---------------------------------------x
JUDICIAL AFFIDAVIT
OF
PROSECUTION WITNESS
This Judicial Affidavit of Ruth Matinong is executed to serve her direct testimony in the instant
case.
I, Ruth Matinong, of legal age, single, and residing in Davao Oriental, a witness in this case, state
under oath as follows:
PRELIMINARY STATEMENT
The person examining me is Atty. Kerwin Drew with office address at Ardinazo and
Associates Law Office, No. 619 Helmsley Bldg., Panganiban Drive, Davao City. The examination
is being held at the same address. 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 the prosecution witness, Ruth Matinong is being
offered to prove the presence of the accused, PO1 Dennis Jess Esteban Lumikid in the crime
scene who allegedly shot and murdered Desiderio "Jessie" Camangyan
1. Q: Do you swear to tell the truth, the whole truth, and nothing but the truth?
A: Yes, I do.
2. Q: Are you aware that you may face criminal liability for false testimony or perjury if
you do not tell the truth?
A: Yes, I do.
3. Q: Please state your name, age, and other personal information.
A: My name is Ruth Matinong, of legal age, single, and with an address in Davao
City.
4. Q: Do you know and can you state the name of the victim?
A: Yes, He is Desiderio "Jessie" Camangyan
5. Q: What is your relation to the victim?
A: He is my common-law partner.
6. Q: Where were you on the night of the incident?
A: Jessie, together with my daughter and myself, went to an amateur singing contest
in Barangay Old Macopa, Manay, Davao Oriental.
7. Q: Can you describe the setting of the event?
A: It was just a regular singing contest in a barangay, Jessie was invited to host the
competition by the Barangay Captain, Romeo Antolin. Me and my daughter sat on the
bench just beside the stairs of the stage.
8. Q: During the singing contest, what suspicious actions have you observed?
A: When I went to the restroom, I saw two men beside me talking and watching
Jessie intently with suspicious eyes.
9. Q: Did you hear their conversation?
A: No, I didn’t.
10. Q: How far were they away from the stage?
A: About twelve (12) meters away.
11. Q: After you saw them suspiciously, what did you do?
A: When Jessie got down from the stage, I told him about the men who were eyeing
him. However, he just assured me that they were only part of the security personnel of
Capt. Antolin.
12. Q: After that, what happened next?
A: I heard a gunshot. Jessie was shot from behind.
13. Q: About what time you heard the gunshot?
A: Around 10:30 in the evening.
14. Q: How did you see the assailant?
A: I saw him aiming a gun at Jessie outside the cyclone fence.
15. Q: Did you see who shot Jessie?
A: Yes, it was one of the men I saw beside the restroom.
16. Q: You stated earlier that you saw two men beside the restroom, what were they
wearing?
A: One of them was wearing a black t-shirt, camouflage pants, and combat boots.
17. Q: Is the one who shot Jessie matching the clothes you saw before the shooting
happened?
A: Yes, it was the same black t-shirt, camouflage pants, and combat boots he was
wearing.
18. Q: After you saw the incident, what did you do?
A: I ran towards Jessie and screamed for help, but no one was going near us.
19. Q: Did you still hear gunshots after that?
A: Yes, but it was just a warning shot by the security personnel.
20. Q: Where did the assailant go after killing Jessie?
A: The gunman fled towards a grassy and dark area at the back of the stage.
21. Q: Aside from the same clothing as the person you saw beside the restroom and the
one who shot your partner, how sure are you that they were the same man?
A: I am very sure because I saw the same face as the person who eyed suspiciously
my partner and the one who killed him.
22. Q: How did you see the assailant?
A: I saw him aiming a gun at Jessie outside the cyclone fence.
x----------END OF STATEMENT----------x
IN WITNESS WHERE OF, I have hereunto affixed my signature this 23rd day of June 2020.
RUTH MATINONG
Affiant
SUBSCRIBED AND SWORN to before me this 23rd day of June 2020 at Ardinazo
and Associates Law Office. I have identified the affiant through her National Identification Card
issued at the Philippine Statistics Authority on the 16th day of September 2020 bearing her
photograph and signature.
Doc. No. 245;
Page No. 35;
Book No. 42;
series of 2016
ATTESTATION
I, Kerwin Drew, of legal age, Filipino, with office address at No. 619 Helmsley Bldg.,
Panganiban Drive, Davao City, under oath state that:
1. Conducted the examination of witness, Ruth Matinong, in connection with the
above-mentioned case.
2. I faithfully recorded or caused to be recorded the questions that I asked and the answers
that the witness gave as stated in her judicial affidavit.
3. Neither I nor any other person present or assisting the witness coached him regarding
his answer stated in her judicial affidavit.
KERWIN DREW
Affiant
SUBSCRIBED AND SWORN to before me this 23rd day of June 2020 on the 16th day
of September 2020 at Ardinazo and Associates Law Office, the affiant personally appeared and
exhibited to me his Integrated Bar of the Philippines Identification Card with I.D. No. 69069
bearing her photograph and signature.
Doc. No. 245;
Page No. 35;
Book No. 42;
series of 2016
Republic of the Philippines
SUPREME COURT
Manila
First Division
PEOPLE OF THE PHILIPPINES,
PLAINTIFF, APPELLEE
- versus - G.R. No. 242695
For: Murder
PO1 DENNIS JESS ESTEBAN
LUMIKID,
ACCUSED-APPELLANT.
x---------------------------------------x
JUDICIAL AFFIDAVIT
OF
DEFENSE WITNESS
This Judicial Affidavit of Dennis Jess Esteban Lumikid is executed to serve his direct testimony
in the instant case.
I, Dennis Jess Esteban Lumikid, of legal age, single, and residing in Davao Oriental, an accused
in this case, state under oath as follows:
PRELIMINARY STATEMENT
The person examining me is Atty. Amiielser Villegas with office address at Ardinazo and
Associates Law Office, No. 619 Helmsley Bldg., Panganiban Drive, Davao City. The examination
is being held at the same address. 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 the prosecution accused, Dennis Jess Esteban
Lumikid is being offered to prove his innocence in the crime scene where Desiderio "Jessie"
Camangyan was shot and murdered.
1. Q: Do you swear to tell the truth, the whole truth, and nothing but the truth?
A: Yes, I do.
2. Q: Are you aware that you may face criminal liability for false testimony or perjury if
you do not tell the truth?
A: Yes, I do.
3. Q: Please state your name, age, and other personal information.
A: My name is Dennis Jess Esteban Lumikid, of legal age, single, and with an
address in Davao City.
4. Q: Do you know the victim?
A: No, sir.
5. Q: Do you have any connection with the victim?
A: None, sir.
6. Q: Where were you on the night of the incident?
A: I was in house of Aurelio Gonato, Jr. in Barangay Guza, Manay, Davao Oriental.
7. Q: What time were you there?
A: I was there from the afternoon until 1:00 a.m.
8. Q: What were you doing there?
A: I was there drinking liquor and singing videoke with Jerome Pausta and Joel
Mamparo,
9. Q: After that where did you go?
A: After that, I went to Gonato's house and slept over.
10. Q: What time did you leave Gonato's house?
A: Around 9:00 a.m., I received a message from PSI Nueva to immediately report to
Manay Police Station
11. Q: What did you do in the Manay Police Station?
A: I was instructed to go to the White Sand Cone Beach Resort.
12. Q: What time did you arrive at White Sand Cone Beach Resort?
A: Around noon.
x----------END OF STATEMENT----------x
IN WITNESS WHERE OF, I have hereunto affixed my signature this 23rd day of June 2020.
Dennis Jess Esteban Lumikid
Affiant
SUBSCRIBED AND SWORN to before me this 23rd day of June 2020 at Ardinazo
and Associates Law Office. I have identified the affiant through his National Identification Card
issued at the Philippine Statistics Authority on the 16th day of September 2020 bearing his
photograph and signature.
Doc. No. 245;
Page No. 35;
Book No. 42;
series of 2016
ATTESTATION
I, Amielser Villegas, of legal age, Filipino, with office address at No. 619 Helmsley Bldg.,
Panganiban Drive, Davao City, under oath state that:
1. Examined the accused, Dennis Jess Esteban Lumikid, concerning the case mentioned
above.
2. I faithfully recorded or caused to be recorded the questions that I asked and the answers
that the witness gave as stated in her judicial affidavit.
3. Neither I nor any other person present or assisting the witness coached him regarding
his answer stated in her judicial affidavit.
Amielser Villegas
Affiant
SUBSCRIBED AND SWORN to before me this 23rd day of June 2020 on the 16th day
of September 2020 at Ardinazo and Associates Law Office, the affiant personally appeared and
exhibited to me his Integrated Bar of the Philippines Identification Card with I.D. No. 69069
bearing her photograph and signature.
Doc. No. 245;
Page No. 35;
Book No. 42;
series of 2016
SCAD Link: https://lawphil.net/judjuris/juri2020/jun2020/gr_242695_2020.html
