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Judicial Affidavit of Ian Mar Escobarte

This document is a judicial affidavit from Ian Mar Salas Escobarte regarding an election protest case filed against him by Alexis Flotina Navales. In the affidavit, Escobarte answers questions under oath about the election and denies any irregularities. He states that his election watchers in 10 precincts also submitted affidavits confirming there were no anomalies in the voting. Escobarte expresses surprise at the protest since he heard no complaints during or after the election.
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0% found this document useful (0 votes)
78 views4 pages

Judicial Affidavit of Ian Mar Escobarte

This document is a judicial affidavit from Ian Mar Salas Escobarte regarding an election protest case filed against him by Alexis Flotina Navales. In the affidavit, Escobarte answers questions under oath about the election and denies any irregularities. He states that his election watchers in 10 precincts also submitted affidavits confirming there were no anomalies in the voting. Escobarte expresses surprise at the protest since he heard no complaints during or after the election.
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Republic of the Philippines

11th Judicial Region


Municipal Trial Court in Cities
Province of Davao del Sur
Digos City

ALEXIS F. NAVALES
Protestant, Election Case No. 01 (18)

For: Election Protest


-versus-

IAN MAR S. ESCOBARTE


Defendants.
x----------------------------------------------x

JUDICIAL AFFIDAVIT OF
IAN MAR SALAS ESCOBARTE

I, IAN MAR SALAS ESCOBARTE, of 39 years old, Filipino, married


and residing of Barangay Matti, Digos City, Davao del Sur, Philippines,
having been duly sworn in accordance with law, hereby depose and state
that:

1. On July 2, 2018, I was examined by Atty. Genevieve Paulino of


the Paulino Law Office located at 0006 Rizal Ave., Brgy. San Jose, Digos
City, Philippines;

2. I answered the questions asked of me, fully conscious that I do


so under oath and that I may face criminal liability for false testimony or
perjury;

3. The questions were asked in English and Visaya, both


languages that I speak and understand. But some of the questions in
English had to be translated in the Visayan Dialect. Then I answered in the
English language and the Visayan dialect;

4. The following are the questions asked of me by Atty. Paulino


and my corresponding answers:

Q1: What is your name? (Unsa imong pangalan?)


A1: IAN MAR SALAS ESCOBARTE
Q2: Where do you live? (Asa ka nag-puyo?)
A2: Barangay Matti, Digos City, Philippines

Q3: In what language shall we conduct the question and answer


for your judicial affidavit? (Sa unsa nga lengwahe nato
pagabuhaton ang mao nga mga pangutana sa imuhang
Judicial Affidavit?)
A3: Bisaya pero pwede English. Sagol lang, Ma’am. (In the
Visayan dialect but I can understand English as well.
Mixed, Ma’am.)

Q4: Are you aware that you may be criminally prosecuted for
Perjury or False Testimony if you will be caught lying in your
judicial affidavit? (Kabalo ka ba na pwede kang
makasuhan ug Perjury or False Testimony kung
masakpan ka na namakak sa imong judicial affidavit?)
A4: Yes.

Q5: Is the taking of your statements under oath, voluntary?


(Boluntaryo ba imong pagpanumpa?)
A5: Yes, Ma’am.

Q6: Do you know the Protestant Alexis Flotina Navales? (Kaila ba


ka sa Protestant Alexis Flotina Navales?)
A6: Oo Ma’am (Yes Ma’am).

Q7: How do you know him? (Giunsa nimo pagkaila niya?)


A7: Sya ang akong nakalaban sa niaging barangay election para sa
posisyon na barangay captain. (He was my opponent in
the recent barangay elections for the position of
barangay captain.)

Q8: Ngano naa ka diri karon? (Why are you here now?)
A8: Para mag testigo laban sa mga akusasyon sa amo sa kaso na
gi sangat ni Alexis Navales laban nako. (In order to testify
against the accusations stated in the case filed by
Alexis Navales against me)

Q9: What facts will you attest to? (Unsa nga mga butang ang
imong pamatuoran?)
A9: Nga dili tinuod nga naay “anomalies” o “irregularities” sa
niaging eleksyon. (That there were no anomalies or
irregularities in the recent elections.)
Q10: Nganong naingon nimo ni? (Why are you able to say this?)
Kay nagbantay man pud ang akong mga watchers ato nga
A10: panahon ug wala silay nabantayan nga nag object or protesta
kuno ang mga watchers ni Navales tungod kay naa
irregularity. Wala man gani naka butang sa minutes na naay
objections. (Because I too had watchers who were on
duty at that time and they did not know of any
objections or protests allegedly posed by the watchers
of Navales on the ground of irregularities. They did not
even put this in the minutes).

Unsa imong pruweba niini? (What is your proof of this?)


Q11: Ang akong mga election watchers nag execute ug mga
A11: affidaivit bahin niini. Naka attach ning mga affidavits sa akong
Answer bilang Annex “1” hangtod Annex “8”. (My election
watchers executed an affidavit regarding this. Their
affidavits were attached in my Answer as Annex “1” up
to Annex “2”.)

What did your watchers state in their affidavits? (Unsa ang gi


Q12: ingon sa imong mga watchers sa ilang affdaivits?)
Gi-kompirma nila na sa ilahang presinto, wala’y anomalya na
nahitabo. Sa precint #195, #193, #199, #196, #194, #190,
A12 #192, #191, ug #200 ang mga watchers diri kay nag ingon
under oath na walay anomalya or irregularity nga nahitabo.
(They confirmed in their precincts that there were no
anomalies that happened. In precints #195, #193,
#199, #196, #194, #190, #192, #191, and #200 the
watchers assigned there stated under oath that there
were no anomalies or irregularities that happened.)

Q13: Is there anything else you wish to say? (Naa pa ba kay lain
nga ika-ingon?)
A13: Oo Ma’am. Na tingala gyud ko sa electoral protest na gisaka sa
akong kalaban sa akoa. Sa buond election period wala gyud
koy nadunggan na baski unsa nga reklamo gikan sa ila o
baskin katong proclamation nako, wala koy nadunggan na nag
reklamo sila. Unya kalit na lang nga naa koy nadawat nga
summons ani nga kaso. Natingala gyud ko. Dili ko ga hawid
ani akong posisyon (Yes Ma’am. I was really surprised
that this electoral protest was filed by my opponent. In
the entire duration of the elections, I never heard a
single complaint from their camp or even during my
proclaimation, no protest was made known to me.
That’s why I was shocked when I received the
summons for this case.)

Common questions

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In the judicial affidavit process, language comprehension and translation are crucial for ensuring that the examined individual fully understands the questions posed to them and can respond accurately. Ian Mar Salas Escobarte, who speaks both English and Visaya, had some questions translated from English to the Visayan dialect to ensure clarity and accuracy in his responses. This underscores the necessity of accommodating linguistic needs to maintain the integrity of the process and prevent misunderstandings that could lead to false testimonies or perjury .

Ian Mar Salas Escobarte's affidavit highlights potential weaknesses in Alexis Flotina Navales' electoral protest by underscoring the lack of documented objections during the election process. The absence of anomalies in watcher testimonies and no recorded protests in the election minutes could indicate that Navales’ claims are not substantiated by concrete evidence. Furthermore, Escobarte's surprise at the protest suggests it might be more of a strategic maneuver rather than one based on detectable election misconduct .

The affidavits from election watchers serve as crucial evidence to strengthen Ian Mar Salas Escobarte's defense by corroborating his claim that no electoral anomalies occurred. These affidavits, attached as Annexes in his Answer, provide sworn testimonies from multiple precincts, confirming that no irregularities were observed. The documentation from these affidavits counters the accusations by creating a documented record of transparency and compliance within the electoral process, thereby reinforcing Escobarte's position legally and factually .

Ian Mar Salas Escobarte expresses skepticism towards the electoral protest by highlighting his surprise and disbelief. He notes that during the entire election period and even at his proclamation, there were no complaints or protests from the opposing camp. His unawareness of any dissatisfaction until the summons was issued suggests that the protest was unexpected and possibly unfounded from his perspective. This skepticism challenges the grounds and motivations of the protest .

Ian Mar Salas Escobarte establishes his credibility by providing evidence-supported denials of electoral irregularities. He references affidavits from his election watchers, who witnessed no anomalies at various precincts, and highlights the absence of any complaints during the election period and proclamation. His reliance on documented evidence and the consistency of accounts across multiple sources contribute to the robustness of his denial, reinforcing his credibility in the face of accusations .

The suddenness of the electoral protest plays a significant role in Ian Mar Salas Escobarte’s testimony by highlighting his surprise and potentially undermining the credibility of the protest itself. Escobarte had not heard any complaints or protests during the election or his proclamation, which suggests that the protest may lack a substantive basis and could be viewed as an unexpected legal strategy by the opposition. This aspect casts doubt on the protest's legitimacy and supports Escobarte's defense by painting the actions against him as reactive rather than preemptively unforeseen .

The strategic use of multiple dialects in the judicial affidavit hearing ensures clear communication and comprehensive understanding between legal parties. In the case of Ian Mar Salas Escobarte, using both English and Visaya allowed for precise articulation and comprehension of the questions and answers. This bilingual approach accommodates linguistic diversity and enhances the defendant's ability to accurately convey information and arguments. For the legal process, this means greater inclusivity and potentially reducing miscommunication that could jeopardize the integrity of testimonies .

Acknowledging the possibility of criminal liability for false testimony in his judicial affidavit underscores the seriousness and legal gravity of the statements made under oath. It signifies that Ian Mar Salas Escobarte is aware of the legal consequences of perjury, thereby adding weight to his testimonies. This awareness acts as a deterrent against dishonesty and emphasizes the reliability of his declarations as it indicates a commitment to truthfulness in legal proceedings .

The judicial affidavit format contributes to clarity and accountability by providing a structured platform where questions and answers are meticulously documented, thus ensuring precise communication. In Ian Mar Salas Escobarte's testimony, this format requires verbal confirmation under oath regarding awareness of legal consequences, which adds a layer of accountability to his stated claims. Furthermore, the transparency and formalization of his responses in written form help maintain the integrity of his affirmations, making it a critical tool in legal verification .

Ian Mar Salas Escobarte's defense strategy is effective due to its focus on evidentiary support and straightforward denials of accusations. By presenting affidavits from multiple election watchers denying irregularities, Escobarte builds a factual basis that contradicts the claims made by Alexis Flotina Navales. His strategy is further reinforced by underlining the absence of prior complaints during and immediately after the election, thereby framing the protest as groundless or opportunistically timed. The logical coherence and strategic use of documented proofs enhance the effectiveness of his defense .

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