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Republic of the Philippines

REGIONAL TRIAL COURT


National Capital Judicial Region
Quezon City
Branch 105

DR. VICKI BELO, Civil Case No. 12345


Plaintiff,

-versus- -for-

GRETCHEN BARRETTO, Malicious Prosecution

Defendant.
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JUDICIAL AFFIDAVIT OF
DEFENDANT GRETCHEN BARRETTO

I, GRETCHEN BARRETTO, of legal age, Filipino, married,


Office Secretary at Cojuanco Corp., a resident of and with postal
address at Forbes Park North, Epifanio de los Santos Avenue, Makati,
Metro Manila, the defendant in the above-entitled case, and after
having been sworn to in accordance with law, hereby depose and
state:

PRELIMINARY STATEMENT

That the taking of my Judicial Affidavit was administered and


supervised by ATTY. GERARD LEE and was done in his office at
CALEE Law Office, One Vertis Plaza, Bago Bantay, Quezon City,
Metro Manila. The questions and answers were conducted in the
English language upon my request. I further undertake under oath
that I may face criminal liability for false testimony and perjury if
ever my answers are later found to be false and under oath being
aware that I may face criminal liability for false testimony or perjury.

Questions asked of the witness are as follows:

1. Q. Are you the same Gretchen Barretto who executed a Judicial


Affidavit in connection with the above-captioned case?
A. Yes Sir.
2

2. Q. Do you know a person by the name of Dr. Vicki Belo, who is


the plaintiff in this case?
A. Yes Sir.

3. Q. Why do you know the plaintiff in this case?


A. Because the plaintiff in this case, Dr. Vicki Belo, was the one
who performed a surgical operation upon my person, which
resulted to disfigurement and further aggravation of my
prior condition, last August 24, 2019, in her clinic at
Diliman, Quezon City.

4. Q. How did you meet the plaintiff?


A. Just around 3 weeks before my operation under Dr. Belo, or
last August 1, 2019, I had undergone an earlier nose lift
procedure from a renowned cosmetic surgeon in Thailand.
However, the said procedure was a failure. My friend, Atong
Ang, recommended Dr. Vicki Belo, to fix my nose. So I set up
an appointment with her.

5. Q. What happened during the consultation appointment?


A. Due to my prior botched nose job, I decided that before I
submit myself to surgery again, I wanted to make sure that it
would be 100% safe, and that there would be minimal to zero
risks involved.

6. Q. What did she say to you?


A. She said that my prior nose job failed because my body
rejected the injected paraffin, and that she will need to
remove the same and replace it with a silicon implant.

7. Q. What did you say in reply to her?


A. I told her that I wanted my operation to be as less invasive as
possible, and for safety to be the forefront consideration. I
also stated my inhibitions about having another surgical
operation just right after the botched one. But she said that it
would be perfectly fine and safe, and that I should trust and
have faith in her expertise and skills. She reassured me by
stating her academic background as an alumnus of UP Med,
by having undergone extensive training at the Institute of
Dermatology in Bangkok, and by emphasizing to me her vast
experience, by first starting at St. Luke’s, before operating
her own medical empire, spanning a total of almost 30 years.

8. Q. What proof if any do you have to prove that you were treated
of your injuries in her clinic?
3

A. After the operation, I asked a Medical Certificate from her. I


also had an X-ray prior to and after the operation. I am
attaching the Medical Certificate as Exhibit “A”, and my X-
ray abstracts as Exhibits “B” and series.

9. Q. Who witnessed this incident if any?


A. Atong Ang, who accompanied me during my consultation
with her and also during the operation itself. He executed a
sworn statement in connection with the incident and I am
attaching it as Exhibit “C”.

10. Q. What happened after the operation?


A.After the operation, I noticed that my nose’s condition did not
improve, and actually even worsened. I aired these
sentiments of mine to Dr. Belo, who however dismissed the
same and stated that it will improve in time. This caused me
to consult another expert cosmetic surgeon, Dr. Pie Calayan,
who told me that having two consecutive surgeries within a
month was not only ill-adviced, but is actually dangerous and
fatal, due to the higher risk of possible infections and
complications. He further stated that it is against the
standard protocol and current existing operating procedures.
He also executed a sworn statement and I am attaching it as
Exhibit “D”.

11. Q. What expenses if any did you incur in connection with the
injuries you sustained?
A. I spent more or less P500,000.00 for my operation and
other incidental expenses. I am presenting copies of official
receipts issued by her clinic as well as from the pharmacy
from whom the medicines for my medication were bought as
well as the list of incidental expenses, marked as Exhibits “E”
and series.

12.Q. Were you employed before the incident?


A. Yes. I am currently employed as an office secretary for
Cojuanco Corp. as evidenced by my Company Identification
Card and Certificate of Employment, which I am attaching as
Exhibits “F” and series.

13.Q. How much is your monthly salary?


A. I receive a monthly salary of PHP35,000.00.

14.Q. What happened after you were treated at the plaintiff’s clinic
(Belo Clinic)?
4

A. I was forced to file a leave of absence but since I have no


more leave credits I did not receive my salary for two (2)
months, equivalent to PHP70,000.00.

IN WITNESS WHEREOF, affiant has hereunto affixed her


signature on this 30th day of September 2019 at Quezon City,
Philippines.

GRETCHEN BARRETTO
(Affiant)

SUBSCRIBED AND SWORN to before me this 30 th day of


September, 2019 at Quezon City, Philippines, after I have personally
examined the affiant and that I am convinced that she voluntarily
executed this affidavit and understood the contents thereof.

Atty. Gerard Lee


CALEE LAW OFFICE
Roll Number: 89766
PTRNo.78966/04-0412/QuezonCity
IBPNo.09866/04-04-12/Quezon City
MCLE Compliance No.89077 10/10/12

Doc. No. 23568


Page No. 8908
Book No. 34568
Series of 2019.

ATTESTATION CLAUSE

ATTY. GERARD LEE, with law office at One Vertis Plaza,


Bago Bantay, Quezon City, Metro Manila, upon being duly sworn,
deposes and states:

1) That he conducted and supervised the examination of the


witness;
2) That he faithfully recorded or caused to be recorded the
questions he asked and the corresponding answers that the witness
gave; and
3) Neither he nor any person then present or assisting him
coached the witness regarding the latter’s answer.
5

IN WITNESS WHEREOF, he affixed his signature on this


30 day of September 2019 at Quezon City, Metro Manila.
th

Atty. Gerard Lee


CALEE LAW OFFICE
Roll Number: 89766
PTRNo.78966/04-04-19/QuezonCity
IBPNo.09866/04-04-19/Quezon City
MCLE Compliance No.89077 10/10/19

SUBSCRIBED AND SWORN TO before me this 30th day of


September 2019 at Quezon City, Metro Manila.

Atty. Marlon Caisip


CALEE LAW OFFICE
Roll Number: 89767
PTRNo.78967/04-04-19/QuezonCity
IBPNo.09867/04-04-19/Quezon City
MCLE Compliance No.89078 10/10/19

Doc. No. 23569


Page No. 8909
Book No. 34569
Series of 2019.

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