SAMPLE JUDICIAL AFFIDAVIT: of the respondent's witness in a Criminal Case for Violation of Data Privacy Act
REPUBLIC OF THE
PHILIPPINES
REGIONAL TRIAL COURT
NATIONAL CAPITAL REGION
PASAY CITY, BRANCH ___
PEOPLE OF THE PHILIPPINES
Petitioner,
- Versus
-
Criminal Case No. ________
For: Violation of Data Privacy Act of
2012
JC COLLECTION AGENCY
Respondent,
x--------------------------------------------x
JUDICIAL AFFIDAVIT
OF
KILLUA ZOLDYK
This Judicial Affidavit of Killua Zoldyk, who is the product
owner/developer of the Penge Pera App, an online lending application business
of the JC Collection Agency is executed to serve his direct testimony in the
instant case.
PURPOSES: This Judicial Affidavit
is being offered to prove the following:
1. That Killua Zoldyk is the Product Owner or Developer of the
Penge Pera App;
2. That the scraping of data from complainants mobile phone
cannot be made without prior consent based on the automated features and
architecture of the Penge Pera App;
This Judicial Affidavit was taken at the office of Atty. MJ Go
at #33 Winn Residences Bagong Silangan, Quezon City.
Questions are numbered consecutively and each question is
followed by an answer of the witness.
1. Q: Do you swear to tell the truth and nothing
but the truth?
A: I do.
2. Q: Are you aware that you can face criminal
liability for false testimony or perjury if you will not tell the truth?
A: I am.
3. Q: Please state your full name and other
personal circumstances.
A: I am Killua Zoldyk, 33
years old, I live at San Roque Village, Sta. Ana Manila and I am currently
working at JC Collection Agency.
4. Q: What is your position in JC Collection
Agency?
A: I am the Product Owner and developer of the Penge Pera
App, an online lending application business of the company.
5. Q: Witness you said you are working as a
developer in JC Collection Agency, how long you have been
working there as a developer?
A: More than 3 years,
since 2016.
6. Q: What can you show us to prove that you are
working at JC Collection Agency?
A: I can show you my
employment certificate from JC Collection Agency.
7. Q: You mentioned an employment certificate, if
I show you a document, would you be able to identify the same?
A: Yes
8. Q: I have here a document, titled JC
Collection Agency Employment Certificate with a name, Killua Zoldyk,
signed by Gin Freecs, the CEO and Hisoka Joker, HR Manager, bearing the seal of
the JC Collection Agency is this the certificate you are referring
to?
A:Yes
9. Q: How did you obtain this document?
A: I personally obtained
this document from the HR department of JC Collection Agency
Your honor, after having been identified and authenticated by
the witness, may we move that the Employment Certificate previously marked at
the pre-trial be permanently marked as exhibit 1
10. Q: What is your function or duties as a
product owner or developer of the Penge Pera App?
A: I am the one who develops the framework and architecture
as well as the data platform of the app but the contents seen within the app
are made and composed by the lending institution. I only need to install the
contents in the app. I am also the one who maintains the security of data
stored in the platform for I have access to the same together with the
company Manager Ms. Jennifer Garner, who’s the one approving loan
applications.
11. Q: Can you tell us more about the
architecture of the Penge Pera App?
A: It is a loan automation
system that enables processing of loans from application to final confirmation
without the physical presence of both the applicant and the lending
institution. The software of the App captures the required loan data elements
only once, keep such information secure throughout the loan process in a data
platform, where all data collected to the borrower in processing his loan are
stored. The data collected are monitored and the App tracks the status of the
loans given out to allow better workflow and enhance compliance to conditions,
ensure security of information, reduce lending lifecycle times, apply
appropriate interest to loans, indicate and penalize defaulters, and notify the
concerned borrower on the progress of their loan.
12. Q: What can you show us to prove that what you
just said is truly the design or architecture of the Penge Pera App?
A: I can show you the approved architecture design of the
Penge Pera App.
13. Q: You mentioned the approved architecture of
the Penge Pera App, I have here a document entitled the “Project Penge Pera
Application Architecture Design” with the name Killua Zoldyk, the developer,
signed by Mr. Gin Freecs the CEO, and bearing the seal of the JC
Collection Agency, is this the architecture design you are referring to?
A: Yes.
Your honor, after having been identified and authenticated by
the witness, may we move that the Approved Architecture of the Penge Pera App
previously marked at the pre-trial be permanently marked as exhibit 2.
14. Q: Based on that architecture, you said that
the software of the app captures the required loan data elements, how did the
software captures such data?
A: The data is captured by
clicking the YES button that appears on the App. The clicking of such icon
automatically transmits the data to the App Platform.
15. Q: Why did the YES button appear on the App?
A: Because after installing the App, it made the borrower to
answer for some questions and conditions prepared by the lending institution
for the processing of his loan, which only needs his adherence or consent by
clicking the YES button provided. The YES button serves as an adherence made by
the borrower in the questions and conditions prepared by the company.
16. Q: What data or information is collected and
stored in the platform of the app?
A: The data collected and stored were only those previously
consented to by the borrower when he opted to choose the YES button.
17. Q: Why is it that only the data acquired with
prior adherence to YES button is the one collected and stored in the app
platform?
A: Because I made the architecture of the app to collect
only those data that is consented to by clicking the YES button and the same
will automatically be stored in the platform. It captures and collects only
those data that is willing to be disclosed by the borrower.
Further Affiant Sayeth None.
IN WITNESS WHEREOF, I have hereunto affixed my signature this
____ day of ___________, 2020, Quezon City.
KILLUA ZOLDYK
Affiant
SUBSCRIBED
AND SWORN to this _____ day of ___________, 2020, at the City of Quezon,
Philippines.
CLARIDAD STA. MARIA
NOTARY PUBLIC
Until December 31, 2019
PTR
No. 906760 - Jan. 3, 2019
IBP
No. 918300
Roll
No. 13466
SWORN ATTESTATION
The
undersigned hereby attests that, as counsel of the witness, he faithfully
recorded the questions he asked and the corresponding answer of the witness and
that he did not coached the witness’ answers to the questions propounded.
Atty. MJ Go
Counsel for the Defendant
Roll of Attorneys No. 512345
PTR No. 26-26-0-10, 04/23/2019
IBP No. 910205, 4/11/18, Quezon
Admitted to the Philippine Bar –
April 11, 2018
SUBSCRIBED AND SWORN to
this _____ day of ___________, 2020, at the City of Quezon, Philippines.
CLARIDAD STA. MARIA
Doc. No. : NOTARY
PUBLIC
Page No. : Until
December 31, 2019
Book No. : PTR
No. 906760 - Jan. 3, 2019
Series of 2020 IBP No. 918300
Roll No. 13466
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