Judicial-affidavit_final.docx

Republic of the Philippines) CITY OF TACLOBAN ) S.S. JUDICIAL AFFIDAVIT I, MARIA JOSEFINA CRUZ, 25 years old, born on December 11, 1993, single, employed as Management Trainee at Gaisano Capital, after having been duly sworn to in accordance with law, hereby depose and state:

PRELIMINARY STATEMENT That in accordance with A.M. No. 12-8-8-SC, which prescribes the use of judicial affidavits to serve as the direct examination testimony of the witness, on the basis of which the adverse party may conduct their cross-examination on such a witness, I hereby execute this judicial affidavit in a question and answer format; That conformably with section 3 (b) of the said A.M. No. 12-88SC, I also state that it was PO3 Ismael Salvador, investigator of V&G Subd. Police Station who conducted the examination of the undersigned affiant; That conformably also with section 3 (c) thereof, I hereby state under the pain of perjury that in answering the questions asked of me, as appearing herein below, I am fully conscious that I did so under oath, and that I may face criminal liabilities for false testimony or perjury; PURPOSE(S) OF THE AFFIDAVIT 1. To establish probable cause for the filing of an information for Violation of the crime of Rape under Article (Art.) 266-A of the Revised Penal Code (RPC) against Teofisto “Toto” Alcon; 2. To serve as my direct testimony and to prove the material allegations in my complaint; and 3. To prove other relevant matters.

AND UNDER OATH, AVERS THE FOLLOWING: 1. Please state your name and your personal circumstances. A: I am Ma. Josefina Cruz, 25, Single, and Employed 2. What are your reasons for coming to this office? A: I would like to file a complaint for rape against Teofisto R. Alcon a.k.a Toto. 3. When did this said incident happen? A: On December 10, 2018, 11pm. 4. Where is your apartment located? A: Brgy. 95 Caibaan, Tacloban City, Leyte. 5. How long have you been living to that apartment? A: Eight years sir. Since I was in college. 6. Are you living alone? A: No sir, I am with my parents. 7. Can you tell us how the incident started? A: On December 10, 2018, around 11 o’clock in the evening, I came home from a party. When I arrived at my apartment, the moment I opened the door, a man who I immediately recognized as my neighbor Teofisto “Toto” pushed me inside my apartment unit, which caused me to fall to the floor. 8. Did you notice that Toto was nearby or around your apartment when you got home? A: I did not notice him at all. It was dark in the narrow ally going to my apartment, as it was not well lit. 9. Going back to the incident, what happened after you fell? A: I managed to stand up. I tried to run, however he (Toto) managed to grab my desk lamp and threw it at me, which resulted to me falling to the floor again. While I was on the floor, he told me “Ayaw na gad pag dalagan iday kay diri ka makakadalagan ha akon (Don’t try to run because you cannot outrun me.).” He then grabbed me by my right arm and dragged me to the room nearest to the main door. I tried to call for help but he threatened me with a knife and said “Sige, guliat kay bubun-on ko ikaw (Go, try to

scream I will stab you.).” His smell reeked of alcohol, so I assumed he was intoxicated. He then restrained me. 10.

How did he restrain you?

A: He tied my hands together. He seemed to have readied the rope beforehand. Then he forced a face-towel into my mouth. I tried to fight back while he was tying my hands together, however I had no energy to fight him back. 11.

Why would you say you had no energy to fight back?

A: Because of the desk lamp he threw at me. It hit me at the back of my head, near the neck area. I felt dizzy and so much pain which drained out all my energy. 12.

While you were restrained, what did he do to you?

A: He pushed me on top of the bed inside the room. Afterwards, he used one hand to lift my tied arms above my head and held it down so I could not fight or push him back. He continued to kiss my neck. His other hand lifted my dress, rubbed my breasts in a sexual manner, and ripped off my underwear. He then took of his shorts and brief, inserted his penis into my vagina and made pumping motions until he ejaculated. 13.

What did he do after?

A: After satisfying his lust, he put his left hand around my neck, while showing me a knife with a blade of about 6 inches long, and said “Mag sukmat ka la, papatayon ko ikaw. Sunod ng ani kumadi ako, ayaw na pag palag ha?! (If you tell anyone I will kill you. Next time I come here, don’t fight back anymore.)” He then left through the main door laughing. 14.

What did you do after he left?

A: I just laid in the bed. I felt very weak, exhausted, and even lifeless. My face bared no emotions. I cried so hard while he was raping me, it felt like I had no more tears to cry when he left. After a few minutes, I managed to grab my cellphone and called my mother, who was in Sta. Rita, Samar at the time attending a funeral. I told her everything that happened. An Affidavit executed by my mother to attest that I called her and told her everything that happened is hereto attached as Annex “A”. 15.

What happened next?

A: After an hour, my parents arrived home and we immediately went to the Police Station to report the incident. A copy of the police report signed by PO1 was issued and hereto attached as Annex “B”. Afterwards, my parents accompanied me to RTR Hospital Emergency Room to be examined. A medico legal report signed by the Attending Physician was issued. A copy of the said report is hereto attached as Annex “C” & made an integral part hereof. 16.

Do you personally know Toto prior to the incident?

A: No, I did not know him personally prior to the incident. I only knew that he was from Caibaan because there are times when we happen to ride the same multicab from Caibaan to Downtown Tacloban. 17. Since you didn’t know him prior to the incident, how did you recognize him? A: There was a time when he tried to have a conversation with me while we were waiting for a multicab. He introduced himself as “Toto,” however I did not mind him because I had no interest in him because he was a stranger. Ever since then, he would always say hi or smile every time our paths crossed. That’s why I easily recognized him. ---------END OF STATEMENT---------

AFFIANT’S OATH AND ATTESTATION I, MARIA JOSEFINA CRUZ, Filipino, of legal capacity and competence to comprehend without any vice of consent, hereby attest to have voluntarily and truthfully made the answers to the foregoing questions. IN WITNESS WHEREOF, I have hereunto affixed my signature this _______________, in Tacloban City, Philippines.

ATTESTATION I, PO3 Ismael Salvador, investigator of V&G Subd. Police Station, Tacloban City, on my oath as the Investigator-on-Case (IOC), hereby depose and states: That I have personally conducted the foregoing

examination to the witness-affiant Maria Josefina Cruz at V&G Subd Police Station, Tacloban City. That I have faithfully recorded and translated into English language the questions asked of him/her and the corresponding answers that she gave in response to the questions asked; Neither I nor any other person/s coached this witness-affiant regarding the answers given by her. IN WITNESS WHEREOF, I hereunto set my hand below this ____ day of December, 2018 at Tacloban City, Leyte.

PO3 Ismael Salvador Investigator

SUBSCRIBED AND SWORN to before me this _____ day of December, 2018 at Tacloban City, Leyte. Further, I certify that I personally examined the herein affiant that he voluntarily executed and fully understood his statements.

PCI Rudy Banguardia Officer In-charge Administering Officer

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