Information for Attempted Homicide - Judicial Affidavit

REPUBLIC OF THE PHILIPPINES ILOILO CITY, PHILIPPINES X- - - - - - - - - - - - - - - - - - - - - - - X

S.S

JUDICIAL AFFIDAVIT OF POPEYE DE LA CRUZ

I, POPEYE DE LA CRUZ, 23 years old, single , residing at Spinach Street, Jaro, Iloilo , after having been sworn to in accordance with the law do hereby depose and state:

That Atty. IZABELLA CALZADO is the counsel who conducted and supervised my examination as a witness at her office at Third Floor, Snow Bear Building, Gen, Luna Street, Iloilo City;

That I am answering the questions herein fully conscious that I do so under oath and that I may be criminally liable for false testimony or perjury;

The following are the Questions propounded by Atty. Enna Fleur C. Trivilegio and my answers in English language:

Question 1: Do you swear to tell the truth and nothing but the truth? Answer 1: Yes Ma’am.

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Question 2: Are you the same POPEYE DE LA CRUZ, the private complainant in this case for Attempted Homicide now pending before the Regional Trial Court, Branch 68 of Iloilo City, Iloilo? Answer 2: Yes, Ma’am

Question 3: Do you personally know the accused in this case, Mr. Bluto Reyes? Answer 3: Yes, Ma’am.

Question 4: Can you tell us why you personally know Mr. Bluto Reyes? Answer 4: He is a student from the university where I am currently studying and a member of our rival fraternity.

Question 5: Where were you on March 8, 2015 at about 9 o’clock in the evening? Answer 5: I was at a party of a friend from the university.

Question 6: Who was with you during that time? Answer 6: I was with my friends, Mickey Maos and Donald Daak.

Question 7: What transpired during that time? Answer 7: My friends and I were guests at a party nearby when we were informed that a fight was about to take place between my Page 2 of 5

brother, Finn, and Bluto. They were supposed to meet to settle a previous quarrel between the two of them. I arrived at a corner of a street nearby where the party took place, seeing the two hurling invectives at each other. Thereafter, Bluto challenged Finn to a fistfight to settle their quarrel once and for all; Finn rose to the challenge. However, Bluto lost the fight. Others members of his group started to appear. Thus, the one-on-one escalated into a rumble between the members of the two groups.

Question 8: What did you do then, when they started to fight? Answer 8: I also started throwing punches but Mickey and I saw that Bluto had a knife and used it to chase away the members of our group. He also chased Mickey away, leaving the me alone; then Bluto’s group ganged up on me. The beat me and stabbed the left side of my stomach while I was standing, with Phineas ans Ferb holding my arms. After that I was again beaten by Bluto’s group until I then fell into a nearby shallow and open canal and Bluto's group left me there. I inspected by stab wound and saw that a portion of my intestines showed. On foot, I went to find help. I was brought to the Iloilo Doctor's Hospital where I underwent surgery. I stayed at the hospital for a week, and thereafter stayed home for one month to recuperate.

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Question 9: How could you say that it was Mr. Bluto Reyes that stabbed you? Answer 9: From where the incident took place, there were sequence of street lights along the street and two (2) posts stood where Finn and Bluto had their conversation and thereafter the fight. The scene was also illuminated by "white, fluorescent type" light coming from a 24-hour burger joint.

Question 10: Do you have anything else to say, Mr. De La Cruz? Answer 10: No more, Ma’am.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 23th day of March 2015 at Iloilo City, Philippines.

POPEYE DE LA CRUZ Private Complainant

SUBSCRIBED AND SWORN to before me this 23th day of March 2015 at Iloilo City, Philippines.

ATTY. IZABELLA CALZADO Counsel for Plaintiff IBP NO. 7753678/02.03.10/Iloilo PTR NO. 3636846/01.19.10/Iloilo City ROLL NO. 504643 MCLE COMPLIANCE NO. II-0015592

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ATTESTATION OF LEGAL COUNSEL I, IZABELLA CALZADO, after having been sworn to in accordance with the law do hereby depose and say: 1. That I have faithfully recorded or caused to be recorded the questions I asked and the corresponding answers that witness, POPEYE DE LA CRUZ, gave; 2. That I have not, nor any other person present or assisting coached the witness regarding the witness’ answers; and 3. That I fully understand that any false attestation shall subject me to disciplinary action, including disbarment. IN WITNESS WHEREOF, I have hereunto affixed my signature this 23th day of March 2015 at Iloilo City, Philippines.

IZABELLA CALZADO Counsel for Plaintiff IBP NO. 7753678/02.03.10/Iloilo PTR NO. 3636846/01.19.10/Iloilo City ROLL NO. 504643 MCLE COMPLIANCE NO. II-0015592

SUBSCRIBED AND SWORN to before me this 23th day of March 2015 at Iloilo City, Philippines.

Copy Furnished: ATTY. PRINCE C. HARMING Office of the City Public Prosecutor Iloilo City

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