Judicial Affidavit of Grace
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1 CRIM. CASE No. C-45456-14 Judicial Affidavit
Republic of the Philippines REGIONAL TRIAL COURT Fourth Judicial Region Branch 15 Tagaytay City, Province of Cavite CRIM. CASE No. C-45456-14 FOR: HOMICIDE PEOPLE OF THE PHILIPPINES Plaintiff, -versusREUBEN RAYOS Y PITT Accused. x-----------------------------------/ JUDICIAL AFFIDAVIT OF MRS. GRACE POE-LAMANZARES PRELIMINARY STATEMENT I, GRACE POE-LAMANZARES, 56 years old, married, residing at Purok 3, Brgy. Lituan, Tagaytay City, after having been sworn to in accordance with the law do hereby depose and state: That Atty. FERDINAND V. AQUINO is the counsel who conducted and supervise my examination as a witness at Azures Bldg., Unit 1, Brgy. Libertad, Tagaytay City, Province of Cavite; That I am answering the question herein fully conscious that I do so under oath and that I may be criminally liable for false testimony or perjury;
CRIM. CASE No. C-45456-14 Judicial Affidavit
PURPOSE The purpose of this Judicial Affidavit is to prove; a. unlawful aggression on the part of Junie Jung, b. reasonable necessity of the means employed to prevent or repel the unlawful aggression by Junie Jung against the person of Reuben Rayos and Jejomar Binay, and c. lack of sufficient provocation on the part of Reuben Rayos in defending himself and Jejomar Binay. The following are the question propounded by Atty. Ferdinand V. Aquino, and my answers in the English language: Q1: Do you swear to tell the truth and nothing but the whole truth? A1: Yes, Sir. Q2: Do you personally know the accused, Mr. Reuben Rayos, in this Criminal Case pending before the RTC of Tagaytay? A2: Yes, Sir. Q3: Can you tell how you personally know Mr. Reuben Rayos? A3: We live in the same neighborhood, Sir. I knew him since he was a young boy. His family is from Samar. He just lives a few meters away from our residence. He never left Brgy. Lituan since his family moved there. Q4: How about the victim, Mr. Junie Jung, do you personally know him? A4: Yes, Sir. Q5: Can you tell how you personally know Mr. Junie Jung? A5: We are neighbors. Just like Mr. Rayos, his residence is just a few meters away from where I live, Mr. Jung’s father is a Swiss national. The said father left Junie and his mother when Junie was just three (3) years
3 CRIM. CASE No. C-45456-14 Judicial Affidavit old. But according to Junie, his father continued supporting him and his mother. Also, Junie, compared to his other friends, lived a much comfortable life since his father supports him and his mother. I saw Junie as a kid, a young lad, until his unfortunate death. He and his mother never left Lituan. Q6: How about Mr. Jejomar Binay? Do you know him too? A6: Yes, Sir. Q7: Can you tell how you personally know Mr. Jejomar Binay? A7: Jejomar also lives in Lituan, Tagaytay. He lives near our house and the National Highway. I have known him to be friends with both Reuben and Junie. They all went to the same Elementary school, though during High school, the three of them parted ways. Reuben stayed stayed in a Public National High School while Junie and Jejomar were admitted to the same private High School. But they remained friends. Q8: So at least, you know them to be friends? A8: Yes, Sir. Q9: Were there instances where you noticed any altercation or dispute between any, or among the three of them in the past? A9: None, Sir. None that I can recall of. Q10: Are you the owner/proprietor of “Aling Grace’s Sari-sari Store” located at Kalye Segundina, Brgy. Lituan, Tagaytay City? A10: Yes, Sir. Q11: Where were you at around 10:00 o’clock in the evening on July 5, 2014?0 A11: I was tending to my Sari-sari Store, Sir.
CRIM. CASE No. C-45456-14 Judicial Affidavit Q12: Do you recall Mr. Jung and Mr. Binay to be at the store on that date? A12: Yes, Sir. They arrived at around 9:00 o’clock in the evening of that date, Sir. Q13: Do you remember what they were doing during that time on that date? A13: Yes, Sir. Q14: Can you tell what they were doing that time on that date? A14: They were having a drinking spree. They borrowed a cup and a table from my store. Q15: What happened next? A15: After consuming all the beer they ordered, they ordered some more and continued with their drinking spree. Q16: Do Mr. Jung and Mr. Binay always come to your store to have drinking sessions? A16: Mr. Jung always drinks at my store but as for Mr. Binay, only seldom. This year, I only remember him come to my store three (3) times. The last one was on that night of July 5, 2014. Q17: How about Mr. Jung? How often does he visit your store to drink alcoholic beverage? A17: About 5 to 6 times a week, Sir. Q18: Going back as to what transpired on July 5, 2014, do you remember Mr. Reuben Rayos coming to your store? A18: Yes, Sir. Q19: At what particular time did Mr. Rayos come and stop by?
5 CRIM. CASE No. C-45456-14 Judicial Affidavit A19: At around 10:45 o’clock in the evening, Sir. Q20: Why did Mr. Rayos stop at your store? A20: Mr. Jung called him. Reuben was passing by Kalye Segundina, when Mr. Jung and Mr. Binay saw him. Mr. Jung called him to stop by and join them in their drinking spree. Q21: Did Mr. Rayos come to them? A21: Yes, Sir. Q22: What happened next? A22: Mr. Jung ordered two more bottles of 1-liter beer and some pulutan. Q23: After that , what happened next? A23: They continued drinking, Sir, now with Mr. Rayos. Q24: Can you tell what happened next? A24: Mr. Jung and Mr. Binay were having an alterction. They started pushing each other. Q25: What happened afterwards? A25: They were beginning to become more violent towards each other. Mr. Jung and Mr. Binay were shouting at each other. Later on, Mr. Rayos stood to get between their dispute. He uttered “Tama na Jun, nagkakasakitan na kayo eh” (Jun, that’s enough. You are hurting each other.). Q26: How did Mr. Jung respond to Mr. Rayos? A26: Junie uttered something, Sir. I cannot remember the exact words but Junie told Reuben not to intervene with him and Jejomar. Q27: Can you remember what happened next?
CRIM. CASE No. C-45456-14 Judicial Affidavit A27: Junie and Jejomar were pushing each other. When Reuben intervened, he too was pushed by Junie. Q28: What happened to Mr. Rayos? A28: He fell to the ground. Q29: What happened next? A29: I picked up the phone, Sir, and dialed for the Local Police Station. Q30: What happened next? A30: While dialing, Sir, I was also looking at what was happening outside my store. Q31: What did you observe when you looked outside of your store? A31: I saw Junie on top of Reuben already. It appeared that they were fighting or wrestling over something, though I could not determine what it was. Q32: May I direct your attention on your statement that you dialed the number of the Local Police Station. At the time you were looking outside your store, were you still trying to connect with the Local Police Station? A32: Yes, Sir. Q33: Were you able to connect with the Local Police Station? A33: Yes, Sir. Q34: Were you able to converse with any of the police officers of the Local Police Station? A34: Yes, Sir. I heard the voice of the police officer uttering some words. I composed myself and started to explain what was happening.
7 CRIM. CASE No. C-45456-14 Judicial Affidavit Q35: What happened next? A35: The Police Officer asked me to explain the situation. After the Police Officer recorded all the details, I put down the phone. Q36: What happened then? A36: I was Junie at the far right outside my store, around 6 to 7 meters away from my store.
Q37: Can you describe Mr. Jung’s position and condition? A37: He was lying flat, facing up. He appeared to be unconscious though I can see blood was gushing out from his mouth. Q38: How about Mr. Rayos? Where was Mr. Rayos that time? A38: Reuben was crawling towards the direction where Jejomar was lying. Q39: Speaking of Mr. Jejomar Binay, what was his condition? A39: Jejomar appeared to be unconscious too. I also notice that Jejomar was bleeding from his abdomen and right arm. Q40: Can you tell what happened next? A40: At first, I remained inside the store because I was shocked by what I had witnessed. I was crying too. But later on, whe I noticed that Reuben was not armed or did not appear enraged, I composed myself, went out, and checked on the three of them. Q41: Can you tell what did you notice? A41: I saw blood all over the place, Sir. Jejomar was haltingly breathing and unconscious while Reuben was sitting beside Jejomar. I could not see Reuben’s face since it was a bit dark and he was looking down. I
CRIM. CASE No. C-45456-14 Judicial Affidavit asked Reuben if he is okay, to which he did not respond. I checked Jejomar as well, but he too, did not respond. Q42: What happened next? A42: The Barangay tanods of Lituan came and took custody of Reuben. Later on, an ambulance arrived and responded to both Junie and Jejomar. After that, Reuben was finally placed inside the Barangay’s Emergency Response Vehicle. A few more minutes, the said vehicle left. The affiant further sayeth naught. IN WITNESS WHEREOF, I have hereunto set my hand this 29 th day of October 2014 at Tagaytay City.
GRACE POE-LAMANZARES Affiant
SUBSCRIBED AND SWORN TO BEFORE ME, a Notary Public in and for Tagaytay City/Cavite Province this 29 th day of September 2014. Affiant came and appeared with SSS ID NO. 6888789 issued on April 15, 2014 at Tagaytay City bearing her photograph and signature, known to me as the same person who personally signed the foregoing instrument before me and avowed under penalty of law to the whole truth of the contents of the said instrument.
ATTY. FERDINAND V. AQUINO Notary Public for Tagaytay City/Cavite Province
9 CRIM. CASE No. C-45456-14 Judicial Affidavit Azures Bldg., Unit 1, Brgy. Libertad, Tagaytay City Commission Serial No. 4040316 until December 31, 2015 Attorney’s Roll No. 2018188 IBP No. 12345-01/14/14 – Tagaytay City PTR No. 687903-01/14/14 – Tagaytay City MCLE Compliance No. C-0000787 – Oct. 21, 2014
Series of 2014