Judicial Affidavit - Rape Case (1)

REPUBLIC OF THE PHILIPPINES REGIONAL TRIAL COURT FOURTH JUDICIAL REGION BRANCH II BATANGAS CITY

THE PEOPLE OF THE PHILIPPINES, Plaintiff,

- versus -

CRIMINAL CASE NO. 18527

MANASES BADILLA y Curambao Alias “Manman”, Accused. x ----------------------------------- x

JUDICIAL AFFIDAVIT OF MANASES C. BADILLA

This Judicial Affidavit of MANASES BADILLA y Curambao is executed to serve as his direct testimony in the instant case. This Judicial Affidavit is offered to deny all the allegations in INFORMATION.

QUESTIONS were propounded by accused’s counsel, Atty. Kristine L. Castillo, in English, which the affiant fully understands, while ANSWERS were given/made by witness MANASES C. BADILLA, in Tagalog and the corresponding translation of his answer is provided after each question.

1. Q: Please state your name, age, residence address, and occupation.

A: I am Manases C. Badilla, 27 years old, single, a massage therapist employed in Nuat Thai, and I currently reside in Brgy. Gulod Labac, Batangas City.

2. Q: How are you related to the plaintiff in this case?

A: I do not know her personally, Ma’am.

3. Q: Please tell me how did you know the complainant in this case?

A: She was our customer in Nuat Thai.

4. Q: So that is only when you saw the complainant?

A: Yes, Ma’am.

5. Q: Can you remember where you were on December 13, 2013?

A: I was at my workplace, Ma’am.

6. Q: Can you remember happened on the said day?

A:Yes, Ma’am.

7. Q: What happened that day?

something

unusual

that

A: I was on duty as the massage therapist that day. My duty was until the shop closes. As the evening comes, some customers were coming and I rendered my services to those I can cater.

8. Q: Then what happened next?

A: At around 7:30 in the evening, the complainant came in the shop. She waited until 8:00 before I can attend to her.

9. Q: Was there no other massage therapist at the time the complainant came? A: There was one but she went out that time for a quick merienda.

10.

Q: Then what happened next?

A: When my previous customer left, I rested for a while, then at around 8:00 in the evening, I started the massage for the complainant.

11. Q: Was your previous customer a man or a woman?

A: A woman, Ma’am.

12.

Q: Is she young, middle-aged or an old lady?

A: She looks like she’s on her early thirties, Ma’am.

13. Q: Does she have any company when you massaged her?

A: None, Ma’am.

14.

Q: Where did you massage the said woman?

A: In the room where I usually massage the customers, Ma’am.

15. Q: And is the said room the same room where you massaged the complainant the complainant?

A: Yes, Ma’am.

16. Q: Mr. Witness, can you describe to me the interior design of the shop?

A: When you enter the shop, you would first see the reception area, where the receptionist would welcome the customers. Then a small hallway on the left side would be seen. The said hallway leads to the rooms where the massages were given.

17. Q: So when a person enters the shop, the rooms cannot be easily seen?

A: Yes, Ma’am. But even when the person is still walking towards the shop, the reception area can already be seen because the shop has the glass door and wall enclosing it.

18. Q: So what divides the reception area from the rooms?

A: A wooden wall, Ma’am.

19. Q: Does this wooden wall dividing the first room from the reception area reach the ceiling?

A: No, Ma’am. It has an opening between the wooden wall and the ceiling. The top part of the wooden wall is open. It has floral designs carved on it so it became open.

20. Q: You mean, the wooden wall actually reached the ceiling but the top part of the wall is open because it has a floral designs carved on it?

A: Yes, Ma’am.

21. Q: From the ceiling up to the part of the wooden wall where the floral design ended, how long do you think it is?

A: Around 12 inches, Ma’am.

22.

Q: By 12 inches, you mean, as long as a ruler?

A: Yes, Ma’am.

23. Q: We have a ruler here, can you show the court how long the said opening on the wall is?

A: (Mr. Witness holds the ruler and demonstrates to the court) With the ruler standing, the ceiling is the top of this ruler and the end of the floral design is almost the end part of the ruler also. 24. Q: So from the first inch of this ruler up to the twelfth inch is the length of the floral design?

A: Yes, Ma’am. Approximately, at least.

25. Q: From the first inch up to the twelfth inch is the length of the opening?

A: Yes, Ma’am.

26.

Q: Okay, so each room has this kind of set up?

A: Yes, Ma’am. Even the other rooms next to the first room has the same set up.

27. Q: Mr. Witness, what does the reception area itself look like?

A: It has a couch on the front of the receiving area, where the customers are invited to sit before they can be catered by the therapist. It also has a glass table where magazines and newspaper were displayed for entertainment.

28.

Q: Where is the couch located?

A: It is on the left side of the reception area; it is adjacent to the hallway but it is far enough to give space to allow a person to walk through it.

29. Q: Can you describe what the shop looks like from the reception area?

A: The shop has a narrow hallway on the left part, and it has small rooms for customers where they will be massaged.

30.

Q: What does a room look like?

A: It has two beds, with towels on them, wherein the customer/s will be massaged. It has a small table on the side of the bed wherein ointments, oils and aromatic candles are placed.

31.

Q: Does the room have a door?

A: None, Ma’am. It has a curtain, however, which will be pulled to close the room.

32. Q: So there is no door or wall separating the room from the common area of the shop?

A: None, Ma’am.

33. Q: How would the people inside the shop know that the room is occupied and massage session has started?

A: It is a regulation in the shop that the curtains should be pulled aside when the rooms are not in use. And if a room is in use, it is only when the curtain would be pulled to cover the room for privacy.

34.

Q: How many rooms do you have?

A: The shop has 6 rooms.

35. Q: Which room did you use in massaging the complainant?

A: The first room, Ma’am.

36.

Q: Where is it located?

A: The room right after the reception area, Ma’am.

37. Q: Was there any one else in the area when you were massaging the complainant?

A: Yes, Ma’am. Our receptionist was on her table at that time.

38. Q: How far is the reception area from the first room?

A: Not so far, Ma’am. Because if the receptionist would walk from her table to the first room, it would only take her about 5 steps to reach the room.

39. Q: Mr. Witness, by 5 steps, you mean the normal stride of a person?

A: Yes, Ma’am. The normal walk of a person.

40. Q: Okay, when the complainant arrived, you said you rested for a while after your service with the previous customer. So the complainant had to wait for you to massage her specifically?

A: No, Ma’am. Customers were asked if they would want a male or female massage therapist.

41. Q: So the customers are free to choose who would massage them?

A: Yes, Ma’am.

42. Q: So by that, do you mean to say complainant chose you, a male, to massage her?

the

A: Because I was the only massage therapist at that minute. My co-therapist, a female, went out of the shop for a quick snack, for she just also finished a massage service with a previous customer.

43. Q: So are you saying that the complainant was left with no other choice aside from you to massage her?

A: No, Ma’am. Because when my female cotherapist went out, she said to the complainant that she would just grab a quick snack before she comes back to massage the complainant.

44. Q: If that is the case, why were you the one who massaged the complainant?

A: Because the complainant said that she really needed a massage so I was the one who was left to massage her.

45. Q: After your rest, did you proceed to massage her?

A: Yes, Ma’am. Because she kept on telling the receptionist that she needed the massage.

46. Q: So she chose you instead of waiting for your co-therapist to return?

A: Yes, Ma’am.

47.

Q: Then what happened next?

A: I told her to proceed to the first room where I would massage her. I also told her to undress herself and put on the towel on the bed and to lay down on the bed and to call me after so I can start the massage.

48.

Q: So what happened next?

A: She went inside the room and after a few minutes, she called me.

49.

Q: What happened next?

A: I entered the room and pulled the curtain behind me. I saw the complainant already on the bed, lying down on her stomach.

50.

Q: So what happened next?

A: I started the massage. I put some oil on her back and massaged it. I also massaged the back of her neck and also her calves. The back parts of her body were massaged.

51. Q: After massaging her back, what happened next?

A: I asked the complainant to face front.

52.

Q: And then?

A: She faced front and I massaged her neck up to her shoulders.

53.

Q: What else?

A: I also massaged her legs. From the mid-part of her thighs that are not covered by the towel, her legs and also her feet.

54. Q: Did you ask the complainant to remove the towel covering her body?

A: No, Ma’am.

55. Q: Did you touch the complainant on any part of her body that is covered by the towel?

A: No, Ma’am.

56. Q: What are the parts of the body of the complainant are covered by the towel?

A: The towel covers her chest, her abdomen, her hips and it reaches until the mid-part of her thigh.

57. Q: So you did not see any part of her body that is covered by the towel?

A: No, Ma’am.

58. Q: You did not see her private parts, her breasts and her vagina?

A: No, Ma’am. I only paid attention to the parts that I needed to massage.

59. Q: Okay, so was the complainant sleeping while you were massaging her?

A: When I was massaging the back part of her body, I think she fell asleep because I can hear her snoring a little.

60.

Q: And then?

A: But when I asked her to face front, she woke up.

61. Q: Was she awake by the time you were massaging the front part of her body?

A: Yes, Ma’am.

62. Q: The complainant alleged that you touched and massaged her breasts, is it true, Mr. Witness.

A: No, Ma’am.

63. Q: She also alleged that you fingered her while you were massaging her, is it true, Mr. Witness?

A: No, Ma’am.

64. Q: Did the complainant say or shout anything while the massage session was on going?

A: No, Ma’am.

65.

Q: That’s all, Mr. Witness. Thank you.

A: Thank you, Ma’am.

IN WITNESS WHEREOF, I have set my hand this 7 day of July, 2014, in Batangas City, Batangas, Philippines. th

MANASES C. BADILLA Affiant

SUBSCRIBED AND SWORN to before me this 7th day of July, 2014, the affiant is personally known to me and exhibiting to me his Passport No. 12345678 issued at the 1 st day of February, 2013 on Manila, Philippines.

KRISTINE L. CASTILLO Public Attorney I Roll of Attorney No. 61123 IBP Roll No. 47890 MCLE Compliance No. IV-0017712

Copy furnished: Clerck of Court, Regional Trial Court Br. II Pros. Janeth Arago, Office of the City Prosecutor Atty. Joselito M. Dimayacyac, Private Prosecutor Atty. Kristine Castillo, Public Attorney’s Office Manases C. Badilla, Accused.