Uploaded by Gilbert Delos Santos

Delos Santos, Gilbert A. Judicial Affidavit of Witness in Murder case

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Republic of the Philippines
Fourth Judicial Region
REGIONAL TRIAL COURT
Branch 14
Puerto Princesa City, Palawan
PEOPLE OF THE PHILIPPINES
CRIMINAL CASE No: 0945
-versus-
FOR:
JUAN A. DELA CRUZ
Accused.
x-----------------------------------x
MURDER
JUDICIAL AFFIDAVIT
Witness:
RALPH G. DE GUZMAN, of legal age, Filipino, and resident of
Purok Maligaya, Barangay San Pedro, Puerto Princesa City,
Palawan, Philippines.
Examining Lawyer:
GILBERT A. DELOS SANTOS
Assistant Prosecutor I
Office of the City Prosecutor
Place of Examination:
Office of the City Prosecutor
3rd Floor, Puerto Princesa Hall of Justice
Bgy. Tiniguiban, Puerto Princesa City
Formal Offer: Your honor, we are offering the testimony of the
witness, RALPH G. DE GUZMAN to prove that:
1. The fact that he and the accused was at the house of
the victim Pedro P. Santos on the afternoon of February
28, 2023;
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2. The fact that he personally saw the accused killing the
victim while they are having drinking spree to celebrate
the successful board examination of the victim’s brother;
3. The fact that he personally witnesses the accused and
victim having an argument at the course of their
celebration on the afternoon of February 28, 2023;
4. The fact that he personally saw the weapon used by the
accused in killing the victim;
I, RALPH G. DE GUZMAN, of legal age, Filipino, married,
and a resident of Purok Maligaya, Barangay San Miguel, Puerto
Princesa City, Palawan, Philippines, after having been duly
sworn to in accordance with law, hereby states that:
I am answering the questions propounded by the counsel,
Gilbert A. Delos Santos, of Office of the City Prosecutor fully
conscious, that I am under oath, and that I may face criminal
liability for false testimony or perjury;
This Judicial Affidavit is written in English, a language
known and understood by me, and the examination and
execution thereof were done at the Office of the City Prosecutor,
3rd Floor, Puerto Princesa Hall of Justice, Bgy. Tiniguiban,
Puerto Princesa City; and
This Judicial Affidavit shall serve as my direct testimony
in this case.
1. Q: Please state your name, age, residence and occupation.
A: I am Ralph G. De Guzman, 26 years old, a resident of
Purok Maligaya, Barangay San Pedro, Puerto Princesa
City, Palawan, Philippines and currently unemployed.
2. Q: Do you undertake to answer all questions truthfully,
aware that you are under oath, and that you may face
criminal liability for false testimony?
A: Yes, Sir.
3. Q: Why are you here now?
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A: To give my testimony on what truly happened on the
day of 28th day of February 2023 around 3:00 in the
afternoon when the crime happened.
4. Q: How are you related to the victim and the accused?
A: They are both my neighbor and my friend as well.
5. Q: Can you describe the relationship of both the accused
and the victim to one another?
A: They were best of friends since we were young.
However, their relation became sour since last year.
6. Q: Why did you say that their relationship became sour?
A: They did not talk to each other since last year, but they
see each other occasionally when we have friends
gathering.
7. Q: What do you think was the reason why their
relationship was not so good anymore?
A: It is because Juan discovered that Pedro and Ellen
(Juan’s girlfriend) had a sexual relationship.
8. Q: Are you saying that Juan, the accused, was jealous of
Pedro, the victim?
A: Yes.
9. Q: Why did you say so?
A: It is because Ellen and Juan had always fight and
Pedro is the reason. Sometimes, when they had fight,
Juan says that he will kill Pedro because his patience is
about to run out.
10.
Q: Were you at the house of Pedro Santos during the
incident?
A: Yes. As one of the closest friends of Pedro, he invited
me on the said day to celebrate the successful board
examination of his brother who passed the recent
mechanical engineering board examination.
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11.
Q: Where were you exactly when the incident
happens?
A: I was near the sink of Pedro’s kitchen which is not far
from the table where we are drinking. I was crashing an
ice to be use for our drinks.
12.
Q: What exactly the victim and accused doing while
you are crashing an ice in the kitchen sink?
A: They had a small talk at first, but later it become an
argument.
13.
Q: Can you tell what is the subject of their
argument?
A: It is about the infidelity of Ellen and Pedro to Juan.
14.
Q: What did you do while they are having an
argument?
A: I told them to stop because it might result to
unfortunate things. However, Pedro insist because he
said that it is the time to talk the said matter to clear the
misunderstanding between him and Juan.
15.
Q: What happen next?
A: They continue their talk and it resulted to a heavy
argument and while I’m crashing the ice, I saw Juan
stand and pull something inside his jacket, a knife and
stab Pedro several times who was trying to control Juan,
but Juan was very strong compared to Pedro.
16.
Q: What did you do when you saw Juan stabbing
Pedro?
A: I’ve shout for help and tried to get off Juan, but Juan
was very strong and its too late because he already stabs
Pedro several times.
17.
Q: How many are you there in the house of Pedro
when Juan stab him?
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A: Because it was too early that time for the proper
celebration, we are just only preparing because the party
will start at 6:00 in the evening. So that time we are only
5 there: Juan, Pedro, Pedro’s mother who was outside the
house preparing for something, Pedro’s son who happen
to see the incident and me.
18.
Q: What did you do after that?
A: I called help from our neighbor and call an ambulance.
After that, some of our neighbors came on and the others
called the police. The victim was rushed to the hospital
but declared dead on arrival because of the severe
damages in her internal organs cause by multiple stabbed
on her chest and other part of his body.
19.
Q: What did the victim do after the incident?
A: He left and said “buti nga sayo”.
20.
Q: Anything else you wanted to say or may add to
your testimony?
A: That is all for the meantime, Sir, but I wanted to give
justice to the death of the victim since this is the right
thing to do.
21.
Q: Were you threatened, promised or bribed to this
confession?
A: No, Sir. I made it voluntarily with my own free will.
22.
Q: Are you willing to sign this affidavit consisting of
Seven (7) pages to certify that all the statements you made
are true?
A: Yes, Sir.
IN WITNESS WHEREOF, I have hereunto set my hand
this 11th day of March, 2023 at Office of the City Prosecutor,
3rd Floor, Puerto Princesa Hall of Justice, Bgy. Tiniguiban,
Puerto Princesa City, Philippines.
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RALPH G. DE GUZMAN
Affiant
SUBSCRIBED AND SWORN to before me this 11th day of
March 2023 at Office of the City Prosecutor, 3rd Floor, Puerto
Princesa Hall of Justice, Bgy. Tiniguiban, Puerto Princesa City.
Affiant exhibited to me his Drivers Liscense with DL No. D1120-006396 issued on July 07, 2020 at Puerto Princesa City,
Palawan, Philippines, after I have personally examined the
affiant and that I am convinced that he voluntarily executed
this affidavit and understood the contents thereof.
GILBERT A. DELOS SANTOS
Assistant Prosecutor I
ATTESTATION OF COUNSEL
I, GILBERT A. DELOS SANTOS, single, Filipino, of legal
age with office address at Office of the City Prosecutor, 3rd
Floor, Puerto Princesa Hall of Justice, Bgy. Tiniguiban, Puerto
Princesa City, Palawan, Philippines, after having been sworn to
in accordance with law, hereby attest that:
1. I am the examining lawyer in the foregoing Judicial
Affidavit.
2. I faithfully recorded the questions that I asked
and the corresponding answers that the witness
gave in his Judicial Affidavit.
3. Neither I nor any other person then present is assisting
me coached the witness regarding the latter’s answer.
IN WITNESS WHEREOF, I have hereunto set my hand
this 11th day of March 2023 at Puerto Princesa City, Palawan,
Philippines.
GILBERT A. DELOS SANTOS
Affiant
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SUBSCRIBED AND SWORN to me this 11th day of March
2023 at Puerto Princesa City, Philippines. Affiant exhibited to
me his IBP ID with Lifetime Membership 0-000945.
ATTY. PAM A. GOH
Notary Public for and in the City of Puerto Princesa and
Province of Palawan
My Commission No. is 13
Expires on December 31, 2025
Ricablanca Officve, 2nd Floor,
De Lara Bldg., Puerto Princesa City
Roll of Attorneys No. 945693
PTR NO. 1234567, 05/17/25, Puerto Princesa City
IBP NO. 1234, 05/17/25, Puerto Princesa City
Doc. No. 13;
Page No. 7;
Book No. 1;
Series of 2023.
Page 7 of 7
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