REPUBLIC OF THE PHILIPPINES] PROVINCE OF DAVAO DEL SUR] CITY OF DAVAO] S.S. JUDICIAL AFFIDAVIT I, AIREEN SCARLET RAMOS, of legal age, Filipino, single and a resident of B18, L30, Rosalina Village III, BagoGallera, Davao City, Philippines, after having been duly sworn in accordance with law, do hereby depose and say; That I am the same and identical person who caused for the execution of this Judicial Affidavit under the supervision and at the law office of the undersigned counsel with the name and address stated below; That I had given my answers on the questions below stated with full consciousness and I did so under oath, and that, I may face criminal liability for any false testimony or perjury; That the following are the questions asked by the undersigned counsel with corresponding answers which I had given; Q1: Please state your name and other incidentals A1: I am the Aireen Scarlet Ramos, Single and a resident of B18, L30, Rosalina Village III, BagoGallera, Davao City. Q2: Are you the same person filing a case of rape against one Daniel Bryx Padilla Trazona? A2: Yes sir. Q3: Do you know personally the defendant Trazona? A3: Yes sir Q4: What relation do you have with the defendant? A4: We were acquaintances sir. Q5: How did you meet the defendant? A5: We met through our common friends sir. Q6: Where were you on December 26, 2002? A6: We we at Sunset Beach in SAMAL island sir; we were celebrating our Barkadahan Christmas Party. Q7: What were you doing in that Christmas party of yours? A7: We were eating and drinking sir. Q8: Where you drunk during that party? A8: Yes sir. Q9: What time did you leave the party? A9: At around 11:00 pm sir Q10: How did you leave the party? A11: Brix offered to take me along in his car because he also wanted to go home sir. Downloaded by Monjid Abpi (monj1234556@gmail.com) lOMoAR cPSD| 5667637 Q12: What happened then? A12: I rode with him in his car. Q13: Where were you seated? A13: I was seated on the front seat sir. Q14: Was there anyone else with you on the defendant’s car? A14: No sir, there was just the both of us. Q15: What happened next? A15: He was talking to me when we reached the barge but I was too drunk to comprehend what he was saying, and then he started to put his right hand on my legs, and then he kept drawing his face to my neck and face, trying frequently to kiss me. Q16: What did you do during that time? A16: I tried to push his face away from me, telling him that I did not like what he was doing, but I was so drunk that I had no power to stop him. Q17: What happened after that? A17: The barge arrived at Sasa wharf, then I asked Bryx to drop me off at Bonifacio Street, from there I would ride a jeepney home, but as we were travelling I fell asleep in his car and then at around 2am or 3am he woke me up pointing a knife near my face, and then I realized that we were parked inside a garage. 18. Q18: Do you know where you were parked? 19. Q19: At that moment sir I did not know yet, but later on I learned that we were at Karla Inn. 20. Q20: What happened next? A20: With his knife at my back, he forced me to enter a room. When we got inside, I asked what we were doing in that place but he did not answer me back. I protested to him that I did not want to be there, but then he pointed the knife at me and said that if I did not do what he wants he would kill me immediately. Q21: What did he want from you inside that room? A21: He said he wanted to have sex with me. Q22: Did you accede to his demands? A22: No sir, I did not want to have sex with him but I was too drunk and was so fearful of him that I could not muster the strength to fight back. Q23: What did the defendant do after that? A23: With his knife at my neck, he proceeded to strip me off my clothes and when I was naked, he maniacally fondled my breasts and private parts trying to make me wet. Q24: What do you mean in he was trying to make you wet? A24: He was trying to arouse me so that he could penetrate me easier, he was trying to entice me to have sex with him, but I did not want to. Q25: What did he do after that? A25: He again held his knife to my neck, saying that he will slice my neck open if I did not do what he wanted. Q26: What did he want you to do after that? A26: He dragged me down to the floor, with him seated at the edge of the bed, he then grabbed my head and forced me to give him a blowjob. Downloaded by Monjid Abpi (monj1234556@gmail.com) lOMoAR cPSD| 5667637 Q27: By blowjob you mean he wanted to put his penis in your mouth? A27: Yes sir. Q28: Did he succeed in doing so? A28: Yes sir. Q29: What did he do after that? A29: After that he dragged me back to the bed and forced me to lie down facing up, he then grabbed my legs and spread them apart, after that he started to lick my vagina and started to put his fingers inside me. I was crying loudly then and I kept asking him to stop because I did not like what he was doing, and that what we were doing was wrong, but he still would not listen and he continued what he was doing for about 10 minutes. Q30: What happened after that? A30: After that, he pulled himself up and put the knife again at my neck, he then proceeded to insert his penis inside my vagina. I was crying loudly again because of the knife, he was laughing at me and seemed that he was enjoying what he was doing. After about another 15 minutes he ejaculated inside me. I was again brought to tears because I was afraid that I might become pregnant. Q31: What happened after that? A31: After doing what he did, he went to the comfort room to take a piss. That was when I saw my opportunity to run. I grabbed my clothes and handbag and headed straight to the exit. I realized that the inn was along the road, so I ran out and shouted for help. Thank God there was a mobile patrol unit and I approached them immediately telling them that I had just been raped. Q32: What did the police men do? A32: They took me inside the patrol car and asked what happened, then suddenly Bryx came out of the inn with no shirt on probably searching for me, I immediately pointed to them that he was the one who had raped me. When Bryx saw the police he tried to run but he was caught. Q33: What happened after defendant was taken to custody by the police? A33: I was taken to the hospital for medical examination Q34: Did the medical examiner provide you with a medical certificate A34: Yes sir. Attached to this judicial affidavit is an original copy of the medical certificate marked as exhibit “A” Q35: Who issued the medical certificate? A35: It was Doctor Ramon Rodriguez sir. Q36: Whose signature is in this medical certificate? A36: My doctor sir, its doctor Ramon’s signature Q37: How do you know it is Dr. Ramon Rodriguez’s signature A37: Because I was present when he signed that document in front of me sir. Q38: Did the police take down your statement? A38: Yes sir, at the hospital after my examination, a police officer took my statement. Downloaded by Monjid Abpi (monj1234556@gmail.com) lOMoAR cPSD| 5667637 Attached in this judicial affidavit is an original copy of the Excerpts from Daily Record of Events of Police Precinct 3 to be marked as Exhibit “B”. Q39: Who’s signature is in this copy of the Excerpts from Daily Record of Events of Police Precinct 3? A39: It is the signature of SPO4 William Carpentero, he was the one who took my statement. Q40: How do you know it is the signature of SPO4 William Carpentero? A40: Because he signed that document sir in front of me. Q41: Do you have anything else to say Ms. Ramos A41: I have nothing more to say sir. IN WITNESS WHEREOF, I have hereunto affixed my signature this __________ day of ____________ 2002 at Davao City. AIREEN SCARLET RAMOS Private Complainant SUBSCRIBED AND SWORN TO before me this ___________________at Davao City, Philippines ATTY. MARVIC VONN GUILLERMO JR. Counsel for the State MCLE Compliance Cert. No. III, 0000000 Aug. 21, 2002 MCLE Compliance Cert. No. IV, 0000000, Nov. 4, 2002 PTR No. 0000000/01-03-2002/Davao City, IBP O.R.No. 000000/ 12-01-2001/ Davao City TIN No. 000-000-000/ Roll No. 00051300 Bangkal, Davao City Email address: baihundra@yahoo.com