+ Republic of the Philippines

REGIONAL TRIAL COURT

Second Judicial Region
Branch 21
Santiago City, Isabela

PEOPLE OF THE PHILIPPINES

Plaintiff

-versus- CRIMINAL CASE NO. 40-9999

ROCKY ABUAN

Defendant

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JUDICIAL AFFIDAVIT OF

ROCKY ABUAN

This Judicial Affidavit of ROCKY ABUAN is being offered, in lieu of his

oral testimony on direct examination pursuant to A.M. 12-8-8-SC, otherwise
known as the Judicial Affidavit Rule, for the following purposes, to wit:

1. To prove that the accused Rocky Abuan and private complainant

Rowena de la Cruz are in a relationship;

2. To prove that the accused Rocky Abuan met private complainant

Rowena de la Cruz on 5 September 2019 in a drinking spree at Uncle Sams’
located at Santiago City, Isabela;

3. To prove that on 7 September 2019, it was private complainant Rowena

de la Cruz who make sexual advances towards the accused Rocky Abuan.

4. To prove that the accused Rocky Abuan resisted from the sexual
advances of private complainant Rowena de la Cruz;

5. To prove that the private complainant Rowena de la Cruz sent messages

to the accused Rocky Abuan at around 9 PM with the message that private
complainant Rowena de la Cruz intended to go to the house of accused Rocky
Abuan;
 6. To prove that private complainant Rowena de la Cruz send a message to
the accused Rocky Abuan stating that if their relationship would not continue
she would file rape against accused Rocky Abuan.

PRELIMINARY STATEMENT

I. ROCKY ABUAN, 19 years old, single, a medical student, Filipino, and a

resident of Barangay, Caloocan, Santiago City, Isabela after having been duly
sworn to in accordance with the law, do hereby deposes and states:

I. Conducting my direct examination through this Judicial Affidavit is

Atty. Virgo M. Gulan (Atty. Gulan), my counsel, with office address at Unit 5,
Mango Suites, Calao East, Santiago City, Isabela.

II. I will answer the question propounded by Atty. Gulan, fully conscious
that I will do so under oath and that I may face criminal prosecution for false
testimony or perjury.

TESTIMONY

The following are the questions and my answers:

1. Q: Do you Rowena de la Cruz that private complainant in this case?

A: Yes, your honour.

2. Q. Why do you know private complainant Rowena de la Cruz?

A. I have a drinking spree with her, your honour.

3. Q. When did this drinking spree happened?

A. On 5 September 2019, your honour.

4. Q. Where did you have this drinking spree?

A. Uncle Sams’, your honour.

5. Q. Where is this Uncle Sams’?

A. At Caloocan, Santiago City, your honour.

6. Q. What happened in this drinking spree if you recall?

 A. Rowena asked me if I wanted to be her boyfriend, your honour.

7. Q. What is your answer to her question?

A. I agreed because I was so drunk, your honour.

8. Q. Do you recall how long you have been drinking?

A. We were drinking for four hours, your honour.

9. Q. What is the brand of liquor you were drinking?

A. Alfonso 1, your honour.

10. Q. How many bottles of Alfonso 1 were you drinking?

A. We drink three bottles, your honour.

11. Q. Can you recall the net content of a bottle of Alfonso 1?

A. 1 litter, your honour.

12. Q. How many were you drinking with?

A. Four, your honour.

13. Q. Who were you drinking with?

A. Two friends and Rowena, your honour.

14. Q. Who are these friends aside from Rowena?

A. They are Kevin and Benjie, your honour.

15. Q. What time did you finished your dinking spree?

A. 1 AM, your honour.

16. Q. What happened after that drinking spree?

A. She asked me to go with her in a dark place, your honour.

17. Q. Where is this dark place you are talking about?

A. At the corner of Uncle Sams’, your honour.

18. Q. After you were invited by private complainant Rowena, what

happened next?

A. I agree, your honour.

19. Q. What happened at that dark place?

A. She asked me if I wanted to be her boyfriend and I agreed, your

honour.

20. Q. What happened next, if you remember?

A. She tried to kiss me, your honour.

21. Q What happened after she tried to kiss you?

A. I avoided her kiss, your honour.

22. Q. After you avoided her kisses, what happened afterward?

A. She suggested that we should go home, your honour.

23. Q. What happened after Rowena suggested to go home?

A. We went home, your honour

24. Q. Where did you go home?

A. Purok 4, Caloocan, Santiago City, your honour.

25. Q. Do you know the address of private complainant Rowena de la

Cruz?

A. No, your honour.

26. Q. After you got home, what happened?

A. I sleep, your honour.

27. Q. What happened after your sleep?

A. I received a text message from her, your honour.

28. Q. When you say her who are you referring to?

A. Rowena de la Cruz, your honour.

29. Q. What is the content of the text message?

A. She’s asking me to go out, your honour.

30. Q. Do you have the proof that she texted you?

A. Yes, your honour.

31. Q. Where is this proof?

A. Here it is, your honour.

32. Q. In this screenshot of text message, whose number is 09556950774?

A. Rowena, your honour.

33. Q. In this screenshot of text message, there are white and green
messages, whose message is the white one saying “Pwede kabang
lumabas mamaya”?

A. Rowena, your honour.

34. Q. I will mark this message “Pwede ka bang lumabas mamaya as

Exhibit 1-A, do you agree?

A. Yes, your honour.

35. Q. Whose message are the green one saying “Sure, anong oras ba?”?

A. It’s mine, your honour.

36. Q. I will mark this message “Sure, anong oras ba?” as Exhibit 1-B, do

You agree?

A. Yes, your honour.

37. Q. Attended in this Judicial Affidavit is a screenshot of the same
content, who owns this screenshot of messages?

A. It’s ours, your honour.

38. Q. What happened after you agreed on her text message?

A. We met, your honour.

39. Q. Where did you meet?

A. At Robinsons, your honour.

40. Q. Where is this Robinsons that you are referring?

A. At Mabini, Santiago City, your honour.

41. Q. What time did you meet at Robinsons?

A. At around 6 PM, your honour.

42. Q. What happened during your meeting at Robinsons?

A. We dine, your honour.

43. Q. What happened after you dine?

A. She asked me if she can go home with me, your honour.

44. Q. What did you reply?

A. I agreed, your honour.

45. Q. What was the time you arrived at your house?

A. At 9:40 PM, your honour.

46. Q. What happened afterwards?

A. We talked, your honour.

47. Q. What did you talked about?

A. I admitted that I already have a girlfriend.

48. Q. What happened after you confessed?

A. She was so shocked, she cried and left afterwards.

49. Q. How long did she stay at your house?

A. 10 minutes, your honour.

50. Q. After she went home, what happened next?

A. She texted me, your honour.

51. Q. What did she text you?

A. She texted me that if I don’t agree to be her boyfriend she would

frame-up me, your honour.

52. Q. What did you do after that?

A. I texted her it’s not possible, your honour.

53. Q. After your response, what happened next?

A. She texted me that she would file a rape case against me, your
honour.

54. Q. Is the rape case that she mentioned in that text message the same
with the Criminal Case No. 40-9999, which is the issue now?

A. Yes, your honour.

55. Q. What can you say about this rape case?

A. It’s a lie, your honour.

56. Q. Why do you say that it is a lie?

A. I did not do anything to her, your honour.

57. Q. Do you have a proof of that text message?

A. Yes, your honour.

58. Q. Where is this proof you are talking about?

A Here it is, your honour.

59. Q. In this screenshot of messages, whose number is 09556950774?

A. Rowena, your honour.

60. Q. In this screenshot of messages, there are white and green messages,

whose massage is the white one?

A. Rowena, your honour.

61. Q. Whose message is the green one?

A. It’s mine, your honour.

62. Q. In the white message, it states that “kung hindi mo ako magiging
girlfriend ifraframe-up kita.” Whose message is this?

A. Rowena, your honour.

63. Q. I will mark this message “kung hindi mo ako magiging girlfriend
ifraframe-up kita.” As Exhibit 2-A, do you agree?

A. Yes, your honour.

64. Q. The green message which states “Hindi pwede.” Whose message is
this?

A. It’s mine, your honour.

65. Q. I will mark this green message which states “Hindi pwede.” a
Exhibit 2-B, do you agree?

A. Yes, your honour.

66. Q. This white message which states “kung ganon ifraframe-up kita at
kakasuhan ng rape.” Whose message is this?

A. Rowena, your honour.

67. Q. I will mark this white meassage which states “kung ganon
ifraframe-up kita at kakasuhan ng rape.” as Exhibit 2-C, do you
agree?

A. Yes, your honour.

ATTY LUCKY M. DAMASEN: That would be all for the witness.

I hereby certify that the copies of the documents mentioned herein as my exhibits
are the true and faithful reproduction from the originals and/or certified true
copy;

I executed this Judicial Affidavit to attest into the truth of all the foregoing;

IN WITNESS WHEREOF, I have hereunto set my hand this _____ day of

__________________ 2019 at Santiago City, Isabela.

ROCKY ABUAN
Affiant

Sen. Cit. 75850

SUBSCRIBED
AND SWORN to before me this _____ day of __________________ 2019 at
Santiago City, Isabela. I hereby certify that I personally examined the affiant
exhibiting her Competent Evidence of Identification (CEI), the entries of which
are cited below his name and signature and that he voluntarily executed and
understood the contents of her judicial affidavit.

Doc. No. ______;

Page No. ______;

Book No. _____;

Series of 2018;
SWORN ATTESTATION

I, ATTY. VIRGO M. GULAN, Filipino, of legal age, with office address at

Unit 5, Mango Suites, Calao East, Santiago City, after having been duly sworn in
accordance with law do hereby depose and state that:

I am the lawyer who conducted the examination of the witness ROCKY

ABUAN;

I have faithfully recorded or caused to be recorded the questions I asked and the
corresponding answers that the witness gave; and

Neither I nor any other person then present or assisting him coached the witness
regarding the latter's answers.

IN WITNESS WHEREOF, I have hereunto set my hand this _____ day of

__________________ 2019 at Santiago City, Isabela.

ATTY. VIRGO M. GULAN

Affiant

TIN 158-212-095

SUBSCRIBED AND SWORN to before me this _____ day of

__________________ 2019 at Santiago City, Isabela. I hereby certify that I
personally examined the affiant exhibiting his Tax Identification Number 158-
212-095 and that he voluntarily executed and understood the contents of his
sworn attestation.

Doc. No. _______;

Page No. _______;

Book No. _______;

Series of 2019