Judicial Affidavit

Republic of the Philippines
REGIONAL TRIAL COURT

Second Judicial Region
Branch 21
Santiago City
ROWENA DELA CRUZ,

Plaintiff, CRIMINAL CASE NO. 40-1234
-versus-
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 probe that the accused and the plaintiff are in a relationship;
2. To prove that Rocky Abuan met Rowena Dela Cruz on

September 5, 2019 in a drinking spree at Uncle Sam’s Place ;
3. To prove that on 7 September 2019 it was private complainant

who made sexual advances to the accuse;
4. To prove that the private complainant sent a text message to the

accuse on 7 September 2019 at around 9pm with the message that Rowena
Dela Cruz initiated to go to Rocky Abuan’s house;
5. To prove that Rowena Dela Cruz sent a text message telling

Rocky Abuan that if the relationship will discontinue, she will file a rape
case against the accused;
6. For the accuse to identify the documentary evidence relevant to
the case.
PRELIMINARY STATEMENT
I, ROCKY ABUAN, 19 years old, single, Filipino, and a resident of

Barangay Calaocan, Santiago City, after having been duly sworn to in
accordance with law, do hereby deposes and states:
I. Conducting my direct examination through this Judicial

Affidavit is Atty. Zander Khan B. Lizardo (Atty. Lizardo), my counsel, with
office address at Unit 5, Mango Suites, Calao East, Santiago City.
II. I will answer the question propounded by Atty. Lizardo, 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 know Rowena Dela Cruz who is the private

complainant in this case?
A: Yes sir.
2. Q: Why do you know her?
A: I had a drinking time with her your Honor.
3. Q: You said, you had a drinking time with her, when did
this happen?
A: Last September 5, 2019 your Honor.
4. Q: Where did it happen?
A: At Uncle Sam’s Place in Barangay Calaocan, Santiago

City, sir.
5. Q: What happened while you drink?
A: She ask me if I wanted her to be my girlfriend, sir.
2
6. Q: What was your reply?
A: Because of my drunkenness I agreed your Honor.
7. Q: How long have you been drinking on that night?
A: Four (4) hours sir.
8. Q: What brand of liquor did you drink.
A: Alfonso 1 sir.
Q: Do you know the net content of one (1) bottle?
A: One (1) liter sir.
Q: How many of you were drinking at that time?
A: Four (4) sir.
Q: Who was with you at that time?
A: Two (2) of my friends, Kevin and Benjie, and Rowena

Dela Cruz sir.
Q: What time did you finish drinking?
A: 1 am, sir.
9. Q: What happened after you done with your drinking?
A: She invited me to go somewhere. In a dark place sir.
10. Q: Where is this place?
A: At the corner of Uncle Sam’s Place sir.
11. Q: What happened after she invited you to go somewhere

dark?
3
A: We went to the corner of Uncle Sam’s Place sir.
12. Q: What happened next if there is any?
A: She ask me if I wanted her to be my girlfriend sir.
13. Q: What was your reply?
A: I agreed sir.
A: She tried to kiss me and made her advances, sir.
A: I avoided her kisses and advances, sir.
16. Q: After you avoided her kisses and advances, what

happened next if there is any?
A: I suggested that we go home sir.
17. Q: After you suggested that you go home, what happened

next if there is any?
A: We went home sir.
18. Q: Where is your home located?
A: In Purok 4, Calaocan Santiago City sir.
19. Q: Where did Rowena Dela Cruz go, if you can remember?
A: She told the tricycle driver ‘In Villasis’, sir.
20. Q: Do you know her address?
A: No sir.
21. Q: What happened next, if there is any?
A: I went to sleep sir.
4
A: The following morning, I receive a text message from

Rowena Dela Cruz, sir.
23. Q: What is the content of the text message?
A: She Ask me to go out sir.
24. Q: Do you have proof of receiving a text message from

Rowena Dela Cruz?
A: Yes sir, I have here.
25. Q: In this text message, there is a number 09156553044, who

owns this number?
A: Rowena Dela Cruz sir.
26. Q: In this text message, there is a number 09156553054, who

owns this number?
A: Mine, sir.
27. Q: In the text message, there appears a green and white

background for messages, who owns the white one?
28. Q: How about the green one?
A: It is mine sir.
29. Q: There is a text message which reads “ Pwede ka bang

lumabas ngayon” who sent this message?
30. Q: After that, there is a text message which reads “Sure,

anong oras?” who sent this text message.
5
A: Me, sir.
31. Q: You have a screen shot of a text message here which

reads “pwede ka bang lumabas?”, who owns this?
A: Rowena Dela Cruz, sir.
32. Q: I will mark this exhibit 1-A do you agree?
A: Yes, sir.

reads “sure, anong oras ba?”, who owns this?
A: Mine, sir.
34. Q: I will mark this exhibit 1-B do you agree?
A: Yes, sir.
35. Q: After, you replied to her text message, what happened

next, if there is any?
A: We met, sir.
36. Q: Where did you meet?
` A: Robinsons Mabini, Santiago City, sir.
37. Q: What Time Did you meet?
A: Around 6pm, sir.
A: We had a dinner, sir.
39. Q: After you dined, what happened next, if there is any?
A: She invited me to go home to my house sir.
40. Q: What did you reply?
A: I agreed, sir.
6
A: We went to my house and arrived around 9:10pm on 6

September 2019, sir.
A: We entered our house together, sir.
A: We talked, sir
44. Q: What did you talk about?
A: I admitted I have a girlfriend, sir.
A: She was shocked, sir.
46. Q: How can you say that she was shocked?
A: Her eyes widened, sir.
A: She cried.
48. Q: What did she cry?
A: She was hurt, sir.
A: She went out crying, sir.
50. Q: How long did she stayed inside your house?
A: About ten (10) minutes, sir.
A: She texted me, sir.
7
51. Q: What was the content of the text message?
A: She said she will frame me up if I will not agree to be her

girlfriend.
A: I told her it is not possible.
A: She told me she will file a rape case against me.
54. Q: What is the relationship of the mentioned rape case and

this rape case here.
A: This must be the one she warned me about framing me

up, sir.
55. Q: What can you say about this?
A: It is a lie, sir.
56. Q: Do you have proof of that text message?
A: Yes sir, here it is.
57. Q: In the screen shot there is a number 09156553044, who

owns this?
58.
59. Q: In the screen shot there is a number 09156553054, who

owns this?
A: Mine, sir.
51. Q: In the text message, there appears a green and white

background for messages, who owns the white one?
52. Q: How about the green one?
8
A: Mine, sir.
53. Q: There is a text message which reads “ kung hindi mo ako

pwedeng maging gf ipeframe up kita” who sent this
message?
54. Q: After that, there is a text message which reads “hindi

pwede”, who sent this text message.
A: It was me sir.

reads “kung hindi mo ako pwedeng maging gf ipeframe
up kita” who owns this?
56. Q: I will mark this exhibit 2-A do you agree?
A: Yes, sir.

reads “hindi pwede” who owns this?
A: Mine, sir.
58. Q: I will mark this exhibit 2-B do you agree?
A: Yes, sir.

reads “kung ganon ipeframe up kita at kakasuhan kita
ng rape” who owns this?
60. Q: I will mark this exhibit 2-C do you agree?
A: Yes sir.
9
ATTY. WILMA D. FERNANDEZ: That would be all for the witness,
your honor.
III. 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;
IV. 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
School Identification # 12345
SUBSCRIBED AND SWORN to before me this _____ day of

__________________ 2019 at Santiago City, Isabela.a. 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. WILMA D. FERNANDEZ, Filipino, of legal age, with office

address at Purok 4, Gundaway, Cabarroguis,Quirino. after having been
duly sworn in accordance with law do hereby depose and state that:
1. I am the lawyer who conducted the examination of the witness

ROCKY ABUAN;
2. I have faithfully recorded or caused to be recorded the

questions I asked and the corresponding answers that the witness gave; and
3. 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 _____
10
day of __________________ 2019 at Santiago City, Isabela.
ATTY. WENDY TUGUINAYO

Affiant
TIN 918-617-238
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
11

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Republic of the Philippines

REGIONAL TRIAL COURT

ROWENA DELA CRUZ,

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

1. To probe that the accused and the plaintiff are in a relationship;

2. To prove that Rocky Abuan met Rowena Dela Cruz on

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

4. To prove that the private complainant sent a text message to the

5. To prove that Rowena Dela Cruz sent a text message telling

I, ROCKY ABUAN, 19 years old, single, Filipino, and a resident of

I. Conducting my direct examination through this Judicial

II. I will answer the question propounded by Atty. Lizardo, fully

The following are the questions and my answers:

1. Q: Do you know Rowena Dela Cruz who is the private

2. Q: Why do you know her?

A: I had a drinking time with her your Honor.

A: Last September 5, 2019 your Honor.

4. Q: Where did it happen?

A: At Uncle Sam’s Place in Barangay Calaocan, Santiago

5. Q: What happened while you drink?

A: She ask me if I wanted her to be my girlfriend, sir.

A: Because of my drunkenness I agreed your Honor.

7. Q: How long have you been drinking on that night?

A: Four (4) hours sir.

8. Q: What brand of liquor did you drink.

Q: Do you know the net content of one (1) bottle?

A: One (1) liter sir.

Q: How many of you were drinking at that time?

A: Four (4) sir.

Q: Who was with you at that time?

A: Two (2) of my friends, Kevin and Benjie, and Rowena

Q: What time did you finish drinking?

9. Q: What happened after you done with your drinking?

A: She invited me to go somewhere. In a dark place sir.

10. Q: Where is this place?

A: At the corner of Uncle Sam’s Place sir.

11. Q: What happened after she invited you to go somewhere

12. Q: What happened next if there is any?

A: She ask me if I wanted her to be my girlfriend sir.

13. Q: What was your reply?

14. Q: What happened next if there is any?

A: She tried to kiss me and made her advances, sir.

15. Q: What happened next if there is any?

A: I avoided her kisses and advances, sir.

16. Q: After you avoided her kisses and advances, what

A: I suggested that we go home sir.

17. Q: After you suggested that you go home, what happened

A: We went home sir.

18. Q: Where is your home located?

A: In Purok 4, Calaocan Santiago City sir.

20. Q: Do you know her address?

21. Q: What happened next, if there is any?

A: I went to sleep sir.

A: The following morning, I receive a text message from

23. Q: What is the content of the text message?

A: She Ask me to go out sir.

24. Q: Do you have proof of receiving a text message from

A: Yes sir, I have here.

25. Q: In this text message, there is a number 09156553044, who

A: Rowena Dela Cruz sir.

26. Q: In this text message, there is a number 09156553054, who

27. Q: In the text message, there appears a green and white

A: Rowena Dela Cruz sir.

28. Q: How about the green one?