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REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT OF NEGROS OCCIDENTAL


SIXTH JUDICIAL REGION
BRANCH 43 FAMILY COURT
BACOLOD CITY
-O-

PEOPLE OF THE PHILIPPINES, CRIM. CASE NO. 17-45562


Plaintiff,
FOR: VIOLATION OF SEC.
-versus- 5(a) of RA 9262 (Anti-Violence
Against Women and Their
ARNALDO ARDIENTE-TORILLO, Children Act of 2004)
Accused.
x- - - - - - - - - - - - - - - - - - - - - - - - - - -x

JUDICIAL AFFIDAVIT OF ARNALDO ARDIENTE-TORILLO

I, Arnaldo Ardiente-Torillo, of legal age, single, and residing at Blk. 5,


Paglaum Village, Brgy. Mansilingan, Bacolod City, accused in this case,
state under oath as follows:

PRELIMINARY STATEMENT

The person examining me is Prosecutor Malia O. Rodriguez with


address at 3rd Floor, City Prosecutors Office, Hall of Justice Bldg., Bacolod
City. The examination is being held at the same address. I am answering her
questions voluntarily, to the best of my knowledge and fully conscious that I
do so under oath and may face criminal liability for false testimony and
perjury.

PURPOSE

This Judicial Affidavit of Arnaldo Ardiente-Torillo is executed to


serve as his direct testimony in the instant case. This Judicial Affidavit is
offered to prove: (1) that the injury inflicted upon the complainant are self-
inflicted injury; and (2) that the accused did not violate SEC. 5(a) of RA
9262 (Anti-Violence Against Women and Their Children Act of 2004) for he
did not inflict any injury to the complainant.
QUESTIONS AND ANSWERS

The following are the questions asked by Prosecutor Malia O.


Rodriguez and my answers in the English language:

Q1: Are you the Arnaldo Ardiente-Torillo, Accused in Criminal Case


No. 17-2520, entitled People of the Philippines, Petitioner, versus
Arnaldo-Ardiente Torillo, Accused, for Violation of RA 9262?

Yes, I am the same Arnaldo Ardiente-Torillo, Accused in the said case.

Q2: What is your profession, Mr. Witness?

I am a real estate broker, Maam.

Q3: Do you know Lily Cruz, complainant in this case?

Yes, she is my live-in partner.

Q4: Mr. Witness, when did you start living together as husband and
wife?

We live as husband and wife for more than five (5) years now even without a
valid marriage.

Q5: Where is your present address with said complainant?

We both live at Blk. 5, Paglaum Village, Brgy. Mansilingan, Bacolod City,


Maam.

Q6: Do you and the Respondent have children?

No. We are not blessed with children.

Q7: Where were you on September 21, 2007, at about 8 pm in the


evening?

I was at the house of my childhood friend, Joel Cruz, who invited me


through text message to go to his house to celebrate the birthday of his wife,
Emilia. When Joel texted me to come to his house, I replied instantly that I
was going and that I had important matters to talk to him with regard to Lily.
Since Lily was also invited, I went there with her and it was only when we
arrived at Joels that I remembered that I forgot my phone at home although
I did not mind at that time.
Q8: What happened while you were at the said birthday party?

When I got to Joels house, I stayed outside with Joel and his 19 year old
son, Emil while Lily and Emilia were inside talking. I took this opportunity
to seek advice from Joel whether it was proper for me to leave Lily.

Q9: What was your reason for deciding to break up with said
complainant?

I have decided to break up with her because she has become more
unbearable these past months. I was no longer happy.

Q10: What makes her unbearable?

It is like I do not know her anymore, Maam. Her attitude has become vile
and she would sometimes blame me for the way our life unfortunately
turned out. I believe this is because of the fact that she has been
unproductive for being jobless, and she takes her stature very seriously.

Q11: What transpired while you were outside with Mr. Joel Cruz?

Joel and I were talking deeply about my relationship with Lily while having
a couple of beers outside, when Lily approached me angrily and said that she
already wished to go home. Initially, I refused because it was too early to go
home and Joel and I were not done talking yet. My refusal, however angered
Lily and she started to pull my shirt to drag me away from where I was
sitting and began cursing at me, saying Diputa, Naldo! Kun maghambal ko
mapuli na ta, mapuli na ta! Maano ka pa gid di ya?!

Q12: Then, what did you do after that?

I was so embarrassed that I conceded to going home with her. I did it to


elude further humiliation from Joel and his family.

Q13: What happened when you arrived home?

When we arrived home, Lily went hastily inside our room and when she got
out, she threw my cellphone at me. She confessed to me that she read the
text message I sent to Joel that I was planning to leave her. After which, she
became hysterical, slapped my face and began hitting me with her hands. I
tried to stop her by holding both her arms, but she shouted so loud that I let
her go.

Q14: What did she do after that?


She ran towards the wall of our living room and banged her head repeatedly
while shouting the words, Indi mo na gid ko ya palangga! Baya-e na lang
ko! Amo man gid na plano mo, diba? Baya-e na lang ko! I tried to stop her
by hugging her and I even placed my right hand on her head to prevent her
from hurting herself even more, but she kept pushing me away. After which,
she ran towards the kitchen and got hold of a broom and tried to hit me with
its aluminum handle, but after realizing that I was physically stronger than
her, she again banged her head on the wall while saying "Mas mayo pa nga
mapatay na lang ko kaysa bayaan mo ko!

Q15: Do you confirm and affirm the truth and veracity of your
statements in this Judicial Affidavit?

Yes, maam.

Q16: Are you aware that you made those statements under oath and that you
may face criminal liability for false testimony or perjury?

Yes, maam.

AFFIANT FURTHER SAYETH NAUGHT.

IN WITNESS WHEREOF, I have hereunto affixed my signature this


27th day of September 2017 at Bacolod City, Philippines.

ARNALDO ARDIENTE-TORILLO
Affiant

SUBSCRIBED AND SWORN to before me, this 27th day of


September 2017 at Bacolod City, Philippines. The affiant exhibiting to me
her Passport issued by the Department of Foreign Affairs Manila on 15th of
April 2013 at Roxas Blvd, Manila.

I HEREBY CERTIFY that I have personally examined the above-


named affiant and that I am satisfied that the foregoing statements were
given by her freely, voluntarily and understood the same.

MALIA O. RODRIGUEZ
Senior Asst. City Prosecutor
ATTESTATION CLAUSE

I, MALIA O. RODRIGUEZ, a prosecutor, of legal age and with


office address at 3rd Floor, City Prosecutors Office, Hall of Justice, Bacolod
City, after having been sworn to and in accordance with the law do hereby
depose and say:

I. That I have faithfully recorded or caused to be recorded the


questions I asked and the corresponding answer that private
complainant, Lily Cruz, gave;

II. That I have not, nor any other person present or assisting
coached the private complainant regarding the latters answers;

III. That I fully understand that any false attestation shall subject me
to disciplinary action, including disbarment.

MALIA O. RODRIGUEZ

SUBSCRIBED AND SWORN to before me this 27th day of


September 2017 at Bacolod City, Philippines.

TRISTAN S. TORALBA
OIC City Prosecutor