REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

BRANCH 41
BAGUIO CITY

PEOPLE OF THE PHILIPPINES,

Plaintiff, Criminal Case No. 2
For: Rape
-versus-

BARRY PAKYAW,
Respondent
x-------------------------------------------x

JUDICIAL AFFIDAVIT OF MARITES CRUZ

This is the Judicial Affidavit/Testimony of Marites A. Cruz, 29 years

old, single, Filipino, employed as a Kasambahay, and residing at 56 Masukal
Street, Barangay Malinlin, Negros Occidental, who is a witness in this
criminal case.

The examination of the witness was conducted and supervised on

September 7, 2019 by Atty. Camila H. Gerona in the Office of the City
Prosecutor in Baguio City.

It was fully explained, and the witness fully understands, that she is
answering the questions asked of her while under oath and that she may face
criminal liability for false testimony or perjury if she does not answer
truthfully.

The examination was conducted, and the witness gave her answers, in
English, a language known and understood by her.

OFFER OF TESTIMONY

This Judicial Affidavit/Testimony of Marites A. Cruz is being offered

to prove the following:

1. That the witness is the older sister of the private complainant in the
above-titled criminal case;
2. That, on 15 August 2019, she got a shocking call that her sister had
been raped;
3. That Barry Pakyaw is the perpetrator of the crime committed against
the private complainant;
4. That she will identify documents pertinent to this case to have them
be marked and made part of the records.

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 JUDICIAL AFFIDAVIT OF MARITES A. CRUZ

I, Marites A. Cruz, of legal age, single, Filipino, and residing at 56

Masukal Street, Barangay Malinlin, Negros Occidental, after having been
duly sworn in accordance with law, depose and state that:

Question (Q) 1: Ms. Witness, kindly tell us why you are here before this
Honorable Court.
Answer (A) 1: I am here to testify in the rape case filed against Barry
Pakyaw.

Q2: Do you know the accused?

A2: Yes, Ma’am.

Q3: How do you know the accused?

A3: He is also a house helper of my employer. We work in the
same compound.

Q4: What do you mean by “[working] in the same compound”?

A4: Our employer owns two adjacent houses in one big
compound. I work in the bigger house while he works in
the smaller house.

Q5: How long have you known him?

A5: I have known him for about a year now.

Q6: Would you happen to know what his work is?

A6: He is in charge of the all-around maintenance of the house.

Q7: Could you please explain “all-around maintenance” for the

benefit of this Honorable Court?
A7: He does the repairs in the house, like when there is a leak
in one of the rooms or when an appliance is not working.
It is why he has a copy of the keys to all the rooms, except
the master bedroom.

Q8: How about the private complainant, what is your

relationship with her?
A8: She is my younger sister.

Q9: Do you know why she filed this complaint?

A9: Yes, it is because she was raped by Barry.

Q10: How did you come to know about that?

A10: She told me.

Q11: How did she tell you?

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A11: At first, I got a call from Shelly, our friend and co-worker.
She was frantic on the phone.

Q12: What did you do then?

A12: I asked her why she was so frantic and told her to calm
down a bit because I could not understand what she was
saying.

Q13: Then what happened?

A13: She said something bad happened to my sister and that I
should come home immediately.

Q14: Where were you then?

A14: I was at the market running errands.

Q15: What did you when she told you to come home?
A15: I asked her why and asked again what happened to my
sister. By then, I was starting to panic.

Q16: Then what happened?

A16: Shelly started crying, she was stuttering, then she told me
that my sister had been raped.

Q17: What happened then?

A17: I got stunned. I could not believe it. I thought she was
joking – I had hoped she was.

Q18: What did you do then?

A18: I heard her crying more loudly, and I just hurried home. I
just had to go home quickly.

Q19: What happened when you reached home?

A19: I hurried to my sister, but she was not in our room.

Q20: What did you do then?

A20: I searched for her. Then I remembered Shelly, so I thought
of going to her room.

Q21: What happened then?

A21: I found the two of them in Shelly’s room. Shelly was
hugging my sister. They were in the far corner of the room.
And they were both crying.

Q22: What did you do then?

A22: I rushed to where they were, and I cradled my sister. My
sister looked up to me – she looked so scared – and I could
not help but cry heavily.

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Q23: What happened then?
A23: She kept repeating, “ni-rape niya ako,” to me. I asked
“who?” and she said Barry raped her.

Q24: What did you do after she told you that?

A24: I just wanted to get her to safety. I asked for Shelly’s help
to get my sister to the police station to report the incident
so they may be able to help us.

Q25: When did all this take place?

A25: On August 15, 2019, almost about 2:00 pm.

Q26: Do you have anything else to add?

A26: Nothing more.

Q27: Do you confirm and affirm the due execution and

truthfulness of your Judicial Affidavit?
A27: Yes, Ma’am.

IN WITNESS WHEREOF, I have hereunto set my hand this 7th day

of September in Baguio City.

Marites A. Cruz
Affiant
PRC ID No. 0654321

SUBSCRIBED AND SWORN to before me this 7th day of May 2019

in Baguio City, the affiant presenting to me her PRC ID with ID No. 0654321
as competent proof of her identity.

Camila H. Gerona
Public Prosecutor
Doc. No. 8
Page No. 2
Book No. 1
Series of 2019

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 LAWYER’S ATTESTATION

I, Camila H. Gerona, of legal age, single, Filipino, and residing at #139

Road 1 Extension, Brgy. Leonila Hill, Baguio City, after having been duly
sworn in accordance with law, depose and state that I am the lawyer who
conducted the examination of the witness, that I faithfully recorded or caused
to be recorded the questions that I asked and the answers that the witness gave,
and that neither I nor any other person then present or assisting me coached
the witness regarding her answers.

IN WITNESS WHEREOF, I have hereunto set my hand this 7th day

of September 2019 in Baguio City.

Camila H. Gerona
Affiant

SUBSCRIBED AND SWORN to before me this 7th day of September

2019 in Baguio City, the affiant being personally known to me to be the same
person who executed this attestation.

Juan dela Cruz III

Notary Public
Doc. No. 2
Page No. 1
Book No. 1
Series of 2019

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