Republic of the Philippines

REGIONAL TRIAL COURT

FIRST JUDICIAL REGION
Branch 59
Baguio City

PEOPLE OF THE PHILIPPINES, CRIMINAL CASE No. 39813-R

Plaintiff,
For: VIOLATION OF RA 9262
-versus- Section 5(a), 5(e) and 5(i)

JOHN FLOYD CRUZ,

Accused.
x------------------------------------------x

PRELIMINARY STATEMENTS

This JUDICIAL AFFIDAVIT OF JOHN FLOYD CRUZ who is of

legal age, Filipino, single, and a resident of #21 Aurora Hill, Baguio City,
Philippines, is executed in lieu of his DIRECT TESTIMONY;

ATTY. JASS MAY C. SANTIAGO is the lawyer who conducted

and supervised the examination of the said affiant-witness whose testimony
was taken at Room 6, 9th floor, Laberta Building, New Lucban, Baguio
City;

The affiant-witness is answering the questions asked of him fully

conscious that he does so under oath and that he may face criminal liability
for false testimony or perjury;

The questions asked of the witness is in the English language which

the witness understands and is conversant with;

BY WAY OF OFFER OF TESTIMONY

The witness JOHN FLOYD CRUZ is presented as the petitioner of

the case to prove the following, to wit:

1. To prove the allegations in his Counter Affidavit;

2. To counter the allegations in the Complaint and prove that it is not

true;

3. To testify about his relationship with the private complainant;

4. To negate the allegations of the complainant that there was physical

abuse;
 5. To negate the allegations of the complainant that there was
economic abuse;

6. To negate the accusations of the complainant that there was

psychological abuse;

7. To prove the innocence of the accused;

8. To identify documents relevant to his Counter Affidavit;

9. To testify on other matters relevant to his Counter Affidavit; and,

10. To prove other matters relevant to the case.

JUDICIAL AFFIDAVIT PROPER

Question (Q) 1: Mr. Witness, do you swear to tell the truth, the whole
truth and nothing but the truth?
Answer (A) 1: Yes, ma’am.

Q.2: Please state your name and other personal circumstances for the
record, Mr. Witness.
A.2: I am JOHN FLOYD CRUZ, 38 years old, Filipino, single, and a
resident of No. 21 Aurora Hill, Baguio City.

Q.3: Mr. Witness, in relation to the Complaint filed against you, do

you recall executing a counter affidavit?
A.3: Yes, ma’am.

Q.4: Do you have a copy of the said counter affidavit, Mr. Witness?
A.4: Yes, ma’am, here it is.

Q.5: Mr. Witness, this counter affidavit you handed to me, on the
last page appears to be a signature above the name John Floyd,
whose signature is this?
A.5: It is mine, ma’am.

Q.6: Mr. Witness, do you confirm and affirm the contents of this
counter affidavit?
A.6: Yes, ma'am.

Q.7: I am marking this as ANNEX “1”, do you confirm my act Mr.

Witness?
A.7: Yes, ma'am.

(Attached herewith is the COUNTER AFFIDAVIT of the accused,

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 marked as ANNEX “1” and will form part of this Judicial Affidavit)

Q.8: Mr. Witness, do you personally know the complainant, Helen

Adarna?
A.8: Yes, ma’am.

Q.9: How did you come to know the complainant, Mr. Witness?
A.9: I met Helen while I was working as a call center agent in Sitel
Baguio, sometime in November of 2014, ma’am. We were
working for the same account with the said company and she
was one of the new trainees/employees at that time.

Q.10: Mr. Witness, what happened next, if any?

A.10: We started dating in February of 2015 and in September of
2015, we learned that Helen was pregnant, ma’am.

Q.11: Mr. Witness what happened after you learned that she was
pregnant?
A.11: From the day we learned that she was pregnant, we decided to
live together, ma’am. She moved in with me and we stayed at
my house located at No. 21 Aurora Hill, Baguio City.

Q.12: You mentioned that Helen was pregnant, how was her
pregnancy back then Mr. Witness?
A.12: At first, her condition was fine but during one of her regular
check-ups, the OB-GYNE advised us that it would be best for
her to avoid strenuous activities. This was the time when we
both decided that she should leave her job for the meantime,
until she fully recovers from her delivery, just so we can ensure
her and our child’s safety during the pregnancy.

Q.13: Mr. Witness, when was your child born?

A.13: Our child was born on July 1, 2016, ma’am.

Q.14: When was your child born, Mr. Witness?

A.14: Our child was born at Saint Louis University Hospital of the
Sacred Heart, Baguio City.

Q.15: Mr. Witness, you mentioned that you have been in a

relationship for quite sometime and that you have conceived a
child, did you have plans on taking your relationship to the next
level?
A.15: Yes, ma’am we planned on getting married.

Q.16: So, did you get married?

A.16: Not yet, ma’am. We were planning our wedding, unfortunately
because of the pandemic and financial reasons because I was
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 also terminated from my job, we had to put our plans on hold.

Q.17: You said that your marriage was put on hold, Mr. Witness if
given the chance would you still want to push through with the
wedding?
A.17: Yes, ma’am. I love her and I want to marry her, and also
because of our child. But I do not know now, if she would still
want to marry me because of what’s happening between us.

Q.18: You mentioned that during Helen’s pregnancy, both of you

decided for Helen to resign from work. Now, Mr. Witness,
what did she do after giving birth?
A.18: After giving birth, she took care of Eliaz and decided to be a
stay-at-home mother.

Q.19: And, what about you Mr. Witness, what did you do after your
son was born?
A.19: I continued with my work to provide for my family.

Q.20: You mentioned that Helen decided to be a stay-at-home mother,

whose decision was that, Mr. Witness?
A.20: It was her decision, ma’am. In fact, she insisted on becoming a
stay-at-home mother to take care of Eliaz and manage the
household.

Q.21: And you supported her decision?

A.21: Yes, Ma’am. Because she always gets irritable whenever I
bring up these matters. I did not want to cause any arguments so
I just respected her decision even when she said she didn't want
to look for a job or get back to work after giving birth. I never
restricted her from practicing a profession for I have always
believed in her potential.

Q.22: How long has she been a fulltime stay-at-home mother, Mr.
Witness?
A.22: Since Eliaz was born, ma’am.

Q.23: From what you have stated so far, Mr. Witness, you were the
only one in your household who was gainfully employed. Is
that correct, Mr. Witness?
A.23: Yes, ma’am.

Q.24: You stated a while ago that you continued to work in order to
provide for your family, what do you need to provide for your
family?
A.24: The needs of my son, our food, our clothing, our
hospitalization, and payment for our utilities. Unfortunately, it
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 became harder for me to give those needs when I was
terminated from my job.

Q.25: When were you terminated from your job again, Mr. Witness?
A.25: Last year during the pandemic, ma’am.

Q.26: You said that it has been hard to provide for the needs of your
family, why is that Mr. Witness?
A.26: As I have said ma’am, I was terminated from my job. I had no
source of income but I had savings and I had separation pay
from my previous employment, ma’am.

Q.27: Now, Mr. Witness, one of the charges against you is that you
financially abused Helen, what can you say about that?
A.27: It is not true Ma’am, I never abused Helen, financially or
otherwise. I never refused to provide for the needs of my
family, everything came from my income. In fact, when I still
had my full-time job, I would even set aside 80% of my
monthly salary, equivalent to P19,200.00 and give it to Helen to
cover our expenses, Eliaz’ needs, and family savings. I give the
amount to Helen who was the one managing our finances.

Q.28: Mr. Witness, what problems, if any, did you encounter when
Helen was the one managing your family’s savings?
A.28: She is drawn to expensive and unnecessary luxury, to the extent
that we could no longer sustain our daily needs, ma’am. She
would impulsively shop online just to go with the trend.
Sometimes, when she would lose sight of our budget, as a result
of her unreasonable spending, she would borrow money from
relatives and later blame me for why we live miserably.

Q.29: Where does the 20% of your salary go, Mr. Witness?
A.29: The remaining 20% of my salary, which is equivalent to
P4,800.00 is allotted for my personal savings and daily
expenses, such as food and prepaid load, ma’am.

Q.30: What happened next, if any?

A.30: After I lost my job, fortunately, I was able to receive a
separation pay and we were able to sustain our daily needs after
I lost my job, but not for a long period of time, ma’am.
Undoubtedly, this has caused more problems in our
relationship, with all her constant nagging, belittling me that I
could not provide for our family.

Q.31: Now, Mr. Witness, in the complaint filed against you is that
you used your family’s savings on drinking alcohol, what can
you say about that?
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A.31: It is not true, ma’am. Whatever I spent on drinking were all my
personal savings from my allowances. I never used the family
savings for I know very well that it was intended for the
schooling of Eliaz. Sometimes, my friends would just invite me
and I didn’t have to shed a dime, ma’am.

Q.32: What happened next, if any Mr. Witness?

A.32: Our relationship became difficult, ma’am. Her nagging became
more frequent. Whenever we had the chance to talk, she’s
always ill-tempered and irritable, and this would sometimes
lead to a heated argument. There were even times when she
would resort to physical violence.

Q.33: But in her complaint, Helen made accusations that it was you
who resorted to violence. Mr. Witness, what can you say about
these allegations?
A.33: On her allegations that I had been hitting her, I swear on my
grave that I have never laid a hand on her. In fact, between us
two, she was the one who always resorts to physical violence.
Whenever she gets mad for unknown reasons, she would punch
me and sometimes even scratch me. There were also times
when she would throw objects around the house. As a result of
her outburst, I had to gripped and restrain her from further
hurting me and stop her from throwing objects.

Q.34: You mentioned Mr. Witness that it was Helen who resorted to
physical violence. What is your response when she’s being
irritable and violent?
A.34: I would always try to talk to her but her inability to control her
emotions made it difficult for us to hold a proper conversation,
ma’am. I have tolerated her, always trying to rationalize my
feelings of being emasculated by reminding myself that I love
her and I am willing to set aside my ego just to make her happy.
But sometimes, she would utter words which I could not take,
and of course, as an ordinary consequence, I might have said
something which could have hurt her feelings too.

Q.35: What can you say about Helen’s accusations of verbal abuse
against you, Mr. Witness?
A.35: There is no truth to such accusations, ma’am. As I said earlier, I
had always tolerated her nagging and just remained silent
whenever she starts an argument. The only instance when I
uttered unsavory words directed to Helen was merely a result of
her verbal provocation. It had always been her who would start
a fight.

Q.36: What happened next, if any?

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A.36: Honestly, I felt disheartened with what is happening between us
and our family. I found solace in the bottles of alcohol that I
consumed to numb the pain of viewing myself as a failure. I
was expecting her, out of all people, to be there for me during
this crisis and to be the source of my strength to get back on my
feet, because I believe that our love will keep us together. I
wanted to tell her what I was going through, but to my dismay,
she’s the first one to give up on me just when I needed her the
most.

Q.37: Based on your statements Mr. Witness, is it safe to say that you
were struggling with your mental health?
A.37: Yes, ma’am. I think I have been suffering from depression after
I lost my job.

Q.38: You said, Mr. Witness that you thought you were suffering
from depression. Have you tried seeking professional help?
A.38: Yes, ma’am.

Q.39: What prompted you to seek professional help, Mr. Witness?

A.39: My love for my family, ma’am.

Q.40: You said, Mr. Witness, that you sought professional help from
what you are suffering. When did you know that you needed to
seek professional help?
A.40: When I lost my job and could not find any other job
opportunities, ma’am. I started questioning my worth. I began
to think about how I can end my life to escape all of my
problems and the pain of viewing myself as a failure. I feel
extremely hopeless. Several times, I have planned on killing
myself but I tried to think of my family – how Helen and Eliaz
would live their life without me.

Q.41: You mentioned, Mr. Witness, that you were suffering from
depression. Among your family and friends, who knows that
you’re suffering from depression?
A.41: None, ma’am.

Q.42: Why did you decide to keep your depression to yourself, Mr.
Witness?
A.42: Because I didn’t want to burden my family. As the head of the
household, I am expected to be strong to provide physical and
emotional security to them, ma’am.

Q.43: What did you do next, if any?

A.43: A friend of mine suggested that I consult the suicide hotline
managed by the City of Baguio, ma’am.
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Q.44: What happened next, Mr. Witness?
A.44: I listened to my friend’s advice, ma’am. At first, I had second
thoughts about this suicide hotline, because of course, I would
have to be vulnerable to the person I would be talking to. One
day, it just dawned on me that if I really wanted to get better, I
need someone who can talk me out of my suicidal thoughts. So,
I decided to call the suicide hotline.

Q.45: Can you recall the date when you called the suicide hotline, Mr.
Witness?
A.45: Yes, ma’am. I called the suicide hotline on November 4, 2020,
ma’am.

Q.46: What happened next, if any?

A.46: When I called the hotline, a woman’s voice answered.

Q.47: Mr. Witness, you said that you called the suicide hotline. Can
you recall how long did your first consultation go?
A.47: I could not recall exactly, ma’am, but it lasted for a couple of
hours, ma’am.

Q.48: What happened next, if any?

A.48: The initial consultation helped me, ma’am. The agent on the
suicide hotline helped me feel better and think clearly for a
moment.

Q.49: After your first consultation Mr. Witness, what happened next,
if any?
A.49: I have further consultations with the suicide hotline, ma’am. I
was given scheduled appointments which is every two weeks
because they said it was necessary for them to monitor my
progress.

Q.50: Mr. Witness, did you ever get the chance to know who was the
person you were talking to in the suicide hotline?
A.50: Yes, ma’am.

Q.51: Who was the person you were talking to in the suicide hotline,
Mr. Witness?
A.51: I later discovered that the agent from the other end of the line
was actually my former girlfriend, Honey Asuncion, ma’am.

Q.52: How did you know that it was Honey Asuncion, Mr. Witness?
A.52: She reached out to me thru her professional messenger account
— “Suicide Hotline of Baguio City - Honey” because I missed
my scheduled appointment on December 30, 2020, ma’am.
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Q.53: Mr. Witness, what is your proof that she contacted you?
A.53: I have a screenshot ma’am.

Q.54: Do you have a copy of this screenshot, Mr. Witness?

A:54: Yes, ma’am, here it is.

MANIFESTATION: Witness handed to counsel a copy of a

screenshot dated January 6, 2021.

Q.55: I am marking this as ANNEX “2”, do you confirm my act?

A:55: Yes, ma’am.

(Attached herewith is a COPY OF SCREENSHOT DATED

JANUARY 6, 2021 marked as ANNEX “2” and will form part of this
Judicial Affidavit)

Q.56: Mr. Witness, when did you receive this message?

A.56: It was on January 6, 2021, ma’am.

Q.57: What was the content of the message, Mr. Witness?

A.57: She introduced herself as Suicide Hotline of Baguio City –
Honey, ma’am. She was the one assigned to my case. She
reached out through messenger because I missed my scheduled
appointment which was supposed to be on December 30, 2020.
She then asked me if I wanted to reschedule my appointment,
ma’am.

Q.58: How did you respond to her message, Mr. Witness?

A.58: I didn’t feel like talking at that time so I just agreed to another
appointment, ma’am.

Q.59: Mr. Witness, what happened next, if any?

A.59: There was an exchange of messages between me and Honey
Asuncion but all the conversations that we had were focused on
how I can cope up with my depression and also to talk me out
of my suicidal thoughts, ma’am.

Q.60: Mr. Witness, what is your proof that the conversation was
focused on how you can cope up with your depression?
A.60: I have series of screenshots, ma’am. I have here a screenshot
dated January 13, 2021 where it shows my conversation with
Honey, ma’am.

MANIFESTATION: Witness handed to counsel a copy of a

screenshot dated January 13, 2021.

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Q.61: I am marking this as Annex “3”, do you confirm my act?
A.61: Yes, ma’am.

(Attached herewith is a COPY OF SCREENSHOT DATED

JANUARY 13, 2021 marked as ANNEX “3” and will form part of
this Judicial Affidavit)

Q.62: It was alleged in the complaint that Eliaz heard you talking to
someone over the phone and you were referring to her as
“honey”, what can you say about this Mr. Witness?
A.62: When Eliaz heard me calling someone “honey” over the phone
that was the time that I had a burst of emotions so I decided to
seek immediate counseling from Honey Asuncion. I called her
through messenger. However, in the middle of our
conversation, I immediately dropped the call when I heard
Helen throwing tantrums and objects around the house, ma’am.

Q.63: You said that you seek immediate counselling because you had
a burst of emotions, what is your proof Mr. Witness?
A.63: I have here a screenshot dated January 27, 2021 where it shows
my conversation with Honey Asuncion, ma’am.

MANIFESTATION: Witness handed to counsel a copy of a

screenshot dated January 27, 2021.

Q.64: I am marking this as ANNEX “4”, do you confirm my act?

A.64: Yes, ma’am.

(Attached herewith is a COPY OF SCREENSHOT DATED

JANUARY 27, 2021 marked as ANNEX “4” and will form part of
this Judicial Affidavit)

Q.65: Mr. Witness, aside from your depression, what are other
matters that you discussed with Honey Asuncion?
A.65: I would sometimes talk about my family problems, especially
when Helen and I would have heated arguments, ma’am. She
would lose her cool, scream and throw objects around the
house.

Q.66: You said that your conversation was about your family
problems, what is your proof Mr. Witness?
A.66: I have screenshot of our conversation, ma’am.

MANIFESTATION: Witness handed to counsel a copy of a

screenshot dated January 27, 2021 at 4:30 pm.

Q.67: I am marking this as ANNEX “5”, do you confirm my act?

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A.67: Yes, ma’am.

(Attached herewith is a COPY OF SCREENSHOT DATED

JANUARY 27, 2021 at 4:30pm marked as ANNEX “5” and will
form part of this Judicial Affidavit)

Q.68: What else happened, if any?

A.68: The Suicide Hotline Team of Baguio referred me to a
professional psychiatrist named Dr. King Pagtailan Dimagiba to
help me recover from my depression and talk me out of my
suicidal thoughts.

Q.69: Mr. Witness you mentioned a while ago a certain Doctor, what
is your proof that you were referred to Dr. King Pagtailan
Dimagiba?
Q.69: Yes, ma’am. I have a screenshot here proving that I was
referred to Dr. Dimagiba.

MANIFESTATION: Witness handed to counsel a copy of a

screenshot dated February 10, 2021.

Q.70: I am marking this as Annex “6”, do you confirm my act?

A.70: Yes, ma’am.

(Attached herewith is a COPY OF SCREENSHOT DATED

FEBRUARY 10, 2021 marked as ANNEX “6” and will form part of
this Judicial Affidavit)

Q.71: What happened next, if any?

A.71: After my scheduled appointment last February 24, 2021 I
messaged Honey informing her that my session with Dr.
Dimagiba will start on the second week of March and I also
asked whether it is okay to conduct my last session in her office
ma’am.

Q.72: You said that you messaged her, what is your proof Mr.
Witness?
Q.72: I have a screenshot, ma’am.

MANIFESTATION: Witness handed to counsel a copy of a

screenshot dated February 24, 202.

Q.73: I am marking this as Annex “7”, do you confirm my act?

Q.73: Yes, ma’am.

(Attached herewith is a COPY OF SCREENSHOT DATED

FEBRUARY 24, 2021 marked as ANNEX “7” and will form part of
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 this Judicial Affidavit)

Q.74: After series of consultations with Honey Asuncion, what

happened next?
A.74: During those times, I realized how much I love Helen and our
son, Eliaz, ma’am.

Q.75: What did you do next, if any?

A.75: I decided to quit drinking and motivated myself to do better and
find a job, ma’am.

Q.76: What happened with these job applications, Mr. Witness?

A.76: I feel fortunate to receive numerous calls from prospective
employers for an interview. There was even a time when I had
to bring my phone with me inside the bathroom so I wouldn't
miss any opportunity to answer any incoming calls, ma’am.

Q.77: Did you inform Helen of your job applications, Mr. Witness?
A.77: No, ma’am.

Q.78: Why did you not tell Helen, Mr. Witness?

A.78: I never mentioned to Helen that I had been applying for
numerous jobs as I wanted to surprise her if I luckily landed
one. After all, I didn’t want to keep her hopes high if I didn’t
get hired, considering the difficulty in finding a job during these
times of crisis, ma’am.

Q.79: How did your application go, Mr. Witness?

A.79: It went well, ma’am. In fact, I had a scheduled interview last
March 1, 2021. Among all the interviews lined up for me, the
scheduled interview last March 1, 2021 was my first interview,
after I got terminated from my previous work. The interview
was with the manager of Starbucks-SM City Baguio.

Q.80: Where did this interview happen, Mr. Witness?

A.80: At Starbucks-SM City Baguio branch, ma’am.

Q.81: Mr. Witness, you said that you were interviewed, who
interviewed you?
A.81: It was Ms. Annie Corpuz, ma’am.

Q.82: Who is Ms. Annie Corpuz, Mr. Witness?

A.82: She is the head manager, ma’am.

Q.83: When you went to Starbucks, who was with you Mr. Witness?
A.83: None, ma’am. I was alone.

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Q.84: Mr. Witness, it was alleged in the complaint that Helen saw you
with Honey Asuncion at SM City Baguio Starbucks. What can
you say about this allegation?
A.84: The allegation was baseless, ma’am. The woman whom she
saw at that time was certainly the head manager of SM City
Baguio Starbucks because like what I said a while ago, I had
my job interview at the said establishment.

Q.85: After your interview Mr. Witness, what happened next, if any?
A.85: I went to the office of the Psychiatric Department at Baguio
General Hospital, ma’am.

Q.86: What did you do at the Psychiatric Department of Baguio

General Hospital, Mr. Witness?
A.86: I met Honey Asuncion at her office, ma’am

Q.87: What did you do at Honey Asuncion’s office, Mr. Witness?

A.87: I had my last consultation in order to monitor my progress,
ma’am.

Q.88: What happened next, if any?

A.88: As a sign of my gratitude, I invited Honey Asuncion to have
coffee with me. However, she declined my invitation, ma’am.

Q.89: Why did she decline your invitation, Mr. Witness?

A.89: She told me that and they are prohibited from meeting patients
outside of work because it is unethical to her profession,
ma’am.

Q.90: Mr. Witness, what happened next, if any?

A.90: I went home, ma’am.

Q.91: What happened when you arrived home, Mr. Witness?

A.91: Upon arriving home, I was surprised that Helen started
accusing me of cheating on her. I tried to talk to her but she
never gave me the chance to explain.

Q.92: Mr. Witness, you mentioned that Helen was accusing you of
infidelity. What can you say about her allegation of infidelity
filed against you?
A.92: Her allegation of infidelity is baseless, ma’am. The truth of the
matter is that she immediately concluded that I am having an
affair. To belie her suspicions, I tried to explain everything to
her. However, she got so mad at me to the point that her anger
was already uncontrollable and she's no longer accepting nor
even trying to listen to my explanations, ma’am.

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Q.93: You said that her anger was uncontrollable. What made you say
that the anger of Helen was uncontrollable, Mr. Witness?
A.93: She got extremely mad and, in her rage, she started to scratch
me, throw punches and blows against me, while yelling at me at
the top of her lungs. She was too furious at me that she even
had our things at home tossed around, broken and destroyed,
ma’am.
Q.94: Mr. Witness, what happened next, if any?
A.94: To avoid further harm to myself, I parried the blows of Helen
using both of my hands, ma’am.

Q.95: Can you demonstrate it to us, Mr. Witness?

A.95: Yes, ma’am.

MANIFESTATION: Witness is raising his arms in a manner

protecting or covering his face, demonstrating how he protected
himself from the punches and blows thrown at her by Helen.

Q.96: What happened next, if any?

A.96: I sustained minimal bruises, ma’am.

Q.97: What happened next, if any?

A.97: After the heated argument between the two of us, when she
finally stopped hitting me with her blows, she stayed in the
living room. I decided not to talk to her and I walked to our
room to give her time and space to calm herself down.

Q.98: You mentioned, Mr. Witness that you decided not to talk to her
to give her time and space. That night, when things have settled
down, did the two of you have the chance to talk?
A.98: No, ma’am because when I went to check on her in the living
room, she was no longer there. I looked for her everywhere in
the house as well as in the neighborhood but to no avail.

Q.99: What happened next, if any?

A.99: I waited for her to come home, ma’am. I texted whoever I
thought she’s possibly with to know her whereabouts and to
confirm if she’s alright. I was thinking that maybe she’s with
her relatives or friends and she just needs time to collect her
thoughts. Then, when I received a reply from a relative of hers,
I decided to just wait for her at home.

Q.100: Based on everything that you just said, Mr. Witness can you
describe to us again your relationship with Helen?
A.100: The earlier years were harmonious, ma’am; we were a happy
young couple who had a lot of dreams for our future. When we
learned that she was pregnant, we strived to be better people
Page | 14
 and we worked hard for the future of our child. But problems
came crashing in when I lost my job. I became depressed,
because of her constant nagging and violent attitude, that made
me question my worth as a man, a partner and a father to our
child. She also became more impatient, ill-tempered and even
suspicious about my actions, accusing me of cheating with
another woman. When in fact, it was her who had been
involved with another man. Despite that, because of my
undying devotion to her, I accepted her, wholeheartedly, also
taking into consideration our son’s welfare, as I would not want
him to grow up in a broken family, ma’am.

Q.101: Mr. Witness, what can you say about the charges filed against
you?
A.101: I am innocent of all the charges being levelled against me,
ma’am. I had always been a devoted partner to Helen. When
Eliaz came into our lives, I made a vow to give them a happy
and comfortable life. I had always made sure to put my family’s
welfare above my own.

Q.102: Do you have anything else to say or clarify, Mr. Witness?

A.102: Yes, ma’am. I just wanted to say that whatever I have with
Honey Asuncion was purely professional as evidenced by the
screenshots of our exchange of FB messages.

Q.103: Do you have anything more to add, Mr. Witness?

A.103: That is all, ma’am.

Q.104: Under your present oath, do you affirm and confirm the
contents of your affidavit?
A.104: Yes, Ma’am.

NO FURTHER QUESTIONS.

IN WITNESS WHEREOF, I have hereunto affixed my signature

this 13th day of July 2021 at Baguio City, Philippines.

JOHN FLOYD CRUZ

Affiant

SUBSCRIBED AND SWORN to before me this 13th day of July

2021, in the City of Baguio, Philippines by affiant who executed the
Page | 15
 foregoing Judicial Affidavit in my presence and avow under the penalty of
law that the contents of the foregoing document are true and correct. Affiant
exhibited TIN No. 163-872-610-000, bearing his picture and signature, as
competent proof of identity.

Doc No. 100;

Page No. 20; JASS MAYCARPIO SANTIAGO
Book No. I; NOTARY PUBLIC FOR BAGUIO CITY
Series of 2021. Until December 31, 2021
Roll No. 811776; June 15, 2020
IBP No. 097838; January 7, 2021: Baguio-Benguet Chapter
PTR No. 3956731; January 7, 2021; Baguio City
MCLE Compliance No. VI-0019142
Room 6,9th floor, Laberta Building, New Lucban, Baguio City
Contact No.: 0915-081-1641
Email: jassmsantiago@gmail.com

LAWYER’S ATTESTATION

I, JASS MAY CARPIO SANTIAGO, of legal age, single, Filipino

Citizen, with office address at Room 6, 9th Floor, La Berta Building, New
Lucban, Baguio City, hereby state that:

1. I conducted the examination of John Floyd Cruz;

2. I have recorded and faithfully caused the recording of the

questions I have asked to the witness as well as his
corresponding answers;

3. I have not, neither has any other person, coached the witness as
to the answers he provided. And the witness had not been
assisted or coached in providing his testimony; and

4. The answers and questions have been recorded in the form of a

judicial affidavit that was read and confirmed by the witness to
be the same testimony he had provided during his questioning.

WHEREFORE, I hereby affix my signature to attest to the

foregoing statements, this 13th day of July 2021 at Baguio City.

Page | 16
 JASS MAY CARPIO SANTIAGO
Attestant Counsel

SUBSCRIBED AND SWORN TO before me this this 13th day of

July 2021 at Baguio City, counsel known to me personally and signed the
foregoing in my presence.

Doc No. 44;

Page No. 09;
Book No. I; REIGNNA JOY CORPUZ BISQUERA
Series of 2021.
NOTARY PUBLIC FOR BAGUIO CITY
Until December 31, 2022
Roll No. 811818; June 15, 2020
IBP No. 099618; January 9, 2021: Baguio-Benguet Chapter
PTR No. 3957140; January 9, 2021; Baguio City
MCLE Compliance No. VI-0019142
Room 6,9th floor, Laberta Building, New Lucban, Baguio City
Contact No.: 0905-182-7200
Email: rjoy_bisquera@yahoo.com

Copy Furnished:

OFFICE OF THE CITY PROSECUTOR RECEIVED: July 13, 2021 2:50pm

Justice Hall, Baguio City

Page | 17
 ANNEX “1”
Republic of the Philippines
DEPARTMENT OF JUSTICE
NATIONAL PROSECUTION SERVICE
OFFICE OF THE CITY PROSECUTOR
Baguio City

HELEN ADARNA, NPS Docket No. I-17-INV-21-0770

Complainant, NPS Docket No. I-17-INV-21-0771
NPS Docket No. I-17-INV-21-0772
-versus-
Complaint for: Violation of RA
JOHN FLOYD CRUZ, 9262 Violence Against Women and
Accused. their Children
x----------------------------x

COUNTER AFFIDAVIT

I, JOHN FLOYD CRUZ, of legal age, single, Filipino and resident of No.
21 Aurora Hill, Baguio City, after having been duly sworn in accordance with
law, hereby depose and state that:

1. I am the same person who is the respondent in the instant case filed
by HELEN ADARNA (hereinafter referred to as “Helen” for
brevity) at the Baguio City Prosecutor’s Office for violation of
Republic Act No. 9262 or “Anti-Violence Against Women and
Their Children Act of 2004”, specifically Sections 5(a), 5(e), and
5(i);

2. There is no truth to the allegations of the Complaint of Helen Adarna

indicting me of the instant charges. The truth of the matter is
explained below;

3. I may not be the perfect partner for Helen but she knows how much
I treasure my relationship with her and our son Eliaz Cruz
(hereinafter referred to as “Eliaz” for brevity). I have fathered Eliaz
out of wedlock for five years and took care of Helen even before we
decided to live together;

4. Sometime in June 2020, I was laid off in my job as a call center

agent. I attempted to search for a new job but due to the pandemic,
I had a hard time finding one. I felt dejected and discouraged. I even
planned on committing suicide several times.

5. On November 4, 2020 upon my friend’s advice, I started calling the

suicide hotline managed by the City of Baguio. The said call was
then followed by several scheduled sessions/appointments;

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 1. On January 6, 2021, the suicide hotline dispatcher, who turned out
to be Honey Asuncion (hereinafter referred to as “Honey” for
brevity) reached out to me thru her professional messenger account
— “Suicide Hotline of Baguio City - Honey” because I missed my
scheduled appointment on December 30, 2020. Attached herewith
is a COPY OF A SCREENSHOT dated JANUARY 6, 2021 and
marked as ANNEX “1” of this Counter Affidavit;

2. The truth of the matter is that sometime in January 2021, due to the
burst of various emotions I was experiencing, I called Honey via
messenger to seek for an immediate counselling. That was the exact
moment when Eliaz heard me calling someone “Honey” over the
phone. However, in the middle of our conversation, I immediately
dropped the call when I heard Helen throwing tantrums and objects
around the house. A COPY OF SCREENSHOTS dated
JANUARY 13, 2021 and JANUARY 27, 2021 1:30PM is hereto
attached and marked as ANNEX “2” and ANNEX “3”,
respectively of this Counter Affidavit;

3. The truth of the matter is that, there is only one instance that I said
unsavory words to Helen, and it was only a result of her verbal
provocation. It is Helen who always starts the heated arguments by
saying hurtful statements that degrade me as a person like telling me
that I am worthless as a partner;

4. In fact, Helen has a habit of immediately jumping into conclusions

without any confirmation coming from me which then causes the
quarrel between us. This is corroborated by an instance when she
instantly concluded that I was having an affair with Honey
Asuncion;

5. It is not true that there was withdrawal of financial support and

refusal to give money. As a matter of fact, when I used to have a
stable job prior to the pandemic, I have never missed my
responsibilities to my family as I would send 80% of my salary
equivalent to Php 19,200.00 every month to Helen to cover our
expenses, Eliaz’s needs, and family savings;

6. The remaining 20% of my salary equivalent to Php 4,800.00 is

allotted for my personal savings and expenses such as food and
prepaid load. Such is possible because my previous employer used
to provide free shuttles and snacks at work. When I lost my job,
Helen was never, by all means, prevented from seeking employment
or engaging in any legitimate profession;

There is no truth to the allegation that I spent the family savings on drinking
alcohol. Whatever I spent drinking during the times I was depressed were all
my personal savings. I never used the family

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1. savings for I know very well that it was intended for the schooling
of Eliaz;

2. In fact, it was Helen who is sometimes drawn to expensive and

unnecessary luxury, to the point that we could no longer sustain our
daily needs, and she tends to forget her priority. She would
impulsively shop online just to go with the trend;

3. The truth of the matter is that, in the month of February 2021, I

applied for numerous jobs after I was laid off from work. In that
period, I luckily received numerous calls from prospective
employers asking for my availability for an interview.

4. Unsure of the outcome, I kept it a secret from Helen by answering

all the employers’ calls in the bathroom. I decided to keep it a secret
because I wanted to surprise her and not let her hopes high
considering the difficulty in finding a job during these times of
crisis. I did all these in order to comply with my obligations as the
patriarch of the family and to make up for the lost time when I was
dealing with depression;

5. The Suicide Hotline Team of Baguio then referred me to a

psychiatrist named Dr. King Dimagiba in order to have a deeper and
more extensive analysis on my case and to eventually help me to
completely recuperate from my depression. March 1, 2021 was my
last scheduled appointment with Honey for my first medical session
with Dr. Dimagiba which will start in the second week of March. A
COPY OF SCREENSHOTS dated FEBRUARY 10, 2021 and
FEBRUARY 24, 2021 are hereto attached and marked as ANNEX
“4” and ANNEX “5”, respectively of this Counter Affidavit;

6. It is true that I looked for a job on March 1, 2021. However, there is

no truth in the allegation that I met Honey in Starbucks, SM City
Baguio. The truth of the matter is that I was in Starbucks for a job
interview.

7. There is no truth to the complainant’s allegation that she saw me

talking and having coffee with a woman whom she recognized as
Honey Asuncion. The truth to the matter is that the woman whom
she saw at that time was not Honey but rather, the manager of SM
Starbucks who conducted the interview and by no means that the
same could be Honey Asuncion;

8. On the day Helen allegedly saw Honey and I together at Starbucks,

Helen once again showed aggressiveness towards me. I never
physically maltreated her, the bruises were a result of the instance
when I tried to stop her from throwing objects around the house and
in the presence of Eliaz;

Page | 20
 1. There is no truth to the complainant’s allegation that I punched her
several times. Although Helen and I would have quarrels which are
normal as all couples would, I have never used violence against her
in any form. As a matter of fact, whenever Helen and I would have
a disagreement, she would lose her cool, scream and throw objects
around the house. Attached herewith is a COPY OF A
SCREENSHOT dated JANUARY 27, 2021 4:30 PM and marked
as ANNEX “6” of this Counter Affidavit;

2. The alleged physical abuse is denied. I do not have any idea where
the bruises came from, or who caused it. In fact, I already saw the
bruises on her arms when I arrived home. I tried to ask her what
happened but instead of answering me, she continuously accused me
of infidelity. Helen continuously accused me without even giving
me a chance to talk and explain;

3. Helen then started to scratch and throw punches towards me. To

avoid harm to myself, I tried to parry the blows using both of my
hands. In order for her and Eliaz not to get hurt, I held her arms and
gripped her tightly which then resulted in several scratches on my
arms as shown by my scars;

4. I did not in any way blow a punch towards my partner, I merely

gripped her and tried to avoid her punches and scratches. I even
obtained a scratch on my left arm which was inflicted by Helen’s
metal watch while I was trying to avoid her punches and scratches.
Nevertheless, she still kept on punching and scratching me despite
everything I did to stop her. That whole scenario was even witnessed
by our son Eliaz;

5. It should be noted by the Honorable Office that all the accusations

in the complaint are without any supporting evidence, making it
self-serving;

6. I vehemently and vigorously deny the baseless and malicious

allegations of the complainant in her complaint even as I maintain
and will forever stand by my innocence;

7. By the reason stated above, the complaint against the respondent

herein should be dismissed. The undersigned thus prays that the
instant case be dismissed.

IN WITNESS WHEREOF, I hereunto affix my signature this 30th day

of June 2021 at the City of Baguio.

Page | 21
 JOHN FLOYD CRUZ
Affiant

SUBSCRIBED AND SWORN to before me this 30th day of July, 2021 at the
City of Baguio.

This is to certify that I personally examined the affiant and I am fully satisfied
that he voluntarily executed his Counter Affidavit.

ATTY. LEONARDO D. CARPIO

Associate City Prosecutor

Copy Furnished:
HELEN ADARNA RECEIVED: June 30, 2021 1:24pm Aurora
Hill, Baguio City

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ANNEX “1”

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ANNEX “2”

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ANNEX “3”

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ANNEX “4”

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ANNEX “5”

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ANNEX “6”

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Page | 29
ANNEX “2”

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ANNEX “3”

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ANNEX “4”

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ANNEX “5”

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Page | 34
ANNEX “6”

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ANNEX “7”

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