Republic of the Philippines

MUNICIPAL TRIAL COURT IN CITIES

First Judicial Region
BRANCH 2
Baguio City

THE PEOPLE OF THE

PHILIPPINES,
Plaintiff, CRIM. CASE No. 136105

For:
- versus -
VIOLATION of SECTION 6 of
RA No. 8485
JOEFFREY (JOE) PASOS,
Accused.
x-----------------------------------------
-x

This is a Judicial Affidavit of LIZZA CAUAN, of legal age,

Filipino, single, and a resident of No. 48 Santo Tomas North Road, Sto.
Rosario Valley, Baguio City, Philippines, who is a witness for the accused
in this case.

The examination of the witness was conducted and supervised by

Atty. Patricia Marie Frances D. Castro, with office address at Suite 305,
Laperal Building, Session Road, Baguio City. The examination of the
affiant was conducted at the aforementioned office of Atty. Patricia Marie
Frances D. Castro.

It was fully explained to the witness and she fully understands that
she is answering all the questions asked of her while she is under oath and
that she may face criminal liability for false testimony or perjury if she
does not answer truthfully. The witness/affiant was examined and has
given her answer in the English language, which is a language known to
her.

OFFER OF TESTIMONY

This Judicial Affidavit of the witness, Lizza Cauan, is being offered

to prove the innocence of the accused as to the charges against him. She
will attest to the fact that in the evening of 05 December 2016, she was at
her place of residence at No. 48 Santo Tomas North Road, Sto. Rosario
Valley, Baguio City, Philippines. She will attest to the circumstances
witnessed by her during that time. She will help prove the innocence of
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the accused in this case. Finally, she will testify on other matters, which
may be of relevance.

JUDICIAL AFFIDAVIT

I, LIZZA CAUAN, of legal age, single, Filipino citizen, and a

resident of 48 Sto Tomas North Road, Santo Rosario, Baguio City,
Philippines, after having been sworn to in accordance with law, do hereby
depose and state that:

I am a witness for the accused in the above-entitled case;

In relation to said case, the person examining me is my counsel,

Atty. Patricia Marie Frances D. Castro, with office address at Suite 305,
Laperal Building, Session Road, Baguio City. The examination is being
held at the same address. I am answering her questions fully conscious
that I do so under oath. I likewise understand that I may face criminal
liability for false testimony or perjury, if I told untruthful allegations in
this judicial affidavit;

The questions asked by my counsel and the answers I gave are as

follows, to wit:

1) Question (Q): Please state your name and other personal

circumstances, for the record.
Answer (A): My name is Lizza Tumaliwan Cauan. I am 61
years old, single and a resident of 48 Santo Tomas North Road,
Santo Rosario Valley, Baguio City.

2) Q: Do you know the accused in this case?

A: Yes, ma’am.

3) Q: How do you know him?

A: He is my nephew, ma’am.

4) Q: Where is the accused residing, if you know?

A: Since he graduated he has been residing in Olongapo with his
brother, Allan.

5) Q: Do you know the private complainants in this case?

A: Yes, ma’am.

6) Q: How do you know them?

A: They are my neighbors, ma’am. They live in the third floor
of our house.

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7) Q: Do you recall where you were in the evening of December 5,
2016?
A: I was at home, attorney. I was cleaning the windows of our
house.

8) Q: What did you see during that time, if any?

A: At 8pm, I saw Kyle Klein arrive at the house and I heard him
calling Girlie to open the gate.

9) Q: Who is this Kyle Klein and Girlie you are referring to?
A: They are the other children of Estela delos Reyes, and the
brother and sister of Hanz.

10) Q: And who are these Estela and Hanz that you are
referring to?
A: They are the private complainants in this case, ma’am.

11) Q: What happened after that, if any?

A: I saw them enter the house, and then I heard Kyle saying,
“Hanz, kinuha mo na naman yung pera ko”.

12) Q: What was the response of Hanz, if any?

A: I heard Hanz answer, “Bakit kuya? Lagi ako na lang!”

13) Q: What happened after that, if any?

A: I heard a female voice, who sounded like Girlie, say,
“Tanungin mo muna si mama”

14) Q: What happened after that, if any?

A: I saw Kyle go out of the house, holding a bag.

15) Q: What did he do with the bag, if any?

A: I saw him place it beside the dog that was tied near the faucet
inside the covered veranda.

16) Q: What did he do after that, if any?

A: I saw him wash the dog plate and then placed something on
the plate.

17) Q: What happened after that, if any?

A: I saw Kyle go back inside and I heard him saying “Hanz
ibalik mo sa akin ang pera!”

18) Q: What happened after that, if any?

A: Moments later, I heard pounding coming from upstairs and I
heard a girl say “Kyle! Hanz! Huwag kayo magsuntukan!
Isumbong ko kayo kay papa!”

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19) Q: What happened after that, if any?
A: I saw Hanz holding a sando bag, and poured the contents in
the dog plate where the dog was eating, then he threw the sando
bag near our kitchen door.

20) Q: What did Hanz do after throwing the sando bag, if

any?
A: I saw Hanz go out of the gate.

21) Q: What was he doing after going out of the gate, if any?
A: He looked like he was trying to hide from somebody.

22) Q: What happened after that, if any?

A: I saw Kyle at the veranda of the house and he looked upset.

23) Q: What was he upset about, if you know?

A: I believe it was because of his dog.

24) Q: What made you say that?

A: I heard Kyle say, “Hanz, Hanz! Nasaan ka?”. And then he
went out of the house looking for Hanz.

25) Q: What happened after that, if any?

A: I saw Kyle pushing his brother Hanz inside the veranda
where the dog was, and he said “Pinatay mo ang aso ko! Gago ka
talaga!” And then Kyle was crying so hard.

26) Q: What happened after that, if any?

A: At around 10pm, I saw Myles and Estela de los Reyes arrive.

27) Q: What did they do upon arriving, if any?

A: I heard Estela saying, “Kyle, itigil mo ang pag-iyak. Ako na
bahala. Myles, Kyle, buhatin niyo ang aso. Ilagay niyo sa labas”

28) Q: What did they do after that, if you know?

A: I saw Myles and Kyle carry the dog and laid it outside their
gate. Then I heard Estela tell Myles that they will go to the police.

29) Q: What happened after that, if any?

A: Police arrived, but left immediately.

30) Q: What happened after that, if any?

A: In the following morning, I heard Estela saying “Kyle,
maghukay kayo para ilibing yung aso”

31) Q: What was the response to that, if any?

A: I saw Kyle and I heard him say, “Bakit ako? Si Hanz ang
maghukay.”
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 32) Q: What happened after that, if any?
A: At around 11:30 in the morning, I saw Hanz assisted by two
children digging a hole near our water tank and buried the dog.

33) Q: I am finished with my questions. Is there anything you

would like to add?
A: No, ma’am.

34) Q: Do you affirm and confirm the truthfulness of your

Judicial Affidavit?
A: Yes, ma’am.

LIZZA TUMALIWAN CAUAN

Affiant
VIN: 1102-0641A-E0656LTC20000

SUBSCRIBED AND SWORN TO BEFORE ME this 10th day of

October 2017 at Baguio City by the affiant who acknowledged to me that
the foregoing judicial affidavit is his voluntary act and deed. He exhibited
his government issued ID, the details of which are indicated below his
name as his competent proof of identity.

Doc. No. ;
Page No. ;
Book No. ;
Series of 2017.

COUNSEL’S ATTESTATION

I, PATRICIA MARIE FRANCES D. CASTRO, of legal age,

single, Filipino citizen, lawyer by profession and with office address
located at ABS Law Offices, Suite 305 Laperal Building, Session Road,
Baguio City after having been sworn to in accordance with law, hereby
depose and say that:

I am the counsel for the accused in the above-entitled case. I have

conducted the examination of the witness at my stated office address, and
I hereby attest to the following:

a) That I had faithfully recorded the questions I asked and the

corresponding answers that the above named witness gave;
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 b) That I used the English language in asking my questions which
the witness fully understood; and

c) That neither I nor any other person then present had coached the
witness regarding her answers.

IN WITNESS WHEREOF, I have hereunto set my hand this 10th

day of October 2017 at Baguio City, Philippines.

PATRICIA MARIE FRANCES D. CASTRO

Counsel

SUBSCRIBED AND SWORN TO BEFORE ME this 10th day of

October 2017 at Baguio City. The above named counsel exhibited her
IBP ID bearing the Roll No. 63622 as competent proof of identity.

Doc No. ;
Page No. ;
Book No. ;
Series of 2017.

COPY FURNISHED:

OFFICE of the CITY PROSECUTOR

Justice Hall, Baguio City

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