Republic of the Philippines

REGIONAL TRIAL COURT

Initao Misamis Oriental
Branch 44

Daylin Arsim,
Complainant,

-versus- CIVIL CASE No. 10012

For: Rape Case

Roy Pondias,
Accused.
x ------------------------------- x

JUDICIAL AFFIDAVIT
OF WITNESS

I, Daylin Arsim, 22 years old, single, residing at Panyangan, Manticao Misamis

Oriental, after having been sworn to in accordance with the law do hereby
depose and state:

That I am the same and identical person who caused for the execution of this
Judicial Affidavit under the supervision and at the law office of the undersigned
counsel with the name and address stated below;

That I had given my answers on the questions below stated with full
consciousness and I did so under oath, and that, I may face criminal liability for
any false testimony or perjury;

That the following are the questions asked by the undersigned counsel with
corresponding answers which I had given;

Q1: Please state your name and other incidentals

A1: I am Daylin Arsim, Single and a resident of Panyangan, Manticao, Misamis
Oriental.

Q2: Are you the same person filing a case of rape against one Roy Pondias?

A2: Yes sir.

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Q3: Do you know personally the defendant Roy
Pondias?

A3: Yes sir

Q4: What relation do you have with the

defendant?

A4: We were acquaintances sir.

Q5: How did you meet the defendant?

A5: We met through our common friend’s sir.

Q6: Where were you on January 10, 2019?

A6: We were at Moonbay Beach Resort sir; we were celebrating our Barkadahan
Christmas Party.

Q7: What were you doing in that Christmas party of

yours?

A7: We were eating and drinking sir.

Q8: Where you drunk during that

party?

A8: Yes sir.

Q9: What time did you leave the

party?

A9: At around 11:00 pm sir

Q10: How did you leave the party?

A11: Roy offered to take me along in his car because he also wanted to go home
sir.

Q12: What happened then?

A12: I rode with him in his car.

Q13: Where were you seated?

A13: I was seated on the front seat sir.

Q14: Was there anyone else with you on the

defendant’s car?

A14: No sir, it was just the both of us.

Q15: What happened next?

A15: He was talking to me when we reached at waiting shed along the highway
of linangkayan but I was too drunk to comprehend what he was saying, and then

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he started to put his right hand on my legs, and then he kept drawing his face to
my neck and face, trying frequently to kiss me.

Q16: What did you do during that time?

A16: I tried to push his face away from me, telling him that I did not like what he
was doing, but I was so drunk that I had no power to stop him.

Q17: What happened after that?

A17: I asked Roy to drop me off at Manticao Bus terminal, from there I would ride
a motorcycle home, but as we were travelling I fell asleep in his car and then at
around 2am or 3am he woke me up pointing a knife near my face, and then I
realized that we were parked inside a garage.

Q18: Do you know where you were parked?

Q19: At that moment sir I did not know yet, but later on I learned that we were at
the Boarding House in front of the gasoline station along the highway near Royal
Panda.

Q20: What happened next?

A20: With his knife at my back, he forced me to enter a room. When we got
inside, I asked what we were doing in that place but he did not answer me back. I
protested to him that I did not want to be there, but then he pointed the knife at
me and said that if I did not do what he wants he would kill me immediately.

Q21: What did he want from you inside that

room? A21: He said he wanted to have sex
with me.

Q22:Did you accede to his demands?

A22: No sir, I did not want to have sex with him but I was too drunk and was so
fearful of him that I could not muster the strength to fight back.

Q23: What did the defendant do after that?

A23: With his knife at my neck, he proceeded to strip me off my clothes and
when I was naked, he maniacally fondled my breasts and private parts trying to
make me wet.

Q24: What do you mean in he was trying to make you wet?

A24: He was trying to arouse me so that he could penetrate me easier, he was
trying to entice me to have sex with him, but I did not want to.

Q25: What did he do after that?

A25: He again held his knife to my neck, saying that he will slice my neck open if
I did not do what he wanted.

Q26: What did he want you to do after that?

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A26: He dragged me down to the floor, with him seated at the edge of the bed,
he then grabbed my head and forced me to give him a blowjob.

Q27: By blowjob you mean he wanted to put his penis in your

mouth?

A27: Yes sir.

Q28: Did he succeed in

doing so?

A28: Yes sir.

Q29: What did he do after that?

A29: After that he dragged me back to the bed and forced me to lie down facing
up, he then grabbed my legs and spread them apart, after that he started to lick
my vagina and started to put his fingers inside me. I was crying loudly then and I
kept asking him to stop because I did not like what he was doing, and that what
we were doing was wrong, but he still would not listen and he continued what he
was doing for about 10 minutes.

Q30: What happened after that?

A30: After that, he pulled himself up and put the knife again at my neck, he then
proceeded to insert his penis inside my vagina. I was crying loudly again
because of the knife, he was laughing at me and seemed that he was enjoying
what he was doing. After about another 15 minutes he ejaculated inside me. I
was again brought to tears because I was afraid that I might become pregnant.

Q31: What happened after that?

A31: After doing what he did, he went to the comfort room to take a piss. That
was when I saw my opportunity to run. I grabbed my clothes and handbag and
headed straight to the exit. I ran out and shouted for help. Thank God there was
a mobile patrol unit and I approached them immediately telling them that I had
just been raped.

Q32: What did the police men do?

A32: They took me inside the patrol car and asked what happened, then
suddenly Roy came out of the boardinghouse with no shirt on probably searching
for me, I immediately pointed to them that he was the one who had raped me.
When Roy saw the police, he tried to run but he was caught.

Q33: What happened after defendant was taken to custody by

the police?

A33: I was taken to the hospital for medical examination

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Q34: Did the medical examiner provide you with a medical
certificate

A34: Yes sir.

Attached to this judicial affidavit is an original copy of the medical

certificate marked as exhibit “A”

Q35: Who issued the medical certificate?

A35: It was Doctor Jun Rey Canoy sir.

Q36:Whose signature is in this medical certificate?

A36:My doctor sir, its doctor Jun Rey’s signature

Q37: How do you know it is Dr. Jun Rey Canoy’s signature

A37:Because I was present when he signed that document in front of me sir.

Q38: Did the police take down your statement?

A38: Yes sir, at the hospital after my examination, a police officer took my
statement.

Attached in this judicial affidavit is an original copy of the Excerpts from

Daily Record of Events of Police Precinct 3 to be marked as Exhibit “B”.

Q39: Who’s signature is in this copy of the Excerpts from Daily Record of
Events of Police Precinct 3?
A39: It is the signature of SPO4 Marvin Abejo, he was the one who took my
statement.

Q40: How do you know it is the signature of SPO4 Marvin

Abejo?

A40: Because he signed that document sir in front of me.

Q41: Do you have anything else to say Ms.

Arsim
A41: I have nothing more to say sir.

IN WITNESS WHEREOF, I have hereunto affixed my signature this

_____15___ day of __February____ 2019 at Initao Misamis Oriental.

Daylin Fortaliza Arsim

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 Private Complainant

SUBSCRIBED AND SWORN TO before me this __February 15, 2019__at Initao

Misamis Oriental,
Philippines

ATTY. KAETH ORQUILAZ YANEZ.

Counsel for the State
MCLE Compliance Cert. No. III, 0000000 Feb. 15, 2019
MCLE Compliance Cert. No. IV, 0000000, April. 4, 2019
PTR No. 0000000/01-03-2019/Initao Mis. Or,
IBP O.R.No. 000000/ 12-01-2019/Initao Mis. Or,
TIN No. 000-000-000/ Roll No. 00051300
Poblacion, Initao Misamis Oriental
Email address: KaethOYanez@yahoo.com

ATTESTATION OF LEGAL COUNSEL

I, ERNESTO JAMACA., Prosecutor III, Detailed PPO-Initao Mis. Or, after

having been sworn to in accordance with the law do hereby depose and say:

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

questions I asked and the corresponding answers that witness, Odessa Joy
Romano, gave;
2. That I have not, nor any other person present or assisting coached
the witness regarding the witness’ answers; and
3. That I fully understand that any false attestation shall subject me to
disciplinary action, including disbarment.

IN WITNESS WHEREOF, I have hereunto affixed my signature this

___15___ day of ____February____ 2019 at Davao City, Philippines.

ERNESTO JAMACA JR.

Counsel for the State

SUBSCRIBED AND SWORN to before me this 15th day of February 2019

at Initao Misamis Oriental, Philippines.

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 ATTY. FRANCIS DUMAOG
Public Attorney IV
Public Attorney’s Office
Initao Misamis Oriental
MCLE Compliance No. IV
000000

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