Professional Documents
Culture Documents
PRELIMINARY STATEMENT
PURPOSE
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To prove and establish that the personal accounts of the witness,
which are material to the case in regards the alleged incidents on the 23 rd
and 27th of January 2023, respectively, disproves the allegations as charged
in the information.
EXAMINATION
Question 4: During these many years as you say you have been friends,
what can you say about his character?
Answer: I can only say nice things about him Sir because since the time I
met him, I have never heard anything negative from anyone that he may
have done especially with women. In fact, he always help those that he can
whenever he is asked to help.
Question 5: How about the complainant of this case Ms. Mhaey Lhyne R.
Marcelo, do you know her?
Answer: Yes, Sir. I know her also because but we were classmates only in
grades 7 and 10, respectively. But we became close during our stint as Boy
Scout members under VNHS-BSP Outfit Adviser Sir Renie Sotto.
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Question 6: Let us proceed now to your participation of the case Madame
Witness. How did you come to know that a case was filed against
respondent? Please elaborate.
Answer: I came to know that there was a case filed against respondent
when complainant included me in the group chat in facebook messenger
together with Ms. Jaline Jayoma, who is also a friend and classmate. In that
chat, complainant informed us regarding the alleged incidents between her
and respondent that took place sometime on the 23rd of January and 27th
respectively.
Question 7: What did you feel after you heard complainant’s allegations
against respondent?
Answer: Honestly sir I felt bad because I could not believe that he is
capable of such acts against someone I know.
Answer: I distanced myself from him Sir because I really felt bad about the
allegations against him. However, since the accused is a good friend of
mine, there was a time that I took the courage to confront him ask on his
side about the incident.
Question 9: Do you recall the time when was that where you finally had
the courage to confront the respondent regarding this incident?
Answer: If I am not mistaken sir, together with Jaline Jayoma and Sept
Beligore, we sat down with him I think after the second summon from the
Lupon ng Barangay as we came to know later on.
Question 10: What did you find out during your talk with him?
Answer: We found out what we suspected all along that the allegations
against him could not have been possible since complainant did not show
indications of being a victim of harassment during and after the alleged
incident on 23 January. I would know it since we were together at that time
and I do not recall her complaining to us whatsoever that respondent did
something to her as she now alleges.
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Question 11: In that case, would it be safe to say that the incident did not
take place as the complaint alleges? Can you elaborate?
Answer: No Sir not at all. I think the incident on the 23 rd of January actually
happened in so far as the allegations that the private parts of respondent
(penis portion) touched the left shoulder of complainant. But I would
qualify that it was never intentional on the part of respondent which I
believe to be the case. In short, it was an accident.
Question 12: What would be your basis for saying that Madame Witness?
Answer: I say this because any woman who experiences harassment from
anyone responds as any victim would. Meaning, they react in such a way
with contempt. Protest immediately follows against the would be
perpetrator. However, I did not observe this taking place when we asked
those who were familiar with the case with respect to complainant’s actions
again, during and after the incident.
Question 13: How about the 27 January incident Madame Witness? What
actions did you take if there were any to resolve said allegations for your
own peace of mind? Please expound.
Answer: In that incident sir, Jaline Jayoma and another friend was with me
if I am not mistaken, we went to sir Sotto, our Outfit Adviser at BSP
sometime after finally learning the whole story and version of events of
respondent. In which case, we inquired with Sir Sotto if ever he has
recollections of the incident as alleged on 27th of January. To our surprise,
Sir Sotto informed us that it is impossible since there were four teachers
present at that time notwithstanding that the BSP office is very small. We
also found out that the complainant never showed any signs that he was
again harassed as she indicated in her complaint just like the 23 rd January
incident. In fact, complainant and respondent left together from BSP Office
to the house of respondent to download the autocad software that
complainant asked respondent early on. One could only ask, if you were
harassed, why still go with your perpetrator? It’s a question I pose myself
sir if I were in her shoes.
Question 14: Given all your factual grasp of the case as herein testified to,
has there been any proof you found that complainant was offended by
respondent’s actions in both the 23rd and 27th January incidents at any point
thereof except the time when she finally decided to file the case?
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Answer: No, Sir. She was never offended because I believe respondent is
not capable of the acts, with respect to intentionally sexually harassing
anyone as he is now being accused such as in this case.
Question 15: Are you saying this based on what Madame Witness?
Answer: My answers sir are only based on what I believe to be true though
I must also clarify. I am not favoring one over the other. On the contrary, I
only investigated for the sake that I could have my own peace of mind
since respondent is a very dear friend of mine. And I say this with no ill
intent towards complainant also because she is also my friend. I only
approach and apply common sense towards the facts of the case as
presented to me Sir.
Question 17: Thank you Madame Witness that would be all for now.
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ATTESTATION
I hereby attest that I have faithfully recorded all the questions asked
of the witness in this judicial affidavit (transcribed it in English), in giving
him answers and she was neither coached by anyone present during the
examination.
EXPLANATION
A copy of this Judicial Affidavit is attached together with the Counter
Affidavit of Respondent filed for this purpose.
Copy furnished:
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