Republic of the Philippines

Department of Justice
Office of Prosecutor
REGIONAL TRIAL COURT OF BAGUIO

JENNIFER WAGAYEN
Complainant, Criminal Case: 39383-R
For: Robbery with Homicde

-versus-

MARITESS JUDAN
Accused,

x-------------------------------------x

COMPLAINT

I, Jennifer Wayagen, the undersigned, of legal age, Filipino, at

residence of Purok 1 , Pinsao Proper, Baguio City, after being sworn
to in accordance with the law,hereby depose and state that:

1. I am the mother of Allery Wayagen as evidenced by her birth

certificate herein attached as an “ ANNEX A”

2. I am executing complaint affidavit to charge Marites Judan. For

Robbery with homicide defined and punished under the Article 294. of
the Revised penal code for the death of my daughter, Allery
Wagayen. The offense was committed under the circumstances
below.

3. On May 22, 2016 I posted an wanted housemaid in front of my

store and after a few minutes the suspect saw a poster and then she
applied immediately.

4. On May 24, 2016 around 10:45 A.M I received a call from my son
Roger Wagayen, informing that his sister found dead inside the
bathroom and was being rush to the nearest Hospital in Baguio City.

5. PSupt. Jethro Moog state his first theory, Marites made sure that
there was no one outside, and he suddenly entered the couple's
room to get the jewelry and money that were placed in the drawer. A
few minutes later, Marites saw the victim looking for something, and
suddenly she said, "You're a thief, aren't you?" and she suddenly
covered the victim's mouth so that she could not scream, dragged her
towards the Cr, and stabbed her thirteen times.

6. Under article 294 of the Revised Penal Code. Art. 294. Robbery
with Homicide any person who shall kill another, shall be guilty
homicide and shall be punishable by Reclusion temporal in its
maximum period to death. Based on the foregoing facts, all elements
of Robbery with homicide are present and are a proper basis in
finding probable cause for filing a criminal complaint against Maritess
Judan.

7. I am executing this affidavit to attest the best of my knowledge and

authentic records, to the truthfulness and correctness of the foregoing
facts and to support the filing of a Criminal case for Robbery with
Homicide against Maritess Judan.

AFFIANT FURTHER SAYETH NAUGHT.

IN WITNESS WHEREOF, I have hereunto set my hands this 25th

day of May 2016 in Baguio City, Philippines.

Jennifer Wayagen
Offended Party

SUBSCRIBED AND SWORN to before me this 25th day of May

2016 at Baguio, I HEREBY CERTIFY that I have personally
examined the herein offended party and I am satisfied that she
voluntarily executed and understood her given affidavit.

ATTY. Emmanuel C. Rasing

Judge

WITNESS
Roger Wagayen
 Republic of the Philippines
Department of Justice
OFFICE OF PROSECUTOR
REGIONAL TRIAL COURT OF BAGUIO

JENNIFER WAGAYEN
Complainant,

Criminal Case No. 39383-R

For: Robbery with Homicide
-versus-

MARITESS JUDAN
Accused,
x--------------------------------x

COUNTER- AFFIDAVIT

I, Maritess Judan, legal age, married, a Filipino citizen and a

resident of Purok 1, Pinsao, Baguio City under oath hereby depose
and state that:

1.I am a respondent in Criminal Case No. 39383-R file against me

by the herein complainant Jennifer Wagayen on the charged of
Robbery with Homicide.

2. I forcibly deny the accusation made under the oath of the

complaint affidavit of Jennifer Wagayen for being false and
fabricated. The truths of this matter are stated hereunder;

3. That, on May 24, 2016, at 10:45 A.M that the incident happened, I
went to the supermarket because his mother told me to delivered the
utensils in their store.

4. After I delivered those utensils, I spend my time to buy some foods

for my children and then I went home to take a rest.

5. The allegations stated and the complaint affidavit are mere

malicious and untruthful by the complainant.

6. I am executing this counter affidavit to attest to the truth of the

foregoing statement and to support for the dismissal of the case filed
against me.
IN WITNESS WHEREOF, I have hereunto affixed my signature on
this 26th day of May, 2016 in Baguio City, Philippines.

Maritess Judan
Affiant

Affiant SUBSCRIBED AND SWORN to before me this 26 day of May 2016 at

Baguio City. I HEREBY CERTIFY that I have personally examined the affiant
and I am satisfied that he voluntarily executed and understood his Counter
Affidavit.

ATTY. Emmanuel C. Rasing

Notary Public
 Republic of the Philippines
Department of Justice
OFFICE OF PROSECUTOR
BAGUIO CITY

JENNIFER WAGAYEN
Complainant,

Criminal Case No. 39383-R

For: Robbery with Homicide
-versus-

MARITESS JUDAN
Accused,
x--------------------------------x

REPLY AFFIDAVIT

I, Jennifer Wagayen , Legal age, Flipino citizen, married and a

resident of Purok 1, Pinsao, Baguio City states under oath as follows
that:

1. I hereby reiterate and replead all the positions and arguments

contained in my Complaint-Affidavit as may be considered material
and relevant in this Reply-Affidavit;

2. As can be gleaned in the Counter-Affidavit submitted by herein

respondent, he merely concentrated on denying his acts of
lasciviousness toward me on May 24, 2016, and accused me of
committing the said felony;

3. Maritess Judan wanted to convince her honorable office that she is

not the one who killed her daughter.

4. That, Ronald Wagayen who is the witness of the incident happens

and also executed an Affidavit witness stated that he saw the suspect
Maritess Judan going to supermarket to delivered the utensils.

5. I, therefore, most respectfully pray that criminal information for

Robbery with Homicide be now filed against Maritess Judan as there
is more than probable cause for his indictment.
IN WITNESS WHEREOF, I have hereunto affixed my signature this
27 day of May 2016 in Baguio City, Philippines.

Jennifer Wagayen
Offended Party

SUBSCRIBED AND SWORN, to before me on the date and place

first-above written, affiant declaring under oath that the allegations in
the foregoing Reply Affidavit are all true and correct. I HEREBY
CERTIFY that I have personally examined the affiant and I am
satisfied that she voluntarily executed and understood all the contents
hereof.

ATTY. Emmanuel C. Rasing

Notary Public
 Republic of the Philippines
Department of Justice
OFFICE OF PROSECUTOR
REGIONAL TRIAL COURT OF BAGUIO

JENNIFER WAGAYEN
Complainant,

Criminal Case No. 39383-R

For: Robbery with Homicide
-versus-

MARITESS JUDAN
Accused,
x--------------------------------x

REJOINDER AFFIDAVIT