Do you swear to tell the truth, the whole truth and nothing but the truth, so help you

God?

ML: I do.

P: Permission to approach the bench, your honor.

P: Please state your name for the record.

P: Are you familiar with this document?

ML: Yes.

P: Can you state, for the record, what the document is?

ML: It is my judicial affidavit.

P: I refer you to the final page of this affidavit (show the page). Do you see this signature?

ML: Yes.

P: Whose signature is it?

ML: Mine.

D: Do you affirm the truthfulness and veracity of the judicial affidavit?

ML: I do.

P: Your honor, we present Exhibit "A" as the judicial affidavit of Ron Jeremy, and certify its
authenticity.

// Loregin direct testimony
(Your honor, I would like to present, the victim, Loregin Alvero, and the direct testimony would
serve to establish that her father did in fact had lewd designs upon her person, since January of
1996 and that her father raped her from April to July of the same year.)
(Your honor, I would like to request that the conduct of this direct testimony be in the vernacular,
since Loregin does not know how to speak English.)
(OATH)
Q: Iha, ano yung buong pangalan mo?
A: Loregin Lei Cabahug po.
Q: Ilang taon ka na?
A: 6 years old po.
Q: San ka nakatira?
A: Sa bahay po namin. Sa Leyte.
(objection, not responsive, your honor! you must give leeway, your honor, as the witness is a
child of tender years.)
Q: Alam mo ba yung address niyo doon?
A: Opo.
Q: Ano yung address niyo?
A: Sa Barangay, Sta. Elena po. Purok 4, Bayugan I.
Q: Sino kasama mo sa bahay?
A: Yung nanay at tatay ko po. Tapos yung bunso, si Lorenzo.
Q: Malaki ba yung bahay niyo?
(objection your honor, irrelevant) (laying the predicate, your honor)
A: Maliit lang po.
Q: Kaya mo bang ipakita sa amin kung gaano kalaki?
A: Opo. (motion)
Q: Masasabi mo ba na maliit yung bahay mo?
A: Opo.
Q: May kwarto ka ba?
A: Wala po.
Q: Saan kayo natutulog?
A: Magkasama po kami sa isang kwarto.
Q: Sino yung katabi mo matulog?
A: Minsan po si nanay. Minsan po si....(dramatic pause)
Q: Iha,kaya mo ba sagutin yung tanong ko?
A: (sniff) Opo.
Q: Sino yung sinasabi mo na isa mo pang katabi kanina?
A: Si...si tatay po! (sobs)
Q: Iha, kaya mo pa bang magpatuloy?
A: (regains composure) Opo.
*** Q: Your honor, I would like to request that her support person accompany her for the duration
of this testimony
// Narito ba yung gumahasa
Q: Bakit ka umiyak nung sinabi mo yung tatay mo katabi mo matulog?
A: Kasi po masama siya.
Q: Bakit siya masama?
A: Kasi sinaktan niya ako.
Q: Paano ka niya sinaktan?
A: Kasi po, pag sinasamahan ko siya kumuha ng saging, hinihiga niya po ako sa damuhan.
Q: Anong ginagawa niya sa yo sa damuhan?
A: Pumapatong po siya sa akin. Tapos, yun po, masakit.
Q: Paano ka niya sinasaktan?
A: May bukol po yung kwan niya.
Q: Ano yung bukol?
A: Yung ano po, yung kwan po. (crying, gesticulating)
(Your honor, in order to facilitate this testimony, we move to use anatomically correct dolls, as
she is having great difficulty in describing her ordeal)
Q: Iha, alam mo naman kung ano ito diba? Lalake at..?
A: Babae po.
Q: Sa dalawang ito, ano ikaw?
A: Yung babae po.
Q: Sino ito?
A: (ituturo si Jan) Tatay ko po.
- (comment: Pakana ito, pakan!) (admonish, move away from the witness stand)
Q: Okay. Anong pinagkaiba nung dalawang ito?
A: Yung bukol po.
Q: Saan yung bukol?
A: Dito po (points to the groin area)
Q: Meron ka bang ganyan sa katawa mo?
A: Wala po.
Q: Sabi mo kanina, hiniga ka niya.
A: Opo.
Q: Ito. (lies doll down) Kaya mo ba ipakita sa amin, gamit itong mga dolls yung ginawa niya sa
yo?
A: Opo. (takes dolls) Lumuhod mo po siya, tapos tinaggal niya yung panti ko. (takes dress)
- Jan: Pakana mo ito Lourdes! Tinuturo mo sa anak natin! Sabihin mo, ginagawa niyo ito ni
Ramon
(ORDER, ORDER IN THE COURT)
- Your Honor, I request that he be removed from this honorable court so as to prevent further
interruption of proceedings!
- Your honor, my client has the constitutional right to confront his accused. He should not be
removed from this honorable court, and I request your kind indulgence that my client be strongly
reprimanded.
- Your honor, he must be removed to protect the paramount interest of the child!
- Your honor, I would like to manifest that the paramount interest of the child is not some magic
wand to be waved for the sake of convenience!
- whatever the outcome is, the child witness would still be unconsolable -
- Your honor, seeing as the witness cannot continue and these circumstances stand as such, I
move that the proceedings be postponed and REQUEST that the court grant an order that the
direct testimony continue via live link television.
// LIVE-LINK PART// court is now in session // same appearance
Q: IHA, sabi mo lumuhod siya. Hawak mo ba yung mga doll?
A: Opo.
Q: Ano yung ginawa niya?
A: Inalis niya po yung pantalon niya at yung brief niya. Tapos pinilit niya pong ipasok yung bukol
niya sa kwan ko, tapos (makes motion)
Q: Anong ginagawa mo habang nangyayari yun?
A: (iiyak ng konti) Sabi ko po, wag po tatay, masakit po. Tinutulak ko po siya, pero sinampal niya
po ako. Tumigil na po ako.
Q: Tumigil ba siya?
A: Hindi po agad. Pero nung natapos po siya, sabi niya po wag ko sabihin kay nanay.
Q: Bakit daw wag mo sabihin sa nanay mo?
A: Papatayin daw niya po si Nanay at si Lorenzo pag sinumbong ko po.
/// Facts na
Q: Iha, kaya mo ba magpatuloy?
A: Opo.
Q: Sinasabi mo nung isang araw, na nangyari ito nung kumuha ka ng saging. Kelan nangyari ito?
A: Sa April.
Q: Kelan sa April?
A: Di ko na po maalala.
Q: Pagkatapos nito, sinaktan ka ba niya ulit?
A: Opo. Maraming beses pa po.
Q:

// STOP SO FAR
Q: Alam mo ba kung bakit andito?
A: Testigo po ako.
Q: Para saan?
(quiets down)
Q: Iha?
A: Tungkol po sa ginawa sa akin.
Q: Alam mo ba kung ano yung ginawa sa yo?
A: Opo. Ginahasa po ako.
Q: Andito ba yung gumahasa sa iyo?
A: (Starts to tear up) Opo.
Q: Kaya mo bang ituro kung sino siya?
(points to Jan. Jan gets mad, makes dabog, stamping the floor. Witness starts to panic.) -> Your
honor, I would like to request that the accused be admonished for his outburst and disturbing
these proceedings. (his life, his very existence, and his family relations are at stake here) //at the
very least, your honor, the accused must be reminded of the sanctity of this court.
//molestation
Q: Naalala mo ba yung nangyari sa yo nung January 12, 1996?
A: Opo.
Q: Ano yung mga naalawla mo nung araw na yun?
(leading?)
A: Natutulog po ako sa bahay namin.
Q: Mga anong oras yon.
A: Di ko na po maalala... hapon po.
Q: Ano nangyari nung hapon na iyon, habang natutulog ka?
A: Nagising po ako bigla.
(vague, your honor;laying the predicate, your honor)
Q: Bakit ka nagising?
A: Kasi...kasi po (she's having a hard time saying the right words) (Jan slams the table)
- your honor, please, reprimand the accused for badgering the witness! - my client is in a highly
charged emotional state, your honor, it is inevitable that tensions will run high. I will tell him to
avoid such behavior in the future.
- witness starts to cry. nons shall console her.
- Your honor, seeing as the circumstances are as they are, I would like to request for a recess in
order to calm the witness.
(immediately after the recess is granted, Jan goes to the bench and starts harassing at Jaypee)
// Continuation of molestation narration
Your honor, for the prosectuion, same appearance.
For the defense, same appearance your honor.
- Your honor, I would like to call the child witness to the live-link conference room. (kasama ba si
nons?)
Q: Iha, nakikita mo ba kami?
A: Opo.
Q: Mabuti naman. Kaya mo ba magpatuloy?
A: Opo.
Q: Ngayon, naalala mo ba kung bakit ka nagising nung araw na iyon?
A: Hinahawakan po ako ng tatay ko.
Q: Naalala mo ba kung saan ka hinawakan?
A: Opo.
Q: Saan iyon?
(shall have difficulty in answering the question)
Your honor, to facilitate this line of questioning, I would like to present an anatomically correct doll
for the child to point to the body parts where she was molested.

//rape
Q....Nung April 4, asan ka?
A....Sa bahay po namin.

Q....Naalala mo ba yung nangyari say iyo noon?
A....Opo.
Q....Ano yung nangyari?
A....Sinabi po ng tatay ko na samahan ko daw po siya habang (namimitas ng palay) sa
Gumapitan.
Q: Sumama ka ba?
A: Ayaw ko po, hindi ko po gustong sumama.
(objection? Witness is not answering the question your honor! // she is allowed leeway, your
honor, as she is a child of tender years!)
Q: Uulitin ko iha, sumama ka ba?
A: Opo. Pinilit po ako ng nanay ko.
Q....Nung pumunta kayo sa Gumipitan, saan yung FARM na pinuntahan niyo para sa pagsasaka
ng tatay mo?
A....Ah, hindi na po kami natuloy eh.
Q....Bakit?
A.... Nung pasakay na kami ng tricycle, pupuntahan po namin yung trike, sabi niya pupunta
nalang po kami sa bahay ng pinsan niya. Sinundan ko po siya.
Q: Pagkatapos?
A: Hindi po kami sa bahay ng pinsan niya.
Q....Bakit di natuloy?
A....Sabi niya po, samahan ko nalang daw po siya para sa isang usapan.
Q....Saan yung usapan na yun?.
A....Dun po, sa plantation.
Q: Anong nandoon sa plantation na yun?
A: Saging po.
Q....Saan yung plantation.
A....He dragged and pulled me to the banana plantation.
Q....What did he do after he pulled you to the banana plantation?
A....While holding the pisao with his other hand, he boxed me on my abdomen.
Q....What happened next?
A.... I was weakened.
Q....What happened next?
A....He immediately took off my panty.
Q....What did he do next?
A....He unbuttoned his pants.
Q....Then, what did he do, if any?
A....He laid on top of me.
Q....Then what happened?
A....I was about to shout but since it was very far apart I decided not to.
Q....What is it that you did not like to be done to you by your father?
A....When he put his penis on my sexual organ.
Q....What was your feeling if any once he inserted his organ to your vagina?
A....It was painful.
Q....What happened next after he placed his sexual organ to your vagina?
A....It was consummated.
Q....Thereafter what did you do?
A....He put back my panty.
Q....Thereafter, what happened?
A....As I was lying then, I stood up and he told me that if ever I will report or tell my mother he will
kill me.
Q....Thereafter what did both of you do?
x x x
A....We were about to go home but instead he proceeded to buy rice and changed his mind and
went directly ahead. He said that we will always be together. When he was tired driving, we
together with the bicycle boarded a bus for Surigao.
Q....What else did you do?
A....We boarded a ferry boat proceeding to Liloan. Since it was night at Liloan.
Q....While sleeping at Liloan, what did the both of you do?
A....In the morning, we boarded a vehicle to Maasin.
Q....From Maasin, where did you go?
A....From Maasin we took a Bachelor Bus for Baybay.
Q....And then?
A....We proceeded to Abuyog.
Q....When you arrived to Abuyog, what did you do?
A....We went to certain Felix Yungco at Bgy. Victory, Abuyog, Leyte, his cousin.
Q....How long have you been there?
A....We spent the night at their house.
Q....After you spend the night in their house where did you go?
A....We proceeded to Bgy. Kumbis.
Q....Where did you go?
A....To the house of Auntie Zabeth.
Q....How is your father related to Auntie Zabeth?
A....The husband of Auntie Zabeth is the brother of my father.
Q....For how long have you stayed there?
A....Perhaps three weeks.
Q....And on that three weeks, did you recall any untoward incident that happened?
A....Yes, sir.
Q....What was that incident about?
A....In the house of Auntie Zabeth he would not like that I will stay beside Auntie Zabeth. He
would order me to stay beside him always.
Q....What other incident could you recall?
A....Whenever they would harvest banana stalks, he would bring me with him also.
Q....Where is that area?
A....Far from the house of Auntie Zabeth.
Q....Could you describe that area?
A....The place is a banana plantation with coconuts and other plants and there is no house.
Q....Upon reaching that area, what would your father do if any?
A....He would harvest banana stalks.
Q....Thereafter?
A....After a few harvested banana stalks he would request me to have sex intercourse with him
but I refused.
Q....When you refuse, what did your father do?
A....He boxed me on my abdomen and he got his bolo.
Q....What did he do next?
A....He held my hand as I was lying and took off my panty.
Q....After taking off your panty what he did he do?
A....He took off his short pants.
Q....And then?
A....He placed his penis on my sex organ.
Q....What would you feel if any once he inserted his penis to your vagina?
A....It was painful.
Q....What happened next?
A....I started to shout but there are no people around.
Q....And what happened next?
A....I stood up and put on back my pants.
Q....What would you do both after that?
A....He would continue to cut the banana stalks.
Q....Could you recall the period this incident took place?
A....In the month of April.
Q....You mean this happened only once in April 1996.
A....No, sir during the first week at Auntie Zabeth's place when we arrived.
x x x
Q ....Since you said that you lived at the house of your Auntie Zabeth for three weeks, where did
you go after three weeks?
A ....We transferred to the place of Mano Lando.
Q....How is he related to your father?
A....His father and the father of Mano Lando are brothers.
Q....For how long have you stayed at the house of Mano Lando?
A....Not long.
Q....Why? Where did you go?
A....We transferred to the place of my grandmother.
Q....Whats her name?
A....Leona but I do not know her surname.
Q....While there at the place of your grandmother do you recall of any untoward incident that
happened?
A....There was.
Q....What was it?
A....He would bring me to the mountain to gather firewood and then would rape me again.
Q....Where is that mountain? How far is that mountain to the place of Mano Lando and your
grandmother?
A....Not too far but it is a mountain.
Q....And can you recall when did you stay at the house of Mano Lando or your grandmother?
A....In May.
Q....Why? In June where did you go?
A....My father constructed a house near the house of my Lola so we transferred there.
Q....Who lived in the house your father had constructed
A....The two of us. Sometime Bayi would go there.
Q....Who is Bayi?
A....Our great grandmother.
Q....And while there living at your new house with your father do you recall of any untoward
incident that happened?
A....There was.
Q....What was it?
A....When Bayi is not around he would rape me.
Q....At what time would this rape incident would occur?
A....At early morning.
Q....How many times did this alleged raping incident occurred?
A....For several times.1[15]