Republic of the Philippines

Regional Trial Court of Negros Occidental

Sixth Judicial Region
Branch 54- Bacolod City
-oOoPEOPLE OF THE PHILIPPINES,
Complainant,
-versus TONY NESSIA
ANACLETO

Crim. Case No. ___________

(Rape)
and

MARIO

Accused,
X- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x
JUDICIAL AFFIDAVIT
OF
MARIO ANACLETO
The foregoing is the Judicial Affidavit of MARIO ANACLETO, of
legal age, Filipino, married and a resident of Bacolod City,
PRELIMINARY STATEMENT
The person examining is ATTY.GIOVANNI LADINES, with address
at PHHC, Bacolod City. The examination is being held in the same address.
The questions and answers given were all taken in the English language, a
language spoken and understood by the witness.
The above-named witness is answering the questions posed herein
fully conscious that he does so under oath and may face criminal liability for
false testimony and perjury.
DIRECT EXAMINATION PROPER:
1.
QUESTION:
Do you swear to tell the truth, the whole
truth and nothing but the truth in this investigation?
ANSWER: Yes Sir.
2.
QUESTION:
For the record, can you please state your
name and other personal circumstances?

ANSWER: My name is Mario Anacleto, of legal age, Filipino,

married and a resident of Bacolod City, a college graduate but a tricycle
driver by profession.
3.

QUESTION:

Do you know why you are here today?

ANSWER: Yes, to give my testimony for the defense, being one of

the Accused in this case.
4.
QUESTION:
Do you know the Private Complainant
Beverly Vidaurrazaga in this case?
ANSWER: Yes, he is my girlfriend of 5 years until today
5.

QUESTION:

When did you first meet her?

ANSWER: My family knows her family so I first met her when we

were still young. I cannot recall the exact date, however.
6.

QUESTION: How did your love story start?

ANSWER: Our love story started when I decided to court her last
March 2009.
7.

QUESTION:

Why did you court her?

ANSWER: I really liked her as a person. She possessed all the

qualities that I like in a girl.
8.

QUESTION:

How long was the courtship?

ANSWER: I courted her for only one week and she became my
girlfriend last March 2_, 2014.
9.

QUESTION:

Why was the courtship only for a week?

ANSWER: According to her, she was waiting for me to make a move

because I was his long time crush, a fact which I was not aware of until she
became my girlfriend.
10.

QUESTION:

How was your relationship?

ANSWER: Our relationship is not perfect just like any other.

Sometimes we argue about things. We have dealt with several issues in the
relationship that made us decide to quit for several times. However, because
of our love for each other, we would meet again and renew our commitment
to each other.
2

11.

QUESTION:

Do you have evidence of your relationship?

ANSWER: Yes, I have here 3 love letters from Private Complainant

Beverly Vidaurrazaga. They are dated March 23, 2010, February 14, 2012
and December 25, 2013. (Witness hands over the letters to Atty. Ladines)
12. QUESTION:
I am marking these love letters as Exhibits
_ to __, to form part of the evidence Accused Mario Anacleto. Will you
confirm my action?
ANSWER: Yes.
13. QUESTION:
relationship, if any?

Are

there

other

evidence

of

your

ANSWER: Yes, I have here pictures of us. (Witness hands over the
pictures to Atty. Ladines)
14. QUESTION:
I am marking these pictures as Exhibits _
to __, to form part of the evidence for Accused Mario Anacleto . Will you
confirm my action?
ANSWER: Yes.
15.

QUESTION:

Are both of you sexually active?

ANSWER: Yes. I and my girlfriend are sexually active.

16. QUESTION:
Are you aware of the incident involving
Private Complainant last March 2_, 2014?
ANSWER: Yes. I know that she was raped last March 2_, 2014.
17. QUESTION:
Where were you during the hours of
12:00MN to 4:00AM on that day?
ANSWER: I was with Beverly Vidaurrazaga. We boarded my tricycle
at about 9:00PM and went to a pre-nuptial party.
18.

QUESTION:

Why are you with her?

ANSWER: It is because she asked me to accompany her.

19.

QUESTION:

ANSWER: It
________________.

What was the event all about?

was

pre-nuptial

wedding

party

of

20.

QUESTION:

What happened during the event?

ANSWER: People were merry-making. I and my girlfriend joined the

drinking and dancing.
21.

QUESTION:

What happened next?

ANSWER: After drinking a few beers or at about 2:30AM, I asked

the other Accused, who happened to be my friend, Tony Nessia, to bring my
girlfriend Beverly Vidauarrazaga to the vacant space near the building where
the party was held.
22. QUESTION:
Why did you ask the Accused to bring with
him your girlfriend to the vacant lot near the building?
ANSWER: I did it because it was our anniversary and that I wanted
to surprise my girlfriend and have sex with her in the vacant space near the
building.
23.

QUESTION:

Why did you have to bring your friend?

ANSWER: This was part of the surprise. I would like my girlfriend to

think that she was abducted by a stranger (who happens to be the Accused
Tony Nessia) only to meet me in the field where we can do our thing. I also
asked Tony Nessia to be the look-out so that we will not be caught/seen by
other persons.
24.

QUESTION:

Did the surprise turn out as planned?

ANSWER: No, although the Accused was successful in bringing my

girlfriend to the portion of the field where I was waiting, I discovered that he
had other intentions.
25.

QUESTION:

What did the Accused Tony Nessia do?

ANSWER: I learned that she raped my girlfriend before bringing the

latter to me and raped her again after I and my girlfriend had sex.
26. QUESTION:
Did you learn that your girlfriend was raped
when she was first brought to you in the field?
ANSWER: No, when the Accused Tony Nessia first brought my
girlfriend to me, I only noticed that she was tulala or staring in point
blank. She never mentioned anything to me, making me think that she was
only at a loss of words due to the surprise. I and my girlfriend then had sex.
27.

QUESTION:

How did you know that she was raped?

4

ANSWER: While having sex with my girlfriend, the Accused went

near us from his designated place of look-out and boxed me in the head until
I was unconscious. He tied my hands and feet so that I cannot move. He also
rolled packing tape all over my head covering my mouth except my eyes.
When I regained consciousness, I saw with my bare eyes the Accused
Tony Nessia raping my girlfriend.
28.

QUESTION:

What did you do?

ANSWER: I was shocked to see Tony Nessia doing it to my

girlfriend. I was furious and angry but I cannot do anything. I cannot move
nor shout so I just closed my eyes.
29.

QUESTION:

What happened next?

ANSWER: After the rape, Accused Tony Nessia left my girlfriend

in the field. He then carried me to a warehouse and also left me there.
30. QUESTION:
what happened?

After you were brought to the warehouse,

ANSWER: At about 9:00AM, a certain man named Tomas Polvora

saw me and helped me. I told him the incident and asked him to accompany
me to the field where my girlfriend was raped. We immediately went there.
31.

QUESTION:

Did you see your girlfriend?

ANSWER: No.
32.

QUESTION:

What did you do?

ANSWER: I went to the police station to have the incident recorded

in a blotter report
33.

QUESTION:

ANSWER:
Ladines)

Do you have a copy of the Blotter Report?

Yes. (Witness hands over the Blotter Report to Atty.

34. QUESTION:
I am marking this blotter report as Exhibit
_, to form part of the evidence for the Defense. Will you confirm my
action?
ANSWER: Yes.
35.
incident?

QUESTION:

Did you see your girlfriend after the

ANSWER: Yes, I went to the home of my girlfriend the following

day and met her there.
36.

QUESTION:

What happened?

ANSWER: She was still tulala. I tried to talk to her but she would
not respond. I was full of remorse and apologized for what happened. I
promised to look for Tony and have him at the disposal of the police.
37.

QUESTION:

ANSWER:
arrested.
38.

Did you look for the Accused Tony Nessia?

Yes, I looked for him but I discovered last that he was

QUESTION:

Were you able to talk to your girlfriend?

ANSWER: Yes, after a week or last March 31, 2014, my girlfriend

opened up to me and told me everything about the incident. She told me that
she was drugged and brought to a secluded place opposite the building. She
was then raped by Accused Tony Nessia once before we had sex and raped
another time thereafter.
39.

QUESTION:

What happened next?

ANSWER: When I got home, I was surprised to see a subpoena

from the Prosecutors Office directing me to submit my Counter-Affidavit.
40. QUESTION:
investigation?

What

happened

in

the

preliminary

ANSWER: I submitted a Counter-Affidavit explaining that the

sexual act between me and the Plaintiff last March 2_, 2014 was consensual.
However, a Resolution was issued by the Asst. City Prosecutor
recommending the filing of an Information for Rape against me and Accused
Tony Nessia.
6

41.
to add?

QUESTION:

That will be all. Is there anything you want

ANSWER: I wish to reiterate that I love my girlfriend so much and

that what happened between us last March 2_, 2014 was not rape but an act
between 2 consenting adults.
IN TRUTH AND WITNESS WHEREOF, the witness have hereunto
affixed his hand this __________________at the City of Bacolod,
Philippines.
____________________________
MARIO ANACLETO
LTO ID No. F01-03-365588
Subscribed and sworn to before me, this __________________ at
Bacolod City, Philippines. Affiant personally appeared bearing competent
proof of identity.
Witness my hand and seal.
Doc. No._____;
Page No._____;
Book No._____;
Series of 2014.

ATTESTATION
I, GIOVANNI D. LADINES, of legal age, married, Filipino and a
resident of Bacolod City, as counsel for the Defendant in the above-entitled
case, hereby attest under oath the following:
1.
I faithfully recorded or caused to be recorded the questions I
asked and the corresponding answers that the witness gave;
2.
Neither I nor any other person then present or assisting coached
the witness regarding the answer given by the latter.
IN TRUTH AND WITNESS WHEREOF, I have hereunto affixed my
hand this _____________________ at Bacolod City, Philippines.

GIOVANNI LADINES
Roll No. 12375
Subscribed and sworn to before me this _________________ at the
City of Bacolod, Philippines.
Witness my hand and seal.
Doc. No.____; Book No.____;
Page No.____; Series of 2014.
Copy furnished:
ATTY. JOSEPHINE FERRER
________________________
________________________
RR No. ________
Date:
ASST. CITY PROS. EDDA OPENA
________________________
________________________
RR No. ________
Date:
ATTY. YURI JARDER
________________________
________________________
RR No. ________
Date:

EXPLANATION
(Kindly disregard if served and/or filed personally)
Service and filing of the foregoing Judicial Affidavit were made by
LBC only due to time constraints, distance and lack of office personnel to
effect personal service and filing.
GIOVANNI D. LADINES