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1 CRIM. CASE No.

C-45456-14
Judicial Affidavit

Republic of the Philippines


REGIONAL TRIAL COURT
Fourth Judicial Region
Branch 15
Tagaytay City, Province of Cavite
CRIM. CASE No. C-45456-14
FOR: HOMICIDE
PEOPLE OF THE PHILIPPINES
Plaintiff,
-versusREUBEN RAYOS Y PITT
Accused.
x-----------------------------------/
JUDICIAL AFFIDAVIT
OF MRS. GRACE POE-LAMANZARES
PRELIMINARY STATEMENT
I, GRACE POE-LAMANZARES, 56 years old, married, residing at Purok 3,
Brgy. Lituan, Tagaytay City, after having been sworn to in accordance with the
law do hereby depose and state:
That Atty. FERDINAND V. AQUINO is the counsel who conducted and
supervise my examination as a witness at Azures Bldg., Unit 1, Brgy. Libertad,
Tagaytay City, Province of Cavite;
That I am answering the question herein fully conscious that I do so
under oath and that I may be criminally liable for false testimony or perjury;

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Judicial Affidavit

PURPOSE
The purpose of this Judicial Affidavit is to prove; a. unlawful aggression
on the part of Junie Jung, b. reasonable necessity of the means employed to
prevent or repel the unlawful aggression by Junie Jung against the person of
Reuben Rayos and Jejomar Binay, and c. lack of sufficient provocation on the
part of Reuben Rayos in defending himself and Jejomar Binay.
The following are the question propounded by Atty. Ferdinand V.
Aquino, and my answers in the English language:
Q1: Do you swear to tell the truth and nothing but the whole truth?
A1: Yes, Sir.
Q2: Do you personally know the accused, Mr. Reuben Rayos, in this
Criminal Case pending before the RTC of Tagaytay?
A2: Yes, Sir.
Q3: Can you tell how you personally know Mr. Reuben Rayos?
A3: We live in the same neighborhood, Sir. I knew him since he was a
young boy. His family is from Samar. He just lives a few meters away
from our residence. He never left Brgy. Lituan since his family moved
there.
Q4: How about the victim, Mr. Junie Jung, do you personally know him?
A4: Yes, Sir.
Q5: Can you tell how you personally know Mr. Junie Jung?
A5: We are neighbors. Just like Mr. Rayos, his residence is just a few
meters away from where I live, Mr. Jungs father is a Swiss national. The
said father left Junie and his mother when Junie was just three (3) years

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Judicial Affidavit
old. But according to Junie, his father continued supporting him and his
mother. Also, Junie, compared to his other friends, lived a much
comfortable life since his father supports him and his mother. I saw
Junie as a kid, a young lad, until his unfortunate death. He and his
mother never left Lituan.
Q6: How about Mr. Jejomar Binay? Do you know him too?
A6: Yes, Sir.
Q7: Can you tell how you personally know Mr. Jejomar Binay?
A7: Jejomar also lives in Lituan, Tagaytay. He lives near our house and
the National Highway. I have known him to be friends with both Reuben
and Junie. They all went to the same Elementary school, though during
High school, the three of them parted ways. Reuben stayed stayed in a
Public National High School while Junie and Jejomar were admitted to
the same private High School. But they remained friends.
Q8: So at least, you know them to be friends?
A8: Yes, Sir.
Q9: Were there instances where you noticed any altercation or dispute
between any, or among the three of them in the past?
A9: None, Sir. None that I can recall of.
Q10: Are you the owner/proprietor of Aling Graces Sari-sari Store
located at Kalye Segundina, Brgy. Lituan, Tagaytay City?
A10: Yes, Sir.
Q11: Where were you at around 10:00 oclock in the evening on July 5,
2014?0
A11: I was tending to my Sari-sari Store, Sir.

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Judicial Affidavit
Q12: Do you recall Mr. Jung and Mr. Binay to be at the store on that
date?
A12: Yes, Sir. They arrived at around 9:00 oclock in the evening of that
date, Sir.
Q13: Do you remember what they were doing during that time on that
date?
A13: Yes, Sir.
Q14: Can you tell what they were doing that time on that date?
A14: They were having a drinking spree. They borrowed a cup and a
table from my store.
Q15: What happened next?
A15: After consuming all the beer they ordered, they ordered some
more and continued with their drinking spree.
Q16: Do Mr. Jung and Mr. Binay always come to your store to have
drinking sessions?
A16: Mr. Jung always drinks at my store but as for Mr. Binay, only
seldom. This year, I only remember him come to my store three (3)
times. The last one was on that night of July 5, 2014.
Q17: How about Mr. Jung? How often does he visit your store to drink
alcoholic beverage?
A17: About 5 to 6 times a week, Sir.
Q18: Going back as to what transpired on July 5, 2014, do you
remember Mr. Reuben Rayos coming to your store?
A18: Yes, Sir.
Q19: At what particular time did Mr. Rayos come and stop by?

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A19: At around 10:45 oclock in the evening, Sir.
Q20: Why did Mr. Rayos stop at your store?
A20: Mr. Jung called him. Reuben was passing by Kalye Segundina,
when Mr. Jung and Mr. Binay saw him. Mr. Jung called him to stop by
and join them in their drinking spree.
Q21: Did Mr. Rayos come to them?
A21: Yes, Sir.
Q22: What happened next?
A22: Mr. Jung ordered two more bottles of 1-liter beer and some
pulutan.
Q23: After that , what happened next?
A23: They continued drinking, Sir, now with Mr. Rayos.
Q24: Can you tell what happened next?
A24: Mr. Jung and Mr. Binay were having an alterction. They started
pushing each other.
Q25: What happened afterwards?
A25: They were beginning to become more violent towards each other.
Mr. Jung and Mr. Binay were shouting at each other. Later on, Mr. Rayos
stood to get between their dispute. He uttered Tama na Jun,
nagkakasakitan na kayo eh (Jun, thats enough. You are hurting each
other.).
Q26: How did Mr. Jung respond to Mr. Rayos?
A26: Junie uttered something, Sir. I cannot remember the exact words
but Junie told Reuben not to intervene with him and Jejomar.
Q27: Can you remember what happened next?

CRIM. CASE No. C-45456-14


Judicial Affidavit
A27: Junie and Jejomar were pushing each other. When Reuben
intervened, he too was pushed by Junie.
Q28: What happened to Mr. Rayos?
A28: He fell to the ground.
Q29: What happened next?
A29: I picked up the phone, Sir, and dialed for the Local Police Station.
Q30: What happened next?
A30: While dialing, Sir, I was also looking at what was happening
outside my store.
Q31: What did you observe when you looked outside of your store?
A31: I saw Junie on top of Reuben already. It appeared that they were
fighting or wrestling over something, though I could not determine
what it was.
Q32: May I direct your attention on your statement that you dialed the
number of the Local Police Station. At the time you were looking
outside your store, were you still trying to connect with the Local Police
Station?
A32: Yes, Sir.
Q33: Were you able to connect with the Local Police Station?
A33: Yes, Sir.
Q34: Were you able to converse with any of the police officers of the
Local Police Station?
A34: Yes, Sir. I heard the voice of the police officer uttering some words.
I composed myself and started to explain what was happening.

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Judicial Affidavit
Q35: What happened next?
A35: The Police Officer asked me to explain the situation. After the
Police Officer recorded all the details, I put down the phone.
Q36: What happened then?
A36: I was Junie at the far right outside my store, around 6 to 7 meters
away from my store.

Q37: Can you describe Mr. Jungs position and condition?


A37: He was lying flat, facing up. He appeared to be unconscious
though I can see blood was gushing out from his mouth.
Q38: How about Mr. Rayos? Where was Mr. Rayos that time?
A38: Reuben was crawling towards the direction where Jejomar was
lying.
Q39: Speaking of Mr. Jejomar Binay, what was his condition?
A39: Jejomar appeared to be unconscious too. I also notice that Jejomar
was bleeding from his abdomen and right arm.
Q40: Can you tell what happened next?
A40: At first, I remained inside the store because I was shocked by what
I had witnessed. I was crying too. But later on, whe I noticed that
Reuben was not armed or did not appear enraged, I composed myself,
went out, and checked on the three of them.
Q41: Can you tell what did you notice?
A41: I saw blood all over the place, Sir. Jejomar was haltingly breathing
and unconscious while Reuben was sitting beside Jejomar. I could not
see Reubens face since it was a bit dark and he was looking down. I

CRIM. CASE No. C-45456-14


Judicial Affidavit
asked Reuben if he is okay, to which he did not respond. I checked
Jejomar as well, but he too, did not respond.
Q42: What happened next?
A42: The Barangay tanods of Lituan came and took custody of Reuben.
Later on, an ambulance arrived and responded to both Junie and
Jejomar. After that, Reuben was finally placed inside the Barangays
Emergency Response Vehicle. A few more minutes, the said vehicle left.
The affiant further sayeth naught.
IN WITNESS WHEREOF, I have hereunto set my hand this 29 th day of
October 2014 at Tagaytay City.

GRACE POE-LAMANZARES
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a Notary Public in and


for Tagaytay City/Cavite Province this 29 th day of September 2014. Affiant
came and appeared with SSS ID NO. 6888789 issued on April 15, 2014 at
Tagaytay City bearing her photograph and signature, known to me as the
same person who personally signed the foregoing instrument before me and
avowed under penalty of law to the whole truth of the contents of the said
instrument.

ATTY. FERDINAND V. AQUINO


Notary Public for Tagaytay City/Cavite
Province

9 CRIM. CASE No. C-45456-14


Judicial Affidavit
Azures Bldg., Unit 1, Brgy. Libertad,
Tagaytay City
Commission Serial No. 4040316 until
December 31, 2015
Attorneys Roll No. 2018188
IBP No. 12345-01/14/14 Tagaytay City
PTR No. 687903-01/14/14 Tagaytay
City
MCLE Compliance No. C-0000787 Oct.
21, 2014

Doc No.

769

Page No.

71

Book No.

11

Series of 2014

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