Republic of the Philippines

REGIONAL TRIAL COURT

FIRST JUDICIAL REGION
Baguio City
Branch IV

THE PEOPLE OF THE PHILIPPINES,

Plaintiff,
Crim. Case No. 00001
- versus - Parricide

JUAN DELA CRUZ

Accused.
x-------------------------------------------------x

JUDICIAL AFFIDAVIT
OF JUAN DELA CRUZ

I, JUAN DELA CRUZ, of legal age, married, Filipino, and a

resident of No. 1, Bonifacio Street, Baguio City, Benguet
Cordillera Administrative Region 2600 after having been duly
sworn in accordance with law, hereby depose and state:

PRELIMINARY STATEMENT

The person examining me is ATTY. ANTON JOHN

VINCENT M. FRIAS. His office address is at Frias and
Associates Law Office, 2/F Our Lady of Lourdes Building,
Harrison-Claudio Carantes, Baguio, Benguet, CAR. The
examination was held at said office. I am answering his questions
fully conscious that I do so under oath, and that I may face
criminal liability for false testimony or perjury.
 OFFER OF TESTIMONY

The testimony of JUAN DELA CRUZ is being offered to

prove that he is the accused in Criminal Case No. 00001, for
Parricide, entitled: People of the Philippines vs. Juan Dela Cruz ,
now pending before the Regional Trial Court, Branch 4, Baguio
City; that the deceased in the said case is his legal spouse; that
the circumstances attending the commission of the crime
committed by the accused falls under exceptional circumstances
as defined by Article 247 of the Revised Penal Code; that he will
likewise identify documents which are deemed relevant to the
case at hand and to attest that these documents are authentic
and duly executed.

QUESTIONS AND ANSWERS

1. QUESTION (Q):
Sir, could you please state your name, citizenship, age, civil
status and other personal circumstances?

ANSWER (A):
I am JUAN DELA CRUZ, Filipino, of legal age, married, and
a resident of No. 1, Bonifacio Street, Baguio City, and a bus
driver of Dangwa Bus Corporation, at Dangwa Terminal,
Baguio City.

2. Q: Are you the same Juan Dela Cruz, accused in this

case?
A: Yes, Sir.

3. Q: Do you personally know a certain Maria Clara, the

victim in this case?
A: Yes, Sir.

4. Q: Why do you personally know Maria Clara?

A: She is my wife, Sir, and she works as a waitress at
Monroe Bar, Baguio City.

2
5. Q: You said earlier that Maria Clara is your wife, how can
you prove this?
A: Sir, Clara and I were married on July 11, 2000 and this
can be seen on our Marriage Certificate.

6. Q: I have here a Marriage Certificate, is this the same

Marriage Certificate that you mentioned?
A: Yes, Sir.

MANIFESTATION: The said Marriage Certificate of Juan

Dela Cruz and Maria Clara were previously marked as
Exhibit A.

7. Q: Can you recall where you were at around 6 oclock in

the evening on October 1, 2015?
A: At around that time, Sir, I have just finished my trip
from Vigan and was changing to casual clothes.

8. Q: What happened after that?

A: I decided to immediately go home and rest because I
was feeling so tired from the five hour trip.

9. Q: When you reached your home? What happened next?

A: As soon as I unlocked the main door, I heard voices
coming from our room on the first floor, Sir, so I dashed
towards there. I was even surprised that the door was not
locked which is unusual.

10. Q: Upon opening the door, what happened next?

A: I saw first my wife Clara. She was bare naked. Then
there was a man behind her. They were having sex.

11. Q: You said that you saw your wife Clara first, bare
naked. Then there was a man behind her. And they were
having sex. How sure are you of this?
A: They were actually both naked, Sir. And I arrived
there while Clara was moaning loudly while they were doing
dog-style.

3
12. Q: After that, what happened next?
A: My body felt hot. I went so angry, Sir. I was even
shaking. I did not know what to do. Suddenly, I did not know
that I was holding a lamp shade already. That was on the
table near the door, Sir. I rushed towards them and hit my
wife in the head. Then the lamp shade fell from my hand and
saw Clara before me unconscious.

13. Q: You said you hit your wife in the head? How did
you do that?
A: What I recall, Sir, is that I rushed to the foot of the
bed. I pushed the man away from Clara. Then I smashed her
with the lamp shade. It all happened so fast. I was so
heated with anger, Sir.

14. Q: Can you describe to me the object that you used

to hit your wife in the head?
A: It was a concrete lamp shade with glass coating the
whole shade, Sir. Most of it was made of glass. But its foot
was made of concrete stone.

15. Q: How about the man that your wife was having sex
with, where was he when all these happened?
A: After I came rushing towards them, Sir, and pushed
him away, he immediately went out of the room and took his
clothes.

16. Q: After that, what happened next?

A: After I saw the lamp shade before me broken, I saw
him jumping out of the window. I thought of going after him.
However, I noticed the white bed turning red. I turned my
sight to Clara. There was blood already was oozing from her
head. From then on, I seemed to have become conscious
again. And I started to panic.

17. Q: What did you do when you had that realization?

A: I left the house at once. I shouted along the road. I
was calling for help and for anyone in the neighbourhood.

4
 Some of the men eating at a store nearby came to my aid
and we brought Clara to the Pines General Hospital.

18. Q: What happened when you were at the hospital?

A: My wife was declared dead on arrival, Sir.

19. Q: What did you do upon learning that your wife was
already dead?
A: While she was at morgue, Sir. I asked my father to
accompany me. I told him that we would go to the Police
Station to report the incident.

20. Q: Were you aware of the consequences of doing

so?
A: Yes, Sir. I voluntarily went there because I know that
I killed my wife. Even if it was all an accident, I regret it. I
regret it very much, Sir. I love Clara so much.

21. Q: You said that you regret killing Clara, Mr. Cruz
and love her so much, can you tell me then the reason that
you had in doing so?
A: I really do not know. It was all so blurry. My memory
about that time. All I know is that I was so angry. Seeing my
wife on bed with another man, I just felt so betrayed! And
worst of all, it even happened in our own room, where we go
to sleep at night after the days work.

22. Q: Now, Mr. Juan Dela Cruz, will you please tell me
about the man who was having sex with your wife?
A: He was tall, Sir. I think he is much younger than me;
he may be at around his late 30s. But he is smaller in
stature than me.

23. Q: Did you recognize him?

A: No, Sir. That was our first encounter.

24. Q: Now the relationship that you had with your wife,
did you have an idea whether she had an affair with another
man?

5
 A: At first, no, Sir. But she was always coming home late
for the past three months before the incident. Three
months is unusual. She would usually tell me also where she
were or where she would go to. But for those three months,
she did not. So I began having negative thoughts for the
second month. I often thought that she might be having an
affair.

25. Q: What did you do then?

A: Nothing. I trusted Clara, Sir. More so, I did not have
any proof. So I kept it all to myself for those three months
and continued trusting her. I acted as if there had been no
problem at all. I was also afraid Sir. I was afraid that if I
asked her about my thoughts, our marriage may be
affected. Or that she would deny the same.

26. Q: Is there anything more that you want to say?

A: Nothing more, Sir.

27. Q: Will you voluntarily sign your Judicial Affidavit?

A: Of course, Sir.

IN WITNESS WHEREOF, I hereby affix my signature over

my printed name this 6th day of December 2015 at my office, 2/F
Our Lady of Lourdes Building, Harrison-Claudio Carantes, Baguio,
Benguet, CAR Philippines.

JUAN DELA CRUZ

Affiant

SUBSCRIBED AND SWORN to before me this 6th day of

December 2015 in Baguio City, Philippines. Affiant voluntarily
signed the foregoing JUDICIAL AFFIDAVIT in my presence and
avows under penalty of law to the whole truth of the contents of
the same.

ANTON JOHN VINCENT M. FRIAS

Doc. No. _____; Notary Public for and in the City of Baguio
Until December 31, 2015
Page No. _____;
2/F Our Lady of Lourdes Building, Harrison-Claudio Carantes
Book No. _____; Baguio City, CAR, Philippines

6
Series of 2015. PTR No. 8106174, 06-18-2015, Baguio
Roll No. 63917, 06-18-2008

ATTESTATION

I, ATTY. ANTON JOHN VINCENT M. FRIAS, of legal age,

Filipino, with office address at 2/F Our Lady of Lourdes Building,
Harrison-Claudio Carantes, Baguio, Benguet, CAR Philippines,
hereby attest that:

1. I conducted the examination of affiant at 2/F Our Lady of

Lourdes Building, Harrison-Claudio Carantes, Baguio, Benguet,
CAR Philippines;
2. I also apprised affiant to consciously and honestly answer
the questions as he is under oath, for he may face criminal
liability for false testimony or perjury;
3. I faithfully recorded the questions asked and the
corresponding answers that affiant gave; and
4. During the examination, neither I nor any other person
present coached the affiant regarding his answers.

ANTON JOHN VINCENT M. FRIAS

63917, 06-18-2008

SUBSCRIBED AND SWORN to before me this 6th day of

December 2015, in the City of Baguio, Philippines. Affiant is
personally known to me and he avowed under penalty of law to the
truth of the foregoing attestation.

DANIEL D. MANGALLAY
Doc. No. _____; Notary Public for and in the City of Baguio
Until December 31, 2016
Page No. _____;
Mankayan, Benguet
Book No. _____; N.A. No. 42-NC-15-R
Series of 2015. PTR No. 2016234, 01-08-2015, Baguio
Roll No. 40199, 05-03-2005

Copy Furnished:

ATTY. CZARINA ROSE S. GOROSPE

Private Prosecutor (in Crim. Case No. 614032, RTC-4)
Rm. 207, Golden Court Building,

7
Bonifacio, Baguio City