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Republic of the Philippines)

CITY OF TACLOBAN ) S.S.

JUDICIAL AFFIDAVIT
I, MARIA JOSEFINA CRUZ, 25 years old, born on December 11,
1993, single, employed as Management Trainee at Gaisano Capital,
after having been duly sworn to in accordance with law, hereby depose
and state:

PRELIMINARY STATEMENT

That in accordance with A.M. No. 12-8-8-SC, which prescribes


the use of judicial affidavits to serve as the direct examination
testimony of the witness, on the basis of which the adverse party may
conduct their cross-examination on such a witness, I hereby execute
this judicial affidavit in a question and answer format;

That conformably with section 3 (b) of the said A.M. No. 12-8-
8SC, I also state that it was PO3 Ismael Salvador, investigator of V&G
Subd. Police Station who conducted the examination of the
undersigned affiant;

That conformably also with section 3 (c) thereof, I hereby state


under the pain of perjury that in answering the questions asked of me,
as appearing herein below, I am fully conscious that I did so under
oath, and that I may face criminal liabilities for false testimony or
perjury;

PURPOSE(S) OF THE AFFIDAVIT

1. To establish probable cause for the filing of an information


for Violation of the crime of Rape under Article (Art.) 266-A
of the Revised Penal Code (RPC) against Teofisto “Toto”
Alcon;

2. To serve as my direct testimony and to prove the material


allegations in my complaint; and

3. To prove other relevant matters.


AND UNDER OATH, AVERS THE FOLLOWING:
1. Please state your name and your personal circumstances.

A: I am Ma. Josefina Cruz, 25, Single, and Employed


2. What are your reasons for coming to this office?

A: I would like to file a complaint for rape against Teofisto R. Alcon


a.k.a Toto.
3. When did this said incident happen?

A: On December 10, 2018, 11pm.


4. Where is your apartment located?

A: Brgy. 95 Caibaan, Tacloban City, Leyte.


5. How long have you been living to that apartment?
A: Eight years sir. Since I was in college.
6. Are you living alone?
A: No sir, I am with my parents.
7. Can you tell us how the incident started?

A: On December 10, 2018, around 11 o’clock in the evening, I


came home from a party. When I arrived at my apartment, the
moment I opened the door, a man who I immediately recognized
as my neighbor Teofisto “Toto” pushed me inside my apartment
unit, which caused me to fall to the floor.
8. Did you notice that Toto was nearby or around your apartment
when you got home?

A: I did not notice him at all. It was dark in the narrow ally going to
my apartment, as it was not well lit.
9. Going back to the incident, what happened after you fell?

A: I managed to stand up. I tried to run, however he (Toto)


managed to grab my desk lamp and threw it at me, which resulted
to me falling to the floor again. While I was on the floor, he told me
“Ayaw na gad pag dalagan iday kay diri ka makakadalagan ha
akon (Don’t try to run because you cannot outrun me.).” He then
grabbed me by my right arm and dragged me to the room nearest
to the main door. I tried to call for help but he threatened me with a
knife and said “Sige, guliat kay bubun-on ko ikaw (Go, try to
scream I will stab you.).” His smell reeked of alcohol, so I assumed
he was intoxicated. He then restrained me.
10. How did he restrain you?

A: He tied my hands together. He seemed to have readied the


rope beforehand. Then he forced a face-towel into my mouth. I
tried to fight back while he was tying my hands together, however I
had no energy to fight him back.
11. Why would you say you had no energy to fight back?

A: Because of the desk lamp he threw at me. It hit me at the back


of my head, near the neck area. I felt dizzy and so much pain
which drained out all my energy.
12. While you were restrained, what did he do to you?

A: He pushed me on top of the bed inside the room. Afterwards,


he used one hand to lift my tied arms above my head and held it
down so I could not fight or push him back. He continued to kiss
my neck. His other hand lifted my dress, rubbed my breasts in a
sexual manner, and ripped off my underwear. He then took of his
shorts and brief, inserted his penis into my vagina and made
pumping motions until he ejaculated.
13. What did he do after?
A: After satisfying his lust, he put his left hand around my neck,
while showing me a knife with a blade of about 6 inches long, and
said “Mag sukmat ka la, papatayon ko ikaw. Sunod ng ani kumadi
ako, ayaw na pag palag ha?! (If you tell anyone I will kill you. Next
time I come here, don’t fight back anymore.)” He then left through
the main door laughing.
14. What did you do after he left?

A: I just laid in the bed. I felt very weak, exhausted, and even
lifeless. My face bared no emotions. I cried so hard while he was
raping me, it felt like I had no more tears to cry when he left. After
a few minutes, I managed to grab my cellphone and called my
mother, who was in Sta. Rita, Samar at the time attending a
funeral. I told her everything that happened. An Affidavit executed
by my mother to attest that I called her and told her everything that
happened is hereto attached as Annex “A”.
15. What happened next?
A: After an hour, my parents arrived home and we immediately
went to the Police Station to report the incident. A copy of the
police report signed by PO1 was issued and hereto attached as
Annex “B”. Afterwards, my parents accompanied me to RTR
Hospital Emergency Room to be examined. A medico legal report
signed by the Attending Physician was issued. A copy of the said
report is hereto attached as Annex “C” & made an integral part
hereof.
16. Do you personally know Toto prior to the incident?

A: No, I did not know him personally prior to the incident. I only
knew that he was from Caibaan because there are times when we
happen to ride the same multicab from Caibaan to Downtown
Tacloban.
17. Since you didn’t know him prior to the incident, how did
you recognize him?

A: There was a time when he tried to have a conversation with me


while we were waiting for a multicab. He introduced himself as
“Toto,” however I did not mind him because I had no interest in
him because he was a stranger. Ever since then, he would always
say hi or smile every time our paths crossed. That’s why I easily
recognized him.

---------END OF STATEMENT---------

AFFIANT’S OATH AND ATTESTATION

I, MARIA JOSEFINA CRUZ, Filipino, of legal capacity and


competence to comprehend without any vice of consent, hereby
attest to have voluntarily and truthfully made the answers to the
foregoing questions.

IN WITNESS WHEREOF, I have hereunto affixed my signature this


_______________, in Tacloban City, Philippines.

ATTESTATION

I, PO3 Ismael Salvador, investigator of V&G Subd. Police Station,


Tacloban City, on my oath as the Investigator-on-Case (IOC), hereby
depose and states: That I have personally conducted the foregoing
examination to the witness-affiant Maria Josefina Cruz at V&G Subd
Police Station, Tacloban City. That I have faithfully recorded and
translated into English language the questions asked of him/her and
the corresponding answers that she gave in response to the
questions asked; Neither I nor any other person/s coached this
witness-affiant regarding the answers given by her.

IN WITNESS WHEREOF, I hereunto set my hand below this ____


day of December, 2018 at Tacloban City, Leyte.

PO3 Ismael Salvador


Investigator

SUBSCRIBED AND SWORN to before me this _____ day of


December, 2018 at Tacloban City, Leyte. Further, I certify that I
personally examined the herein affiant that he voluntarily executed
and fully understood his statements.

PCI Rudy Banguardia


Officer In-charge
Administering Officer Commented [AM1]:
Commented [AM2R1]: