REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
MANILA CITY, BRANCH 10

PEOPLE OF THE PHILIPPINES,

Plaintiff,
-versus- Crim. Case No. 12-345
For: Direct Assault

ROCEL RIVERA,
Accused,
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JUDICIAL AFFIDAVIT OF
ROCEL RIVERA
I, ROCEL RIVERA, of legal age, Filipino with address at 1689 Barangay
Maawain, Tondo, Manila after having been duly sworn in accordance with the law,
willingly and voluntarily states the following:

Preliminary Statement

The person examining me is Atty. Dorevie Suaybaguio with law office address at
8th Floor Pacific Star Building, Sen. Gil Puyat Avenue corner Makati Avenue, Makati. I
am giving my answers fully conscious that I do so under oath and I am aware that I may
face criminal liability for false testimony or perjury for false statements made or given by
me.

The following are the questions propounded by Atty. Suaybaguio and my answers
in English language:

Q1: Do you know the herein complainant Angeline Rodriguez?

A1: Yes. She is a councilwoman at our barangay.

Q2: Why do you know her?

A2: She lives in the same barangay as I am. We were also involved in an unfortunate
encounter last September 23, 2017, during the celebration of my brother’s wedding.

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Q3: What transpired on such date, September 23, 2017?
A3: We were celebrating my brother's wedding, Sir. There were drinks and videoke. We
were almost done singing when, at around 11:00PM, the complainant approached us. I
noticed that she is also intoxicated at that time.

Q4: You said you noticed that she was intoxicated. How can you say so?
A4: I can smell liquor from him and she has this blood-shot eyes. I am also certain of this
because I saw her with her friends drinking and singing in front of the chapel on the same
evening at around 9:00 P.M.

Q5: How did you see the complainant drinking with his friends,
A5: Because the chapel is just two house away from our house

Q6: Going back when she approached you. What transpired after that?
A6: She told us, Sir that we are noisy and we should turn off our karaoke.

Q7: And then, what happened, if any?

A7: I asked her that, since we’re on our last three songs I respectfully asked her to allow
us to finish the remaining songs.

Q8: Did she let you finish?

A8: No, Sir.

Q9: Why do you think so?

A9: Because, he said that our videoke is louder than their sounds and they do not want
to hear our visitor’s singing because they’re not from our barangay.

Q10: And then what happened after?

A10: She told us that she is a duly-elected public servant and she is only doing her job as
a Kagawad and that is to enforce the law.

Q11: After she said this to you, did you have any response?
A11: I asked her that, since she is only enforcing the law, why don’t she initiate the same
by ordering her friends to also turn-off their videoke in front of the chapel for the sake of
fairness

Q12: And then, what happened next?

A12: I remember him shouting, “DI BA IKAW NAKAISIP, E DI IKAW NA ANG
SUMAWAY!”

Q13: What was your response, if any?

A13: I said in reply, “BAKIT PO AKO ANG SASAWAY? KAYO PO ANG KONSEHAL

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Q14: After you said that, what was her reaction?
A14: She got really mad and spanked me on the left side of my face, but I was able to
parry the blow with my left hand.

Q15: You parried the hand, and then?

A15: I punched her on the left side of her face as a means of defending myself.

Q16: So, at this point, Ms. Rivera, you are claiming that your act of hitting the complainant
was only for the purpose of defending yourself?
A16: Yes, Sir. It was an impulse decision and it happened so fast, but I know I had to
prevent harm which she may inflict upon me.

Q17: What happened after you punched her, if any?

A17: She fell down to the ground. I came to my senses and tried to help her but the
complainant’s friends came and pushed me away from her.

Q18: After you were pushed away from her, what happened next, if any?
A18: I went to the barangay accompanied by my brother and my friends to report the
incident to the barangay officials, for which they prepared an incident report.

Q19: During the said incident, who were the other persons present at the scene who may
have witnessed the incident?
A19: My relatives, guests, the complainant’s friends, and some concerned neighbors.

Q20: So it really did create a scene for everyone to witnessed the incident.
A20: Ah, yes. Also Sir, there was a CCTV in the area where the incident happened, which
if presented could present the exact happening on that night.

Q21: We’re you able to obtain such CCTV footage?

A21: No. The barangay refused for some reason to show us the footage of the incident.

Q22: Is there any other way we can obtain a copy of the CCTV footage, if any?
A22: Not anymore, Sir. The barangay told us that the CCTV footages are automatically
deleted by their database every after two weeks. We did our best during such time before
the auto-deletion to obtain a copy thereof.

Q23: What are these efforts you did?

A23: Aside from my individual acts of requesting the said copy, my counsel and I came
to the barangay for the same purpose but was refused by reason that the barangay must
receive a subpoena for the release thereof. We made a “Kasulatan” with them which
states that we came too their office to obtain the footage but was refused because we must
first obtain a subpoena.

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Q24: Are we pertaining to this document, entitled “Kasulatan” dated October 1, 2017?
A24: Yes, Sir.

Q25: Is there anything else you want to add?

A25: No more, Sir.

In witness whereof, I hereunto set my hand this 12th day of July 2018 in Manila
City, Philippines.

ROCEL RIVERA
Affiant

SUBSCRIBED AND SWORN TO before me this 12th day of July 2018 in Manila
City, Philippines.

ATTY. DOREVIE SUAYBAGUIO

Counsel for the defendant
PTR No: 9843867, Manila City 1/27/12
IBP OR No. 573736, Manila City 1/27/12
Roll of Attorney No: 8743879
MCLE Compliance No. VI-87436 5/6/17

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 ATTESTATION OF LEGAL COUNSEL

I, DOREVIE SUAYBAGUIO, Counsel for the Defendant, after having been sworn
to in accordance with the law do hereby depose and state that:

1. I have faithfully recorded or caused or caused to be recorded the questions I

asked and the corresponding answers that defendant, Rocel Rivera, gave;

2. I have not, nor any other person present or assisting coached the defendant
regarding her answers; and

3. I fully understand that any false attestation shall subject me to disciplinary

action, including disbarment.

In witness whereof I have hereunto set my hands on this 12th day of July 2018 at
Manila City, Philippines.

DOREVIE SUAYBAGUIO
Affiant

SUBSCRIBED AND SWORN to before me this July 21, 2018 in the Manila City
affiant exhibit to me his IBP ID No. 573736 as competent evidence of his identity.

ADMINISTERING OFFICER

Copy furnished:

ATTY. JUAN DELA CRUZ

Counsel for the Complainant
Public Attorney’s Office
Manila City, Philippines