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Judicial Affidavit of Witness Stars

1) Sailor M. Stars testifies that she overheard the accused, Juan B. Dela Cruz, make threats against the victim, Miguel, on multiple occasions. This includes threats made at an awards night and after-party where Miguel received several awards. 2) Stars states that the relationship between the accused and victim had soured due to the accused being jealous of the victim's success in receiving awards. 3) On the night of the murder, Stars last saw the accused at the after-party, and noticed him missing around 2am, implying he left to carry out his threats against the victim.

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0% found this document useful (0 votes)
230 views6 pages

Judicial Affidavit of Witness Stars

1) Sailor M. Stars testifies that she overheard the accused, Juan B. Dela Cruz, make threats against the victim, Miguel, on multiple occasions. This includes threats made at an awards night and after-party where Miguel received several awards. 2) Stars states that the relationship between the accused and victim had soured due to the accused being jealous of the victim's success in receiving awards. 3) On the night of the murder, Stars last saw the accused at the after-party, and noticed him missing around 2am, implying he left to carry out his threats against the victim.

Uploaded by

loury
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
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  • Judicial Affidavit
  • Question and Answer Examination
  • Attestation of Counsel
  • Notarization

lOMoARcPSD|7577991

Republic of the Philippines


REGIONAL TRIAL COURT
Sixth Judicial Region
Branch 29
Iloilo City

People of the Philippines


CRIMINAL CASE NO. 2020-0001
-- versus --
F O R:
JUAN B. DELA CRUZ,
Accused. MURDER
x-----------------------------------------------x

JUDICIAL AFFIDAVIT

Witness:
SAILOR M. STARS, of legal age, Filipino, and resident of Westwoods
Subdivision, Dungon, Iloilo.

Examining Lawyer:
RARA LALA
Assistant Prosecutor I
Office of the City Prosecutor

Place of Examination:
Office of the City Prosecutor
3rd Floor, Ramon q. Avanceña Hall of Justice
Bonifacio Drive, Iloilo City

Formal Offer: Your honor, we are offering the testimony of the witness, SAILOR
M. STARS, to prove that:

1. The fact that she and the accused was at the MO2 Bar on the early morning
of October 18, 2020;
2. The fact that she personally heard the accused of his plot to kill the victim
during the Actor’s Award Night at the Iloilo Convention Center;
3. The fact that she personally heard the accused of his plot to kill the victim
while at the MO2 Bar on the early morning of October 18, 2020;

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lOMoARcPSD|7577991

4. The fact that she personally heard the accused of his consistent negative side
comments whenever the name of the victim was mentioned;

I, SAILOR M. STARS, of legal age, Filipino, married, and a resident of


Westwoods Subdivision, Dungon, Iloilo, after having been duly sworn to in
accordance with law, hereby states that:

I am answering the questions propounded by the counsel, Ralf Sumaculub,


of Office of the City Prosecutor fully conscious, that I am under oath, and that I
may face criminal liability for false testimony or perjury;

This Judicial Affidavit is written in English, a language known and


understood by me, and the examination and execution thereof were done at the
Office of the City Prosecutor, 3rd Floor, Ramon Avanceña Hall of Justice,
Bonifacio Drive, Iloilo City; and

This Judicial Affidavit shall serve as my direct testimony in this case.

1. Q: Please state your name and other personal circumstances.


A: I am SAILOR M. STARS, 47 years old, Filipino, married, and a resident
of Westwoods Subdivision, Dungon, Iloilo.

2. Q: Why are you here in court today, Mrs. Stars?


A: To give my testimony on the relationship of the accused and the victim
and to also give my testimony of what I heard from the accused.

3. Q: Do you undertake to answer all questions truthfully, aware that you are
under oath, and that you may face criminal liability for false testimony?
A: Yes, Sir.

4. Q: How are you related to the victim and the accused?


A: I am the Assistant Program Director of Moon Magic, the agency of both
the accused and the victim. Both the accused and the victim are under my
care.

5. Q: Can you describe the relationship of both the accused and the victim to
one another?
A: They were best of friends when they first entered Moon Magic Agency.
However, their relation became sour this year.

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6. Q: Why did you say that their relationship became sour?


A: They only talk to one another during interviews and shootings. Before or
after that, they are distancing themselves from one another.

7. Q: What do you think was the reason why their relationship was not so good
anymore?
A: Juan was not receiving any award in any program, contest or party.
While, Miguel has been receiving best actor’s award starting January 2020.

8. Q: Are you saying that Juan Dela Cruz, the accused, was jealous of Miguel,
the victim?
A: Yes.

9. Q: Why did you say so?


A: Whenever Miguel receives an award on stage, Edsel always curses and
speaks May adlaw ka gid sakon. Daw si sin-o ka gid nga kagago sa imo.
(Your time will come. Who do you think you are?)

10.Q: Were you at the Awards Night held at Iloilo Convention Center?
A: Yes. As an assistant program director, I am responsible for performing
managerial and professional duties, most especially during the Awards Night
at the Iloilo Convention Center. So, I should be there.

11.Q: Where were you seated during the Awards Night?


A: I was seated together with Juan and Miguel. Only the three of us
occupied the table.

12.Q: Did Miguel, the victim receive any award during that night?
A: Yes.

13.Q: What award or awards did he receive?


A: Miguel received the Fashion Icon Award, the King of Hearts, Best
Dressed and the Best Newcomer Actor Award.

14.Q: You said what whenever Miguel, the victim, receives an award on stage,
Juan, the accused, comments negatively while watching him receive the
award or awards. Did Juan, the accused, say anything while Miguel, the
victim, was receiving his awards?

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A: Yes. Juan said, ‘Gago. Karon sa gab-i, mabal-an mo gid.’ (Cursed Word.
You will know later tonight.)

15.Q: Did he say anything else?


A: Yes. He also said, wala ka naman may mahimo kung mapatay ka na. (You
cannot do anything when you are already dead.)

16.Q: Were you also at the SmallVille Business Complex?


A: Yes.

17.Q: Why were you there?


A: It was the After-Party of the Award’s Night.

18.Q: What happened there?


A: We were partying and drinking until morning.

19.Q: Where were you seated?


A: I was seated beside Juan. We were in the same table.

20.Q: Did Juan, the accused comment anything about Miguel, the victim?
A: Yes.

21.Q: What did he say?


A: He was cursing. He also said, Patyon ta gid ka. (I will kill you.)

22.Q: What happened next?


A: It was around two in the morning when I noticed that Edsel was not
anymore beside me.

23.Q: Anything else you wanted to say?


A: I wanted to give justice to the death of Miguel since this is the right thing
to do.

IN WITNESS WHEREOF, I have hereunto set my hand this 23 rd day of


October, 2020 at Iloilo City, Philippines.

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SAILOR M. STARS
Affiant

SUBSCRIBED AND SWORN to before me this 23 rd day of October


2020 ay Office of the City Prosecutor, 3 rd Floor, Ramon Q. Avanceña Hall of
Justice, Bonifacio Drive, Iloilo City, Philippines. Affiant exhibited to me her
UMID with ID No. 000002347385 issued on November 24, 2018 at Iloilo
City, Philippines.

RARA LALA
Assistant Prosecutor I

ATTESTATION OF COUNSEL

I, RARA LALA, single, Filipino, of legal age with office address at


Office of the City Prosecutor, 3rd Floor, Ramon Q. Avanceña Hall of Justice,
Bonifacio Drive, Iloilo City, after having been sworn to in accordance with
law, hereby attest that:

1. I am the examining lawyer in the foregoing Judicial Affidavit.


2. I faithfully recorded the questions that I asked and the
corresponding answers that the witness gave in his Judicial
Affidavit.
3. Neither 1 nor any other person then present is assisting me coached
the witness regarding the latter’s answer.

IN WITNESS WHEEOF, I have hereunto set my hand this 23 rd day of


October 2020 at Iloilo City, Philippines.

RARA LALA
Affiant

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SUBSCRIBED AND SWORN to me this 23 rd day of October 2020 at


Iloilo City, Philippines. Affiant exhibited to me his IBP ID with Lifetime
Membership 0-002392.

ATTY. EFFI C. ACY


Notary Public for and in the City and Province of Iloilo
My Commission No. is 28
Expires on December 31, 2020
Silva Office, 8th Floor,
Excelsior Bldg., Iloilo City
Roll of Attorneys No. 19283
PTR NO. 1234576, 05/17/20, Iloilo City
IBP NO. 1234, 05/17/20, Iloilo City

Doc. No. 2;
Page No. 5;
Book No. 1;
Series of 2020.

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Common questions

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The temporal sequence of Juan B. Dela Cruz's actions and statements plays a crucial role in establishing premeditation. Juan's threats during the Awards Night followed by similar aggressive statements at the MO2 Bar later solidify a consistent intent to harm Miguel rather than a spur-of-the-moment decision . The timing—first during an emotionally charged public event and then at a more relaxed private gathering—demonstrates a thought-out continuation of enmity towards Miguel. This sequence of hostility across different settings indicates a deliberative process, aligning with legal interpretations of premeditated intent to commit a crime.

Sailor M. Stars is a credible witness due to several factors: she holds a responsible position as the Assistant Program Director of Moon Magic, indicating a level of trust and authority within the organization. Her proximity to both the accused and the victim provides her with firsthand knowledge of their relationship dynamics . Additionally, her testimony is given under oath, with an awareness of the legal consequences of perjury, further establishing her reliability . Moreover, her account includes specific details of conversations and events, such as being present at the MO2 Bar and the Awards Night, which provide a consistent narrative .

Juan B. Dela Cruz's statements during the Awards Night and the subsequent after-party showcase classic signs of escalating criminal intent. During the Awards Night, his reaction to Miguel's achievements was marked by overt resentment and implied threats, suggesting a simmering hostility . At the MO2 Bar, his statements transition from veiled threats to explicit declarations of harm, such as 'I will kill you' . This pattern of increasing aggression fits a trajectory where initial jealousy and frustration build up to unabashed threats of violence, indicative of a heightened intent to act on his negative impulses toward Miguel.

Sailor M. Stars’ presence at both the Awards Night and the MO2 Bar after-party is pivotal for the prosecution's case as it provides direct eyewitness testimony of Juan's incriminating statements and behavior. Her close proximity to both the accused and the victim during these events allows her to recount Juan’s specific threats directed at Miguel at moments of heightened tension, such as when Miguel received awards . Furthermore, her continuous presence with Juan throughout the night strengthens the narrative of a premeditated intent, as she can attest to a continuum of threatening behavior rather than isolated incidents . This consistency helps build a compelling case for premeditation.

The timing and location of Juan's alleged threats are crucial in establishing intent and premeditation. During the Awards Night, Juan's repeated negative remarks and direct threats towards Miguel coincided with Miguel receiving multiple awards, highlighting a moment of pronounced emotional reaction, possibly fueled by envy . At the MO2 Bar, the casual, early morning setting allowed Juan freedom to express his intentions more openly, albeit under the influence of alcohol, which might have reduced his inhibitions but also underscored a deliberative aspect to his threats . These instances not only reflect Juan's escalating hostility but also provide a pattern of behavior that aligns with premeditated intent in the eyes of the law.

Sailor M. Stars' decision to testify reflects her strong sense of justice and moral responsibility towards both the victim and societal law. Her testimony is driven by a desire to 'give justice to the death of Miguel,' demonstrating a commitment to accountability and ethical integrity . Her willingness to testify in a high-profile case, despite potential personal and professional risks, indicates a belief in the importance of truth and justice over personal convenience or safety. This decision underscores her alignment with legal and moral standards, portraying her as a witness motivated by the principles of fairness and retribution .

Juan B. Dela Cruz's recurring negative comments during public accolades can be interpreted as manifestations of deep-seated envy and frustration towards Miguel's success, which Juan himself is unable to replicate. Such behavior suggests a motive rooted in resentment over perceived injustices in their professional standings . These comments, especially when made publicly, serve as verbal leaks of his internal conflict, where the disparity in their achievements catalyzes hostility. This underlying jealousy provides a plausible motive for the threats and ultimately, the alleged criminal act, suggesting that Juan's inability to reconcile with Miguel's success led to contemplating violence .

Juan B. Dela Cruz's behavior towards Miguel appears to be motivated by jealousy and professional rivalry. The affidavit details a change in their relationship from friendship to animosity, coinciding with Miguel's consecutive award wins from January 2020, while Juan received none . Such accolades might have intensified feelings of inadequacy or resentment in Juan, potentially leading to his negative comments and threats directed at Miguel, as narrated by Sailor M. Stars . This suggests that inability to cope with competitive pressure and perceived overshadowing could be driving forces behind Juan's hostile actions.

Sailor M. Stars had a professional oversight role as the Assistant Program Director at Moon Magic, providing her with a unique vantage point into the dynamics between Juan and Miguel . Her supervisory position over both the accused and the victim lends credibility to her observations on their deteriorating relationship and Juan's potential motives. As someone with a duty to manage and care for both, her testimony holds significant weight in court, as she is positioned as an impartial observer without obvious favoritism towards either party . Her account thus contributes to a nuanced understanding of the interpersonal tensions that may have led to the crime.

Sailor M. Stars’ oath and acknowledgment of potential criminal liability for perjury significantly bolster her reliability as a witness. By affirming her commitment to truth-telling under legal consequences, she underscores the gravity with which she approaches her testimony . This legal awareness highlights her understanding of the implications of her statements in a court of law, thus enhancing her credibility. The formal procedures involved in her testimony, including her deposition in English, a language she understands, ensure clarity and precision, reducing the risk of miscommunication or ambiguity .

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