REPUBLIC OF THE PHILIPPINES
THIRD JUDICIAL REGION
REGIONAL TRIAL COURT OF MALOLOS
CITY OF MALOLOS, BULACAN
Branch 21
PEOPLE OF THE PHILIPPINES
Complainant,
Criminal Case No. 32194
– versus – For: Violation of Par. 2
Article 266-A of the RPC
(Rape through Sexual Assault)
ARMANDO ESTEVEZ,
ALEJANDRO ALDAMA,
LOUIE MONTEMAYOR,
ELIZABETH ZARAGOSA,
Accused.
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JUDICIAL AFFIDAVIT
(By Way of Direct Examination)
I, Police Corporal (Pcpl) Love Hernandez, of legal age, Filipino
and residing at Bocaue , Bulacan, Women’s and Children Police Desk
Police Investigator assigned at Bocaue Municipal Police Station, having
been duly sworn to in accordance with law through the supervision of
PUBLIC PROSECUTOR PRINCESS RUTH BUSTAMANTE
ADRIANO with office address at the Office of the Provincial Prosecutor
of Bulacan, Capitol Compound, Brgy. Guinhawa, City of Malolos,
Bulacan, conducted at the given address of the public prosecutor, hereby
answers all the questions asked of him with full consciousness under the
pain of criminal liability for false testimony or perjury:
The testimony of this witness is being offered prove the
following:
1. That she is the duty Police Investigator on the 29th day of
December 2019 at the Bocaue Municipal Police Station in
Bocaue, Bulacan.
2. That, on the same day at around 8:30 in the morning one Ronna
Adolfo went to their office to file a sworn statement;
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3. That the station commander immediately ordered to conduct an
ocular inspection and investigate the matters subject of the
complaint;
4. That in compliance with said order, Pcpl Hernandez went to the
said place of the alleged incident to investigate;
5. That she will also testify as to matters relating to the seized
object evidence, the recording of the sample fingerprints of the
suspects and its transmittal to the Malolos City Crime
Laboratory for appropriate examination.
6. That she will also identify certain documents and pieces of
evidence and other facts in relation to the investigation that was
conducted by said police officer.
Q1: Kindly state your name and other personal circumstances.
A: I am Pcpl Love Hernandez, 35 years old, married and
presently residing at Bocaue, Bulacan.
Q2: You are reminded that your answers to the questions to be asked of
you in this Judicial Affidavit are being made under oath and that you may
face criminal liability for perjury or false testimony with respect to
statements that you shall make here. Are you willing to proceed with the
taking of the Judicial Affidavit?
A: Yes, Fiscal. I am fully aware of that and I am willing to proceed
with my testimony.
Q3: For the record, can you please state your current position and other
personal circumstances?
A: I am Police Corporal Love Hernandez, currently assigned at
Philippine National Police Station 3 at Bocaue, Bulacan.
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Q4: How long have you been in service with the Philippine National
Police?
A: Ten (10) years, Fiscal.
Q5: As a police investigator, what are your principal duties and
functions?
A: I am the Police Investigator of PNP Station 3 at Bocaue,
Bulacan. It is my duty to conduct crime scene search, making
sketches, markings of physical evidence, investigate crimes,
collect, collate, consolidate information in support of an open
investigation and secure evidence from the crime scene, conduct
interviews with complainants, suspects and witnesses, the
transmittal of evidence to crime laboratory, write detailed reports,
follow up the case and documentation, filing of appropriate
charges and to testify in courts.
Q6: Where are you in the morning of December 29, 2019?
A: I was the duty Police Investigator at Bocaue Municipal Police
Station Women’s Desk.
Q7: You metioned that you are the duty Police Investigator in the
morning of December 29, 2019, what transpired on that day, if any?
A: A lady named RONNA ADOLFO went to our office at about
8:30 in the morning of that same day.
Q8: Who is this RONNA ADOLFO that went to your office?
A: She is the complainant in this rape case filed before our office
at Bocaue Municipal Police Station.
Q10: Who assisted the complainant?
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A: I did, Ma’am.
Q11: What assistance was given to the victim, if any?
A: The drafting of her sworn statement and the recording of the
said incident in the police blotter for further issuance of a police report,
Fiscal.
Q12: If I am going to show you a copy of a sworn statement, will you be
able to identify it?
A: Yes.
Q13: Is this the same sworn statement of the victim that you have
drafted?
A: Yes.
Q14: On the preliminaries of the sworn statement appears a name of Pcpl
Love Hernandez as the duty Police investigator, who is this to you?
A: I am the same , Fiscal.
Prosec Adriano: Your Honor, this is to manifest that a copy of the Sworn
Statement of Ronna Adolfo conducted by Pcpl Love Hernandez has
previously marked as our Exhibit “_”.
Q15: After conducting the interview, what did you do next, if any?
A: I talk to our station commander, Police Lieutenant Colonel
Faith Hope, about the reported incident from the victim herself.
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Q16: What was the response of your station commander?
A: She said that, I immediately conduct an ocular inspection of the
said place of the alleged incident and investigate on the matter
subject of the police report and the memorandum report that was
issued.
Q12: If I am going to show you a copy of a police report and the
memorandum report issued, will you be able to identify it?
A: Yes.
Q13: Is this the same police report and memorandum report that you are
referring earlier?
A: Yes.
Q14: On the lower part of the reports appears a name and signature of
Pcpl Love Hernandez as the duty Police investigator, who is this to you?
A: I am the same , Fiscal.
Prosec Adriano: Your Honor, this is to manifest that a copy of the police
report and memorandum report by Pcpl Love Hernandez has previously
marked as our Exhibit “_”.
Q7: When was the investigation conducted?
A: It was conducted on December 29, 2019 at around 10:00 in the
morning.
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Q8: What was this investigation all about?
A: This was about a reported incident from RONNA ADOLFO
who testified that she was raped by four perpetrators within the
vicinity of 56 A. Mabini St., Lolomboy, Bocaue, Bulacan.
Q17: What transpired next, if any?
A: I, went to 56 A. Mabini St., Lolomboy, Bocaue, Bulacan to
investigate on the alleged incident.
Q18: What happened thereafter, if any?
A: Upon arriving at the place, I saw an abandoned place. Empty
beer bottles, empty food containers, beer bottles with blood stain,
stained bed sheet and blanket.
Q19: What did you do thereafter, if any?
A: I, cordoned said area by using crime-scene tape to preserve the
crime scene and/or to protect/prevent the evidence from being
contaminated.
Q20: What did you do next, if any?
A: Thereafter, I took photographs of the scene, took several
overview images of the surrounding areas from multiple angles and
point of view so that we can show the scene preserved in an
unaltered condition. Photograph all the pieces of evidence before
they are collected. Search for and collect evidence that are relevant
to the crime investigation. Pay attention to the risk of contamination.
Conducted a detailed and extended search outside of the crime
scene. Checked the crime scene before the cordon is lifted.
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Q21: What else did you do, if any?
A: I, Secured the pieces of evidence collected from the crime
scene.
Q22: What precautionary measures did you do in order to secure and
avoid the risk of contamination of the pieces of evidence, if any?
A: I, secured the pieces of evidence by using a clean disposable
gloves, I made sure that I use different gloves each time I’m
collecting the evidence, put the collected evidence separately in a
heated clean air tight plastic container.
Q22: What are these pieces of evidence that you mentioned?
A: Bloodstained blanket and bed sheet/ cover; and an empty bottle
of San Miguel Beer with some blood residue on the tip and
droplets of blood inside the bottle at the bottom;
Q23: If I am going to show you a picture, purporting to be of such one
(1) bottle of San Miguel Beer, will you be able to identify it?
A: Yes, Fiscal.
Q24: I am now showing to you a picture, showing an image of purporting
to be a bottle of San Miguel Beer, is the same bottle you are referring to
earlier?
A: Yes.
Q25: There appears an initial on the part of the bottle and numbers, can
you tell to this Honorable Court what does this mean?
A: Yes. That is my initial , signature and the corresponding
numbers is the date when the object was seized.
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Prosec Adriano: Your Honor, may I manifest that this picture showing
the subject bottle of San Miguel Beer, as just identified by the witness,
was already compared with the actual object of the subject bottle and
was already marked during the Pre- Trial Conference as our Exhibit
“_”.
Q26: If I am going to show you a picture, purporting to be of such
bloodstained blanket and bed sheet/cover, will you be able to identify it?
A: Yes, Fiscal.
Q27: I am now showing to you a picture, showing an image of purporting
to be a bloodstained blanket and bed sheet/cover, is the same
bloodstained blanket and bed sheet/cover you are referring to earlier?
A: Yes.
Q28: There appears an initial on the part of the bloodstained blanket and
bed sheet/cover and numbers, can you tell to this Honorable Court what
does this mean?
A: Yes. That is my initial and the corresponding numbers is the
date when the object was seized.
Prosec Adriano: Your Honor, may I manifest that this picture showing
the subject the bloodstained blanket and bed sheet/cover, as just
identified by the witness, was already compared with the actual object of
the subject bottle and was already marked during the Pre- Trial
Conference as our Exhibit “_” and Exhibit “_” respectively.
Q29: What did you do next, if any?
A: I immediately prepared a request letter for laboratory
examination of the seized object and the sample fingerprints of the
suspects and transmits it to the Malolos City Crime Laboratory.
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(Request letter )
Q30: What transpired during the questioning at the police station?
A: We found out that the accused was a Barangay Councilor at
Barangay Sambag II, Cebu City. Hence, we immediately prepared
the necessary complaint affidavit for the proper filing of the case
against the said Barangay Councilor.
(Complaint-Affidavit of SPO4 Greg Santos previously marked
Q31: What did you do with the Complaint-Affidavit?
A: We submitted it to the Cebu City Prosecutor’s Office.
IN WITNESS WHEREOF, I hereunto affix my signature this 20 th
day of March 2014 at Cebu City, Philippines.
SPO4 GREG
SANTOS
Affiant
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SUBSCRIBED AND SWORN TO before this 20 th day of March
2014 at the City Prosecutor’s Office, Osmena Boulevard, Cebu City, with
Affiant exhibiting his GSIS UMID with RN 000006-3665-9 as competent
proof of identity.
Doc No. ________
Page No. _______
Book No. _______
Series of 2014.
ATTESTATION
I, ALVIN MAGBANUA, after having been duly sworn according
to law, attest that:
1. I am the Lawyer who conducted the taking of the foregoing
Judicial Affidavit of SPO4 Greg Santos;
2. I faithfully recorded the questions I asked and the
corresponding answers that the aforesaid witness gave, and
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3. Neither I nor any other person then present or assisting me
coached the witness regarding her answer.
ALVIN
MAGBANUA
Affiant
SUBSCRIBED AND SWORN TO before this 20 th day of March
2014 at the City Prosecutor’s Office, Osmena Boulevard, Cebu City, with
Affiant exhibiting his Driver’s License with license number 000003-
4556-7 as competent proof of identity.
Doc No. ________
Page No. _______
Book No. _______
Series of 2014.
AFFIANT FURTHER SAYETH NAUGHT.
IN WITNESS WHEREOF, I have hereunto set my hand this 24 th
day of February, 2020.
_____________________________
REDJINA DE LEON-REYES
SUBSCRIBED AND SWORN TO before me this 10th day of 24th
day of February, 2020. Affiant exhibiting to me his competent evidence
of identity, PRC License No. 124579SDA, issued on 2018 Aug 11, valid
until 2020 Aug 10.
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Hon. Robin Ron Zafra-Mendoza
Asst. Provincial Prosecutor of Bulacan
Lawyer’s Attestation
I hereby certify that I faithfully recorded or caused to be recorded
the questions asked and the corresponding answers given by the witness.
I further certify that neither I nor any other person was present and/or
assisting the witness, much more, coached the latter with all his answers
to the questions propounded.
P. PROS. FRANCISCO JEREMIAH
SANTOS GONZALES
SUBSCRIBED AND SWORN TO before me this 24th day of
February, 2020 at Malolos City, Bulacan. Affiant exhibiting to me his
IBP Roll of Attorney I.D. with no. 63254 as competent evidence of his
identity.
Hon. Robin Ron Zafra-Mendoza
Asst.Provincial Prosecutor of Bulacan
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