Republic of the Philippines

REGIONAL TRIAL COURT

10
TH
Judicial RegionBranch 1Butuan City, Agusan del Norte
PEOPLE OF THE PHILIPPINES,
Plaintiff,
CRIM. CASE No. 80688-00-versusFOR: PHYSICAL ABUSE INRELATION
TO R.A.7610
MARCELO BAYAMBAGO Y BULANON,
Accused.
X- - - - - - - - - - - - - - - - - - - - - - - /
JUDICIAL AFFIDAVITOF MR. ROMMEL M. SALES
I, ROMMEL M. SALES, 16 years old, single , residing at Purok-3Libertad,
Butuan City, after having been sworn to in accordance withthe law do hereby
depose and state:That Fiscal PRINCESS S. DALINGAY is the counsel
whoconducted and supervised my examination as a witness at her office at
Provincial Prosecutors Office, Butuan City, Agusan del Norte;
That I am answering the questions herein fully conscious that Ido so under
oath and that I may be criminally liable for false testimonyor perjury;
Page 2CRIM CASE NO. 80688-00
Judicial Affidavit
The following are the Questions propounded by Fiscal Princess S.Dalingay
and my answers in English language:Q1: Do you swear to tell the truth and
nothing but the truth?A1:
Yes Maam.
Q2: Are you the same Rommel M. Sales, the private complainant inthis case
for Physical Abuse in Relation to R.A. 7610 nowpending before the Regional
Trial Court, Branch 1 of Butuan City,Agusan del Norte?A2:
Yes Maam
Q3: What is your highest educational attainment?A3: 3
rd
year High School at Libertad National High School.Q4: Do you personally
know the accused in this case, Mr. MarceloBayambago?A4: Yes
Maam
.Q5: Can you tell us why you personally know Mr. Bayambago?A5: He also
lives in Purok 3 Libertad. He is our neighbor and theirhouse is just beside our
house. We are friends since I was achild.Q6: Where were you on January 3,
2013
at about 10:00 oclock in

the morning?A6: I was walking home at that time after I had visited my
friendPaolo Balesteros at Purok 1 Libertad, Butuan City.Q7: Who was with you
during that time you were walking home?A7: I was with my other friend,
Racine Monsteclaros.Q8: What transpired during that time?
Page 3CRIM CASE NO. 80688-00Judicial Affidavit
A8: I was walking with my friend Racine Montesclaros. When we
reached in front of Bayambagos house
Marcelo Bayambago whowas looking very angry came out and told me in
visayan words
to quote Mosugat gyud ka ha
unquote. Then he punched myright portion of my body.Q9: When he punched
you, what did you do?A9:
I didnt do anything Maam. I could not do anything.
Q10: What did your friend Racine Montesclaros do?A10: He did nothing too.
We both could do nothing.Q11: Why do you say
that you couldnt do anything?
A11: Because Marcelo Bayambago is bigger and stronger than the two
of us. No one dared to fight with him Maam.
Q12: Why do you say that he was angry during that time?A12: Because
when he got out of their house, he was swearing and heseemed to be pissed
off of something inside their house.Q13: Was Marcelo Bayambago drunk at
that time?A13:
No Maam. He didnt smell or look like he was drunk.
Q14: Can you tell us how big Marcelo is?A14: He is
56 tall. His body struc
ture is firm and has strong musclesbecause he works out sometimes. He acts
like he can beat all of us smaller than him. We are actually terrified by his
presencebecause of his unpleasant behavior.Q15: Why do you say
unpleasant behavior?A15: Because whenever me and my friends are joking
and laughing,he just suddenly interrupts shouting at us and telling us to shut
Page 4CRIM CASE NO. 80688-00Judicial Affidavit
our mouths. He then threatens us that if we are taking abouthim, we surely
would get a prize from him.Q16: What prize would this be?A16: Maybe a
punch or a kick.Q17: Aside from the incident that happened last January 3,
2013,was there any other incident of punching you?A17:
Yes Maam.
Q18: Can you tell us what happened and when it happened?A18: On January
5, 2013
more or less 3:00 o clock in the afternoon,
in front of Cyber Jazzer, Purok-3 Libertad, Butuan City. While Iwas passing by
the Internet Caf, I saw Marcelo Bayambago, Jr.came out from the Cyber
Jazzer Internet Caf. He ran towardsme and punched me twice hitting on the
right shoulder thuscausing pain on it.Q19: When he punched you, what did
you do?A19: I tried to retaliate after he punched me. However, he
grabbedmy arms and twisted it over my back and he said in visayanwords to

quote Ay mosukol naka ha unquote. Then he

punched me again on my right portion of the body and kickedmy left leg. I
fell down the ground after that strong punch andkicked. It was really painful
that it made me cried.Q20: Did anybody see the incident?A20:
Yes Maam. Our friend Julius Dumanon Hellardes
, the owner of the Internet Cafe was there.Q21: What did Julius Dumanon do?
A21: He shouted at Marcelo Bayambago and told him to stop.
Page 5CRIM CASE NO. 80688-00Judicial Affidavit
Q22: What did Marcelo do when Julius Dumanon told him to stop?A22: He
just laughed and said in visayan words again to quote
Mosukol
naman gyud Bai, maayo nan
g pitolon. Then he left.
Q23: What did you do then?A23: I stood up and Julius Dumanon helped as I
hardly can walk.Then he accompanied me back home.Q24: And then, what
happened next?A24: When I got home I told my mother about the incident
and thenwe reported the incident to police Station3 in Libertad,
ButuanCity.Q25: Do you have any proof of all your allegations?A25: I have
my witnesses
Maam
, my friend Racine Montesclaros andJulius Dumanon.Q26: Do you have any
medical certificate to support your allegations?A26:
Yes, Maam, I have.
Attached to this Judicial Affidavit is an original copy of themedical certificate
marked a
s Exhibit A.
Q27: Based on this medical certificate you are showing to us that theinjuries
would have incapacitated you for a period of 7 to 10days?A27:
Yes, Maam, I
was actually incapable to join my classes atLibertad National High School for
more than a week due to thepain that I suffered. The next day after the
incident I had bruisesand it was absolutely difficult for me to stand.Q28: Who
issued this medical certificate?
Page 6CRIM CASE NO. 80688-00Judicial Affidavit
A28: It was Dr Rocelda L Mirasol
Maam, Medical Officer III at Butuan
Medical CenterQ29: Who
s
signature is this in the medical certificate?A29:
My doctor, Maam, Dr. Rocelda L. Mirasol
.Q30: Why did you say that it was Dr. Mirasol who signed it?A30: Because I
was in front of her when she signed the medicalcertificate.Q31: Do you have
anything to say, Mr. Sales?A31
: No more, Maam.

IN WITNESS WHEREOF, I have hereunto affixed my signaturethis 7

th
day of February 2013 at Butuan City, Philippines.ROMMEL M. SALESPrivate
ComplainantSUBSCRIBED AND SWORN to before me this 7
th
day of February2013 at Butuan City, Philippines.
PRINCESS S. DALINGAY
Asst. Provincial ProsecutorDetailed PPO-Butuan CityAgusan del NorteMCLE
Compliance No. IV 000000Officer-in