Republic of the Philippines

REGIONAL TRIAL COURT

11
TH
Judicial Region
Branch 1
Tagum City, Davao del orte
P!"P#! "$ TH! PH%#%PP%!&,
Plaintiff, CR%'( C)&! o(* ++++++++++
,versus,
R)'" )DR!&, )) R!#"&, $"R* R"BB!R- .%TH H"'%C%D!
Accused.
/, , , , , , , , , , , , , , , , , , , , , , , 0
JUDICIAL AFFIDAVIT
OF MR. JOE S. LOPEZ
%, J"! &( #"P!1, 23 years old, married, residing at Puro4 %lang, &an #oren5o,
abunturan Compostella 6alley, after having been s7orn to in accordance 7ith the la7
do hereby depose and state*
That $iscal P)TR%C8 !( T)T)D is the counsel 7ho conducted and supervised my
e9amination as a 7itness at his office at Provincial Prosecutor:s "ffice, Tagum city,
Davao del orte;
That the purpose of this affidavit0testimony is to afford information as to the identity
of the accused persons 7here the latter committed the act in violation of )rticle 2<3 of the
Revised Penal Code and by reason or on occasion thereof, the crime of homicide has
been committed(
That % am ans7ering the =uestions herein fully conscious that % do so under oath
and that % may be criminally liable for false testimony or per>ury;
Page 2
CRIM CASE NO. 80688-00
Judicial Affidavit
The follo7ing are the ?uestions propounded by $iscal Patric4 !( Tatad and my
ans7ers in !nglish language*
?1* Do you s7ear to tell the truth and nothing but the truth@
)1* -es &ir(
?2* &tate your full name, address and other personal circumstances for the record(
)2* 'y name is Joe &( #ope5( %:m 23 years old and married( % live in Puro4 %lang, &an
#oren5o, abunturan Compostella 6alley(
?3* .hat is your highest educational attainment@
)3* 3
rd
year High &chool at abunturan 'unicipal High &chool(
?A* Do you personally 4no7 the accused persons in this case namely, Ramon )ndres
and )nna Relos@
)A* o &ir(
?B* Do you personally 4no7 the victim identified as 'ario Damiano@
)B* o &ir(
?C* .hat is your >ob and nature of your 7or4@
)C* %:ve been 7or4ing at the Drand E Hotel at its location in arra street Tagum City as
a Hotel Room boy( 'e and my co,employee ')'!RT" )-C" assist and attend
to the needs of our Hotel guest and costumers( &ometimes 7e do the cleaning and
maintaining order of the rooms including dispensing and replacing food and
beverages inside every room ready for our guests(
F attached to this affidavit as )!/ ), is the certified true copy of Records of
employment furnished by the 'anager of Drand E Hotel G
?E* )t 7hat time do you usually enter for 7or4 at the Hotel@
)E* % usually enter for 7or4 at around <*3H every morning because % have to travel from
abunturan for almost an hour(
?I* .henever you arrive at the Hotel at around <*3H am, 7ho is in charge as &ecurity
Duard@
)I* The &ecurity Duard in,charge is 'R( #!" C"&T)#!&(
Page 3
CRIM CASE NO. 80688-00
Judicial Affidavit
?<* !9actly, ho7 many rooms are there available in Drand E Hotel@
)<* T7enty $our J2AK sir( T7elve rooms on the lo7er building and another t7elve rooms
on the upper building(
?E* "n the day that the crime 7as committed on July 2B, 2H12, and around 1H o:cloc4 in
the morning, 7here 7ere you@
)E* % 7as on duty and 7as 7aiting for any guest to come in, at the lobby(
F attached here7ith is a copy as certified by the HR 'anager of the Hotel, of the
Daily Time Record of the affiant G
?I* Can you recall if someone chec4,in at the Hotel, at that time, from 1H o:cloc4 until 2
o:cloc4 in the afternoon@
)I* -es sir(
?<* Can you remember someone chec4ed,in at Room 2 of the Hotel on that day@
)<* -es sir(
?1H* )nd 7ho are these personJsK 7ho chec4ed,in at the Hotel at around 1H o:cloc4 in
the morning@
)1H* They are in the persons of the accused, R)'" )DR!& and )) R!#"&(
Fattached 7ith this affidavit a copy of the logboo4 initialed0signed by the attending
receptionist, identifying the names of the accused as sho7nedG
?11* .hen they arrived and after they chec4ed,in at the counter at around 1H o:cloc4 in
the morning, 7hat did you do@
)11* .e escorted them from the lobby to Room 2 after they have chosen the room and
paid a reasonable deposit at the counter(
?12* .hat do you mean L7eM@
)12* 'e and my co,employee ')'!RT" )-C", another Room Boy, 7ere told to escort
the ne7ly arrived guest to their room( %t has al7ays been a company policy to assign
t7o J2K Room Boys to assist the guest in carrying their luggage:s and suitcase up to
their rooms(
?13* .hen you arrived at room 2, 7hat happened@
Page 4
CRIM CASE NO. 80688-00
Judicial Affidavit
)13* They said they:ll >ust call us 7henever they needed something( )nd so, 7e left(
?1A* )t around 2 o:cloc4 in the afternoon on that same day, 7here 7ere you@
)1A* % 7as at the lobby(
?1B* .hat did you sa7 at that time@
)1B* % sa7 )) R!#"& 7ent do7n from their room, to7ards me at the lobby(
?1C* .hy 7as she at the lobby@
)1C* &he as4ed, if % could get her a tricycle to ride(
?1E* .hat then did you do@
)1E* % call the &ecurity Duard #eo Costales and as4ed him to call for a tricycle(
?1I* .hat happened ne9t@
)1I* % sa7 R)'" )DR!& going out from room 2(
?1<* Did you notice something different in him@
)1<* % found something odd and suspicious about his movement( He seemed to be in a
hurry in going out from their room(
?2H* .hat happened ne9t@
)2H* % heard ')'!RT" )-C" from Room 2 shouting and yelling at me to stop the
tricycle( He told me that there is a dead man in the room, the place 7here the t7o
accused rented(
?21* .hat did you do then@
)21* % ran to7ards the e9it to see if the tricycle 7as still there( But the man believed to be
R)'" and the tricycle 7ere already at the high7ay(
?22* .hat happened ne9t@
)22* 'e and the &ecurity guard, ended up chasing the tricycle but 7e failed to apprehend
them(
?23* .hen 7as the last time that you sa7 )) and R)'"@
Page
CRIM CASE NO. 80688-00
Judicial Affidavit
)23* .hen they 7ere arrested by the Policemen 7ho responded to the incident( % 7as
made to identify the accused )) R!#"& as the persons 7ho chec4ed,in 7ith a man
and the one 7ho told me to get a tricycle(
?31* Do you have anything to say, 'r( #ope5@
)31* o more, &ir(
% .%T!&& .H!R!"$, % have hereunto affi9ed my signature this B
th
day of
"ctober 2H13 at Tagum City, Philippines(
J"! &( #"P!1
witness - Affiant
&NB&CR%B!D )D &."R to before me this B
th
day of "ctober 2H13 at Tagum
City, Philippines(
_____________________
)sst( Provincial Prosecutor
Detailed PP",Tagum City
Davao del orte
'C#! Compliance o( %6 HHHHHH
"fficer,in,Charge
)TT!&T)T%" "$ #!D)# C"N&!#
%, ________________________, )sst( Provincial Prosecutor, Detailed PP",Tagum
City, Davao del orte, after having been s7orn to in accordance 7ith the la7 do hereby
depose and say*
1( That % have faithfully recorded or caused to be recorded the =uestions % as4ed
and the corresponding ans7ers that 7itness, Joe &( #ope5, gave;
2( That % have not, nor any other person present or assisting coached the 7itness
regarding the 7itness: ans7ers; and
3( That % fully understand that any false attestation shall sub>ect me to disciplinary
action, including disbarment(
Page 6
CRIM CASE NO. 80688-00
Judicial Affidavit
% .%T!&& .H!R!"$, % have hereunto affi9ed my signature this B
th
day of
$ebruary 2H13 at Tagum City, Philippines(
___________________
Counsel for the &tate
&NB&CR%B!D )D &."R to before me this B
th
day of "ctober 2H13 at Tagum
City, Philippines(
___________________
Public )ttorney %6
Public )ttorney:s "ffice
Tagum City, Davao del orte
'C#! Compliance o( %6 HHHHHH
"fficer,in,Charge