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Republic of the Philippines

Second Judicial Region


REGIONAL TRIAL COURT
Tabuk City, Kalinga Province

PEOPLE OF THE PHILIPPINES


Plaintiff,
CRIM. CASE No. 2014-15
-versus- For: Rape

JAYBEE C. DEE,
Accused,
X- - - - - - - - - - - - - - - - - - - - - - - x

JUDICIAL AFFIDAVIT

I, Haylee C. Medina, of legal age, Filipino, single and a


resident of Dagupan, Tabuk City, Kalinga., Philippines, after having
been duly sworn in accordance with law, do hereby depose and say;

That I am the same and identical person who caused for the
execution of this Judicial Affidavit under the supervision and at the
law office of the undersigned counsel with the name and address
stated below;

That I had given my answers on the questions below stated


with full consciousness and I did so under oath, and that, I may face
criminal liability for any false testimony or perjury;

That the following are the questions asked by the undersigned


counsel with corresponding answers which I had given;

Q1: Please state your name and other incidentals


A1: I am the Haylee C. Medina, Single and a resident of Bulanao,
Tabuk City, Kalinga.

Q2: Are you the same person filing a case of rape against one
Jaybee C. Dee?
A2: Yes sir.

Q3: Do you know personally the defendant Dee?


A3: Yes sir

Q4: What relation do you have with the defendant?


A4: We were acquaintances sir.
Q5: How did you meet the defendant?
A5: We met through our common friends sir.

Q6: Where were you on February 14, 2016?


A6: We were at Villa Rosalina Resort in Tabuk city sir; we were
celebrating our High school reunion.

Q7: What were you doing in that reunion?


A7: We were eating and drinking sir.

Q8: Where you drunk during that party?


A8: Yes sir.

Q9: What time did you leave the party?


A9: At around 10:30 pm sir

Q10: How did you leave the party?


A11: Jaybee offered to take to walk and go home since we were just
living near the resort.

Q12: What happened then?


A12: we walked to go home sir and because Jaybee’s house is
nearer than ours, he offered me to go to his house and have
some coffee.

Q13: What happened next?


A13: He was talking to me when we reached their house but I was
too drunk to comprehend what he was saying, and then he
started to put his right hand on my legs, and then he kept
drawing his face to my neck and face, trying frequently to kiss
me.

Q14: What did you do during that time?


A14: I tried to push his face away from me, telling him that I did not
like what he was doing, but I was so drunk that I had no power
to stop him.

Q15: What happened next?


A15: He pulled a knife and pointed it in my neck, he forced me to
enter his room. When we got inside, I asked what we were
doing in that place but he did not answer me back. I protested
to him that I did not want to be there, but then he pointed the
knife at me and said that if I did not do what he wants he would
kill me immediately.

Q16: What did he want from you inside that room?


A16: He said he wanted to have sex with me.

Q17: Did you accede to his demands?


A17: No sir, I did not want to have sex with him but I was too drunk
and was so fearful of him that I could not muster the strength to
fight back.

Q18: What did the defendant do after that?


A18: With his knife at my neck, he proceeded to strip me off my
clothes and when I was naked, he maniacally fondled my
breasts and private parts trying to make me wet.

Q19: What do you mean in he was trying to make you wet?


A19: He was trying to arouse me so that he could penetrate me
easier, he was trying to entice me to have sex with him, but I
did not want to.

Q20: What did he do after that?


A20: He again held his knife to my neck, saying that he will slice my
neck open if I did not do what he wanted.

Q21: What did he want you to do after that?


A21: He dragged me down to the floor, with him seated at the edge
of the bed, he then grabbed my head and forced me to give him
a blowjob.

Q22: By blowjob you mean he wanted to put his penis in your


mouth?
A22: Yes sir.

Q23: Did he succeed in doing so?


A23: Yes sir.

Q24: What did he do after that?


A24: After that he dragged me back to the bed and forced me to lie
down facing up, he then grabbed my legs and spread them
apart, after that he started to lick my vagina and started to put
his fingers inside me. I was crying loudly then and I kept asking
him to stop because I did not like what he was doing, and that
what we were doing was wrong, but he still would not listen and
he continued what he was doing for about 10 minutes.

Q25: What happened after that?


A25: After that, he pulled himself up and put the knife again at my
neck, he then proceeded to insert his penis inside my vagina. I
was crying loudly again because of the knife, he was laughing
at me and seemed that he was enjoying what he was doing.
After about another 15 minutes he ejaculated inside me. I was
again brought to tears because I was afraid that I might become
pregnant.

Q26: What happened after that?


A26: After doing what he did, he went to the comfort room to take a
piss. That was when I saw my opportunity to run. I grabbed my
clothes and handbag and headed straight to the exit. I ran out
and shouted for help. Thank God there was a mobile patrol unit
and I approached them immediately telling them that I had just
been raped.

Q27: What did the police men do?


A27: They took me inside the patrol car and asked what happened,
then suddenly Jaybee came out of the inn with no shirt on
probably searching for me, I immediately pointed to them that
he was the one who had raped me. When Jaybee saw the
police he tried to run but he was caught.

Q28: What happened after defendant was taken to custody by the


police?
A28: I was taken to the hospital for medical examination

Q29: Did the medical examiner provide you with a medical certificate
A29: Yes sir.

Attached to this judicial affidavit is an original copy of the


medical certificate marked as exhibit “A”

Q30: Who issued the medical certificate?


A30: It was Doctor Ramjee B. Rastugi sir.

Q31: Whose signature is in this medical certificate?


A31: My doctor sir, its doctor Ramjee’s signature

Q32: How do you know it is Dr. Ramon Rodriguez’s signature


A32: Because I was present when he signed that document in front
of me sir.

Q33: Did the police take down your statement?


A33: Yes sir, at the hospital after my examination, a police officer
took my statement.
Attached in this judicial affidavit is an original copy of the
Excerpts from Daily Record of Events of Police Precinct 3 to be
marked as Exhibit “B”.

Q34: Who’s signature is in this copy of the Excerpts from Daily


Record of Events of Police Precinct 3?
A34: It is the signature of SPO4 William Carpentero, he was the one
who took my statement.

Q35: How do you know it is the signature of SPO4 William


Carpentero?
A35: Because he signed that document sir in front of me.

Q36: Do you have anything else to say Ms. Medina?


A36: I have nothing more to say sir.

IN WITNESS WHEREOF, I have hereunto affixed my signature


this 3rd day of March 2016 at Tabuk City, Kalinga Province.

Haylee C. Medina
Private Complainant

SUBSCRIBED AND SWORN TO BEFORE ME, this 3rd day of


March 2016 at Bulanao, Tabuk City, Kalinga Province. Affiant
personally appeared before me with Employee ID No. 2140202
issued on January 8, 2014 at Tabuk City, Kalinga, bearing his
photograph and signature, known to me as the same person who
personally signed the foregoing instrument and avowed under penalty
of law to the whole truth of the contents of said instrument.

ATTY. VERNON C. BASNIC


Asst. Provincial Prosecutor
Detailed PPO-Tabuk City
MCLE Compliance No. IV 000000
Officer-in-Charge

ATTESTATION OF LEGAL COUNSEL

I, VERNON C. BASNIC, Asst. Provincial Prosecutor, Detailed


PPO-Tabuk City, after having been sworn to in accordance with the
law do hereby depose and say:
1. That I have faithfully recorded or caused to be recorded the
questions I asked and the corresponding answers that witness,
Victoria L. Soledad, gave;
2. That I have not, nor any other person present or assisting
coached the witness regarding the witness’ answers; and
3. That I fully understand that any false attestation shall subject
me to disciplinary action, including disbarment.

IN WITNESS WHEREOF, I have hereunto affixed my signature


this 3rd day of March 2017 at Tabuk City, Philippines.

VERNON C. BASNIC
Counsel for the State

SUBSCRIBED AND SWORN to before me this 3rd day of


February 2017 at Tabuk City, Philippines.

ATTY. FRANK P. PAGULAYAN


Public Attorney IV
Public Attorney’s Office
Tabuk City
MCLE Compliance No. IV 000000
Officer-in-Charge

ATTESTATION OF LEGAL COUNSEL

I, MARVIC GUILLERMO JR., Prosecutor III, Detailed PPO-


Davao city, after having been sworn to in accordance with the law do
hereby depose and say:

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


questions I asked and the corresponding answers that witness,
Victoria L. Soledad, gave;
2. That I have not, nor any other person present or assisting
coached the witness regarding the witness’ answers; and
3. That I fully understand that any false attestation shall subject
me to disciplinary action, including disbarment.

IN WITNESS WHEREOF, I have hereunto affixed my signature


this ________ day of ___________ 2002 at Davao City, Philippines.
MARVIC GUILLERMO JR.
Counsel for the State

SUBSCRIBED AND SWORN to before me this 7th day of


February 2013 at Butuan City, Philippines.

ATTY. EMMAN
FERNANDEZ
Public Attorney IV
Public Attorney’s Office
Davao City
MCLE Compliance No. IV
000000
Officer-in-Charge

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