REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

BAGUIO CITY

THE PEOPLE OF THE PHILIPPINES,

Plaintiff,

- versus - CRIMINAL CASE NO.

BARRY C. PAKYAW
Alias “Barong”,
Accused.
x --------------------------------------------------- x

JUDICIAL AFFIDAVIT OF
BARRY C. PAKYAW

This Judicial Affidavit of BARRY C. PAKYAW is executed to serve

as his direct testimony in the instant case. This Judicial Affidavit is offered to
deny all the allegations in INFORMATION.

QUESTIONS were propounded by accused’s counsel, Atty. Pakito L.

Diaz, in English, which the affiant fully understands, while ANSWERS were
given/made by witness BARRY C. PAKYAW, in Tagalog and the
corresponding translation of his answer is provided after each question.

1. Q: Please state your name, age, residence address, and occupation.

A: I, Barry C. Pakyaw, of legal age, single, a house helper,
Filipino and residence of 87 Guisaran Street, Tondo,
Manila, Philippines.

2. Q: Were you ever involved to or convicted of any crime?

A: No Sir.

3. Q: How are you related to the complainant in this case?

A: She is a friend of mine and a maid of my employer Sir.
4. Q: Do you know where the complainant lives?
A: Yes Sir, She lives in the same house owned by our
employer where I also live.

5. Q: Can you remember where you were on August 15, 2019 at around
1:30 in the afternoon?
A: I was in the house where the complainant work as a
maid Sir.

6. Q: Can you remember something unusual that happened on the said

day?
A: Yes Sir.

7. Q: What happened that day?

A: I came from my room and I noticed that there is a
person in the room adjacent to mine. I was curious as it
was usually vacant.

8. Q: Did you check the room?

A: Yes Sir, I peeked into that room and I saw Maria Cruz
who was alone and seems to be having a hard time.

9. Q: What did you do when you saw her?

A: I went inside the room and asked what her problem is.

10. Q: What happened next?

A: After confiding to me what her problem is, she thanked
me and she told me that I am very kind. She also confessed
that she likes me.

11. Q: Did you know beforehand that she likes you?

A: Yes Sir, Sherly T. Ramos, the other household helper,
keeps on telling me every now and then that the
complainant has a crush on me and she wanted me to
become his boyfriend.
12.Q: What did you do then after her confession of her feelings for you?
A: I kissed her Sir until we had a sexual intercourse.

13.Q: Did you force the complainant into having a sexual intercourse
with you?
A: No Sir, I did not.

14.Q: Is it true that you suddenly grabbed the complainant’s pants and
pushed her against the wall causing her to hit her head to become
dizzy?
A: No Sir, I it is not.

15. Q: So, she was fully conscious during the sexual intercourse?
A: Yes Sir.

16. Q: Did the complainant say or shouted anything during the sexual
intercourse?
A. No Sir.

17.Q: Did she say anything after that?

A: Yes sir, she asked me if I am willing to marry her
because we already had a sexual intercourse.

18: Q: So you said yes?

A: No Sir, I did not. I told her that I am not yet ready for
marriage as I have also my own duties and responsibilities
for my family.

18. Q: What was her reaction when you rejected her offer to marry her?
A: She immediately run outside the room and told Sherly
that I raped her.
19.Q: That’s all Mr. Witness. Thank you.
A: Thank you Sir.
 IN WITNESS WHEREOF, I have set my hand this ___
day of ______, 2019, in Baguio City, Benguet, Philippines.

BARRY C. PAKYAW
Affiant

SUBSCRIBED AND SWORN to before me this ___ day of _______,

2019, the affiant is personally known to me and exhibiting to me his Driver’s
License No. 12345678 issued at the 1st day of February, 2013 on Tondo,
Manila, Philippines.

Pakito L. Diaz
Public Attorney I
Roll of Attorney No. 11111111
IBP Roll No. 1111111111
MCLE Compliance No. 1111111111
 SWORN ATTESTATION

I, ATTY. PAKITO L. DIAZ, of legal age, Filipino, with office address at

123 Barangay Sipsipnget, Baguio City after being duly sworn depose and say:

1. I was the one who conducted the examination of witness Barry C. Pakyaw
at my afore-stated office.

2. I have faithfully recorded or caused to be recorded the questions I asked

and the corresponding answer that the witness gave;

3. Neither I nor any other person then present or assisting her coached the
witness regarding her answers;

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

____ 2019 at Baguio City Philippines.

ATTY. PAKITO L. DIAZ

Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and

for the city of Baguio this ____th day of ____________ 2019. Affiant personally
came and presented to me his ___________________ ID issued by the
________________ on ____ at Baguio City, as valid and competent proof of her
identity and swore to me under oath of the veracity of her allegations.

Johnny Sins
Notary Public
Commission Serial No.
Roll of Attorney No. 1111111111
IBP Roll No. 1111111111
MCLE Compliance No. 1111111111
Doc No.
Page No.
Book No.
Series of 2019