Republic of the Philippines

MUNICIPAL TRIAL COURT

Fifth Judicial Region
Lasam, Cagayan, Br. 12

PEOPLE OF THE PHILIPPINES,

Complainant,
Crim. Case No. LSM-19-12345-CR
-versus- For: “Acts of Lasciviousness”

GERALD UNDERCHILD,
Accused.
x-------------------------------------------------x

JUDICIAL AFFIDAVIT OF GERALD UNDERCHILD

I, GERALD UNDERCHILD, of legal age, Filipino, single and residing in

rd
#12 3 street, Brgy. Maganit, Lasam, Cagayan after having been duly sworn to in
accordance with law, fully conscious that I am answering the following questions
under oath, and that I may face criminal liability for false testimony or perjury and
said judicial affidavit was conducted at the Halog & Tolentino Law Office, located
at Ghostbuster St. Lasam, Cagayan, which taking was done in English which I
clearly speak and understand and that the other information or requirements of
Sec.3, A.M. 12-8-8-SC as explained to me by the administering officer, hereby
deposes and state as follows:

PURPOSE
This affidavit of the accused, Gerald Underchild is being offered to prove
the existence of doubt on the charge of Acts of Lasciviousness against the accused
and deny all the allegations against him.

1. Q: Please state your name and other personal circumstances for the records.
A: I am Gerald Underchild, 22 years of age, single and a resident of Brgy.
Maganit, Lasam, Cagayan.

2. Q: Are you the same Gerald Underchild who is charge of this case?
A: Yes I am.

3. Q: So, Mr. Underchild, where were you on May 1, 2019 at around 9 o’clock
in the evening?
A: I was with my friends, in the house of Mr. Hans Fernando for his
graduation celebration.

4. Q: Who are those friends Mr. Underchild?

 A: They are Mr. Carti, Mr. Pinzon, Mr. Hans and the alleged victim, Bibi
Dimarawi.

5. Q: What were you doing at that time, are you drinking?

A: Yes.

6. Q: Mr. Underchild, what were you all doing during the celebration?
A: We were eating and drinking alcoholic beverages.

7. Q: Can you remember what kind of alcoholic beverages you were all
drinking?
A: Yes, we’re drinking beer.

8. Q: Can you still recall how many bottles of beer you drink that night?
A: Just 2 bottles of beer.

9. Q: How about your friends Mr. Hans and Carti?

A: Around 10 bottles of beer.

10.Q: How about Bibi Dimawari, can you remember if she’s drinking?
A: Yes, she’s drinking fruit juices, but not beer.

11.Q: can you illustrate where were you seated during the celebration?
A: I was seated in front of Bibi and Mr. Carti, and on my side was Mr. Jose.

12.Q: Do you remember what happened during the celebration?

A: Yes, I can remember everything.

13.Q: So what were those things you remembered prior to the incident?
A: Bibi was asking me if I am strong and if junjun is also strong.

14.Q: Do you know what junjun she is talking about?

A: Yes.

15.Q: What did you say to Bibi when she said it?
A: I did not answer her.

16.Q: What happened next if there’s any?

A: She touched my thigh near my private area.

17.Q: What did you do to her?

A: I immediately remove her hand holding my thigh.

18.Q: Do you recall if Bibi was drunk at that time when she did all those things
to you?
A: No, she’s not drunk because she did not even drink a bottle of beer, she
was just drinking fruit juices.

19.Q: What happened after she touched your thigh?

A: She asked Mr. Hans for a room because she said she’s feeling dizzy and
bored.

20.Q: Did Mr. Hans offer him a room?

 A: Yes, he also taught her the direction in going there.

21.Q: Did she ask for your help?

A: Yes, because she said she’s feeling dizzy.

22.Q: What happened afterwards?

A: When we we’re already inside the room, I assisted her to lie down. She
then forcibly grabbed my shirt and then she kissed me. She even tightly
hugged me and I fell down beside her.

23.Q: What did you do after she grabbed you?

A: I vehemently resisted and told her, “hindi tayo talo”

24.Q: What did she do or say after that?

A: She’s still insisting to kiss me and took my hand and put it on her breast
and she said, “dito ka nalang lasing na sila”

25.Q: Then what did you say?

A: I said that she needs to sleep and rest, however, she suddenly stopped and
then shouted for help.

26.Q: What kind of help she’s asking?

A: I don’t know, and suddenly as I stood up, I saw Mr. Hans on the
doorway, he came over and pushed me.

27.Q: What did you do when Mr. Hans pushed you?

A: I said to him, its not what he’s thinking, and I immediately go back to the
garden and I said to Mr. Carti that I’m going home.

28.Q: Is there anything you would like to add to your testimony?

A: None Ma’am. I just want to air my side of what truly transpired based on
what I personally know and witnessed on May 1 and 2, 2019 in the residence
of Mr. Hans.

29.Q: Are you willing to sign this Judicial Affidavit to certify that all the
statements you made are true?
A: Yes ma’am.

---------END OF STATEMENT----------

IN WITNESS WHEREOF, I hereunto signed my name this 3rd day of June

2019 in Lasam, Cagayan.

(sgd.)
Gerald Underchild
Affiant
 SUBSCRIBED AND SWORN TO before me this 3rd day at June 2019 at
the place first abovementioned. Affiant exhibited to me his Valid ID No.
123456789 issued on January 9, 2014, Lasam, Cagayan.

(sgd.)
ATTY. IVY C. TOLENTINO
NOTARY PUBLIC LASAM CAGAYAN
COMISSION No. 2019-1 UNTIL DEC. 31, 2020
IBP No. 0123456 / Lasam, Cagayan / 1.01.19
PTR No. 98765 / Lasam, Cagayan / 1.01.19
Roll No. 12345 / Lasam, Cagayan / 1.05.19
MCLE V Compliance No. 1234 / 03.26.19

ATTESTATION

I, ATTY. IVY C. TOLENTINO, with office address at 123 Ghostbuster

St., Lasam, Cagayan, hereby depose and state under oath:

That I have personally conducted the foregoing examination of the accused-

affiant GERALD UNDERCHILD at 123 Ghostbuster St., Lasam, Cagayan;

That I have faithfully recorded and translated into English language the
questions asked of him and the corresponding answers that he gave in response to
the questions asked;

That neither I nor any other person/s coached this witness-affiant regarding
the answers given by him.

(sgd.)
ATTY. IVY C. TOLENTINO
Affiant

(sgd.)
ATTY. BEBE G. SANCHEZ
NOTARY PUBLIC
for and LASAM, CAGAYAN DEC. 31, 2020
ADMIN. MATTER 2015-292
IBP No. 0887111 / Cagayan / 01.05.19
PTR No. 041415 / Cagayan/ 01.05.19
Roll No. 54321 / Cagayan / 06.08.19
MCLE V Compliance No. 04321

Doc No. 18
Page No. 1

Book No. CLV

Series of 2019