REPUBLIC OF THE PHILIPPINES

Regional Trial Court

Ninth Judicial Region

Zamboanga City, Branch 13

THE PEOPLE OF THE PHILIPPINES,

Plaintiff,

-versus- CRIMINAL CASE NO.__________

For:

Mr. X RAPE DEFINED UNDER

Of Brgy. Recodo, Zamboanga City ARTICLE 266-A, PARA
Accused, GRAPH 1,IN RELATION
TO ARTICLE 266-B,AS AMENDED BY
REPUBLIC
ACT NO. 8353 KNOWN AS
“THE ANTI-RAPE LAW OF
1997”
X------------------------------------X

JUDICIAL AFFIDAVIT OF:

PAOLO PACUNDO

This Judicial Affidavit of Mr. Paolo Pacundo is executed to serve as his direct testimony in the
instant case.

This judicial affidavit is being offered to prove the following:

1. The presence of Mr. X on the house of Miss A in the morning of September 23, 2019
2. The suspicious act of Mr. X upon leaving the house of Miss A
3. That he is a witness to the crime committed by Mr. X
4. All other allegations, facts, circumstances relevant and material to this case.

This judicial affidavit was taken at the office of Atty. Kevin John Bello at Unit 3456, La Purisima
St. Zamboanga City.
 Questions were propounded by Atty. Kevin John Bello and these questions are numbered
consecutively and each question is followed by the answer of the witness.

1. Do you swear to tell the truth and nothing but the truth?
I do.

2. Are you aware that you may face criminal liability for false testimony or perjury if you will not
tell the truth?
I’am.

3. Please state your name, address and occupation

I am Paolo Pacundo, 35 years of age, a storeowner, residing at _____________

4. Where were you on the morning of September 23, 2019?

I was in front of my store, sweeping the leaves out as I am about to open it.

5. Was this your regular routine every morning?

Yes, every morning before opening my store I sweep the leaves out and greet my neighbors as
I am very well familiar to them

6. Do you know Miss A?

I know her and her family as they are one of my neighbors

7. How far is your store from the house of Miss A?

About 15 meters apart only

8. Is there any other house or obstruction between your store and the house of Miss A?
None, the house of Miss A can be clearly seen from my store as it is only in front of it but
about 15 meters apart.

9. At around 7am did you notice anything in the house of Miss A?

Yes, I saw Mr. X delivering the milk

10. Do you know Mr. X?

I know Mr. X, everyone in the neighborhood is familiar to me, including Mr. X who is regularly
delivering milk in our community.

11. What happened then when you saw him delivering the milk in the house of Miss A?
I saw him knocking on the door of Miss A’s house, then I turned back to my store

12. Did you notice anything unusual after that?

Yes, as it was my turn to be delivered a glass of milk, it took Mr. X some time which is out of
the usual as he is merely leaving the milk in the house. I started to be curious.

13. What did you noticed then?

 To my surprise, 30 minutes after seeing him knocking on the door of Miss A, I saw him getting
out of the house of Miss A while fixing himself and buttoning his trousers. He was in a hurry
that time.

14. What did you do then?

I called his attention and asked for my milk but he ignored me. After that I just ignored it also.

15. At around 9am, where were you?

I was still at my store fixing my goods

16. Did you notice anything in the house of Miss A after Mr. X left?
I saw the brother of Miss A walking towards their house

17. What happened then?

When the brother entered their house I heard a shout for help, I quickly rushed to their house
and saw the brother of Miss A holding her in his shoulder naked and crying for help.

18. How would you describe Miss A in the arms of her brother?
She was very weak and she was complaining of body pain as well as pain in her private organ.
We quickly rushed her to the hospital then.

Affiant further sayeth naught.

IN WITNESS WHEREOF, I have hereunto set my hands this 26 th day of September 2019,
City of Zamboanga, Philippines.

PAOLO PACUNDO
Affiant

SUBSCRIBED AND SWORN to before this 26th day of September 2019, City of
Zamboanga, Philippines.

City Prosecutor

CERTIFICATION
This is to CERTIFY that I have personally examined the herein affiant and that I am fully
satisfied that they voluntarily executed and understood the content of his Judicial Affidavit.

City Prosecutor