Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 18

Republic of the Philippines

DEPARTMENT OF JUSTICE
Office of the Provincial Prosecutor
Tarlac City

MARITES D. CERA,
Complainant

IS No.
For: Rape
-versus-

JAYFOX MANYILOD,
Accused,
x--------------------------------------------------x

COMPLAINT- AFFIDAVIT

I, Marites D. Cera, 22 years old, born on February 14,


1998, single, with residence at Maliwalo, Tarlac City, after
having been duly sworn to in accordance with law, hereby
depose and state:

PRELIMINARY STATEMENT

That in accordance with A.M. No. 12-8-8-SC, which


prescribes the use of judicial affidavits to serve as the direct
examination testimony of the witness, on the basis of which the
adverse party may conduct their cross-examination on such a
witness, I hereby execute this judicial affidavit in a question
and answer format;
That conformably with section 3 (b) of the said A.M. No.
12- 8- 8-SC, I also state that it, was Atty. _______, counsel of
the Complainant who conducted the examination of the
undersigned affiant at 2nd Floor, La Maja Rica Bldg., MacArthur
Highway, Ligtasan, Tarlac City.
That conformably also with section 3 (c) thereof, I hereby
state under the pain of perjury that in answering the questions
asked of me, as appearing herein below, I am fully conscious
that I did so under oath, and that I may face criminal liabilities
for false testimony or perjury;

AND UNDER OATH, AVERS THE FOLLOWING:

1. Q: Will you state your name and other personal


circumstances?
A: I, Marites D. Cera, 22 years old, born on February 14,
1998, single, with residence at Maliwalo, Tarlac City.

2. Q: Why are you now in my presence?


A: To file a complaint against Jayfox Manyilod.

3. Q. Do you know Mr. Jayfox Manyilod, the person,


against whom you the complaint is?
A. Yes, I knew him.

4. Q: How do you know him?


A. He lives in our barangay, few blocks from our home and
a frequent stand-by in our sari-sari store.

5. Q. Why do you want to file a complaint against him?


A. Because he raped me.

6. Q: When did he raped you?


A: December 25, 2020.

7. Q: Where did he rape you?


A: Inside our home, in my room.

8. Q: Can you narrate how, when and where did he rape


you?
A: On December 25, 2020 at around four (4) in the morning,
I was alone in our home. My parents and my two (2) sisters
were in the church, Jayfox Manyilod entered my room and I
was awakened because he is on top of me. I was scared
and I tried to shout for help but he put his hand in my mouth
and I couldn’t shout for help. He showed me his knife and
pointed it in my face and told me that he will kill me if a
make a noise. I was scared and crying, then he removed my
short and underwear and he inserted his penis inside my
vagina and he raped me.

9. Q: What happen next?


A. He told me not to tell anyone or else he will kill my whole
family.

10. Q. What did you do next?


A. I told my parents when they came home from church.

11. Q: What did your parents do?


A: We went to police station near the plaza and reported the
incident.

12. Q: What happen in the police station?

A: The police officer interviewed me about the incident and


made a report about the incident, and brought me to Tarlac
Provincial Hospital to have a medico legal examination.

13. Q: Did someone in the hospital perform a medico legal


examination on you?
A: Yes.

14. Q: Do you have a medico legal certificate issued on


you?
A. Yes

15. Q. Do you remember who performed the medical


examination?
A. Yes, a lady doctor.

16. Q: Do you know her name?

A: Yes, her name is Dr. Analyn Vintura.

17. Q. Do you remember who performed the medical


examination?
A. Yes, a lady doctor.

18. Q: Do you know her name?


A: Yes, her name is Dr. Analyn Vintura.

19. Q. Do you remember who performed the medical


examination?
A. Yes, a lady doctor.

20. Q: Do you have a copy of the medico legal certificate?

A: Yes

21. Q: Are you willing to sign this affidavit consisting of three


(3) pages, to certify that all the statements you made are
true?

A: Yes

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

IN WITNESS WHEREOF, I hereunto set my hand below


this 27th day of December, 2020at Tarlac City.

Marites D. Cera
Affian
SUBSCRIBED AND SWORN to before me this 27thday
of December, 2020, at 2nd Floor, La Maja Rica Bldg.,
MacArthur Highway, Ligtasan, Tarlac City. Further, I certify that
I personally examined the herein affiant that she voluntarily
executed and fully understood his statements.

Notarial Commission No.


Atty.
Notary Public for TarlacCity
Roll No.
PTR No.
IBP No.
MCLE Compliance No.

Doc No.
Page No.
Book No.
Series of
ATTESTATION
I, Atty.______, counsel of the Complainant,of legal age with
office address at Codiban Barientos Perez Law Office at 2 nd Floor
PTR Building Ligtasan, TarlacCity Marites D. Cera, hereby depose
and states:
That I have personally conducted the foregoing examination to
the witness-affiant at 2nd Floor, La Maja Rica Building, MacArthur
Highway, Ligtasan Tarlac City;
That I have faithfully recorded and translated into English
language the questions asked ofher and the corresponding answers
thatshe gave in response to the questions asked;
Neither I nor any other person/s coached this witness-affiant
regarding the answers given by her.

IN WITNESS WHEREOF, I hereunto set my hand below this


th
27 day of December, 2020 at Tarlac City.

Atty.
Roll No.
PTR No.
IBP No.
MCLE Compliance No. V

SUBSCRIBED AND SWORN to before me this 27th day of


December, 2020, 2nd Floor, La Maja Rica Building, MacArthur
Highway, Ligtasan Tarlac City. Further, I certify that I personally
examined the herein affiant that he voluntarily executed and fully
understood his statements.
Notarial Commision No.
Atty.
Roll No.
PTR No.
IBP No.
MCLE Compliance

Doc no.
Page no.
Book no.
Series of
JUDICIAL AFFIDAVIT

I, Mark Arevalo,38 years old, born on September 8,1982,


single, resident of Magsaysay St., Paniqui, Tarlac, and the
investigator of PNP Tarlac City after having been duly sworn to in
accordance with law, hereby depose and state:

PRELIMINARY STATEMENT

That the person examining me is Atty.____,with law office


address at Codiban Barientos Perez Law Office at 2 nd Floor PTR
Building Ligtasan, TarlacCity. My judicial affidavit is being taken at the
above-mentioned place in the presence of Jerome Guevarra and my
companions.

That the questions are asked in English Language but are


translated in the Tagalog dialect which I speak and fully understand
and I am giving my answers fully conscious that I do so under oath
and I am aware that I may face criminal liability for false testimony or
perjury for false statements made or given by me.

OFFER OF TESTIMONY

The testimony of the witness Mark Arevalo is being offered


to prove the authenticity and genuineness of the Police Investigation
Report (PIR) about the incident on December 25, 2020. He will testify
that he was the Investigating Officer who investigated the case and
personally prepared the PIR.

AND UNDER OATH, AVERS THE FOLLOWING:

1. Q : Mr. witness will you please tell the Honorable Court your
name, age and other personal circumstances?
A : I am Mark Arevalo, 38 years old, and assigned as chief
investigator of Philippines National Police, Tarlac City. I am
the assigned officer when the complaint is filed.

2. Q : Did you personally investigated the matter and filed the


corresponding report?
A : Yes. After the case was filed, we conducted an
investigation.
3. Q : Do you testify that the matters contained in Police
Report No. 1234 dated December 27, 2020, are the
accurate result of your findings?
A :Yes

4. Q : Did you personally prepare the report and


appended your signature therein under the capacity of a
chief investigator?
A : Yes

5. Q : Appearing in the lower portion of the report is a


signature above the name Mark Arevalo can you
recognize the signature?
A : Yes, it is my signature

6. Q : Were you threatened, promised or bribed to do this


testimony?
A : No. I made it voluntarily with my own free will and out
of duty

7. Q:Are you willing to sign this affidavit consisting oftwo


(2) pages, to certify that all the statements you made are
true. A :Yes.

THAT WILL BE ALL FOR THE WITNESS YOUR HONOR

IN WITNESS WHEREOF, I hereunto set my hand below this 4 th


of January 2021, at Tarlac City.

(SGD)Mark Arevalo,
Affiant

SUBSCRIBED AND SWORN TO before me a Notary


Public, for and in the City of Tarlac, the affiant, Mark
Arevaloexhibited to me his current and unexpired driver’s
license numbered L01-5678 valid until January 23, 2022,
bearing his photograph and signature as competent proof of
hisidentity.

Notarial Commission No.


Atty.
Notary Public for TarlacCity
Roll No.
PTR No.
IBP No.
MCLE Compliance No.11,2020

Doc No.
Page No.
Book No.
Series of
ATTESTATION

I, Atty.--------------, of legal age with office address at Codiban


Barientos Perez Law Office at 2nd Floor PTR Building Ligtasan,
TarlacCity, do hereby certify that:

That I have personally conducted the foregoing examination to


the witness-affiant at the address mentioned above;

That I have faithfully recorded and translated into English


language the questions asked of him/her and the corresponding
answers that he/she gave in response to the questions asked;

Neither I nor any other person/s coached this witness-affiant


regarding the answers given by him.

IN WITNESS WHEREOF, I hereunto set my hand below this 4 th


of January 2021, at Tarlac City.

(SGD) Atty.
Notary Public for TarlacCity
Roll No.
PTR No.
IBP No.
MCLE Compliance No.
dated April 11,2020

SUBSCRIBED AND SWORN TO before me a Notary Public,


for and in the City of Tarlac, the affiant, Mark Arevaloexhibited to me
his current and unexpired driver’s license numbered L01-5678 valid
until January 23, 2022, bearing his photograph and signature as
competent proof of hisidentity.
Notarial Commision No.
Atty.
Roll No.
PTR No.
IBP No.
MCLE Compliance No.
dated April 11,2020

Doc no.
Page no.
Book no.
Series of
JUDICIAL AFFIDAVIT

I, Analyn Vintura,32 years old, born on January 8,1988,


single, resident of Tandang Sora, Paniqui Tarlac and the Resident
Physician of Central Luzon Doctor’s Hospital after having been duly
sworn to in accordance with law, hereby depose and state:

PRELIMINARY STATEMENT

That the person examining me is Atty.____,with law office


address at Codiban Barientos Perez Law Office at 2 nd Floor PTR
Building Ligtasan, TarlacCity. My judicial affidavit is being taken at the
above-mentioned place in the presence of Maria Manio and
mycompanions.

That the questions are asked in English Language but are


translated in the Tagalog dialect which I speak and fully understand
and I am giving my answers fully conscious that I do so under oath
and I am aware that Imay face criminal liability for false testimony or
perjury for false statements made or given by me.

OFFER OF TESTIMONY
The testimony of the witness Analyn Vintura is being offered
to prove the authenticity and genuineness of the Medical Reports
(MRs) about the physical condition and medical procedures
performed after the incident on December 25, 2020. She will testify
that she conducted medical examination to the victim Marites Cera.

AND UNDER OATH, AVERS THE FOLLOWING:

1. Q: Mr. witness will you please tell the Honorable Court your
name, age and other personalcircumstances?
A: I am Dr. Analyn Vintura, 32 years old and a resident
physician of Central Luzon Doctor’s Hospital (CLDH). I am the
person who conducted medical examination and performed
medical procedures to the victim Marites Cera.

2. Q : Did you personally execute a medical report on


December 26, 2020?
A :Yes.

3. Q : I am holding now in my right hand a medical report can


you recognizethis?
A : Yes . That was the medical report I executed on December
26, 2020.

4. Q : In the lower portion of the medical report is a signature in


the above name Dr. Analyn Vintura, do you recognize this
signature?
A :Yes, That is my signature.

5. Q : Did you personally prepare the report and appended your


signature therein under the capacity of a residentphysician?
A : Yes

6. Q : Do you testify that the matters contained in Medical


Report No. 1234 dated December 26, 2020 are the accurate
result of your findings?
A :Yes

7. Q : Were you threatened, promised or bribed to do this


testimony?
A : No. I made it voluntarily with my own free will and out of
duty

8. Q : Are you willing to sign this affidavit consisting of two (2)


pages, to certify that all the statements you made aretrue.
A : Yes.

THAT WILL BE ALL FOR THE WITNESS YOUR HONOR

IN WITNESS WHEREOF, I hereunto set my hand below this 4thday


of January, 2021, at Tarlac City.

(SGD) Analyn Vintura


Affiant

SUBSCRIBED AND SWORN TO before me a Notary Public,


for and in the City of Tarlac, the affiant, Analyn Vintura,exhibited to
me his current and unexpired driver’s license numbered L01-6678
valid until January 27, 2022, bearing his photograph and signature as
competent proof of hisidentity.

Notarial Commission No. 456-2012


Atty.
Notary Public for TarlacCity
Roll No. 56274
PTR No.1099910-J/01-04-2020
IBP No.1017158/01-04-2020
MCLE Compliance No.V 0020347
dated April 11,2020
Doc no.
Page no.
Book no.
Series of
ATTESTATION

I, Atty.----------------of legal age with office address at Codiban


Barientos Perez Law Office at 2nd Floor PTR Building Ligtasan,
TarlacCity, do hereby certify that:

That I have personally conducted the foregoing examination to


the witness-affiant at the address mentioned above;

That I have faithfully recorded and translated into English


language the questions asked of him/her and the corresponding
answers that he/she gave in response to the questions asked;

Neither I nor any other person/s coached this witness-affiant


regarding the answers given by him.

IN WITNESS WHEREOF, I hereunto set my hand below this 4 th


day of January, 2021,at TarlacCity.

Notarial Commission No. 456-2012


Atty.
Notary Public for TarlacCity
Roll No. 56274
PTR No.1099910-J/01-04-2020
IBP No.1017158/01-04-2020
MCLE Compliance No.V 0020347
dated April 11,2020

SUBSCRIBED AND SWORN TO before me a Notary Public,


for and in the City of Tarlac, the affiant, Analyn Vintura, exhibited to
me his current and unexpired driver’s license numbered L01-6678
valid until January 27, 2022, bearing his photograph and signature as
competent proof of hisidentity.

Notarial Commision No.


Atty.
Roll No.
PTR No.
IBP No.
MCLE Compliance No.
dated

Doc no.
Page no.
Book no.
Series o
VERIFICATION

I, MARITES D. CERA, after having been sworn to in


accordance with law hereby depose and say THAT:

1. I am the herein namedplaintiff;

2. The allegations in the pleading are true and


correctbased on his or her personal knowledge, or
based on authentic documents;

3. The pleading is not filed to harass,


causeunnecessary delay, or needlessly
increase the cost of litigation;and

4. The factual allegations therein have evidentiary


supportor, if specifically, so identified, will likewise
have evidentiary support after a reasonable
opportunity fordiscovery.

IN WITNESS WHEREOF, I have hereunto set my hand


this 27th day of December 2020, at Tarlac City, Philippines.

SUBSCRIBED AND SWORN TO before me a Notary


Public,for and in the City of Tarlac, the affiant, Marites D. Cera
exhibited to me his current and unexpired driver’s license
numbered L01-123456 valid until May 1, 2022, bearing his
photograph and signature as competent proof of hisidentity.

Doc No.: Atty:


Page No. Notary Public for Tarlac City
Book No. Notarial Commission No.
Series . PTR No.
IBP Life Member Roll
MCLE Compliance No.
Issued at TarlacCity
CERTIFICATION AGAINST FORUM SHOPPING

I, MARITES D. CERA, after having been sworn to in


accordance with law hereby depose and say THAT:

1. I am the herein namedplaintiff;

2. I have caused the preparation and filing of the


foregoing complaint, that I have read the allegations
therein, and that they are true and correct of my own
personal knowledge and belief and based on
authenticdocuments;

3. Otherthantheforegoingcomplaint,Ihavenotcommen
ced any other action or proceeding involving the same
issue before the Supreme Court or Court of Appeals or
any divisions thereof or before any tribunal or agency
and that, to the best of my
knowledge,thereisnosuchactionorproceedingpendingbef
ore anytribunal;

4. If other than the foregoing complaint, I should


learn that a similar action or proceeding has been filed
or is pending in any tribunal, I will notify this Honorable
Court of the same withinfive
(5) days from such notice.

IN WITNESS WHEREOF, I have hereunto set my hand


this 27th day of December 2020, at Tarlac City, Philippines.

SUBSCRIBED AND SWORN TO before me a Notary


Public,for and in the City of Tarlac, the affiant, Marites D. Cera
exhibited to me his current and unexpired driver’s license
numbered L01-123456 valid until May 1, 2022, bearing his
photograph and signature as competent proof of hisidentity.

Doc No.: (SGD)Atty.


Page No. Notary Public for Tarlac
Book No. City Notarial Commission No.
Series of. PTR No.
IBP Life Member Roll
MCLE Compliance No.
Issued at

You might also like