Republic of the Philippines

REGIONAL TRIAL COURT

Br 20 RTC Santiago City

People of the Philippines Criminal Case No.20-123

Plaintiff. For

v.
Demetrio Salazar RAPE (Art 266 of RPC)
Accused.

JUDICIAL AFFIDAVIT

I, Demetrio Salazar y Manalo, 45 years old, single and a resident of Brgy 2,

Santiago City, after having been sworn to in accordance with law, do hereby
depose and state that:

Person interrogating me is Atty Markleonard Mercado of Public Attorney’s

Office Santiago City, who conducts this investigation/interrogation held at his
office at Santiago City.

I am answering these questions fully conscious that I do so under oath, and

may face criminal liability for false testimony or perjury.

Question 1: Mr Salazar, kindly state your name and other personal

circumstances for the record?
Answer: I, Demetrio Salazar y Manalo, 45 years old, single, tricycle driver
and a resident of Brgy 2, San Mateo, Isabela and currently residing in Brgy 2,
Santiago City.

Question 2: Did you know what was happened on December 28, 2016 in
Brgy 3, Cordon, Isabela?
Answer: None sir but I was at our neighbor’s house .

Question 3: Why was that you were there that time?

Answer: Because there was a birthday party there, sir.

Question 4: Why was you were there in Brgy 2, Santiago City when in fact
you are a resident of Brgy 3., San Mateo, Isabela?
 Answer: Because I and Santa Clara, the mother of Maria Gracia, were living
without the benefit of marriage sir.

Question 5: In short, you and her were living as live-in partner, am I correct?
Answer: Yes Sir.

Question 6: For how long have you been as live-in partner, if you could still
recall?
Answer: I think, it’s almost seven (7) years, sir.

Question 7: On that duration of your stay with her, did she gives birth?
Answer: None, sir. But she has children of minor age.

Question 8: Kindly name them?

Answer: They are Sheila Martin, John Martin and Maria Gracia Martin, sir.

Question 9: During your stay in Brgy 2, Santiago City, did anyone came and
visited there?
Answer : There were, sir.

Question 10: Who were they, if you could still recall?

Answer: They were our neighbors sir and others who were classmates of
Maria Gracia Martin.

Question 11: Those you have enumerated, who were the persons who were
frequently coming in that house?
Answer: He was Peter Malibog, sir.

Question 12: And who is this person you are referring?

Answer: He was the long time classmate of Maria Gracia Martin, sir.

Question 13: Why did you tell that?

Answer: Because every day he used to visit Maria Gracia sir.

Question14: How long did it take when he is visiting Maria Gracia?

Answer: I think, it takes five (5) hours. Because he comes at 7:00 PM and
goes out at midnight. It was his usual visit, sir.

Question15: Are you aware that you are charged before this court of rape?
Answer: Yes sir, I know.
 Question16: What is the reason why Ms Martin charged you for rape?
Answer: She alleged that I have a carnal knowledge with her.
Question17: Is there a proof that this charge against you may be rebutted?
Answer: There is sir.

Question18: And what is it?

Answer: The testimony of our neighbor who was my companion when we
had a drinking spree, sir.

Question19: Are you a drunkard person?

Answer: Yes, sir.

Question20: Last question, where did you sleep on the night of December
28, 2016?
Answer: At our neighbor’s house in Brgy 2, Santiago City, sir.

Question21: Are you willing to sign this judicial affidavit that you have
executed before me?
Answer: Yes, sir.

In Witness Whereof, I have hereunto set my hand this 1st day of February
2017 Santiago City.

Demetrio Salazar
Affiant

SUBSCRIBED AND SWORN to before me this 1st day of February 2017 in the City of
Santiago,by Demetrio Salazar, exhibiting to me his Identification Cards with Numbers.

ATTY MARKLEONARD MERCADO

Public Attorney’s Office
Santiago City

Doc. No. 1234

Page No. 56
Book No. 7
Series of 2013
 Republic of the Philippines
DEPARTMENT OF JUSTICE
NATIONAL PROSECUTION SERVICE
OFFICE OF THE CITY PROSECUTOR
SANTIAGO CITY

Maria Gracia Gonzales Martin Criminal Case No.20-123

Complainant For Versus

Demetrio Salazar STATUTORY RAPE (Art 266 of RPC)

Accused

JUDICIAL AFFIDAVIT

I, Maria Gracia Martin y Gonzales, a minor, 11 years of age, and with residence at Brgy 2, Santiago City, after
having been sworn to in accordance with law, do hereby depose and state that:

The Person interrogating me is Atty. Mary Grace R. Martin of the Office of the Provincial Prosecutor of
Santiago City, who conducts this investigation/interrogation held at her Office at Santiago City.

I am answering these questions fully conscious that I do so under oath, and may face criminal liability for
false testimony or perjury.

Question 1: Miss Martin, kindly state your other personal circumstances for the record?
Answer: I, Maria Gracia Martin y Gonzales, a minor, 11 years of age, and with residence at Brgy 2,
Santiago City, and a Grade 6 student at Pinagpala National High School.

Question 2: Where do you live?

Answer: After my parents’ separation, I am now living with my mother, who is already living with my
stepfather.

Question 3: How long you have been living with your stepfather?
Answer: We’ve been staying in one roof for seven (7) years.

Question 3: How do you describe your relationship with your stepfather?

Answer: We are in good terms with each other. He has been so kind. He buys me clothes, toys and food.
He treats me like his own daughter.

Question 4: What does your mother do for a living?

Answer: My mother works as a household helper in the house of her friend in Santiago City.

Question 5: Does your mother go home every afternoon from work?

Answer: No Ma’am.

Question 6: How often do you get to see her?

Answer: She used to go home every Saturday afternoon and goes back to work every Monday morning.

Question 7: Who is with you when your mother is out for work?
Answer: I, together with my two younger siblings, are with the care of my stepfather.
Question 8: Kindly narrate what was really happened on that date on December 28, 2016 in Brgy 2,
Santiago City?
Answer: On or about the 28th day of December 18, 2016, at about 10:00 o clock in the evening more or less
at our residence, Brgy 2, City of Santiago, Philippines, and within the jurisdiction of the Honorable Court,
the above-named accused, who is arrested, with abuse of confidence being her step father, entered my
bedroom where I was sleeping, with lewd designs, did, then and there, willfully, unlawfully and feloniously,
cover my mouth and by means of force, threat and intimidation, and taking advantage of his superior
strength, undressed me, took off my shorts and panty, place on top of me and have sexual intercourse
with me all against my will.

Question 9: In short, there was a rape happened?

Answer: Yes, Ma’am.

Question 10: How could you tell that he managed to rape you?
Answer: He was able to have a carnal knowledge with me by means of force, threat or
intimidation.

Question 11: How did he do this unto you?

Answer: He inserted his penis to my private part, Ma’am.

Question 12: And what did you feel with that moment?
Answer : I felt pain.

Question 13: Is there a force coming from him when he managed to rape you?

Answer: There was. He punched me on my stomach which caused me to lose my strength while he
was holding a knife.

Question 14: What else did he do in raping you?

Answer: He even forcedly grabbed my panty resulting it to be torn.

Question 15: Is there anyone who saw what happened?

Answer: No one. My younger brother and sister were sleeping beside me when he raped me.

Question 15: After the incident did you not even bother to tell to your mother or report to the police?

Answer: I would like to tell what happened, specially to my mother, but I was afraid because she
threatened me that she will kill us, including my mother and my younger brother and sister..

Questions 16: Are there any incidents which gave you an untoward feeling against him?

Answer: My stepfather is a drunkard. He is drunk most of the times whenever he gets home. Then
he beats my mother and my siblings every time he is drinking with his friends. I feel bad whenever I see
him doing it to them.

Question 17: Did you not even foresee that he would do this to you?

Answer: No. I never expected that he would do such thing because as I have said he has been constantly
kind.

Questions 18: Then why did you manage to stay live with him?

Answer: Because I have nowhere to go and I cannot manage to leave my mother and my siblings.

Question 19: What made you decide to report the incident?

Answer: I am afraid that he might do it also to my younger sister. I was scared to tell it to my mother, but I
have to strengthen my faith for them

Question 20: To whom did you tell about the incident?

Answer: I informed my mother about the rape two days after. Appalled by what happened, she then
brought me to the police station and report the crime committed by Salazar against my person. T h e
police took my sworn statement, a copy of which is hereto attached and made an
integral part hereof as Annex “ Thereafter, I was examined by their medico-legal officer. A
copy of the Medico-Legal Report is likewise hereto attached and made an integral part hereof
as Annex “

Question 20: I have nothing more questions to ask, will you sign your affidavit?

Answer : Yes Ma’am.

In Witness Whereof, I have hereunto set my hands this 1st day of February 2017 at Santiago City, Philippines

MARIA GRACIA GONZALES MARTIN

Complainant-Affiant

SUBSCRIBED AND SWORN to before me this 1st day of February 2017 in the City of Santiago,by Maria Gracia
Gonzales Martin, exhibiting to me her Identification Cards with Numbers.

ATTY. MARY GRACE R. MARTIN

City Prosecutor

Doc. No. 1234

Page No. 56
Book No. 7
Series of 2013