Republic of the Philippines

Regional Trial Court

BRANCH 58, CEBU CITY
7th Judicial Region

PEOPLE OF THE PHILIPPINES

Plaintiff.

CRIM CASES NO. 458

- versus -

FOR: RAPE
JASON L. KHO
Accused.
x---------------------------------------------------x

JUDICIAL AFFIDAVIT
OF
LEONARDO V. DUMLAO
This Judicial Affidavit of LEONARDO V. DUMLAO, the chief officer of the
Barangay Peace and Security Officers of Brgy. Nasipit, Talamban, Cebu City, is
executed to serve as a testimony to the instant case.
This Judicial Affidavit was taken at the office of Atty. Wella Jane D. Ata
at #12 Dr. Su Drive, Nasipit, Talamban, Cebu City. Questions were
propounded by the same and the examination was conducted in English and
Filipino, the languages that were used and understood by the Affiant. Each
question is followed by the answer of the witness.
Affiant answered each question fully conscious that she did so under oath and
may face criminal liability for false testimony and perjury.
Q1:
A1:

Q2:

Please state your name, age, address and other personal circumstances
for the record.
I am Leonardo V. Dumlao, 48 years of legal age, married and currently
residing at #12 Margarita St., Blk. 2 Diwa Homes, Nasipit, Talamban,
Cebu City. I am one of the barangay tanods who responded at the scene
of the crime on August 25, 2014.

A2:

Would you please state the reason why you were present at the
apartment unit of the victim on the night of August 25, 2014?
We were informed Maam, that there was a woman crying for help
inside one of the apartment units in the neighborhood where we were
assigned for night duties, Maam. She was screaming.

Q3:

Who informed you about the incident?

A3:

Mrs. Juliana Tevez, the woman who lives on the second floor of the
apartment, Maam.

Q4:

When Mrs. Tevez reported to the tanods, who was she suspecting was
inside the apartment unit where the screaming was heard from?
She had no idea Maam. The screaming sounded as if it was suppressed.
But she also heard the sounds of shattered glasses and loud pounding
on the walls. But she suspected that the sounds were coming from the
apartment unit on the first floor.

A4:

Q5:
A5:

What did you do when you reached the vicinity of the apartment units?
There were four of us who went to the units Maam. The area was
quiet, until we heard a faint sound of a woman crying, saying,
Ayawayawmaluoy ka! We traced where the sound was coming
from and confirmed that indeed it was coming from the unit just below
Mrs. Tevez.

Q6:
A6:

What did you do after the confirmation?

We knocked Maam and asked the woman if she was okay. But she
screamed even louder. Right after screaming, we heard a sound, as if
she was hit somewhere.

Q7:
A7:

When you heard her scream, what were your thoughts at that time?
That she was in danger, Maam.

Q8:

What did you do after that? Would you please recount what happened
after thinking that the woman inside was in danger?
We decided to break in Maam. Because the door was locked, we
ultimately broke the front door so we could get in.

A8:
Q9:
A9:

When you got inside the apartment unit, what did you see?
We saw the woman Maam. Shes on the floor in the living room, lying
unconscious. Her clothes were torn and scattered. She doesnt have
anything on the lower part of her body.

Q10: When you saw her on that position, what exactly came to your mind?
A10: The woman was raped Maam because she didnt have her undies on.
Q11: Why did you think it was rape when you didnt catch the accused on the
point of actually raping her?
A11: The pants of the accused were not safely tucked, Maam. He got
scratches on his arms, his face and chest. He didnt have his shirt on
either.
Q12: When you successfully got inside the living room, what was the position
of the accused?
A12. He was still on top of the woman, Maam. He was holding a broken
flower vase on his hand.
Q13: Why do you think he was holding a vase?
A13: We suspected she hit the victims head with that vase. She was bleeding

on the side of her head and shes unconscious.

Q14: Upon suspecting that it was rape, what did you do right after?
A14: I told my colleagues to pin the accused down until the police would
come. We immediately called the station, while the others got a taxi to
transport the victim immediately to the hospital.
Q14: During the police investigation, or at the instance you were able to
discuss with the people present at that time, what did you learn about
the relationship of the accused and the victim?
A14: Mrs. Tevez informed us that the accused have been visiting the victim
often in the past. She is not sure how the victim is related to the
accused.

IN WITNESS WHEREOF, I have hereunto set my hand this 25th day of

November 2014 at Cebu City.

LEONARDO V. DUMLAO
Barangay Peace and Security Officer
Brgy. Nasipit, Talamban, Cebu City

SUBSCRIBED AND SWORN to before me, this 25th day of November

2014 in Cebu City, affiant being personally known to me to be the same
person who executed this Judicial Affidavit and exhibiting to me his Driver's
License bearing No. K04-00-01243 expiring on 08/17/2015.

Doc. No. 141;

Page No. I;
Book No. VIII;
Series of 2014

ATTY. SOCCORO L. BLANCO

NOTARY PUBLIC
UNTIL DEC. 31, 2017
ATTYS ROLL NO. 51945
IBP NO. 295413 JANUARY 2012
ISSUED AT CEBU CITY

ATTESTATION
I, WELLA JANE D. ATA, of legal age, Filipino, single, with residence at
#12 Dr. Su Drive, Nasipit, Talamban, Cebu City, and a practicing lawyer, after
having been duly sworn to in accordance with law, hereby depose and state
THAT:
I am the one who conducted and supervised the examination of the
herein complainant-affiant of this Judicial Affidavit.
I faithfully recorded or caused to be recorded the question I asked and
the corresponding answers that the herein complainant-affiant provided.
Neither I, nor any other person then present or assisting the
complainant-affiant, coached regarding his answers to the questions asked.

ATTY. WELLA JANE D. ATA

Counsel for Plaintiff/Affiant
IBP OR No. 780324 12-29-13
Roll No. 25631
MCLE Compliance III 0000876 10-22-11
LTO Drivers License No. KO4-00-03465
Expiry date: 06/15/2015

SUBSCRIBED AND SWORN to before me this November 25,

2014 at Cebu City, Affiant exhibiting to me her Drivers License bearing No.
KO4-00-03465 expiring on 06/15/2015.

Doc. No. 140;

Page No. I;
Book No. VIII;
Series of 2014
Copy furnished:
ATTY. DANILO B. VITUG
Counsel for the Accused
556-B Don Ramon Tower,
Guadalupe, Cebu City

ATTY. SOCCORO L. BLANCO

NOTARY PUBLIC
UNTIL DEC. 31, 2017
ATTYS ROLL NO. 51945
IBP NO. 295413 JANUARY 2012
ISSUED AT CEBU CITY