REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

Fifth Judicial Region
Branch 6
Legazpi City
PEOPLE OF THE PHILIPPINES
Plaintiff ,
-versus-

CRIMINAL CASE NO: 2222

FOR: MURDER

JUAN DEL A CRUZ

Accused.
-------------------------------------x

JUDICIAL AFFIDAVIT
I, JUAN DEL A CRUZ , of legal age, Filipino, single and
currently detained at Legazpi City Jail, Legazpi City Albay after
having duly sworn to in accordance with law, hereby depose and say:

PREFATORY STATEMENT
The person examining me is Atty. MARIA ROMINA BALEZA
GUMA with offi ce address at GUMAL L AW OFFICE, Legazpi City,
Albay. The examination is being held at Legazpi City Jail, Legazpi City
Albay. I am answering his questions fully conscious that I would have
to swear under oath that the answers I have given to the questions
propounded are true and accurate based on my own personal knowledge
or authentic records, and that I may face criminal liability for False
Testimony or Perjur y should I lie therefore.

1. Question: What is your name and age?

Answer: JUAN DEL A CRUZ, 27 years old.
2. Question: Where do you reside?
Answer: Bonot, Legazpi City Albay.

Judicial Affidavit

JUAN DEL A CRUZ

Page 2 of 7

3. Question: Do you swear to tell the tr uth, the whole truth and
nothing but the truth before me?
Answer: Yes, Atty.
4. Question: Do you understand that if you commit falsehood you might
be prosecuted for false testimony or perjur y?
Answer: Yes, Atty.
5. Question: Mr. Dela Cruz you are the accused in the Criminal Case
No. 2222 for the crime of murder and entitled People of the
Philippines vs. Juan Dela Cruz, right?
Answer: Yes, Atty.
6. Question: Are you aware of the charges fi led against you?
Answer: Yes, Atty.
7. Question: Do submit to the said charges?
Answer: No Atty. I dont. It wasnt intentional, it was an
accident.
8. Question: Do you know Maria Mahinhin, the victim in the criminal
case fi led against you?
Answer: Yes, Atty.
9. Question: What is your relationship to Maria Mahinhin?
Answer: She is my girlfriend Atty.
10. Question: You said a while ago that you did not intentionally kill
Maria and it was an accident, do you have proof on such statement?
Answer: Yes Atty. I do. The incident of Marias death was
witnessed by our common friend Pedro Paterno.
11.

Question: Do you know the whereabouts of this Pedro Paterno?

Answer: Yes Atty. He is a resident of Pilar Sorsogon.

12. Question: Mr. Dela Cruz, do you recount the incident of the death
of Maria Mahinhin?

Judicial Affidavit

JUAN DEL A CRUZ

Page 3 of 7

Answer: Yes Atty. I do.

13.

Question: Can you nar rate to me the incident of her death?

Answer: Yes Atty. It was on Valentines Day, February 14,
2016 around 8 oclock in the evening. I went to the house of
Maria in Rawis Legazpi City to surprise her with roses and
chocolates. Because I usually visit her, the housemaid, Lisa
allowed me to go directly to her room in the second fl oor of
their house. As I was about to enter her room I heard Maria
crying and a familiar voice.

14. Question: What did you do after you hear Marias cr ying and the
familiar voice?
Answer: I got worried of Marias crying and so I opened the
door. And I found Maria sitting on the fl oor crying and
begging Pedro Paterno who was also inside the room and
violently pointing a knife to Maria to stop.
15.

Question: What did you do after witnessing this situation?

Answer: Because of Pedros violent expression while pointing
a knife to Maria I immediately grab Pedros hands to take
away the knife from him but Pedro resisted me and the knife
fell on the fl oor. But Pedro did not stop he tried to strangled
me and so Maria hit him with a vase from behind. Pedro
then turned his attention to Maria and grabs her on her
waist.

16.

Question: What happened next?

Answer: As I regain my strength from the strangling and
found Pedro grabbing Maria by her waist I immediately
looked for the knife and when I found the same I stab it
directing to Pedro but to my surprise Pedro used Maria to
block my attack. It was Maria that I stab.

17.

Question: What happened next?

Answer: Pedro jumped from the window of Marias room and run while
I sat next to Maria who was bleeding from the stab wound. I was in
panic. I was crying, I was scared and I dont know what to do because I
know that it was me who stabbed her. I was afraid I will be accused of

Judicial Affidavit

JUAN DEL A CRUZ

Page 4 of 7

killing her and Pedro already run away. And so I thought it would be
better if I just run and hide.
18.

Question: What did you do next?

Answer: I jumped out of the window. I run away. I went to
my apartment in Bonot and packed my belongings and
proceeded to the bus terminal. I went home in Camarines
Norte.

19.

Question: What happened next?

Answer: I did not tell anyone from my family about the
incident. But on February 28, 2016 two policemen came to
our house and arrested me. They told me I have a warrant of
arrest and I was detained. Later on I found out that a
murder case was fi led against me by the parents of Maria
and Lisa the housemaid was their witness.

20. Question: Mr. Dela Cruz from your statement are you telling me
that you have no intention of killing Maria but instead you were
only trying to defend or protect her from harm against Pedro
Paterno?
Answer: Yes. Atty. I dont have any intention of killing
Maria. She s my girlfriend and I love her so much, why
would I kill her.
21. Question: Mr. Dela Cruz do you have any statements to add in
your Judicial Affi davit?
Answer: No, Atty. I dont have any statements to add as of
this time.
[The Judicial Affi davit is being printed]
22. Question: Are you willing to swear under oath that all your
answer in this Judicial Affi davit are all true and correct to the best
of your knowledge and/or available records?
Answer: Yes, Atty.
[End of Statement]
IN WITNESS WHEREOF, I have hereunto set my hand this 14 th day
of May, 2016 in the City of Legazpi, Philippines.

Judicial Affidavit

JUAN DEL A CRUZ

Page 5 of 7

JUAN DEL A CRUZ

Affiant
COMELEC VIN NO: 1111111
SUBSCRIBED AND SWORN TO before me this 14 th day of May,
2016at Legazpi City. Affi ant personally appeared. Affi ant further exhibited
to me to his competent proof of identity through the document written below
his name, pursuant to Rule 2, Sec. 12 (a) of the 2004 Rules on Notarial
Practice.

Doc. No.___;
Page No.___;
Book No. __;
Series of 2016.

A T T E S T A T I O N

I, Atty.MARIA ROMINA BALEZA GUMAL , with offi ce address at

GUMAL L AW OFFICE, Legazpi Cit y, Albay attest under oath that:

Judicial Affidavit

JUAN DEL A CRUZ

Page 6 of 7

1. I personally conducted the examination of JUAN DEL A CRUZ the

affi ant in this inter view;

2. I faithfully recorded the questions I posted to JUAN DEL A CRUZ

and the cor responding answer he gave; and

3. Neither I nor any person then presents coached JUAN DEL A CRUZ
on the answers he gave.

Atty.MARIA ROMINA BALEZA GUMAL

R oll No: 00000
SUBSCRIBED AND SWORN to before me on this _____________ at
Legazpi City, affi ant personally appeared and exhibited her valid IBP ID
with Roll No. 59062.
Doc. No. ___;
Page No. ____;
Book No. ____;
Series of 2015.