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

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 resident 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 personal circumstances for the record?
Answer: I, Maria Gracia Martin y Gonzales, a minor, 11 years of age, and with resident 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 living with my
stepfather Demetrio Salazar.

Question 3: How long have you been 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, 2017 in Brgy
2, Santiago City?
Answer: On or about the 28th day of December 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 still at large(removed), 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: 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, especially to my mother, but I was afraid
because she threatened me that she will kill us all, including my mother and my two
siblings.
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 two
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. 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 p o l i c e t o o k m y s w o r n s t a t e m e n t , a c o p y o f w h i c h i s
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

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. PEDRO SANTIAGO

Notary Public
My Commission Expires Dec. 31, 2013
Roll of Attys. No. 654321
IBP No. 100771, 1/2/2018
PTR No. 127602, 1/7/2017, Santiago City

Doc. No. 1234

Page No. 56
Book No. 7
Series of 2013

Note: The accused must have been arrested in order that the court will have
jurisdiction over the person of the accused, otherwise no TRIAL can be had.