REPUBLIC OF THE PHILIPPINES

NATIONAL CAPITAL JUDICIAL REGION

REGIONAL TRIAL COURT
BRANCH 12
QUEZON CITY

PEOPLE OF THE PHILIPPINES,

Plaintiff,

CRIMINAL CASE NO.: 19128-02

-versus- FOR: RAPE

JACK ULIN M. KHO,

Respondent.
x-----------------------------------------x

JUDICIAL AFFIDAVIT OF PINING G. GARCIA

I, PINING G. GARCIA, Filipino, of legal age, single, a student and a resident of

#08 Primero de Mayo Street, San Isidro, Marilao, Bulacan, after having been sworn
to in accordance with law, do hereby depose and state that:

This Judicial Affidavit is executed to serve as my direct testimony in the instant

case. This is being offered for the following purposes:

A.) To prove the allegation of rape against respondent JACK ULIN M. KHO

B.) To prove that the complaint for rape I filed is meritorious, hence, the same should
be given due course and ultimately granted in my favor;

C.) To corroborate all the other allegations in the complaint including all annexes
appended thereto as well as the exhibits to be marked during the Pre-Trial of this case;
and

D.) To substantiate all other related matters, facts and circumstances relevant and
material to this case.

Atty. NAT YET is the counsel who conducted and supervised my examination as
the complainant, at counsel’s office at Unit 123, OPQ Bldg., RST Street, Cubao, Quezon
City.

I am answering the questions herein fully conscious that I do so under oath

and that I may be criminally liable for false testimony or perjury.

1. Q: Please state your name and other personal circumstances for the record.
A: I am Pining G. Garcia, 19 years old, single, living in No. 08 Primero de Mayo
Street, San Isidro, Marilao, Bulacan.

2. Q: What do you do for a living?

A: I am currently a third year college student taking up B.S. Major in Tourism at the
Trinity University of Asia.
3. Q: Why are you in court today?
A: I am here to testify on what happened last November 17, 2014.

4. Q: Where were you last November 17, 2014?

A: I was in school that day. I had class until 6 in the evening. When my class
finished, I made my way out of the campus, but it started raining so hard. I
decided to seek shelter at a convenience store. It was already 9 in the evening
when I decided to hail a UV Express van going to Fairview.

5. Q: How many passengers were there in the UV Express van when you
boarded?
A: The van was packed. I was one of the last ones to board.

6. Q: Where were you seated inside the van?

A: I was seated at the leftmost part of the second row.

7. Q: After boarding, what happened next?

A: I fell asleep. I was tired from school and I lacked sleep that day. When I woke up,
the van ran faster than usual and I noticed that no one else was inside the van
except for the driver, a man in front of me and another one behind me, who was
using his cellphone.

8. Q: Did it not arouse any suspicion on your part?

A: No. I commute everyday and so I am used to that kind of scenario.

9. Q: When did you realize that there was something wrong?

A: At first I was not bothered. But after a few minutes, I realized that the trip was
taking far too long than usual. I started getting anxious. Because the van’s
windows were tinted and it was pitch dark that night, I failed to see that somehow,
we were not plying the normal route anymore. I started seeing fields from the
light that came from the van’s headlights.

10. At this point, what did you do?

A: I repeatedly told the driver to stop the van so that I could get off. But he paid no
attention to me.

11. Q: What happened thereafter?

A: The man behind me started strangling me. Then I began shouting. The man in
front punched me in my tummy. Then they both started tying my hands. They
both took turns in placing hard slaps on my face and punches on my stomach. For
a minute or so, I think I passed out.

12. Q: What did you feel when they did that to you?
A: I felt weak. I could not move my body. I could not even shout for help. I felt
really helpless as the two men were both holding me. I was crying, pleading for
them to free me, but they would not listen.

13. Q: And then what happened?

A: All of a sudden, the van stopped. The two men dragged me out of the van to a
dark, vacant lot with tall grasses surrounding it. One of the men put handkerchiefs
on my eyes and mouth. Then I felt someone rip off my blouse and bra, and started
fondling my breasts. After that, my skirt was pulled and after a few seconds I
realized that my underwear had also been taken off.

14. Q: Did you try to fight off what was being done to you?
A: Yes I did, but they were too strong for me to handle.
15. Q: What happened after your clothes were taken off?
A: One of the men inserted his private part inside my vagina and started pumping.

16. Q: How do you know that it was one of the men who did that?
A: I could hear different voices laughing and speaking in Tagalog but I could not
understand what they were saying.

17. Q: What happened next?

A: Someone much heavier placed himself on top of me, inserted his penis inside me
and started violating me. This was done repeatedly for three times until I felt no
more energy in me and I wanted to just die right then and there.

18. Q: How did you survive the ordeal?

A: After everything, they left me there without any clothes on. A couple walking nearby
heard my sobs and located me. They were the ones who brought me to the hospital and
then to the police station to report the incident.

19. Q: I have here a two-page Medical Certificate dated November 18, 20014
from Fairview General Hospital. Was this the medical certificate issued to
you at the hospital?
A: Yes.

20. Q: I also have here a Police Report from Police Station 5 with a signature of
a certain Pining G. Garcia. Can you identify the document for this court?
A: Yes. This is the document issued to me when I went to the police station to
recount what happened. The signature is mine.

21. Q: Finally, I have here a female’s light green underwear. Would you know as
to whom this underwear belongs?
A: The underwear is mine. It was the underwear I wore when the men raped me.

22. Q: After everything that happened, how were you able to identify the
accused?
A: I was called by the Women’s Desk of Police Station 5 because apparently a
similar incident happened a week after I reported it to them. Another student was
raped at about the same area and they were looking at the angle of a modus
operandi. I was able to recall the men’s facial characteristics. Later on, I was able
to positively pinpoint them.

IN WITNESS WHEREOF, I have hereunto affixed my signature on this

th
6 day of December 2014, in Manila, Philippines.

Pining G. Garcia
Affiant

SUBSCRIBED AND SWORN to before me on this 6th day of December

2014, at Quezon City, Philippines, affiant exhibiting her Driver’s License No.
MM12345678, issued on July 16, 2013, at Quezon City.

ATTY. NAT YET

Unit 123, OPQ Bldg.
 RST Street,
Cubao, Quezon City
Roll No. NN-123456
PTR No. OO-54321
MCLE Compliance No.
56789

Doc. No.______;
Page No.______;
Book No.______;
Series of 2014.

REPUBLIC OF THE PHILIPPINES)

Manila City ) S.S.

ATTESTATION

I, Nat Yet, Filipino, single, of legal age, with address at Unit 123, OPQ Bldg.
RST Street, Cubao, Quezon City, do hereby attest that:

1. I conducted the examination of the above-named witness.

2. I faithfully recorded or caused to be recorded the foregoing questions and

the corresponding answers of the above-named witness.

3. The above-named witness was not coached by me or by any other person

then present or assisting me during the execution of the judicial affidavit.

IN WITNESS WHEREOF, I have hereunto affixed my signature on this 6th day

of December 2014, in Manila, Philippines.

Pining G. Garcia
Affiant

SUBSCRIBED AND SWORN to before me this 6th day of December 2014,

in Quezon City, Philippines, affiant exhibiting to me his Driver’s License No.
MM12345678, issued on July 16, 2013, at Quezon City.

ATTY. NAT YET

Unit 123, OPQ Bldg.
RST Street,
Cubao, Quezon City
Roll No. NN-123456
PTR No. OO-54321
MCLE Compliance No.
56789
Doc. No.______;
Page No.______;
Book No.______;
Series of 2014.