Republic of the Philippines

MUNICIPAL CIRCUIT TRIAL COURT

BAGUIO CITY

PEOPLE OF THE PHILIPPINES CRIM. CASE NO.

Plaintiff, 19-CR-1002
-versus-
FOR: SLIGHT PHYSICAL
INJURIES
BRYAN J. DULNUAN
Defendant,
x - - - - - - - - - - - - - - -- - - - - - - - - - - - x

Republic of the Philippines)

City of Baguio ) S.S.

JUDICIAL AFFIDAVIT OF ROBERT K. CRUZ

This judicial affidavit of ROBERT K. CRUZ contains the transcript of

examination conducted by Asst. City Prosecutor Atty. Mark Angel Santos
for private complainant MATTHEW S. ZAMBRANO at his office at Room
203, 2nd Floor, Justice Hall, Upper Abanao Street, Baguio City on August, 22
2019 and is executed to serve as his direct testimony in the defense of the
private complainant MATTHEW S. ZAMBRANO in the instant case.

OFFER OF TESTIMONY

The testimony of ROBERT K. CRUZ is being offered for the

following purposes:

1. His testimony being offered to prove that MATTHEW S.

ZAMBRANO suffered physical injuries inflicted by BRYAN J.
DULNUAN, based on his personal knowledge.
 2. The witness is willing to identify person who inflicted physical
injuries to private complainant, MATTHEW S. ZAMBRANO.

3. He will likewise testify to other matters in relation to physical injuries

sustained by private complainant, MATTHEW S. ZAMBRANO.

TESTIMONY

The questions were propounded by the undersigned Asst. City

Prosecutor for MATTHEW S. ZAMBRANO in English and the answers
were likewise given by the said witness in the same dialect.

1. Q: Please state your name and other personal circumstances for the
record.
A: I am ROBERT K. CRUZ, 35, Married, resident of No. 5 Purok 1,
Dontogan, Baguio City

3. Q: Can you understand and effectively communicate in the English

language?
A: Yes, I can understand and effectively communicate in the English
language.

4. Q: Is it all right with you that we conduct this examination in the

English language?
A: Yes.

2. Q: What is your relationship with private complainant MATTHEW S.

ZAMBRANO?
A: We are both members of the Dontogan Jeepney Driver’s
Association.

3. Q: Why are you here in my office today?

A: I am here in your office to voluntarily give my personal
knowledge regarding the incident of physical assault inflicted to
MATTHEW S.ZAMBRANO by BRYAN DULNUAN.

4. Q: Where were you at around 4 o’clock in the afternoon of August 8,

 2019?
A: I was at BRYAN DULNUAN’S residence.

5. Q: What were you doing on that particular time and place?

A: I accompanied MATTHEW S. ZAMABRANO to BRYAN
DULNUAN’S residence talk to him about the problems at the
Dontogan Jeepney Terminal.

6. Q: Was there any unusual incident that occurred at around 4 o’clock

in the afternoon of August 8, 2019?
A: Yes.

7. Q: What was that unusual incident that occurred?

A: BRYAN DULNUAN, after we stated our purpose, he just got mad
and shouted at us telling us to leave his house. We tried to explain
that we just wanted to fix the problem in the jeepney terminal but
he was still very irritated with us for no apparent reason.

8. Q: What did you do after being asked to leave?

A: We decided to leave to avoid further angering BRYAN
DULNUAN. When we were already at the door of his house,
MATTHEW S. ZAMBRANO was suddenly grabbed on the
shoulder and pinned to wall. I saw BRYAN J. DULNUAN punch
MATTHEW S. ZAMBRANO on the face multiple times.

9. Q: After the incident, did you seek medical intervention?

A: Yes, we did. I brought MATTHEW S. ZAMBRANO, to Baguio
General Hospital and Medical Center.

10. Q: Do you have grudges against the accused BRYAN J. DULNUAN?

A: No, I don’t have any grudge against BRYAN DULNUAN.

11. Q: Were you forced to testify against the accused?

A: No, I was not forced to testify against the accused.

12. Q: Will you be able to identify the accused?

A: Yes, I will be able to identify the accused.

13. Q: Do you have any additional statements?

 A: No, I do not have any additional statements.

I am executing this judicial affidavit to attest to the truthfulness of all

the foregoing facts and circumstances.

IN WITNESS WHEREOF, I hereunto affix my signature this 22nd day

of August 2019 at Baguio City, Philippines.

ROBERT K. CRUZ
Affiant
SSS 0100106532

SUBSCRIBED AND SWORN to me before this 22nd day of August

2019 at Baguio City, Philippines.

Notary Public

Doc. No. _____

Page No. _____
Book No. ____
Series of 2019
 Attestation Clause of the Lawyer

I, MARK ANGEL SANTOS, of legal age, with office address Room

203, 2nd Floor, Justice Hall, Upper Abanao Street, Baguio City after being
sworn in accordance with the law hereby depose and state, that;

1. I am the assistant prosecutor who conducted and supervised the

examination of herein witness ROBERT K. CRUZ.

2. The questions were in English and the same were answered in

such dialect.

3. I did not nor anybody coach ROBERT K. CRUZ in answering the

same.

4. I conducted the judicial affidavit at around 1 o’clock in the

afternoon of 22 August 2019.

5. I have fully recorded the corresponding answer that the witness

gave.

In Witness whereof, I have hereunto set my hand this 22nd day of

August 2019 at Baguio City, Philippines.

MARK ANGEL SANTOS

Roll of Attorney no. 65898
 Subscribed and sworn to before me in Baguio City, Philippines this
nd
22 day of August 2019. Exhibiting before me his IBP ID no. 65898 bearing
his picture and signature, declaring that the judicial affidavit was
voluntarily stated and freely prepared, and that he understood the
foregoing attestation under the Judicial Affidavit Rule to which I was
convinced when I examined him.

Notary Public

Doc. No. _____

Page No. _____
Book No. ____
Series of 2019