REPUBLIC OF THE PHILIPPINES

First Judicial Region

REGIONAL TRIAL COURT
Cebu, City
Branch No. 13

PEOPLE OF THE PHILIPPINES,

Plaintiff, CRIM. CASE No. 80688-00

-versus-
FOR: PHYSICAL ABUSE IN RELATION TO R.A.7610
AN ACT PROVIDING FOR STRONGER DETERRENCE AND SPECIAL
PROTECTION AGAINST CHILD ABUSE, EXPLOITATION AND
DISCRIMINATION, AND FOR OTHER PURPOSES

DENCE RAY OTIS Y MANGUBAT,

Accused

X- - - - - - - - - - - - - - - - - - - - - - - /

JUDICIAL AFFIDAVIT
(Rule on Judicial Affidavit A.M. No. 12-8-8-12, September 4, 2012)

I. PRELIMINARY INFORMATION

NAME AND OTHER PERSONAL CIRCUMSTANCES OF THE WITNESS.

Name : ROMMEL M. SALES

Age : 16 years old, Single;
Address : Purok-3 Libertad, Paseo Arcenas Banawa, Cebu City 6000 Philippines
Occupation : Student;
Language : English and Tagalog.

II. PRELIMINARY STATEMENT

I, ROMMEL M. SALES, 16 years old, single, residing at Purok-3 Libertad, Paseo Arcenas Banawa, Cebu City 6000
Philippines, after having been sworn to in accordance with the law do hereby depose and state: That Fiscal DARLENE
B. GANUB is the fiscal who conducted and supervised my examination as a witness at her office at Provincial
Prosecutor’s Office, Cebu City, Cebu; That 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;

That in accordance with A.M. No. 12-8-8-SC, which prescribes the use of judicial affidavits to serve as the direct
examination testimony of the witness, on the basis of which the adverse party may conduct their cross-examination on
such a witness, I hereby execute this judicial affidavit in a question and answer format; That conformably with section
3 (b) of the said A.M. No. 12-8-8-SC, I also state that it was Fiscal DARLENE B. GANUB, prosecutor at Provincial
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CRIM CASE NO. 80688-00 Judicial Affidavit [Darlene B. Ganub – Prac Court 2 Atty. John Jacome March 2, 2020]
 Prosecutor’s Office, Cebu City, Cebu who conducted the examination of the undersigned affiant; That conformably
also with section 3 (c) thereof, I hereby state under the pain of perjury that in answering the questions asked of me, as
appearing herein below, I am fully conscious that I did so under oath, and that I may face criminal liabilities for false
testimony or perjury;

LAWYER WHO CONDUCTED OR SUPERVISED THE EXAMINATION OF THE WITNESS.

Name : Atty. DARLENE B. GANUB Asst. Provincial Prosecutor

Address : Public Prosecutors Office, Cebu City Philippines

Place of Examination : Unit 15, Public Prosecutors Office, Paseo Arcenas, Banawa Cebu City, 6000 Philippines.

III. OFFER

The testimony of the witness Rommel M. Sales is being offered to prove the:

1. The identity of the accused, Dence Ray Mangubat, the perpetrator of the physical abuse which is the
subject matter of this case;

2. The Medical Exam records of Rommel M. Sales by Dr Rocelda L Mirasol Ma’am, Medical Officer III at Cebu
City Medical Center showing his record of sustained physical injuries;

3. The School attendance records of the complainant showing his absence in school for more than 2 week;

4. The Police report showing the record of Rommel Sales’ complaint of physical injuries at Banawa Police
Station 3;

IV. JUDICIAL AFFIDAVIT PROPER.

I ROMMEL M. SALES, 16 years old, single, residing at Purok-3 Libertad, Paseo Arcenas Banawa, Cebu City 6000
Philippines, after having been sworn to in accordance with the law do hereby depose and state under oath, depose:

The following are the Questions propounded by Fiscal Darlene B. Ganub and my answers in English language:

Q1 – Please state your name, age, residence, and occupation of the witness.
A1 – I am ROMMEL M. SALES, 16 years old, single, residing at Purok-3 Libertad, Paseo Arcenas Banawa, Cebu City
6000 Philippines; Student.

Q2: Do you swear to tell the truth and nothing but the truth?
A2: Yes Ma’am.

Q3: Are you the same Rommel M. Sales, the private complainant in this case for Physical Abuse in Relation to R.A.
7610 now pending before the Regional Trial Court, Branch 13 of Cebu City?
A3: Yes Ma’am

Q4: What is your highest educational attainment?

A4: 3rd year High School at Abellana National School.

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CRIM CASE NO. 80688-00 Judicial Affidavit [Darlene B. Ganub – Prac Court 2 Atty. John Jacome March 2, 2020]
Q5- Why are you here now?
A5– To give a sworn statement by way of a judicial affidavit, the same to constitute as my direct testimony, in the
above-captioned criminal case.

Q6- For the record, please state the name and address of the Lawyer who is now conducting or supervising your
examination and the place where the examination is being held now?
A6 – Fiscal Darlene B. Ganub is conducting or supervising my examination now at Unit 15, Public Prosecutors Office,
Paseo Arcenas, Banawa Cebu City, 6000 Philippines.

Q7 – In what language do you want your examination to be conducted?

A7– This judicial affidavit is prepared in English. But I prefer that my cross examination be conducted in English for my
convenience and for clarity.

Q8 – Do you undertake to answer the questions to be asked of you, fully conscious that you will do so under oath, and
that you may face criminal liability for false testimony or perjury?
A8 -Yes.

Q9: Do you personally know the accused in this case, Mr. Dence Ray Mangubat?
A9: Yes Ma’am.

Q10: Can you tell us why you personally know Mr. Mangubat?
A10: He also lives in Purok 3 Libertad. He is our neighbor and their house is just beside our house. We are friends
since I was a child.

Q11: Where were you on January 3, 2020 at about 10:00 o’clock in the morning?
A11: I was walking home at that time after I had visited my friend Paolo Balesteros at Purok 1 Libertad, Cebu City.

Q12: Who was with you during that time you were walking home?
A12: I was with my other friend, Racine Monsteclaros.

Q13: What transpired during that time?

A13: I was walking with my friend Racine Montesclaros. When we reached in front of Mangubat’s house who was
looking very angry came out and told me in Visayan words to quote “Mosugat gyud ka ha” unquote. Then he punched
my right portion of my body.

Q14: When he punched you, what did you do?

A14: I didn’t do anything Ma’am. I could not do anything.

Q15: What did your friend Racine Montesclaros do?

A15: He did nothing too. We both could do nothing.

Q16: Why do you say that you couldn’t do anything?

A16: Because Dence Ray Mangubat is taller, bigger and stronger than the two of us. No one dared to fight with him
Ma’am.

Q17: Why do you say that he was angry during that time?

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CRIM CASE NO. 80688-00 Judicial Affidavit [Darlene B. Ganub – Prac Court 2 Atty. John Jacome March 2, 2020]
A17: Because when he got out of their house, he was swearing and he seemed to be pissed off of something inside
their house.

Q18: Was Dence Ray Mangubat drunk at that time?

A18: No Ma’am. He didn’t smell or look like he was drunk.

Q19: Can you tell us how big Dence Ray is?

A19: He is 5”6 tall. His body structure is firm and has strong muscles because he works out sometimes. He acts like
he can beat all of us smaller than him. We are actually terrified by his presence because of his unpleasant behavior.

Q20: Why do you say unpleasant behavior?

A20: Because whenever me and my friends are joking and laughing, he would just suddenly interrupt shouting at us
and telling us to shut our mouths. He then threatens us that if we are talking about him, we surely would get a prize
from him.

Q21: What prize would this be?

A21: Maybe a punch or a kick.

Q22: Aside from the incident that happened last January 3, 2020, was there any other incident of punching you?
A22: Yes Ma’am.

Q23: Can you tell us what happened and when it happened?

A23: On January 1, 2020 more or less 3:00 o’ clock in the afternoon, in front of Cyber Jazzer, Purok-3 Libertad, Cebu
City. While I was passing by the Internet Café, I saw Dence Ray Mangubat came out from the Cyber Jazzer Internet
Café. He ran towards me and punched me twice hitting on the right shoulder thus causing pain on it.

Q24: When he punched you, what did you do?

A24: I tried to retaliate after he punched me. However, he grabbed my arms and twisted it over my back and he said
in Visayan words to quote “Ay mosukol naka ha” unquote. Then he punched me again on my right portion of the body
and kicked my left leg. I fell down the ground after that strong punch and kicked. It was really painful that it made me
cry.

Q25: Did anybody see the incident?

A25: Yes Ma’am. Our friend Julius Dumanon Hellardes, the owner of the Internet Cafe was there.

Q26: What did Julius Dumanon do?

A26: He shouted at Dence Ray Mangubat and told him to stop.

Q27: What did Dence Ray do when Julius Dumanon told him to stop?
A27: He just laughed and said in Visayan words again to quote “Mosukol naman gyud Bai, maayo nang pitolon”. Then
he left.

Q28: What did you do then?

A28: I stood up and Julius Dumanon helped as I hardly can walk. Then he accompanied me back home.

Q29: And then, what happened next?

A29: When I got home I told my mother about the incident and then we reported the incident to police Station3 in
Banawa, Cebu City.

Q30: Do you have any proof of all your allegations?

A30: I have my witnesses Ma’am, my friend Racine Montesclaros and Julius Dumanon.
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CRIM CASE NO. 80688-00 Judicial Affidavit [Darlene B. Ganub – Prac Court 2 Atty. John Jacome March 2, 2020]
Q31: Do you have any medical certificate to support your allegations?
A31: Yes, Ma’am, I have. Attached to this Judicial Affidavit is an original copy of the medical certificate marked as
Exhibit “A”.

Q32: Based on this medical certificate you are showing to us that the injuries would have incapacitated you for a period
of 7 to 10 days?
A32: Yes, Ma’am, I was actually incapable to join my classes at Abellana National High School for more than a week
due to the pain that I suffered. The next day after the incident I had bruises and it was absolutely difficult for me to
stand. My school attendance record shows my absence for more than 2 weeks. It is marked as Exhibit B.

Q33: Who issued this medical certificate?

A33: It was Dr Rocelda L Mirasol Ma’am, Medical Officer III at Cebu City Medical Center

Q34: Who’s signature is this in the medical certificate?

A34: My doctor, Ma’am, Dr. Rocelda L. Mirasol.

Q35: Why did you say that it was Dr. Mirasol who signed it?
A35: Because I was in front of her when she signed the medical certificate.

Q36: Do you have anything to say, Mr. Sales?

A36: No more, Ma’am.

Nothing Follows.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 2nd day of Mach 2020 at Cebu City, Philippines.

ROMMEL M. SALES
Private Complainant

SUBSCRIBED AND SWORN to before me this 2nd day of March 2020 at Cebu City, Philippines.

Atty. DARLENE B. GANUB

Asst. Provincial Prosecutor Detailed PPO- Cebu City
MCLE Compliance No. IV 6448259
Officer-in-Charge
V. ATTESTATION OF LEGAL COUNSEL

I, DARLENE B. GANUB, Asst. Provincial Prosecutor, Detailed PPO-Cebu City Philippines, after having been sworn to
in accordance with the law do hereby depose and say:

1. That I have faithfully recorded or caused to be recorded the questions I asked and the corresponding answers that
witness, Rommel M. Sales, gave;
2. That I have not, nor any other person present or assisting coached the witness regarding the witness’ answers; and
3. That I fully understand that any false attestation shall subject me to disciplinary action, including disbarment.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 2nd day of March 2020 at Cebu City, Philippines.
DARLENE B. GANUB Counsel for the State
SUBSCRIBED AND SWORN to before me this 2nd day of March 2020 at Cebu City, Philippines.
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CRIM CASE NO. 80688-00 Judicial Affidavit [Darlene B. Ganub – Prac Court 2 Atty. John Jacome March 2, 2020]
 Atty. DARLENE B. GANUB
Asst. Provincial Prosecutor Detailed PPO- Cebu City
MCLE Compliance No. IV 6448259
Officer-in-Charge

ACKNOWLDGEMENT
Republic of the Philippiones)
City of Cebu SS.

Before me, a Notary Public appeared:

SUBSCRIBED and sworn to before me in Cebu City on March 2, 2020, affiant showing his/her competent proof of
identity, to wit: Comelec ID VIN 458-526-785-000 known to me the same person who executed the foregoing Judicial
Affidavit and he acknowledge to me that the signatures he affixed confirm his own free act.

Signed and and sealed on March 2, 2020 in Cebu City Philippines.

Atty. HARROLD N. LECHUGA

Notary Public – Cebu City
Until December 31, 2020
Commission No. 2018-725
PTR No. AC-1277924/12/10-2018/AC
IBP No. 012385/Lifetime/Cebu; Roll No. 59717
MCLE Compliance No. VI-0009943, 3 July 2018
Rm.308 2nd Flr., ABC Bldg., Teresa Ave.,
Rizal Boulevard, Cebu City 6000 Philippines

Doc. No. 849

Page No. 58
Book No. IX
Series of 2020.

VI. EXHIBITS ATTACHED TO THE JUDICIAL AFFIDAVIT.

Exh. “A” to Exhibit “C”, supra.

1. Exhibit A - Medical Exam records of Rommel M. Sales by Dr Rocelda L Mirasol Ma’am, Medical Officer III
at Cebu City Medical Center showing his record of sustained physical injuries;
2. Exhibit B - The School attendance records of the complainant showing his absence in school for more than
2 weeks;
3. Exhibit C - The Police report showing the record of Rommel Sales’ complaint of physical injuries at Banawa
Police Station 3

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CRIM CASE NO. 80688-00 Judicial Affidavit [Darlene B. Ganub – Prac Court 2 Atty. John Jacome March 2, 2020]