Republic of the Philippines

REGIONAL TRIAL COURT

FIRST JUDICIAL REGION
Branch__
Baguio City

PEOPLE OF THE PHILIPPINES,

Complainant

-versus-

CRIMINAL CASE No______

For: Murder

Maria Ozawa
Pedro Penduko
Accused.
x--------------------------------------------x

JUDICIAL AFFIDAVIT OF PEDRO PENDUKO

This Judicial Affidavit of Pedro Penduko, one of the accused in the above
entitled case, is executed to serve as his direct testimony in the instant case.

This Judicial Affidavit is being offered to prove:

A)
All the allegations in the Counter Affidavit including all annexes
appended thereto and which were already marked as exhibits during the PreTrial of this case and to identify the same;

B)
case;

The identity of Maria Ozawa, his co-accused in the above-entitled

C)
All other related matters, facts and circumstances relevant and
material to this case.

This Judicial Affidavit was taken at the office of Atty. Pogi Giovanni in
Charles Vath Building, Saint Louis University, Baguio City
.
Questions were propounded by Atty. Pogi Giovanni and these questions
are numbered consecutively and each question is followed by the answer of the
witness.

1. Do you swear to tell the truth and nothing but the truth?

I do.

2. Are you aware that you may face criminal liability for false testimony or
perjury if you will not tell the truth?

I am.

3. Please state your name, age address and occupation?

I am Pedro Penduko, 36 years of age, Filipino, single, and a resident of 123

Loakan-Apugan Road, Baguio City.

4. Why are you executing this Judicial Affidavit?

I am executing this affidavit sir to prove my innocence in the above-entitled

case and to testify as to what transpired on June 2-5, 2015 and thereafter and
to identify my co-accused Maria Ozawa.

5. How did you come to know Maria Ozawa?

She was my live-in partner sir.

6. When did you and Maria Ozawa meet?

On January 2010.

7. Where did you meet?

At centermall sir. She was my co-worker at 45 Convenience Store.

8. And when did you live-in together?

Since 2012 sir at around January sir.

9. Where did you two live in together?

At 123 Loakan-Apugan Road, Baguio City, Philippines we were subleasing the
room from Anne Curtis;
10.

Do you remember executing an affidavit?

Yes sir.
11.

If I show you this affidavit, will you be able to identify the same?

Yes sir.
12.

Is this the same document you were purporting to? (Counsel

showed the counsel affidavit executed by Pedro Penduko)

Yes sir.
13.

In page 4 of the document, do you affirm and confirm that the

signature therein is your signature therein?

Yes sir.
14.

In paragraph 6 of the document, can you explain to me what you

mean?
Sir, I and Maria Ozawa had an altercation as she was jealous and accused me
of flirting with one of my co-workers. She threatened to leave me if I will not
stop flirting with my co-worker.
15.

When did this altercation take place?

Sir, on June 2, 2015 sir at around 5:00 p.m. sir.

16.

In paragraph 7 hereof, can you explain what you mean in your

affidavit?
Sir, I and Anne Curtis were alone at our place. While I was in my room, Anne
Curtis came knocking at my door and upon opening the door, she immediately
kissed me in the lips. I resisted but while she was kissing me, she held my
penis. I got aroused then and so I kissed her back. I kissed her back since she
was very attractive and thinking that I will not get laid because I and Maria
Ozawa had the altercation
17.

What happened next after you kissed her back, if any?

Sir, she held my hand and pulled me towards her room and while in the room, I
did not hesitate having sexual intercourse with her. I ejaculated inside of her
and thereafter, I went asked Anne Curtis that I should get back to my room as
Maria Ozawa could get home anytime.
18.

After proceeding to your room, what happened next, if any?

Sir, when I was about to open the door to my room, I heard that somebody was
crying at the kitchen and thought it was Maria Ozawa and so I hurriedly
entered the room. I strongly believe that she heard me and Anne Curtis having
sexual intercourse.
19.

What happened next, if any ?

Sir, while I was in my room, I heard that somebody opened and closed the main
door. I later found out that it was Maria Ozawa who left since she did not sleep
in our room that time. I did not text her since I was afraid she heard me and
Anne Curtis have sex.
20.

Thereafter, what happened next?

Sir, the following day, at around 8:00 p.m. as I was preparing to report for
work, Maria Ozawa came home and appearing drunk based on her appearance
and breath. She started accusing me of having sexual intercourse with Anne
Curtis. She was then trying to slap me everywhere while angry and crying. I
just said to her that she was just drunk and should sleep. She again
threatened to leave me if I will not answer her questions. I just left her in the

room and proceeded to report to work.

21.

After leaving her, what happened next?

Sir, I proceeded to work and was then very uneasy. One of my co-workers and
long time mutual friend of Anne and I, Gerard Anderson, noticed that I was
very uneasy and approached me and asked if I was okay.
22.

What happened next after he approached you, if any?

Sir, considering that Gerard Anderson was our long time friend, I told her what
transpired on June 2 and 3, 2015 between I and Maria Ozawa.
23.

By there, what do you mean?

Sir, she was in plain sight to see everything that we were doing from the time
we saw the jacket and the knife up to the time when we bagged and marked
them.
24.

What happened next, if any?

Sir, Gerard tried to comfort me and said that everything will soon return to
normal.
25.

After receiving his advice, what happened next, if any?

Sir, I was at work the whole time and at around 6:00 a.m. of June 5, I and
Kuko Martini logged out our daily time record and both of us proceeded home
together as we live near each other and to reduce the fare.
26.

Ok, so what happened next thereafter, if any?

Sir, I arrived home at around 6:20 a.m.. When I opened the door, I saw the
packed bags of Maria Ozawa right outside the door of our room.
27.

What else have you noticed, if any?

Sir, I noticed Maria Ozawa crying while sitting outside the living room. I also
noticed that her clothes contains blood stains.
28.

What else transpired, if any?

Sir, I asked Maria what happened but she continued crying and did not reply.
29.

What happened next, if any?

Sir, Ricky Martin also arrived and asked where Anne was. I did not reply and
neither did Maria say anything as she was just crying.
30.

What happened next, if any?

Sir, Ricky Martin, receiving no response, proceeded directly to Annes room

while I also approached Maria.

31.

What happened next, if any?

Sir, when I approached Anne, I noticed an iron bar at her right side and so I
held it, saw jelly like liquid on it and then just set it aside;
32.

What have noticed thereafter, if any?

Sir, I noticed that Ricky Martin was looking for Anne all over the other rooms.
Then I heard him shout Tulong tulong, mga kapitbahay, may nangyari kay
Anne
33.

Upon hearing the shout of Ricky Martin, what happened next, if

any?
Sir, I noticed that Maria got really scared, stood up and tried to run away from
the house.
34.

What happened next, if any?

Sir, I ran after Maria Ozawa but I was held by a man who I later identified as
Jimmy Bondoc.
35.

After being held by Jimmy Bondoc, what happened next?

Sir, the police arrived and arrested me and Maria Ozawa. I asked them why I
was being arrested but the police informed me to just shut up and explain
myself at the precinct. We were then brought to the precinct at Police Station 4.
36.

When did you see Maria Ozawa next?

Sir, the last time was when we were both arrested. We were separated when we
were being brought to the precinct. It was days later when I saw her and that
when she was required to identify if I was Pedro Penduko.
37.

What happened next, if any?

Sir, I was then later informed that I was being charged for the murder of Anne
Curtis and that a complaint for murder was filed with the Prosecutors Office.

...............
Affiant further sayeth naught.

Pedro Penduko
Affiant

SUBSCRIBED AND SWORN to before me this 26 th day of July 2015 at Baguio

City, Affiant exhibiting to me her Passport bearing No. SS12345678 issued on
1/1/15 and expiring on 1/1/17
.
Doc. No. 1

Commission Serial No.: 11111

Page No. 1

Notary Public for: Baguio City

Book No.1

Until: December 31, 2017

Series of 2015

Office:

Charles

Vath

Building,

Saint

Louis

University
Roll No. 69
IBP Lifetime Roll No. 69; 4/1/17 ; Baguio City
PTR No. 1; 1/1/2015 ; Baguio City
MCLE Compliance Cert. No. 1; 1/1/2015

ATTESTATION

I hereby state, under oath, that I faithfully recorded the questions I asked
and the corresponding answers that the witness gave and that neither I nor
any other person present or assisting me has coached the witness regarding
the latters statement.

SUBSCRIBED AND SWORN to before me this 1st day of July 2015 at

Baguio City, Affiant exhibiting to me his drivers license bearing No. N11-82030573 expiring on 01/1/2017.
Notary Public
Doc. No. 1

Commission Serial No.: 222222

Page No. 1

Notary Public for: Baguio City

Book No.1

Until: December 31, 2017

Series of 2015

Office:

Charles

Vath

Building,

Saint

Louis

University
Roll No. 88
IBP Lifetime Roll No. 88; 4/1/17 ; Baguio City
PTR No. 1; 1/11/2015 ; Baguio City
MCLE Compliance Cert. No. 11; 1/1/2015

Copy Furnished:
Office of the City Public Prosecutor
Baguio City