v. Demetrio Salazar RAPE (Art 266 of RPC) Accused.
JUDICIAL AFFIDAVIT
I, Demetrio Salazar y Manalo, 45 years old, single and a
resident of Brgy 3, San Mateo, Isabela, after having been sworn to in accordance with law, do hereby depose and state that:
Person interrogating me is Atty Markleonard Mercado of
Public Attorney’s Office Santiago City, who conducts this investigation/interrogation held at his 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: Mr Salazar, kindly state your name and
other personal circumstances for the record? Answer: I, Demetrio Salazar y Manalo, 45 years old, single, tricycle driver and a resident of Brgy 3, San Mateo, Isabela and currently residing in Brgy 3, Cordon, Isabela.
Question 2: Did you know what was happened on
December 28, 2016 in Brgy 3, Cordon, Isabela? Answer: None sir but I was at our neighbor’s house .
Question 3: Why was that you were there that time?
Answer: Because there was a birthday party there, sir.
Question 4: Why was you were there in Brgy 3, Cordon,
Isabela when in fact you are a resident of Brgy 3., San Mateo, Isabela? Answer: Because I and Santa Clara, the mother of Maria Gracia, were living without the benefit of marriage sir.
Question 5: In short, you and her were living as live-in
partner, am I correct? Answer: Yes Sir.
Question 6: For how long have you been as live-in
partner, if you could still recall? Answer: I think, it’s almost seven (7) years, sir.
Question 7: On that duration of your stay with her, did
she gives birth? Answer: None, sir. But she has children of minor age.
Question 8: Kindly name them?
Answer: They are Sheila Martin, John Martin and Maria Gracia Martin, sir.
Question 9: During your stay in Brgy 3, Cordon, Isabela,
did anyone came and visited there? Answer : There were, sir.
Question 10: Who were they, if you could still recall?
Answer: They were our neighbors sir and others who were classmates of Maria Gracia Martin.
Question 11: Those you have enumerated, who were the
persons who were frequently coming in that house? Answer: He was Peter Malibog, sir.
Question 12: And who is this person you are referring?
Answer: He was the long time classmate of Maria Gracia Martin, sir.
Question 13: Why did you tell that?
Answer: Because every day he used to visit Maria Gracia sir. Question14: How long did it take when he is visiting Maria Gracia? Answer : I think, it takes five (5) hours. Because he comes at 7:00 PM and goes out at midnight. It was his usual visit, sir. Question15: Are you aware that you are charged before this court of rape? Answer: Yes sir, I know.
Question16: What is the reason why Ms Martin charged
you for rape? Answer: She alleged that I have a carnal knowledge with her. Question17: Is there a proof that this charge against you may be rebutted? Answer: There is sir.
Question18: And what is it?
Answer: The testimony of our neighbor who was my companion when we had a drinking spree, sir.
Question19: Are you a drunkard person?
Answer: Yes, sir.
Question20: Last question, where did you sleep on the
night of December 28, 2016? Answer: At our neighbor’s house in Brgy 3, Cordon, Isabela, sir.
Question21: Are you willing to sign this judicial affidavit
that you have executed before me? Answer: Yes, sir.
In Witness Whereof, I have hereunto set my hand this 1 st
day of February 2017 Santiago City.
Demetrio Salazar Affiant
SUBSCRIBED AND SWORN to before me this 1st day of February 2017
in the City of Santiago,by Demetrio Salazar, exhibiting to me his Identification Cards with Numbers.
Gerald Ladd Hersh v. Kansas Parole Board, Kansas Department of Corrections, David R. McKune Warden, Lansing Correctional Facility, 2 F.3d 1160, 10th Cir. (1993)