1 CRIM. CASE No.

C-45456-14
Judicial Affidavit

Republic of the Philippines

REGIONAL TRIAL COURT
Fourth Judicial Region
Branch 15
Tagaytay City, Province of Cavite
CRIM. CASE No. C-45456-14
FOR: HOMICIDE
PEOPLE OF THE PHILIPPINES
Plaintiff,
-versusREUBEN RAYOS Y PITT
Accused.
x-----------------------------------/
JUDICIAL AFFIDAVIT
OF MR. JEJOMAR BINAY
PRELIMINARY STATEMENT
I, JEJOMAR B. BINAY, 27 years old, single, residing at Mabini Hills, Brgy.
Lituan, Tagaytay City, after having been sworn to in accordance with the law
do hereby depose and state:
That Atty. FERDINAND V. AQUINO is the counsel who conducted and
supervise my examination as a witness at Azures Bldg., Unit 1, Brgy. Libertad,
Tagaytay City, Province of Cavite;

CRIM. CASE No. C-45456-14

Judicial Affidavit
That I am answering the question herein fully conscious that I do so
under oath and that I may be criminally liable for false testimony or perjury;
PURPOSE
The purpose of this Judicial Affidavit is to prove; a. unlawful aggression
on the part of Junie Jung, b. reasonable necessity of the means employed to
prevent or repel the unlawful aggression by Junie Jung against the person of
Reuben Rayos and myself, Jejomar Binay, and c. lack of sufficient provocation
on the part of Reuben Rayos in defending himself and myself, Jejomar Binay.
The following are the question propounded by Atty. Ferdinand V.
Aquino, and my answers in the English language:
Q1: Do you swear to tell the truth and nothing but the whole truth?
A1: Yes, Sir.
Q2: Do you personally know Mr. Junie Jung?
A2: Yes, Sir.
Q3: Can you tell how you personally know Mr. Junie Jung?
A3: We are friends, Sir. We were friends since we were kids. We were
classmates since Elementary until we finished High school.
Q4: How about Mr. Reuben Rayos? Do you personally know him as well?
A4: Yes, Sir.
Q5: Can you tell how you personally know Mr. Reuben Rayos?
A5: he is also my friend. We were classmates until we graduated from
elementary. Junie, Reuben, and I went to the same Elementary school.
When we were in High school though, we were admitted to different

3 CRIM. CASE No. C-45456-14

Judicial Affidavit
schools. I remained friends with Reuben since we belong to the same
basketball team, the team of Brgy. Lituan.
Q6: Where were you at around 8:36 oclock in the evening on July 5,
2014?
A6: I was at home, watching television, Sir.
Q7: Was there anything else that happened?
A7: Junie came to our house. He was looking for me.
Q8: What was Junies purpose you at night on that said date?
A8: He asked me if I could accompany him to a drinking session at
Aling Graces Sari-sari Store. He invited me since it was a long time
since we last had drinks together.
Q9: What happened next?
A9: I accepted his invitation, Sir, and I took with me my wallet and my
fan knife.
Q10: You said you took with you a fan knife. What particular kind was
it?
A10: Yes, Sir; a double-bladed fan knife.
Q11: What was your purpose in possessing and bringing the said fan
knife?
A11: Its for protection, Sir.
Q12: Do you own the said fan knife?
A12: Yes, Sir.
Q13: Going back to what transpired on July 5, 2014, did you actually
proceed to Aling Graces Sari-sari Store?
A13: Yes, Sir.

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Judicial Affidavit

Q14: At what time did you arrive at Aling Graces Store?

A14: At round around 9:00 oclock in the evening, Sir. I cannot recall the
exact time, but I believe we arrived at around 9:15 oclock in the
evening.
Q15: Is Aling Graces Sari-sari Store the same one located at Kalye
Segundina, Brgy. Lituan, Tagaytay City?
A15: Yes, Sir.
Q16: Is the Sari-sari store owned by Mrs. Grace Poe-Lamanzares?
A16: Yes, Sir.
Q17: How far is Aling Graces Sari-sari Store from your house?
A17: I estimate it to be within 25 to 30 meters from our house, a waling
distance.
Q18: When you arrived at Aling Graces Store, what happened?
A18: When we arrived at the store, Sir, Junie immediately ordered ix (6)
bottles of 1-liter beer and some pulutan. We started consuming the
beer and the pulutan just outside Aling Graces Sari-sari Store.
Q19: Do you remember Mr. Reuben Rayos joining you and Mr. Junie Jung
in your drinking session?
A19: Yes, Sir.
Q20: Can you tell at what tme did Mr. Rayos joined and Mr. Jung?
A20: At around 10:30 oclock in the evening, Sir.
Q21: Can you tell why Mr. Rayos joined your drinking sessions?

5 CRIM. CASE No. C-45456-14

Judicial Affidavit
A21: It was because Junie called Reuben, Sir. Junie saw him pass by
with his bicycle.

Q22: Can I call your attention about the double-bladed fan knife you
brought with you that night?
A22: Yes, Sir.
Q23: What did you to the said knife?
A23: I took it out of my pocket, Sir, since it was causing discomfort to
my leg that got recently injured due motorcycle accident I figured, Sir.
Q24: What did you do to the knife after taking it out of your pocket?
A24: I placed it on the table that we borrowed from from Aling Grace for
our drinks. I placed it near Junies pack of cigarettes and lighter.
Q25: What happened next?
A25: Junie and I had an altercation, Sir.
Q26: What was the cause of the said altercation?
A26: It started when I asked Junie about his unpaid P200,000.00 debt
that he still owes me to this date, Sir.
Q27: What happened next?
A27: Junie pushed me. He also shouted at me, calling me a liar and that
he would maul and crush me to a pulp.
Q28: What did you do at that moment?
A28: I also pushed Junie, Sir. I also called him soft and that I will never
back down from him.
Q29: What happened next?

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Judicial Affidavit
A29: I remember Reuben stood between me and Junie. He uttered
something but I cannot the exact words he said since my attention was
towards Junie. All I know is that Reuben was trying to pacify us.
Q30: Can you tell what further happened?
A30: Junie took the fan knife I placed on the table and he started
attacking me with it. He stabbed me at my abdomen. When he was
lunging for the second thrust, I used my right arm to deflect the knife
but to no avail. It wounded me and pierced my arm instead.
Q31: Did you try to escape or run away?
A31: I wanted to run but I cannot do so since my left leg was injured
from an accident prior to the unfortunate incident on July 5, 2014.
Q32: Can you tell what you did then?
A32: I was just sitting on the ground and could not do anything. I felt
numb.
Q33: Can you recall what Junie was doing at that time?
A33: I saw Junie turning towards Reuben direction. Other than that, I
cannot remember much else, Sir.
Q34: What about Mrs. Grace Poe-Lamanzares, what was she doing that
time?
A34: I heard Aling Grace crying. I cannot remember anything after that.
All I can recall is waking up on the bed inside the hospital with my mom
beside me.
The affiant further sayeth naught.
IN WITNESS WHEREOF, I have hereunto set my hand this 4 th day of
October 2014 at Tagaytay City.

7 CRIM. CASE No. C-45456-14

Judicial Affidavit

JEJOMAR B. BINAY
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a Notary Public in and

for Tagaytay City/Cavite Province this 29 th day of September 2014. Affiant
came and appeared with Drivers License Registration No. 6888789 issued on
November 15, 2014 at Tagaytay City bearing both his photograph and
signature, known to me as the same person who personally signed the
foregoing instrument before me and avowed under penalty of law to the
whole truth of the contents of the said instrument.

ATTY. FERDINAND V. AQUINO

Notary Public for Tagaytay City/Cavite
Province
Azures Bldg., Unit 1, Brgy. Libertad,
Tagaytay City
Commission Serial No. 4040316 until
December 31, 2015
Attorneys Roll No. 2018188
IBP No. 12345-01/14/14 Tagaytay City
PTR No. 687903-01/14/14 Tagaytay
City
MCLE Compliance No. C-0000787 Oct.
21, 2014

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Judicial Affidavit

Doc No.

770

Page No.

72

Book No.

11

Series of 2014