Republic of the Philippines

Regional Trial Court

Third Judicial Region
Quezon City, Branch 12
ROSA J. LINDA
Plaintiff,
- versus

Criminal Case No. 12-02-2121

PERFECTO P. JOSE
Accused.
x -------------------------------------------x
AFFIDAVIT DIRECT TESTIMONY OF
PERFECTO P. JOSE
I, PERFECTO P. JOSE, Filipino citizen, of legal age, single and with
mailing address at NO. 12 Inca St. Filinvest III, Quezon City, after
having been duly sworn in accordance with law, do hereby depose
and state the following:
1.
Q. Please state your name, age, residence and occupation.
A. My name is Perfecto Jose, 54 years old, resident of Quezon City,
Engineer.
2.
Q. Please state the name and address of the lawyer who is
conducting or supervising your examination and the place where the
examination is held?
A. Atty. Anna Bianca Continuado is the one conducting my direct
examination at the Sales, Evardone and Continuado Law Office, 12F, Lapu-Lapu St., Capitol Hills, Commonwealth, Quezon City.
3.
Q. Are you making your statements under oath?
A. Yes, I am fully conscious that I am answering the questions under
oath, I am fully conscious that I do so under oath in the presence of
Atty. Richard Mendoza.

4.
Q. Do you know the meaning and significance of the oath that was
earlier administered to you?

A. Yes, I am aware that I have to tell the truth based on my personal

knowledge and based on documents that are material and relevant to
the case. I am also aware that I may face criminal liability for false
testimony or perjury if I shall state any falsehoods.
5.
Q. Do you know the plaintiff, Rosa J. Linda, in this case?
A. Yes, she is my sister.
6.
Q. Where were you last 9 November 2012?
A. I was in my sisters house with my brother-in-law.
7.
Q. What were you doing there?
A. I was eating and drinking with my brother-in-law. We were chatting
and catching up.
8.
Q. Was there anyone else in the house?
A. Yes, my sister Linda and their son Sergio Jr. were inside the
house.
9.
Q. Where were you drinking exactly?
A. We were drinking in a bahay kubo across the house.
10.
Q. How far is the bahay-kubo from the house?
A. About 10 meters from the house.
11.

Q. What happened in the bahay-kubo, if any?

A. We had a lot to drink and Sergio and I got into an argument.
12.
Q. What was the argument about?
A. Sergio was saying that his member was bigger than mine. And I
argued that mine was bigger. He then started screaming and he
started hitting me.
13.
Q. What did you do after, if any?
A. I tried to pacify him but to no avail. He kept trying to show that his
member was bigger and I tried to stop him. When I held him, he
shoved me. I hit a few glasses, which broke. He had a scary look and
I feared for my life.
14.
Q. What happened after this, if any?
A. He took a kitchen knife from the house and brandished it to my
face. He hacked me with the same and wounded my left arm. I was
able to move away quickly. He lost his balance and stumbled.
15.
Q. What did you do after, if any?
A. I tried to help him up and he again tried to hack me with the knife. I
was able avoid him. At this point, we were both holding the kitchen
knife and trying to get a hold of it. He then punched my lower
abdomen and I was able to get the knife. I stabbed his arm.
16.
Q. What made you stab Sergio?
A. I feared for my life. I had to protect myself.
17.
Q. Who else was with you when this happened?
A. Sergio and I were the only ones drinking.
18.
Q. Where was Linda when this happened?

A. She was inside the house.

19.
Q. What did you do after you stabbed Sergio?
A. I shouted and called for Linda to call an ambulance immediately.
20.
Q. What happened after, if any?
A. I stayed until the ambulance came and afterwards I went to the
house of Mario Constantino.
21.
Q. What did you do in Mario Constantinos house?
A. I cleaned up and told him what happened.
22.
Q. What happened after you went to Marios house, if any?
A. The police came and I voluntarily surrendered.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my signature

this 6th day of November 2015 in Quezon City.

PERFECTO P. JOSE

SUBSCRIBED AND SWORN TO before me this 30th day of July 2015 in

Makati City, affiant exhibiting to me his Drivers License No. D04-08-001234
issued by the Land Transportation Office on April 10, 2011, bearing 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 said instrument.
Atty. Richard Mendoza
Notary Public for Quezon City
41 Dodge St., Commonwealth Ave, Quezon City
Appointment No. 1202 Until December 31, 2017
IBP No. 123456; 01/10/14Quezon City

PTR No. 123456; 01/10/14Quezon

City Roll No. 1234 5/05/08
MCLE No. I 001234; 9/09/12
MCLE No. II 005678; 12/09/12
Serial No. of Commission M-12

Doc. No. 34;

Page No. 12;
Book No. IX;
Series of 2015.