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. REUBEN P. RAYOS
PRELIMINARY STATEMENT
I, REUBEN P. RAYOS, 26 years old, married, residing at Purok 3, 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 Jejomar Binay, and c. lack of sufficient provocation on the
part of Reuben Rayos in defending himself and 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: Are you the same Reuben P. Rayos, the accused in the Criminal
Case No. C-45456-14 for Homicide, now pending before the Regional
Trial Court, Branch 15, Tagaytay City?
A2: Yes, Sir.
Q3: What is your highest educational attainment?
A3: I am a college graduate, Sir.
Q4: Do you personally know Mr. Junie Jung, the victim in this case?
A4: Yes, Sir.
Q5: Can you tell how you personally know Mr. Junie Jung?
A5: He lives in Purok 3, Brgy. Lituan. He is my neighbor and his
residence is just a few meters away from my house. We know each
other since we were young. We were in fact, childhood friends.

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Q6: What is your occupation?

A6: I am a balut vendor, Sir.
Q7: Do you sell balut everyday?
A7: Yes, Sir, almost every day. If it is not raining, the weather is not bad,
or if I am not sick, I sell balut within the Tagaytay City area.
Q8: You said you sell balut if it is not raining or if you are not sick. Why
is that?
A8: Pardon, Sir? Can you elaborate the question?
Q9: I mean, why is it that you only sell balut when it is not raining or
that if you are not sick?
A9: It is because I use bicycle to sell balut, Sir. I roam around Tagaytay
City to sell my goods. It would be difficult to traverse Tagaytay City
area when the weather is bad or if I am sick.
Q10: Can you tell at what particular time you start selling balut?
A10: I start at around 6:00 or 7:00 oclock in the evening, Sir.
Depending on when my supply of balut will be delivered to me.
Q11: And at what particular time you end selling balut?
A11: Usually, I end up selling when all my balut are purchased. Often,
at around 10:00 oclock in the evening, Sir, all my goods are sold.
Q12: Where were you at about 10:37 oclock in the evening, on July 5,
2014?
A12: I was on my way home, Sir, since all of the balut I am selling for
that day were al sold.

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Judicial Affidavit

Q13: What happened next?

A13: When I was approaching Kamachile Street and Kalye Segundina, I
saw Junie Jung and Jejomar Binay, Sir, at Aling Graces Sari-sari Store?
Q14: What were they doing at Aling Graces Sari-sari Store?
A14: They were having a drinking session, Sir.
Q15: What happened next?
A15: Junie Jung called my name. He invited me to join their drinking
session.
Q16: Did you join them?
A16: Yes, Sir. They are my friends, so I joined them.
Q17: When you joined them, can you describe the condition of Junie
and Jejomar?
A17: Yes, Sir. They were a bit drunk.
Q18: What do you mean by the phrase a bit drunk?
A18: I noticed that they cannot conduct themselves properly, and at
times, Junie were laughing so loud which would not normally do when
he is sober.
Q19: What happened next?
A19: When I came to their table, Sir, Junie called Aling Grace and
ordered a couple of 1-liter beer, Jejomar ordered additiona; two bottles
of the same 1-liter beer.
Q20: Can you tell what happened next?

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Judicial Affidavit
A20: We consumed the beer ordered by Junie, Sir. After we consumed
the two bottles of 1-liter beer, Jejomar ordered additional two bottles of
the same 1-liter beer.
Q21: So you continued drinking beer?
A21: Yes, Sir.
Q22: Can you remember what happened at around 11:00 oclock in the
evening of July 5, 2014?
A22: Yes, Sir. Junie and Jejomar got into an altercation.
Q23: Can you recall what was the altercation of Junie and Jejomar was
about?
A23: Yes, Sir, it was about the alleged debt of Junie to Jejomar which
remained unpaid to this day. Jejomar was demanding Junie to pay the
said debt. Junie responded that it was already paid, to which Jejomar
vehemently refuted.
Q24: What happened next?
A24: I tried to pacify them, Sir. I stood between them and told Junie that
he should keep his cool and they should avoid hurting each other.
Q25: What happened next?
A25: Junie pushed me and I fell to the ground, he then uttered Huwag
ka ngang makialam dito ha? Pakialamero kang pobret patay-gutom
ka. Tindero ka lang ng balut ah! (Do not intervene here. You just an
impoverished, dead-hungry monger. You are just a balut vendor!)
Q26: Can you recall what happened next?
A26: Junie pushed Jejomar. Jejomar also pushed Junie. Later, Junie
grabbed the fan knife on the table. He stabbed Jejomar. Junie was able
to hit Jejomars abdomen, but the second thrust was evaded by

CRIM. CASE No. C-45456-14

Judicial Affidavit
Jejomar. His right arm was badly wounded since he used it to defend
himself Jejomar then fell to the ground.
Q27: What were you doing during that time?
A27: When I saw that Jejomar was badly bleeding, I tried to stand and
call for help to pacify Junies madness.

Q28: What happened next?

A28: When I was about to stand, Sir, Junie turned back and started to
pursue and attack me.
Q29: After that what happened next?
A29: Junie lunged his body over me and had a firm grip of my neck.
Considering his size and that I was already exhausted from my work, I
could overpower him.
Q30: What did Junie Jung attempt to do during that time?
A30: He tried to attack me, Sir.
Q31: What did you do?
A31: When Junie was about to thrust the knife aimed towards my neck,
I caught his thrusting hand. As a result, my left hand got wounded, but I
was able to hold his right hand with both of my hands.
Q32: What happened next?
A32: I tried to roll him over, Sir. I noticed that he was trying to mount
and position his body over me so he could have an advantage and
overpower.
Q33: Did you succeed in rolling him over?

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Judicial Affidavit
A33: No, Sir. He was too big and heavy and I was already exhausted
and tired from work.
Q34: so what did you do next?
A34: Since Junie was way too heavy, I decided instead to wrestle with
him and tried to turn the knife towards his direction. I decided to do it
since I had both my hands against his right hand aiming to thrust the
knife to my neck.

Q35: What happened next?

A35: I was able to overpower his right hand Sir. I cranked his right hand
and pushed the knife towards his directions. He then released his left
hand that was holding his neck. He then grabbed my right hand to
release my hold of his right hand.
Q36: Did he succeed in releasing your hold of his right hand?
A36: No, Sir. He was not able to.
Q37: What happened next?
A37: I was able to overpower his right hand, Sir. I pushed the knife
towards his chest. The knife went through his chest. His left chest
started to bleed. He also started to cough blood. After several minutes,
his nose also started to bleed. I pushed him and crawled towards
Jejomar and checked on his wounds.
Q38: What did you notice that time?
A38: Jejomar seemed unconscious and was bleeding profusely. Aling
Grace, on the other hand, was inside the store, crying.
Q39: Did you run or try to escape?

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Judicial Affidavit
A39: No, Sir. I was overwhelmed by the incident. I just sat there. I really
did not know what to do during that time.
Q40: What happened next?
A40: Aling Grace went outside her store and checked on me, Jejomar,
and Junie.
Q41: After that, what happened next?
A41: The Barangay tanods arrived. They took custody of me.
Ambulance arrived later and responded to Jejomar and Junie. I saw
Jejomar being taken inside the ambulance.

Q42: What did the Barangay tanods do after taking custody of your
person?
A42: They delivered me to the Police Station, Sir.
The affiant further sayeth naught.
IN WITNESS WHEREOF, I have hereunto set my hand this 26 th day of
September 2014 at Tagaytay City.

REUBEN P. RAYOS
Affiant

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Judicial Affidavit

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

for Tagaytay City/Cavite Province this 26 th day of September 2014. Affiant
was brought before the Prosecutors Office of Tagaytay Citys Prosecutorial
Services Office and appeared with SSS ID NO. 6783922 issued on March 4,
2012 at Tagaytay City 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 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

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CRIM. CASE No. C-45456-14

Judicial Affidavit
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

Doc No.

768

Page No.

70

Book No.

11

Series of 2014