You are on page 1of 9

Republic of the Philippines

REGIONAL TRIAL COURT


16TH Judicial Region
Branch 2
Tuguegarao City, Cagayan

PEOPLE OF THE PHILIPPINES,


Plaintiff,
-versus-

CRIM. CASE No. 80688-00


FOR: ACTS OF

LASCIVIOUSNES
EDDISSON CAUILAN,
Accused.
X- - - - - - - - - - - - - - - - - - - - - - - /

JUDICIAL AFFIDAVIT
OF MR. EDDISSON CAUILAN

I, KENRICK R. LANCHINEBRE, 18 years old, single, residing at


Carig Norte, Tuguegarao City, Cagayan after having been sworn to in
accordance with the law do hereby depose and state:

That Fiscal MIMA ROPA is the counsel who conducted and


supervised my examination as a witness at her office at Provincial
Prosecutors Office, Tuguegarao City, Cagayan;
That I am answering the questions herein fully conscious that I do so
under oath and that I may be criminally liable for false testimony or perjury;

The following are the Questions propounded by Kenrick R.


Lanchinebre and my answers in English language:

Q1:

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

A1:

Yes Maam.

Q2:

Are you the same Kenrick R. Lanchinebre, the private complainant in


this case for Acts of Lasciviousness now pending before the Regional
Trial Court, Branch 1 of Tuguegarao City, Cagayan?

A2:

Yes Maam.

Q3:

What is your highest educational attainment?

A3:

3rd year High School at Cagayan National High School.

Q4:

Do you personally know the accused in this case, Mr. Eddisson


Cauilan?

A4:

Yes Maam.

Q5:

Can you tell us why you personally know Mr. Cauilan?

A5:

He also lives in Carig Norte. He is our neighbor and their


house
is just beside our house. We are friends since I was a
child.

Q6:

Where were you on January 3, 2013 at about 10:00 oclock in the


morning?

A6:

I was walking home at that time after I had visited my friend Tin
Tinaw at Carig Norte, Tuguegarao City.

Q7:

Who was with you during that time you were walking home?

A7:

I was alone Maam.

Q8:

What transpired during that time?

A8:

I was walking alone. When I reached in front of Cauilans house,


Eddisson Cauilan who was looking at me, came out and told me in
ilocano
words
to quote Naggwapo ka man tatta, balong.
unquote. Then he held my hands, up and down. And he even embraces
me and holds my chest until it reached my private part.

Q9:

When he done that you, what did you do?

A9:

I didnt do anything Maam. I could not do anything.

Q10: Why do you say that you couldnt do anything?


A10: Because Eddisson Cauilan is bigger and stronger than me. And no one
dared to fight with him Maam.

Q11: Was Eddisson Cauilan drunk at that time?


A11: No Maam. He didnt smell or look like he was drunk.

Q12: Can you tell us how big Eddisson is?


A12: He is 56 tall. His body structure is firm and has strong muscles
because he works out sometimes. He acts like he can beat all of us
smaller than him. We are actually terrified by his presence
because of
his unpleasant behavior.

Q13: Why do you say unpleasant behavior?

A13: Because whenever me and my friends are walking in front of his


house,
he just suddenly interrupts us and telling us to stop over
and touch our private parts. He then threatens us that if we are taking
about him, we surely would get a prize from him.

Q14: What prize would this be?


A14: Maybe a punch or a kick or even kill us.

Q15: Aside from the incident that


happened last January 3, 2013, was
there any other incident of doing those acts to you?
A15: Yes Maam.

Q16: Can you tell us what happened and when it happened?


A16: On January 10, 2013 more or less 3:00 o clock in the afternoon, in
front of Cyber Jazzer, Carig Norte, Tuguegarao City. While I was
passing by the Internet Caf, I saw Eddisson Cauilan, came out from
the Cyber Jazzer Internet Caf. He walk towards me and held my
hands and dragged me away from the caf and after that he embraced
me and kissed and touched my private parts.

Q17: When he embraced, what did you do?


A17: I tried to escape after he embraced me. However, he grabbed my
arms and twisted it over my back and he said in ilocano words
to
quote Haan ta pay nalpas unquote. Then he kissed me again
on
my right portion of the body and touched my left leg up to my
private part. I fell down the ground after that gripped because Im
losing my strength. It was really painful that it made me cried.

Q18: Did anybody see the incident?


A18: Yes Maam. Our friend Ai Cee, the owner of the
there.

Internet Cafe was

Q19: What did Ai Cee do?


A19: He shouted at Eddisson and told him to stop.

Q20: What did Eddisson do when Ai Cee told him to stop?


A20: He just laughed and said in visayan words again to quote Tagarim
man! KJ ka!. Then he left.

Q21: What did you do then?


A21: I stood up and Ai Cee helped as I hardly can walk because he lay at
my top.
Then he accompanied me back home.

Q22: And then, what happened next?


A22: When I got home I told my mother about the incident and then we
reported the incident to police Station3 in Carig Norte, Tuguegarao
City.

Q23: Do you have any proof of all your allegations?


A23: I have my witnesses Maam, Ai Cee.

Q24: Do you have any medical certificate to support your allegations?


A24: Yes, Maam, I have.

Attached to this Judicial Affidavit is an original copy of the medical


certificate marked as Exhibit A.

Q25: Based on this medical certificate you are showing to us that the
injuries would have incapacitated you for a period of 7 to 10 days?
A25: Yes, Maam, I was actually incapable to join my classes at Cagayan
National High School for more than a week due to the pain that I
suffered. The next day after the incident I had bruises and it was
absolutely difficult for me to stand.

Q26: Who issued this medical certificate?


A26: It was Dr Rocelda L Mirasol Maam, Medical Officer III at
Tuguegarao Medical Center

Q27: Whos signature is this in the medical certificate?


A27: My doctor, Maam, Dr. Rocelda L. Mirasol.

Q28: Why did you say that it was Dr. Mirasol who signed it?
A28: Because I was in front of her when she signed the medical certificate.

Q29: Do you have anything to say, Mr. Lanchinebre?


A29: No more, Maam.

IN WITNESS WHEREOF, I have hereunto affixed my signature this


7 day of February 2013 at Tuguegarao City, Philippines.
th

KENRICK R. LANCHINEBRE
Private Complainant

SUBSCRIBED AND SWORN to before me this 7 th day of February 2013 at


Tuguegarao City, Philippines.

MIMA ROPA
Asst. Provincial Prosecutor
Detailed PPO-Tuguegarao City
Cagayan
MCLE Compliance No. IV 000000
Officer-in-Charge

ATTESTATION OF LEGAL COUNSEL


I, MIMA ROPA, Asst. Provincial Prosecutor, Detailed PPOTuguegarao City, Cagayan, after having been sworn to in accordance with
the law do hereby depose and say:

1. That I have faithfully recorded or caused to be recorded the


questions I asked and the corresponding answers that witness,
Kenrick R. Lanchinebre, gave;
2. That I have not, nor any other person present or assisting coached
the witness regarding the witness answers; and
3. That I fully understand that any false attestation shall subject me to
disciplinary action, including disbarment.

IN WITNESS WHEREOF, I have hereunto affixed my signature this


7 day of February 2013 at Tuguegarao City, Philippines.
th

MIMA ROPA
Counsel for the State

SUBSCRIBED AND SWORN to before me this 7 th day of February


2013 at Tuguegarao City, Philippines.

ATTY. PRINCE S. MORAL


Public Attorney IV
Public Attorneys Office
Tuguegarao City, Cagayan
MCLE Compliance No. IV 000000
Officer-in-Charge