REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT OF NEGROS OCCIDENTAL

SIXTH JUDICIAL REGION
BRANCH 43 FAMILY COURT
BACOLOD CITY
-O-

PEOPLE OF THE PHILIPPINES, CRIM. CASE NO. 17-45562

Plaintiff,
FOR: VIOLATION OF
-versus- SEC. 5(a) of RA 9262 (Anti-
Violence Against Women
ARNALDO ARDIENTE-TORILLO, and Their Children Act of
Accused. 2004)
x- - - - - - - - - - - - - - - - - - - - - - - - - - -x

JUDICIAL AFFIDAVIT OF LILY CRUZ

I, Lily Cruz, of legal age, single, and residing at Blk. 5, Paglaum

Village, Brgy. Mansilingan, Bacolod City, witness for the prosecution in this
case, state under oath as follows:

PRELIMINARY STATEMENT

The person examining me is Prosecutor Malia O. Rodriguez with

address at 3rd Floor, City Prosecutors Office, Hall of Justice Bldg., Bacolod
City. The examination is being held at the same address. I am answering her
questions voluntarily, to the best of my knowledge and fully conscious that I
do so under oath and may face criminal liability for false testimony and
perjury.

PURPOSE

ThisJudicial Affidavit of Lily Cruz is executed to serve as her direct

testimony in the instant case. This Judicial Affidavit is offered to prove: (1)
all the representation in the Information including all annexes appended
thereto, which she respectfully requests to be correspondingly marked as
EXHIBITS in this case; and (2) all other related matters, facts and
circumstances relevant and material to this case, with reservation to present
additional exhibits in the course of the proceedings of the instant case.
 QUESTIONS AND ANSWERS

The following are the questions asked by Prosecutor Malia O.

Rodriguez and my answers in the English language:

Q1: Are you the same Lily Cruz, the private complainant in the case for
Viol. of Sec. 5(a) of RA 9262 (Anti-Violence Against Women and Their
Children Act of 2004) pending before the Regional Trial Court, Branch 43
of Bacolod City?
A1: Yes, Maam.

Q2: Do you personally know the accused in this case, Arnaldo Ardiente-
Torillo?
A2: Yes, Maam.

Q3: Can you tell me why you personally know Mr. Ardiente-Torillo?
A3: He is my live-in partner, Maam.

Q4: Where were you on September 21, 2017 at about 8 pm in the evening?
A4: I was at the house of Nong Joel.

Q5: Who were you with you during this time?

A5: With Nong Joel and Arnaldo who was very drunk already.

Q6: With Arnaldo under the influence of alcohol, what transpired during that
time?
A6: I asked him for us to go home since he was already so drunk. He then
lashed out at me, shouted at me, GAGA KA, PISS OFF! YUDIPUTA KA,
YOU ARE SUCH A WORTHLESS PIECE OF SHIT.

Q7: At that point, what did you do?

A7: I led him to our car to go home and to avoid further humiliation caused
by his shouts and his swearing.

Q8: And then what happened next?

A8: When we arrived home, he still repeatedly called me GAGA KA,
LINTE KA, YUDIPUTA KA, YOU ARE WORTHLESS. He pulled at my
blouse, then slammed me on the floor, punched me on the side of my head
several times and banged my head on the wall of our living room. He pulled
my hair and slammed me on the wall and on the staircase. He also took our
umbrella and hit me with it in different parts of my body until the umbrella
was broken from his force.

Q9: What else happened after that?

A9: He grabbed me by my hair, dragged me outside to our patio, banged my
head on the fence and slammed me on the pavement. He pulled me back
inside the house while still grabbing onto my hair, broke my wrist while
saying I AM GOING TO KILL YOU.

Q10: What did you do then?

A10: Seeing that my live-in partner is 66 tall and has strong muscles, the
result of working out four times a week, I could not do anything but shout
for help while he was slapping me endlessly.

Q11: And then, what happened next?

A11: Since there was no one else at the house who could hear me and come
to my aid, I gathered all my strength and fought him off and sprinted outside
our house. I ran towards the direction of the house of Nong Joel.

Q12: What happened after that?

A12: He tried to run after me while driving our car. He almost got to me at
Nong Joels house but I was able to hide inside.

Q13: Did anyone come to your aid?

A13: Luckily, Nong Joel was there and he blocked me from Arnaldos grasp
while Arnaldo tried to pull at me and slap me.

Q14: What happened next?

A14: Since Arnaldo couldnt reach me with Nong Joel in the house, Arnaldo
left with our car going towards the direction of Bangga Paglaum.

Q15: What happened after that?

A15: I had a hard time supporting myself up due to the pain in my head and
on different parts of my body including my injured hand. Nong Joel
accompanied me to the nearest hospital to get checked and recuperate from
my injuries.

Q16: What were the findings of the doctor?

A16: I had several contusions on the head and on my arms and shoulder.

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

certificate marked as Exhibit A

Q17: Who was the one who issued this medical certificate?
A17: It was issued and signed by the same physician who attended to me,
Dr. Jacinto Magsaysay of the City Health Department of Bacolod City.

Q18: Do you have anything more to add, Ms. Cruz?

A18: Yes, may it be made known that I am executing this affidavit to
establish the fact that I have been physically abused several times in the past
by ArnaldoArdiente-Torilloand aswell to support my complaint for
Violation of RA 9262 done against me.

IN WITNESS WHEREOF, I have hereunto affixed my signature this

27th day of September 2017 at Bacolod City, Philippines.

LILY CRUZ
Private Complainant

SUBSCRIBED AND SWORN to before me, this 27th day of

September 2017 at Bacolod City, Philippines. The affiant exhibiting to me
her Passport issued by the Department of Foreign Affairs Manila on 15th of
April 2013 at Roxas Blvd, Manila.

I HEREBY CERTIFY that I have personally examined the above-

named affiant and that I am satisfied that the foregoing statements were
given by her freely, voluntarily and understood the same.

MALIA O. RODRIGUEZ
Senior Asst. City Prosecutor

ATTESTATION CLAUSE

I, MALIA O. RODRIGUEZ, a prosecutor, of legal age and with

office address at 3rd Floor, City Prosecutors Office, Hall of Justice, Bacolod
City, after having been sworn to and in accordance with the law do hereby
depose and say:

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

questions I asked and the corresponding answer that private
complainant, Lily Cruz, gave;

II. That I have not, nor any other person present or assisting
coached the private complainant regarding the latters answers;
 III. That I fully understand that any false attestation shall subject
me to disciplinary action, including disbarment.

MALIA O. RODRIGUEZ

SUBSCRIBED AND SWORN to before me this 27th day of

September 2017 at Bacolod City, Philippines.

TRISTAN S. TORALBA
OIC City Prosecutor