ANNEX D

REPUBLIC OF THE PHILIPPINES )

PROVINCE OF CEBU ) Sc.
CITY OF CEBU )
x------------------------------------/

JUDICIAL AFFIDAVIT
I, JUANA DE LA CRUZ, Filipino citizen, of legal age, married,
and resident of Cebu City, after having been duly sworn in accordance
with the law hereby depose and say:

PRELIMINARY STATEMENT

That in accordance with A.M. No. 12-8-8-SC, which prescribes

the use of judicial affidavits to serve as the direct examination
testimony of the witness, on the basis of which the adverse party may
conduct their cross-examination on such a witness, I hereby execute
this judicial affidavit in a question and answer format;

That conformably with section 3 (b) of the said A.M. No. 12-8-8-
SC, I also state that it was ATTY. JOAN G. NACORDA, the counsel
who conducted and supervised the examination of the undersigned
affiant in her office at Room 501, EH Building, Pelaez St., Cebu City;

That conformably also with section 3 (c) thereof, I hereby state

under the pain of perjury that in answering the questions asked of me,
as appearing herein below, I am fully conscious that I did so under
oath, and that I may face criminal liabilities for false testimony or
perjury;

AND UNDER OATH, AVERS THE FOLLOWING:

1. Q : What is your name?

A : I am Juana de la Cruz.

2. Q : Where do you live?

A : I live in Pelaez Street, Barangay Kamagayan, Cebu City.

3. Q : What are the reasons why you voluntarily came to this

office?
A : I want to give information about what happened to Juan
de la Cruz when was arrested the police last September 21,
2018 during the protest that he joined.

1
ANNEX D

4. Q : Do you know Juan de la Cruz?

A : Yes, I know Juan de la Cruz.

5. Q : How are you related to Juan de la Cruz?

A : I am the mother of Juan de la Cruz.

6. Q : Where does Juan de la Cruz live?

A : He lives with me in our house.

7. Q : As a son, how would you describe Juan de la Cruz?

A : He’s a good son. He is helpful in the house and he does
well in his studies. But sometimes, he does not listen to me
when it comes to things he strongly believes in.

8. Q : Do you know what your son is up to in school?

A : Yes, he informed me that he was elected as president of the
Supreme Student Council of the University of San Carlos.
He also told me about his involvement in student
mobilization against impunity perpetuated by the
government.

9. Q : Did you approve of his activities in school?

A : Not entirely. I respect my son’s belief and I admire that he
is willing to stand up and speak. However, I am very
worried because there may be some people who may
retaliate against him.

10. Q : Where were you on September 21, 2018?

A: I was at home doing some chores.

11. Q : Where was Juan de la Cruz during that day?

A: He was at the Fuente Osmeña Circle. He told me before he
left in the morning that he was going to lead a rally with
some officers of the student council against extrajudicial
killing.

12. Q : What time did Juan de la Cruz leave your house?

A: Around 7 o’clock in the morning. I insisted that he should
not go to the rally and we had a brief talk about it.

13. Q : What did you talk about?

A: I asked him if there was no way that he would not attend.
He said that he needed to be there and he said it earnestly.
So I just resigned myself and asked him if the event will be

2
ANNEX D

safe. Juan told me “Ayaw ka balaka, Ma. Safety ra man ang

protest. Naa man sad mi mga permit. Kuyog man sad nako
akong mga kauban sa SSC ug si Charlene. So, naa gyud
koy kuyog.” (Ma, don’t worry. The protest is safe. We have
the necessary permits and I will be with other student
council officers and Charlene so I have company.)

14. Q : What did Juan de la Cruz do after this short talk with you?
A: He kissed me goodbye and told me that he might be home
a little late as he promised Charlene that they will be
having dinner after the protest.

15. Q : Did you ask him what time is he expected to be home?

A: Yes. He said that he may be home around 7 o’clock. That
he will return home after he delivers Charlene safely to her
house after their dinner.

16. Q : What did Juan de la Cruz do afterwards?

A: He left the house.

17. Q : Do you remember what Juan de la Cruz brought with him

when he left your house?
A: Yes. I remember that he brought his Case Logic backpack
with him. He usually brings this bag everywhere
especially to school.

18. Q : Do you know the contents of Juan de la Cruz’ bag?

A: Yes, I know that he keeps his wallet, cellphone, laptop, and
his school work inside the bag.

19. Q : What time did Juan de la Cruz come home on September

21, 2018?
A: Juan did not come home on September 21, 2018.

20. Q : Did you suspect anything was amiss on September 21,

2018?
A: Not really, I was just watching some television at home
until Charlene arrived. She looked very worried. Then just
a few minutes after Charlene arrived, Candelario and Juan
Antonio arrived as well.

21. Q : What were Charlene, Candelario, and Juan Antonio doing

in your house?
A: They came to tell me what happened to my son.

3
ANNEX D

22. Q : What did the three tell you?

A: They said that Juan was arrested by three police officers
and that he was taken forcibly into a van. Candelario and
Juan Antonio told me that they chased the van to Camp
Sergio Osmeña where the PNP Region VII Office was but
they were not allowed inside and were unable to follow
Juan.

23. Q : What did you do afterwards?

A: I wanted to go to Camp Sergio Osmeña and demand that
the police release my son.

24.Q : Did you go to Camp Sergio Osmeña that day?

A: No. It was already late in the evening and Candelario
advised me to go in the morning. He also offered to
accompany me the following morning.

25. Q : What happened afterwards?

A: I thanked Charlene, Candelario, and Juan Antonio for
telling me what happened. I told them to go home and get
some rest. Charlene, however, insisted that she was
staying with me for the meantime which I accepted.

26. Q : What did you do the following morning, September 22,

2018?
A: Candelario and I went to Camp Sergio Osmeña.

27. Q : Around what time did you arrive at Camp Sergio Osmeña?
A: We arrived at 7 o’clock in the morning.

28. Q : What did you when you arrived?

A: I inquired to the officer at the desk as to my son’s arrest.

29. Q : What did the officer at the desk do?

A: He asked for the details of my son’s arrest and then stood
up with some papers and went to the back.

30. Q : What happened afterwards?

A: The officer at the desk returned but with another police
officer.

31. Q : Who was this other police officer?

A: He introduced himself to us as SPO4 Jerrard Ivan Dulce.
He invited us to sit at the holding area.

4
ANNEX D

32. Q : What happened when you were brought to the holding

area?
A: I asked SPO4 Dulce as to my son’s arrest.

33. Q : What did SPO4 Dulce tell you?

A: He told me that Juan was released in the early evening of
September 21, 2018.

34. Q : After receiving this information, what did you do?

A: I requested SPO4 Dulce to be given a copy or at least see
the spot reports, police blotters, and release order for my
son.

35. Q : How did SPO4 Dulce respond?

A : He said that he will have to ask his superior officer,
P/Supt. Harold Ondangan as to whether he can release
such documents to me.

36. Q : What did he do after saying this?

A : He left me and Candelario at the holding area, I presume
to ask P/Supt. Ondangan about the matter.

37. Q : While waiting for SPO4 Dulce to return, what were you
doing?
A : I was just seated at one of the chairs in the holding area.
Candelario told me that he had to go out for a while to go
to the restroom. Then, it was just me in the holding area
when Candelario left.

38. Q : Did you notice anything amiss while you were at that
holding area?
A : Yes, while I was looking around I saw a bag lying on the
floor near the police desk.

39. Q : Was there anything remarkable about this bag that you
saw?
A : Yes. It looked a lot like the Case Logic backpack that my
son, Juan, was carrying before he left the house on
September 21, 2018.

40. Q : Did you anything to the bag?

A : I was about to go near the bag when suddenly SPO4 Dulce
returned to the holding area.

5
ANNEX D

41. Q : What did SPO4 Dulce say upon his return?

A : He said that I could not be given the documents that I
requested to view or get.

42. Q : Did he say why you were being denied?

A : No. He just said I could not get or see the documents.

43. Q : What did you say afterwards?

A : I told him that the bag near the police desk looks like the
bag of my son and demanded that it be returned.

44. Q : Were you able to get the bag?

A : Yes. SPO4 Dulce said that the bag was turned over to them
as “lost” and told me to help myself with the bag, and if it
is indeed my son’s to file with the officer at the desk the
necessary paperwork. He subsequently left after saying
this.

45. Q : What did you do once you got a hold of the bag?
A : I opened the bag and I saw Juan’s school ID inside
together with some papers which looked like pamphlets
and some school reports.

46. Q : Did you notice anything amiss with the contents of the
bag?
A : Yes. Juan’s wallet, cellphone, and laptop were not inside
the bag.

47. Q : What did you do upon discovering this?

A : I went back to the officer at the desk and reported the
matter. The officer merely shrugged gave me some release
papers and told me that I could take the bag.

48. Q : What did you do afterwards?

A : I asked the officer at the desk what I could do and he said
that he doesn’t know anything and stood up and left the
desk. I saw Candelario return from the rest room and told
him that I saw Juan’s bag inside the holding room and that
the police officers were unhelpful.

49. Q : What happened afterwards?

A : Candelario told me that we could write letters to the PNP
National Office to ask permission to view the documents.

6
ANNEX D

He also suggested that we approach a lawyer about the

matter as well as ask assistance from the local government.

50. Q : What did you do after this?

A : Candelario and I went back home and made some calls to
the authorities about the matter.

Further Affiant Sayeth None.

IN WITNESS WHEREOF, I hereunto set my hand below this

_______ day of ______, 2018 at Cebu City.

JUANA DE LA CRUZ
Affiant
Passport No. BC 0112233

JURAT

SUBSCRIBED AND SWORN to before me this ______ day of

_______________ at Cebu City, Philippines; affiant exhibited to me his
identification document as indicated above.

JOAN G. NACORDA
NACORDA, SUMALPONG, AND VENTURA LAW OFFICES
Room 501, EH Building, Pelaez St., Cebu City
TIN No. 444-330-012-000
PTR No. 0123456, C.Y. 2018
IBP Lifetime No. 012345
Roll of Attorneys No. 12345, XX-XX-XX
MCLE No. VI-0000123, issued June 10, 2017

Doc. No. ________;

Page No. ________;
Book No. ________;
Series of 2018