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JA Robbery

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Page 1: JA Robbery

1

Republic of the Philippines

REGIONAL TRIAL COURT

National Capital Judicial Region

Branch 10

Manila City

PEOPLE OF THE PHILIPPINES,

Plaintiff, CRIM. CASE No. 12345-67

-versus- FOR: ROBBERY WITH

FRUSTRATED

HOMICIDE

JASON WILLIAMS Y CASTRO,

Accused.

X-------------------------------------------X

JUDICIAL AFFIDAVIT

OF MR. TERRENCE J. ROMEO

I, TERRENCE J. ROMEO, 26 years old, single, residing at #81 Padre

Noval St., Sampaloc Manila, after having been sworn in accordance with law

do hereby depose and state:

That Fiscal MIGUEL N. YAP is the counsel who conducted and

supervised my examination as a witness at his office at City Prosecutor’s

Office, Manila City;

That I am answering the questions herein voluntarily and 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 Fiscal Miguel N. Yap

and my answers thereto:

Q1: Do you swear to tell the whole truth and nothing but the truth?

A1: Yes, I do.

Q2: Are you Mr. Terrence J. Romeo, the private complainant in this case for

Robbery with Frustrated Homicide now pending before the Regional Trial

Court, Branch 10 of Manila City?

A2: Yes, I am.

Page 2: JA Robbery

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Q3: Where were you on May 18, 2015 at around 11:15 in the evening?

A3: I was on my way home after playing basketball from 8:30 pm to 10:30

pm with some friends. I was walking along Loyola Street about two

blocks from our house.

Q4: Can you please narrate in detail the events that transpired during that

time?

A4: While I was walking home, I stopped at a bakery at the corner of Galicia

Street, about two blocks away from our street. I stopped to buy a pack

of cigarettes and a bottle of Coke. While waiting for my change, I man

wearing a black jacket, shorts, and a yellow cap stood beside. I thought

he was another customer but when asked by the sales lady what he

wanted, he didn’t say anything. I also noticed that he kept glancing at

me. I felt suspicious so after I got my change, I immediately left and

walked briskly. After walking a short distance from the bakery, near G.

Tolentino Street, I suddenly felt a sharp object poke my back and

immediately, someone grabbed me by the shoulders and said “Wag ka

mag-iingay, sasaksakin kita.”

Q5: Were you able to recognize the man who assaulted you?

A5: Yes, sir.

Q6: How were you able to recognize him?

A6: He was the same man I saw at the bakery. I remembered his face and he

was wearing the same jacket, shorts and cap.

Q7: Was anyone present in the area when you were assaulted?

A7: No, sir. There were about three other people but they were walking

ahead of me and were about a block away from us.

Q8: What happened next?

A8: I couldn’t do anything. I just raised my hand and pleaded to the man not

to hurt me. I didn’t dare to run away or call for help as there was a sharp

object pressed behind my back and the man had an arm over my

shoulder and was grabbing on to my shirt. The man then said, “Bigay

mo sa’kin wallet mo, ‘yang cellphone mo, pati ‘yang relo mo hubarin

mo. Wag ka magtatangka tumakbo, tutuluyan kita.”

Q9: Did you give the man what he wanted?

A9: Yes, I did. I handed him my wallet, cellphone and watch.

Q10: After you gave him your personal belongings, what did he do next?

Page 3: JA Robbery

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A10: I thought he would already let me go but the man told me to stand still

and not to move. He checked my wallet, took the money inside and also

my ATM card. He then said “Tara, magwi-withdraw ka pera.”

Q11: What did you do?

A11: I said, “Kuya walang laman ATM ko. Estudyante pa lang ako. Pakawalan

nyo na po ako, binigay ko naman na po sa inyo gamit ko.”

Q12: Why didn’t you just do what he asked?

A12: There was about thirty thousand pesos in my bank account but it wasn’t

my money. It was my brother’s money which my mom sent to my bank

account for payment of his tuition. The man already took my belongings

so thought he’d be contented with it. I thought if I told him that I didn’t

have anything more to give him, he’d believe me. I couldn’t let him take

the money because my brother won’t be able to take his midterm

exams if he would not be able to pay his tuition. I know my mom

wouldn’t be able to raise the amount again in time before my brother’s

exams.

Q13: Okay, so what happened after?

A13: The man got angry and said, “Tangina, sasagot ka pa?”

I said, “Kuya wala na talaga ko maibibigay.”

The man looked around and checked if there was anyone around then

suddenly, I felt a sharp pain at my back. The pain was so intense that

fell on my knees grabbing my back in pain. I knew I was stabbed. For

about a moment, I couldn’t breathe. While I was on the floor, I felt

another blow and sharp pain to right side of my body. The man stabbed

me again. Then I saw the man hurriedly walking away as if nothing

happened.

Q14: After that how were you able to get help?

A14: I couldn’t shout. I was in pain and was bleeding all over the floor. I just

heard people approaching me and saying, “Tumawag kayo ng

ambulansya… May nasaksak!”

Some people might have witnessed what happened from a distance and

came to help after the man had left.

Q15: What happened next?

A15: I was taken to the hospital and was treated for serious injuries. I was

operated on immediately and was confined in the ICU. About two weeks

later, when I was doing better, two policemen came to the hospital

Page 4: JA Robbery

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accompanied by my brother and asked me about the incident. I narrated

to them the same facts as I am stating now.

Q16: How were you able to identify Mr. Jason Williams y Castro as your

assailant?

A16: When the police came to the hospital, they showed me a picture and

asked me if I could identify who the man in the picture was. I

immediately recognized the man as the one who robbed and stabbed

me. It was then that they told me that the man’s name was Jason Castro

who is a known holdaper in the area of Sampaloc.

Q17: Are you absolutely sure that it was the accused, Mr. Castro, who

assaulted you?

A17: Yes, sir. I am one hundred percent sure. I remember his face clearly.

Q18: Do you have any other proof of your allegations?

A18: Yes, sir. The two men who helped me, Mr. James Alcantara and Mr.

Aaron Bayot, were able to witness what happened. They are also

testifying as my witnesses in this case. The event was also captured by

the CCTV camera in the computer shop just across the street where the

incident happened.

Q19: Do you also have a medical certificate to prove the extent of your

injuries?

A19: Yes, sir.

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

certificate marked as exhibit “A.”

Q20: Based on this medical certificate, you sustained life-threatening injuries

and would have incapacitated you for a period of at least three months.

Is this accurate?

A20: Yes, sir. The doctor told me that my right kidney and my right lung was

punctured by a sharp object about an inch wide. My lower right rib was

also broken due to the force of the blow to my side side. Was it not for

immediate medical treatment, I would have died.

I was in the Intensive Care Unit of the University of Santo Tomas

Hospital for almost two weeks and was confined further for about one

month. After I was discharged, I was advised bed rest for at least six

weeks. I was not able to return to school for about 94 days starting the

day following the incident.

Q21: Who issued the medical certificate?

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A21: It was Dr. Russel Peralta, Medical Officer III at the UST Hospital. He

issued and signed the medical certificate.

Q22: How did you say that it was Dr. Peralta who signed it?

A22: The medical certificate was issued upon my request and it was signed

in my presence.

Q23: Is there anything else you would like to say Mr. Romeo?

A23: No more, sir.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 21st

day of September 2015 at Manila City, Philippines.

TERRENCE J. ROMEO

Private Complainant

SUBSCRIBED AND SWORN to before me this 21st day of September

2015 at Manila City, Philippines.

MIGUEL N. YAP

Asst. City Prosecutor

Detailed Manila City

National Capital Region

MCLE Compliance No. IV 000000

Officer-in-Charge

Page 6: JA Robbery

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ATTESTATION OF LEGAL COUNSEL

I, MIGUEL N. YAP, Asst. City Prosecutor, Detailed Manila City, National

Capital Region, 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,

Terrence J. Romeo, gave;

2. That I have not, nor did any other person present or assisting coach

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 21st

day of September 2015 at Manila City, Philippines.

MIGUEL N. YAP

Counsel for the State

SUBSCRIBED AND SWORN to before me this 21ST day of September

2015 at Manila City, Philippines.

ATTY. JAMES V. BISNAR

Public Attorney IV

Public Attorney’s Office

Manila City, National Capital Region

MCLE Compliance No. IV 000000

Officer-in-Charge