Republic of the Philippines

5th Judicial Region

REGIONAL TRIAL COURT
Branch 1
Sta. Elena City, Paracel Island

PEOPLE OF THE PHILIPPINES,

Plaintiff,

-versus-

Criminal Case No.

For: MURDER

PACHO HERRERA y VALENCIANO,

Accused.
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JUDICIAL AFFIDAVIT OF
PACHO V. HERRERA
I, Pacho V. Herrera, of legal age, single, and living at Purok 8,
Sta. Bungbong, Sta. Elena City, Paracel Island, the accused in this
instant case, state under oath as follows:
PRELIMINARY STATEMENT
The person examining me is Atty. Joshua De Jesus with
address at Purok 7, Sta. Bungbong, Sta. Elena City, Paracel Island.
The examination is being held at the same address. I am answering
his questions fully conscious that I do so under oath and may face
criminal liability for false testimony and perjury.
This affidavit/testimony of Pacho V. Herrera is being offered to
prove (1) Accuseds location at the time of the commencement of the
crime and thereafter, which is respectfully requested to be
correspondingly marked as EXHIBITS ________ in this case; and (2)
All other related matters, facts and circumstances relevant and
material to this case.
Q1: Do you swear to tell the truth and nothing but the truth?

A1: I do, Sir.

Q2: Are you aware that you may face criminal liability for false
testimony or perjury if you will not tell the truth?
A2: I am, Sir.
Q3: Please state your name, age address and occupation
A3: I am Pacho V. Herrera, 30 years old, residing at Purok 8, Sta.
Bungbong, Sta. Elena City, Paracel Island. I work as a matadero
in the Sta. Bungbong slaughterhouse.
Q4: Do you know the deceased in the instant case, Mr. Pablo
Escobar?
A4: Yes, Sir. He is one of my barkadas.
Q5: How long have you known the deceased, Escobar?
A5: I have known him since childhood, sir.
Q6: Can you describe to this court, the depth of your relationship
with
Escobar?
A6: Since weve known each other since childhood sir, I can say that
he is my closest friend and most trusted confidant.
Q7: Where were you in the night of February 14, _____?
A7: I was with the Pablo, Sir. We were having a drinking spree.
Q8: Where did this drinking spree take place?
A8: The drinking spree took place at the sari-saristore of Mang
Kanor, Sir.
Q9: Where you celebrating anything that night?
A9: Nothing in particular sir. This was just a usual habit between
me and Pablo, sir.
Q10: What happened during this drinking spree between you and
Pablo?
A10: After a few bottles of beer sir, we started talking about a
certain girl, Valeria Velez. A disagreement erupted between me and
Pablo, sir.
Q11: What was this disagreement all about?

A11: We found out that night, that the both of us harbor feelings for
Valeria, Sir.
Q12: After such facts were brought up, what happened?
A12: A fight broke out between us sir. Pablo emerged as the better
fighter that night sir.
Q13: After the fight concluded, what did you do?
A13: I left the place sir and went home.
Q14: After going home, what did you do.
A14: I initially planned to sleep through the anger and drunkenness
sir. However, I could not do so. I needed to contemplate on the
things that happened that night sir. I decided to go to the cave
where me and Pablo would play as young children.
Q15: What route did you take when you decided to go to the cave?
A15: There are two ways to get to the cave. One way is to pass by
Mang Kanors store. The other one is through the river. As I did not
want to cross paths with Pablo, I took the longer route which is
through the river.
Q16: Was this the first time that you and Pablo had a physical
altercation because of a girl?
A16: No, sir. Being friends for quite a long time, we had our fair
share of fights over young girls.
Q17: Do these instances change the relationship between the two of
you?
A17: No sir. After a day or two, we would always reconcile and we
always manage to put our differences aside. Usually we always meet
up in the cave were we played as young children to apologize to each
other.
Q18: So you are saying that meeting up in the cave was the usual
practice of the both of you after a fight?
A18: Yes sir.
Q19: How long have you been customers of Mang Kanor?
A19: Quite a long time sir. Mang Kanors store has always been the
place where me and Pablo would engage in drinking sprees.
Q20: What is the usual demeanor of Mang Kanor towards you and
Pablo?
A20: Mang Kanor has always been grumpy towards us.

Q21: Grumpy in what way?

A21: There are moments when we buy items at his store, that he
would shout profanities towards us.
Q22: When was the last time you saw Ms. Velez?
A22: The last time I saw her was about a few weeks ago.
Q23: Where did you see her?
A23: I saw her leaving Kanors house one night.
Q24: What is the demeanor of Kanor towards Velez?
A24: I could not say with certainty sir. However there has been a
change in the way Mang Kanor reacted whenever someone mentions
Valerias name.
Q25: Can you further describe such change?
A25: Whenever someone mentions Valerias name, he would look at
them as if he was angry and would whisper profanities.
Q25: The following morning you were apprehended by police officers
in the cave you were talking about. What was your reaction to the
situation? Was there anything unusual?
A25: I woke up shocked as police officers arrested me sir.
Furthermore, I was also surprised that the clothes I was wearing
was covered in blood.
On the Murder Weapon
Q1: Do you own a bolo, Mr. Herrera?
A2: Yes sir.
Q2: When was the last time you used it?
A2: A few weeks prior to the incident sir.
Q3: What was it that you used it for?
A3: I had used it to trim the branches of the mango tree in front of
my house.
Q4: Where do you usually keep this bolo?
A5: I keep it in an unlocked shed near the mango tree in front of my
house.
Affiant further sayeth naught.

PACHO V. HERRERA
Affiant

Subscribed and sworn to before me this _______ at

____________,
Affiant
exhibiting
to
me
his
Valid
ID:____________________________________________.

Doc. No. ______;

Page No. ______;
Boook No. _____;
Series of 2016.

ATTESTATION
I hereby state, under oath, that I faithfully recorded the
questions I asked and the corresponding answers that the witness
gave and that neither I nor any other person present or assisting me
has coached the witness regarding the latters statement.

ATTY. JOSHUA DE JESUS

Roll No. ______
PTR No. ____________________
IBP No. ____________________
MCLE No. ____________________

Subscribed and sworn to before me this _______ at

____________,
Affiant
exhibiting
to
me
his
Valid
ID:____________________________________________.
Doc. No. ______;
Page No. ______;
Boook No. _____;
Series of 2014.

Copy furnished:
OFFICE OF THE PROVINCIAL PROSECUTOR
Sta Elena City, Paracel Island