REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NINTH JUDICIAL REGION
ZAMBOANGA CITY
BRANCH 13

PEOPLE OF THE PHILIPPINES,

Plaintiff,
-versus CRIM. CASE NO. 17-56745
FOR: Violation of Art. 248 of the
Revised Penal Code
PETER SANTOS ESPIRITU,
Accused.
x-----------------------------------------------x

JUDICIAL AFFIDAVIT

I am DIONISIO PASCUAL PEREZ, Filipino, of legal age, and with office

address at 905 Belle Drive, Aurora Village, Guiwan, Zamboanga City. I am being
interrogated by ATTY. ABBOYAN S. TAN ELBAMBO, an Associate of Arcinas,
Elbambo, Hernandez, and Tan, in his office at 2K Edificio Enriqueta, 422 N.S.
Amoranto St., cor. D. Tuazon Ave. Quezon City. I am executing this Affidavit for
it to serve as my direct testimony and for the purpose of proving the material
allegations in the Complaint I initiated in the above-entitled case.

I am answering ATTY. TAN ELBAMBO’s questions truthfully and based

on my personal knowledge knowing fully well that I do so under oath and that
I may face criminal liability for any false testimony.

PURPOSE

This Affidavit of Private Complainant, DINISIO PASCUAL PEREZ, is being

offered to prove the charge of violation of Section 5(b) of R.A. 9262 against the
Accused, PETER SANTOS ESPIRITU (hereafter “PETER”).

1. Q: How did you know the Accused in this case?

A: He is a friend of my parents and would have lunch in our house
often.

2. Q: Where were you on the 31st of October, 2016?

A: We went to the house of Bugoy Drilon, one of our classmates who
lived around 7 km away from Peter’s house, to work on a group project.

3. Q: Who were you with, if any?

A: I was with my other groupmate and friend Nono Vargas
4. Q: Why were you all there?
A: We went there to work on a group project which was due in two
days.

5. Q: What time did you leave Bugoy Drilon’s house?

A: Around, 10:30 pm.

6. Q: How far away was Bugoy Drilon’s house from Peter’s house?
A: Around 7 kilometers.

7. Q: What route did you take going home?

A: Nono and I chose to pass through Aurora Drive like we always did.

8. Q: What happened on your way home?

A: Samuel Tulis’ car drove pass us and stopped in front of Peter’s
house.

9. Q: How did you know it was Samuel and his car?

A: Samuel is the uncle of one of our classmates, Genevieve Tulis. I
would often see Samuel pick up Genevieve from school using the same
care. There was also a street lamp which illuminated the place.

10. Q: What happened after the Samuel stopped in front of Peter’s house?
A: Samuel shouted “Peter! Lumabas ka diyan! Hayop ka! Ahas ka!”

11. Q: What could have been Samuel’s reason for saying that?
A: It was no secret that Peter and Samuel’s girlfriend, Maria, were
having an affair.

12. Q: Did Peter respond?

A: Yes.

13. Q: How and what did Peter do as a response?

A: Peter peeped out from his window and shouted back saying
“Walang hiya ka! Ang lakas ng loob mong mag-skandalo sa pamamahay
ko! Ang tapang mo ah! Tignan natin kung hanggang saan yang
katapangan mo!”

14. Q: Where was Peter situated during this exchange?

A: The second floor of the house.
15. Q: How did you know it was Peter who Samuel was talking to?
A: The street was well lit with a lamp post and the room where Peter
was in was also well lit. It is also well-known that only Peter lived in that
house.

16. Q: What happened next, if any?

A: Peter went back inside, peeped back out his window holding a gun,
and suddenly shot Samuel.

17. Q: Where was Peter when this transpired?

A: Still at the second floor. He was peeping out the same window he
opened when he first conversed with Samuel.

18. Q: Did Peter say anything before and after he shot Samuel?
A: No.

19. Q: What time did this happen?

A: Around 11:30 pm.

20. Q: What was your reaction after the shooting?

A: I was scared so both Nono and I ran the opposite direction (where
we came from) and went to the police station to report the incident right
away.

21. Q: What did the police do about it, if any?

A: They asked us to recount the event and took down our testimonies.

22. Q: What happened next, if any?

A: My parents, and also Nono’s, came to the police station and took us
home.

I have signed this affidavit this 7th day of March 2017, in Quezon City, to
prove the truthfulness of all my statements here and also to authenticate the
documents which I have turned over to Atty. Abboyan S. Tan Elbambo.

DIONISIO PASCUAL PEREZ

Affiant
 SUBSCRIBED AND SWORN to before me this 7th day of September 2017
in Quezon City, affiant exhibiting to me her Competent Evidence of Identity
_____________________

Doc No. __;

Page No. __;
Book No. __;
Series of 2017.
 ATTESTATION

I, ABBOYAN S. TAN ELBAMBO, with office address at 2K Edificio

Enriqueta, 422 N.S. Amoranto St., cor D. Tuazon Ave., Quezon City attest under
oath that:

1. I personally conducted the examination of DIONISIO PASCUAL

PEREZ (MR. PEREZ), Private Complainant in the Criminal Case filed against
PETER SANTOS ESPIRITU for violation of Art. 248 of the Revised Penal Code;

2. I faithfully recorded the questions I asked to MR. PEREZ and the

corresponding answers he gave me; and

3. Neither I nor any person then present coached MR. PEREZ

regarding his answers.

Affiant

SUBSCRIBED AND SWORN to before me this 7th day of March 2017 in Quezon
City, affiant exhibiting to me his Competent Evidence of Identity
_____________________

Doc No. __;

Page No. __;
Book No. __;
Series of 2017.
Copy furnished:

PETER SANTOS ESPIRITU

1049 Aurora Drive, Aurora Village, Guiwan, Zamboanga City

EXPLANATION
(Re: Service through Registered Mail)

In compliance with Section 11, Rule 13 of the 1997 Rules of Civil

Procedure, counsel respectfully manifests that service of the foregoing Motion
was done by registered mail, personal service not being practicable at the
present time, due to distance and unusually heavy volume of pleadings which
have to be filed by our office messengers.

ABBOYAN TAN S. ELBAMBO