Republic of the PhilippinesREGIONAL TRIAL COURT

Second Judicial RegionBranch 01

Tuguegarao City

PEOPLE OF THE PHILIPPINES,

Plaintiff, CRIM. CASE No. 6969

-versus- For: Mutilation

KITCHE N. KNIFE,

Accused.

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JUDICIAL AFFIDAVIT

OF MR. PENISSI P. NUTOL

I, PENISSI P. NUTOL, 30 years old, married, residing at Macapagal Avenue,

Tuguegarao City, after having been sworn to in accordance with the law do hereby

depose and state:

That Fiscal ORLANDO B. BARENG JR. is the counsel who conducted and

supervised my examination as a witness at his office at Provincial Prosecutor’s Office,

Tuguegarao City;

That I am answering the questions herein 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 Orlando B. Bareng Jr. and

my answers in English language:

Q1: Do you swear to tell the truth and nothing but the truth?A1: Yes Sir.

Q2: Are you the same Penissi P. Nutol, the private complainant in this case for Mutilation now pending before the Regional Trial Court, Branch 1 of Tuguegarao City?

A2: Yes Sir

Q3: Are you married?A3: No sir.

Q4: Do you personally know the accused in this case, Ms. Kitche N. Knife?

A4: Yes Sir.

Q5: Can you tell us why you personally know Ms. Knife?A5: She is my Live-in partner.

Q6: How long you were living together?A6: Five years and Six months sir.

Q7: Do you have a child?A7: None Sir.

Q8: Where were you on Feb. 14 , 2015 at about 10:00 o’clock in the evening?A8: I was drinking some beer while watching T.V at home at that time.

Q9: Was Ms. Knife with you during that time you were drinking beer?A9: No sir. She went to our room early in the evening and told me that she will be

waiting for me there.

Q10: What time did you proceed in your room?A10: Around 11 p.m sir.

Q11: What was the accused doing when you entered your room?A11: She was lying in the bed while watching movie in my laptop.

Q12: What did she do when she saw you?As12: She turn-off the laptop and invited me to lie in her side.

Q13: What happened next?A13: She removed all my cloths and hers too. And then she showed me handcuffs

and asked me to put it in my hands.

Q14: Did you obey her?A14: Yes Sir.

Q15: Why did you obey her?A15: Because she told me that she just want to do what she had watched in the

movie “50 shades of grey,” with a twist.

Q16: What does the statement “with a twist” means?As16: It means that I would be the one to become submissive as different from the

movie.

Q17: When you obeyed her, what did she do?A17: She put another handcuffs in my feet and tied my legs and breast with a rope to

the bed and put a tape in my mouth. Q18: Did you raise any objection from what she was doing?A18: I did nothing because I thought it’s normal as what happens in the movie.

Q19: What did she do next?A19: She showed me some pictures.

Q20: Who were in the pictures?A20: Me and my lady boss.

Q21: What you were doing in the pictures?A21: We’re lying in a bed without clothes sir.

Q22: What did you do when you have seen the pictures?A22: I tried to remove the handcuffs and the rope but I failed to do so.

Q23: What was in your mind that time?A23: I knew that time that she will be doing something to me, like harming me.

Q24: Did she say anything while you were trying to free yourself from the rope and handcuffs?

A24: She said “ Laglag inbagak la ngarud nga bagi ka laengen, nagbiruk ka paylang ti sabali! Nasaysayaat laengen nga ikkatek dayta pagragsakam tapno haanen a pakayranudan pay ti sabali!”

Q25: What did you do?A25: I couldn’t do anything sir.

Q26: Why do you say that you couldn’t do anything?A26: Because I was tied and my mouth was taped. I can’t even move.

Q27: What did she do next?A27: She got a bread knife in the kitchen.

Q28: Then?A28: She started cutting my penis.

Q29: Did she successfully cut your penis?A29: Yes sir.

Q30: How long is the part being cut?A30: About 3 inches sir.

Q31: Where did she put the cut of your penis?A31: I think she flashed it in the toilet.

Q32: What made you think that she flashed it in the toilet?A32; I heard the toilet flashing after he successfully cut my penis sir.

Q33: What did she do after successfully cutting your penis?A33: She untied me but the handcuffs were still in my hands and feet, then she left.

Q34: What did you do when she left you?A34: I cried for help and my neighbor came to rescue me.

Q35: What did your neighbor do?A35: He called to the police station sir.

Q36; How long before the police officers arrived?A36: About 3 to 4 minutes sir.

Q37: Is the accused still in the area when the police arrived?A37: No sir. She already fled away.

Q38: What did the officers do when they arrived?A38: They tried to locate the cut of my penis but were unable to find it. Then they

bring me to the Peoples hospital.

Q39: Do you have any proof of all your allegations?A39: I have my witness sir, my neighbor Mackey Alam.

Q40: Do you have any medical certificate to support your allegations?A40: Yes sir, I have.

Attached to this Judicial Affidavit is an original copy of the medical certificate marked as Exhibit “A”.

Q41: Based on this medical certificate you are showing to us that the cutting of your penis would have permanently incapacitated you to generate or sexually reproduce?

A41: Yes, sir, I was actually permanently incapable of sexual intercourse or reproduction.

Q42: Who issued this medical certificate?

A42: It was Dr Hayden C. Kho sir, Medical Officer III at Peoples Hospital.

Q43: Who’s signature is this in the medical certificate?A43: My doctor, sir, Dr. Hayden C. Kho.

Q44: Why did you say that it was Dr. Mirasol who signed it?A44: Because I was in front of her when she signed the medical certificate.

Q45: Do you have anything to say, Mr. Nutol?A46: No more, Sir.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 17th day of March 2015 at Tuguegarao City, Philippines.

PENISSI P. NUTOL Private Complainant

SUBSCRIBED AND SWORN to before me this 17th day of March 2015 at Tuguegarao City, Philippines.

ORLANDO B. BARENG JR.Asst. Provincial ProsecutorDetailed PPO-Tuguegarao City

MCLE Compliance No. IV 000000 Officer-in-Charge

ATTESTATION OF LEGAL COUNSEL

I, ORLANDO B. BARENG JR., Asst. Provincial Prosecutor, Detailed PPO-Baguio City, 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, Victoria L. Soledad, gave;

2. That I have not, nor any other person present or assisting coached 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 17th day of March 2013 at Tuguegarao City, Philippines.

ORLANDO B. BARENG JR. Counsel for the State

SUBSCRIBED AND SWORN to before me this 17th day of March 2015 at Tuguegaraoio City, Philippines.

ATTY. KELLY D. MARQUEZ Public Attorney IV Public Attorney’s Office

Baguio City MCLE Compliance No. IV 000000

Officer-in-Charge