Criminal Procedure

Quiz # 2
1. Juan Dela Cruz and Maria Clara are husband and wife. They live at No. 1, Bonifacio
Street, Baguio City. Juan works as a bus driver of Dangwa Bus Corporation with office
address at Dangwa Terminal, Baguio City, while Maria is a waitress at Monroe Bar,
Baguio City. For the past three months, everytime that Juan comes home from work, his
wife was always late coming home. Juan started to entertain the idea that his wife is
having an affair with another man. Not having any proof at all, Juan simply kept such
suspicion to himself. On November 1, 2015, Juan left their house as he was asked by his
supervisor to be on duty until November 3, 2015 because a lot of people are expected
to travel to the provinces and back to Baguio City. At around 6:00 in the evening on
November 2, 2015, feeling so tried after driving from Manila to Baguio City, Juan
decided to immediately go home and rest. To his surprise, as soon he unlocked their
main door, he heard voices coming from their room. Instantly, he went straight to their
room and opened it, only to be surprised by the sight of his naked wife having sex with
another man. Oozing with anger, Juan got hold of a hard object within his reach and
hit his wife on the head as her lover jumped out of the window and sped away. Maria
died from her injuries inflicted by Juan who was subsequently charged for Parricide in
Criminal Case No. 00001 before RTC 4, Baguio City.

a) Assuming that you are the defense counsel for Juan, Prepare a brief but compliant
Judicial Affidavit for him, mindful of all the requirements under the Judicial Affidavit
Rule (JAR). Include the Offer of Testimony in the Judicial Affidavit. Without deviating
from the main facts given, you may add some details as may be necessary to
complete your client’s story.(40 points)
b) Submit your Judicial Affidavit on examination day.