REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

FOURTH JUDICIAL REGION
BRANCH II
BATANGAS CITY

THE PEOPLE OF THE PHILIPPINES,

Plaintiff,

- versus -

CRIMINAL CASE NO. 18527

MANASES BADILLA y Curambao

Alias Manman,
Accused.
x ----------------------------------- x

JUDICIAL AFFIDAVIT OF
MANASES C. BADILLA

This Judicial Affidavit of MANASES BADILLA y

Curambao is executed to serve as his direct testimony in
the instant case. This Judicial Affidavit is offered to deny all
the allegations in INFORMATION.

QUESTIONS were propounded by accuseds counsel,

Atty. Kristine L. Castillo, in English, which the affiant fully
understands, while ANSWERS were given/made by witness
MANASES C. BADILLA, in Tagalog and the corresponding
translation of his answer is provided after each question.

1. Q: Please state your name, age, residence address, and

occupation.

A: I am Manases C. Badilla, 27 years old, single, a

massage therapist employed in Nuat Thai, and I
currently reside in Brgy. Gulod Labac, Batangas
City.

2. Q: How are you related to the plaintiff in this case?

A: I do not know her personally, Maam.

3. Q: Please tell me how did you know the complainant in

this case?

A: She was our customer in Nuat Thai.

4. Q: So that is only when you saw the complainant?

A: Yes, Maam.

5. Q: Can you remember where you were on December

13, 2013?

A: I was at my workplace, Maam.

6. Q: Can you remember

happened on the said day?

A:Yes, Maam.

7. Q: What happened that day?

something

unusual

that

A: I was on duty as the massage therapist that

day. My duty was until the shop closes. As the
evening comes, some customers were coming and
I rendered my services to those I can cater.

8. Q: Then what happened next?

A: At around 7:30 in the evening, the complainant

came in the shop. She waited until 8:00 before I
can attend to her.

9. Q: Was there no other massage therapist at the time

the complainant came?
A: There was one but she went out that time for a
quick merienda.

10.

Q: Then what happened next?

A: When my previous customer left, I rested for a

while, then at around 8:00 in the evening, I
started the massage for the complainant.

11.
Q: Was your previous customer a man or a
woman?

A: A woman, Maam.

12.

Q: Is she young, middle-aged or an old lady?

A: She looks like shes on her early thirties,

Maam.

13.
Q: Does she have any company when you
massaged her?

A: None, Maam.

14.

Q: Where did you massage the said woman?

A: In the room where I usually massage the

customers, Maam.

15.
Q: And is the said room the same room where
you massaged the complainant the complainant?

A: Yes, Maam.

16.
Q: Mr. Witness, can you describe to me the
interior design of the shop?

A: When you enter the shop, you would first see

the reception area, where the receptionist would
welcome the customers. Then a small hallway on
the left side would be seen. The said hallway leads
to the rooms where the massages were given.

17.
Q: So when a person enters the shop, the rooms
cannot be easily seen?

A: Yes, Maam. But even when the person is still

walking towards the shop, the reception area can
already be seen because the shop has the glass
door and wall enclosing it.

18.
Q: So what divides the reception area from the
rooms?

A: A wooden wall, Maam.

19.
Q: Does this wooden wall dividing the first room
from the reception area reach the ceiling?

A: No, Maam. It has an opening between the

wooden wall and the ceiling. The top part of the
wooden wall is open. It has floral designs carved
on it so it became open.

20.
Q: You mean, the wooden wall actually reached
the ceiling but the top part of the wall is open because
it has a floral designs carved on it?

A: Yes, Maam.

21.
Q: From the ceiling up to the part of the wooden
wall where the floral design ended, how long do you
think it is?

A: Around 12 inches, Maam.

22.

Q: By 12 inches, you mean, as long as a ruler?

A: Yes, Maam.

23.
Q: We have a ruler here, can you show the court
how long the said opening on the wall is?

A: (Mr. Witness holds the ruler and demonstrates

to the court) With the ruler standing, the ceiling is
the top of this ruler and the end of the floral
design is almost the end part of the ruler also.
24.
Q: So from the first inch of this ruler up to the
twelfth inch is the length of the floral design?

A: Yes, Maam. Approximately, at least.

25.
Q: From the first inch up to the twelfth inch is the
length of the opening?

A: Yes, Maam.

26.

Q: Okay, so each room has this kind of set up?

A: Yes, Maam. Even the other rooms next to the

first room has the same set up.

27.
Q: Mr. Witness, what does the reception area
itself look like?

A: It has a couch on the front of the receiving

area, where the customers are invited to sit before
they can be catered by the therapist. It also has a
glass table where magazines and newspaper were
displayed for entertainment.

28.

Q: Where is the couch located?

A: It is on the left side of the reception area; it is

adjacent to the hallway but it is far enough to give
space to allow a person to walk through it.

29.
Q: Can you describe what the shop looks like
from the reception area?

A: The shop has a narrow hallway on the left part,

and it has small rooms for customers where they
will be massaged.

30.

Q: What does a room look like?

A: It has two beds, with towels on them, wherein

the customer/s will be massaged. It has a small
table on the side of the bed wherein ointments,
oils and aromatic candles are placed.

31.

Q: Does the room have a door?

A: None, Maam. It has a curtain, however, which

will be pulled to close the room.

32.
Q: So there is no door or wall separating the
room from the common area of the shop?

A: None, Maam.

33.
Q: How would the people inside the shop know
that the room is occupied and massage session has
started?

A: It is a regulation in the shop that the curtains

should be pulled aside when the rooms are not in
use. And if a room is in use, it is only when the
curtain would be pulled to cover the room for
privacy.

34.

Q: How many rooms do you have?

A: The shop has 6 rooms.

35.
Q: Which room did you use in massaging the
complainant?

A: The first room, Maam.

36.

Q: Where is it located?

A: The room right after the reception area, Maam.

37.
Q: Was there any one else in the area when you
were massaging the complainant?

A: Yes, Maam. Our receptionist was on her table

at that time.

38.
Q: How far is the reception area from the first
room?

A: Not so far, Maam. Because if the receptionist

would walk from her table to the first room, it
would only take her about 5 steps to reach the
room.

39.
Q: Mr. Witness, by 5 steps, you mean the normal
stride of a person?

A: Yes, Maam. The normal walk of a person.

40.
Q: Okay, when the complainant arrived, you said
you rested for a while after your service with the
previous customer. So the complainant had to wait for
you to massage her specifically?

A: No, Maam. Customers were asked if they

would want a male or female massage therapist.

41.
Q: So the customers are free to choose who
would massage them?

A: Yes, Maam.

42.
Q: So by that, do you mean to say
complainant chose you, a male, to massage her?

the

A: Because I was the only massage therapist at

that minute. My co-therapist, a female, went out
of the shop for a quick snack, for she just also
finished a massage service with a previous
customer.

43.
Q: So are you saying that the complainant was
left with no other choice aside from you to massage
her?

A: No, Maam. Because when my female cotherapist went out, she said to the complainant
that she would just grab a quick snack before she
comes back to massage the complainant.

44.
Q: If that is the case, why were you the one who
massaged the complainant?

A: Because the complainant said that she really

needed a massage so I was the one who was left
to massage her.

45.
Q: After your rest, did you proceed to massage
her?

A: Yes, Maam. Because she kept on telling the

receptionist that she needed the massage.

46.
Q: So she chose you instead of waiting for your
co-therapist to return?

A: Yes, Maam.

47.

Q: Then what happened next?

A: I told her to proceed to the first room where I

would massage her. I also told her to undress
herself and put on the towel on the bed and to lay
down on the bed and to call me after so I can
start the massage.

48.

Q: So what happened next?

A: She went inside the room and after a few

minutes, she called me.

49.

Q: What happened next?

A: I entered the room and pulled the curtain

behind me. I saw the complainant already on the
bed, lying down on her stomach.

50.

Q: So what happened next?

A: I started the massage. I put some oil on her

back and massaged it. I also massaged the back
of her neck and also her calves. The back parts of
her body were massaged.

51.
Q: After massaging her back, what happened
next?

A: I asked the complainant to face front.

52.

Q: And then?

A: She faced front and I massaged her neck up to

her shoulders.

53.

Q: What else?

A: I also massaged her legs. From the mid-part of

her thighs that are not covered by the towel, her
legs and also her feet.

54.
Q: Did you ask the complainant to remove the
towel covering her body?

A: No, Maam.

55.
Q: Did you touch the complainant on any part of
her body that is covered by the towel?

A: No, Maam.

56.
Q: What are the parts of the body of the
complainant are covered by the towel?

A: The towel covers her chest, her abdomen, her

hips and it reaches until the mid-part of her thigh.

57.
Q: So you did not see any part of her body that is
covered by the towel?

A: No, Maam.

58.
Q: You did not see her private parts, her breasts
and her vagina?

A: No, Maam. I only paid attention to the parts

that I needed to massage.

59.
Q: Okay, so was the complainant sleeping while
you were massaging her?

A: When I was massaging the back part of her

body, I think she fell asleep because I can hear
her snoring a little.

60.

Q: And then?

A: But when I asked her to face front, she woke

up.

61.
Q: Was she awake by the time you were
massaging the front part of her body?

A: Yes, Maam.

62.
Q: The complainant alleged that you touched and
massaged her breasts, is it true, Mr. Witness.

A: No, Maam.

63.
Q: She also alleged that you fingered her while
you were massaging her, is it true, Mr. Witness?

A: No, Maam.

64.
Q: Did the complainant say or shout anything
while the massage session was on going?

A: No, Maam.

65.

Q: Thats all, Mr. Witness. Thank you.

A: Thank you, Maam.

IN WITNESS WHEREOF, I have set my hand

this 7 day of July, 2014, in Batangas City, Batangas,
Philippines.
th

MANASES C. BADILLA
Affiant

SUBSCRIBED AND SWORN to before me this 7th day

of July, 2014, the affiant is personally known to me and
exhibiting to me his Passport No. 12345678 issued at the 1 st
day of February, 2013 on Manila, Philippines.

KRISTINE L. CASTILLO
Public Attorney I
Roll of Attorney No. 61123
IBP Roll No. 47890
MCLE Compliance No. IV-0017712

Copy furnished:
Clerck of Court, Regional Trial Court Br. II
Pros. Janeth Arago, Office of the City Prosecutor
Atty. Joselito M. Dimayacyac, Private Prosecutor
Atty. Kristine Castillo, Public Attorneys Office
Manases C. Badilla, Accused.