(English Translation of Affidavit of Vandory Regis Cuico).

(Note: The affixing of the signature of the Affiant was witnessed, as shown by their respective signatures, by the BBRC Deputy Jail Warden Merencillo and Almar Luna, an officer of the BBRC inmates, to affirm understanding and voluntariness on the part of the Affiant in the execution of the Affidavit.) 

Republic of the Philippines)

City of Cebu. . . . . . . . . . . . ) S.S.

A F F I D A V I T

     I, VANDORY REGIS CUICO, of legal age, Filipino and a resident of Brgy. Pasil, Cebu City, after being duly sworn in accordance with law, hereby depose and state that:

     1. I am better known to my relatives and friends by my nickname "Dolly";

     2. I know Rene Bacalso and his son, David Rusia. David uses the surname of his mother. Rene Bacalso and myself have been long-time acquaintances because we have been neighbors when I was still residing at Brgy. Kalubihan, Cebu City;

     3. Sometime in November 1997, I happen to meet Rene Bacalso and he informed me that his son David Rusia was implicated in the kidnapping case of the Chiong sisters. He told me that his son David has no involvement in said case, and in the meantime, he had David hidden in the mountains because a warrant for his arrest has been issued. Rene Bacalso inquired from me whether I have a friend in the media who can help in the surrender of David, however, since I told him that I do not know of anybody in the media, Rene Bacalso said that he will have David assisted by Eddie Ybañez, a policemen;

     4. After some months, that is, on March 1998, more or less, Rene Bacalso went to my residence in Pasil, Cebu City, together with his son, David Rusia, and they slept there overnight. That was the only time that I came to know and meet David Rusia. In my conversation with David Rusia at that time, he expressed to me his confusion about his involvement in the Chiong case when has no knowledge or information about it. The next morning, Rene Bacalso went to the Cebu City Hall to ask assistance from Mayor Alvin Garcia in the surrender of his son David Rusia, however, when he came back to my house on the same day, he told me that his request was not given much importance because according to Mayor Garcia, one David Florido is wanted but not David Rusia. After a while, Rene Bacalso and David Rusia left my residence and since then, I did not know of their whereabouts.

     5. Last May 1, 1998, I was arrested for illegal possession of drugs and I was consequently detained at the PNP jail in Gorordo Avenue, Cebu City. In the early evening last May 08, 1998, I again met David Rusia, but this time, it was inside the detention cell. David Rusia then told me that he was arrested that afternoon because of the kidnapping case of the Chiong sisters, and he firmly told me that he really has no knowledge of said case considering that he has no involvement in it. I was also informed by David that he was manhandled by the police before he was placed inside the jail. In fact, a Muslim jail guard in our detention cell by the name of "Ahmis" inquired from David why he did not report the physical harm inflicted upon him by the police, but David answered that he was very much afraid. Ahmis even told David Rusia that the next time that he is physically abused, he should report it because they, as guards, will run into trouble;

6. The next day, May 09, 1998, David Rusia was taken from our cell by the CIG police. When he came back inside our cell at about 11:00 A.M., more or less, I saw that his nose and mouth were bleeding, and then David showed me that part of his back which was burned by a cigarette. David Rusia narrated to me that he was mauled and physically harmed, and that a cocked gun was frequently pointed at him, so that will sign an affidavit wherein he will admit that he is entangled in the Chiong case. At about such time, Rene Bacalso arrived at our detention cell, and David Rusia told his father that he was forced to sign an affidavit at the CIG which was false. David said that he had no other choice because he might get killed by the police. He blamed his friends at Ayala for implicating him in the case. Rene Bacalso was helpless in the complaint of his son, and then he just left;

     On that same day, David Rusia was taken out from our detention cell every hour and he was brought to the CIG. At about 2:00 P.M., more or less, he was again taken out from our cell and he came back only in the evening. I asked him where he went, and David told me that he was brought to Carcar, and he was forced to point to the place where on of the Chiong sisters was thrown into as he might be killed by the police. He told me that he merely fabricated a story because of his fear that he might be physically abused or worst, killed, by the police, but his narration to the police never has any truth in it;

     The next day, May 10, 1998, I had observed that David Rusia was given care and attention by the police. He was given cigarettes, and he was frequently asked whether he had eaten already. That day, Rene Bacalso visited David again, and while I was with them, Rene told David to just cooperate with the police because David will be placed in the Witness Protection Program, and that he will be given an allowance. In fact, I also saw Mr. Chiong visiting David in our detention cell and bringing with him food for David; and that I heard Mr. Chiong making assurances to David that he will really help David in all his needs;

     It was for some time that I and David Rusia were together in the detention cell at the PNP Gorordo Avenue, Cebu City, until I was transferred to the BBRC last May 14, 1998. I have personal knowledge of the information of David Rusia that what he represented in his affidavit with the police were all falsities and fabrications brought about by the physical injuries and death threats made upon him by the police, for the reason that David Rusia personally told me of his said experience.  

     7. I am executing this Affidavit to attest to the truth of the foregoing statements and I signify such by way of my signature herein, in order to reveal what happened to David Rusia in the hands of the CIG police at Gorordo Avenue, Cebu City.

     Cebu City, June 13, 1998

                                     signed:  VANDORY REGIS CUICO

                                                                 Affiant

     SUBSCRIBED AND SWORN to before me this 24th day of June 1998 in Cebu City, Philippines.

                                            signed:  EDITO Y. ENEMECIO

                                                     Assistant City Fiscal, Cebu City

                                                                     NPS VIII

(NOTE:  1. RED COLOR OURS FOR EMPHASIS.
               2. THE ABOVE TEXT IS A FAITHFUL REPRODUCTION OF THE ORIGINAL DOCUMENT
                   REFORMATTED FOR  CLEARER APPRECIATION)