Republic of the Philippines

Department of Justice
OFFICE OF THE CITY PROSECUTOR
Pasay City

CRISTINA M. MARSADO,
Complainant;
-versus-

I.S. No. 14-XV-123456

For: KIDNAPPING WITH
MURDER

BRIAN R. PRESTO,
Respondent;
x------------------------------------------------x

COMPLAINT-AFFIDAVIT

COME NOW, I, CRISTINA M. MARSADO, of legal age and a

resident of 123 P. Zamora, Pasay City, after having been deposed and sworn
in accordance to law and unto this Honorable Office do hereby state the
following, that:
1. I am the spouse of the deceased victim Coco Martin. The victim and I
have been living together for five years until his unfaithful demise in the
hands of herein accused Brian Presto y Rebolledo.
Respondent BRIAN PRESTO y REBOLLEDO, alias Bri, is of
legal age and with last known residence at 203 Asistio Street, Caloocan City
where the processes and summons ordered by this Honorable Court may be
served.
2.

3. On December 8, 2015, at around 6 oclock in the morning my

husband received a call from his phone, he was invited by herein
Respondent to meet up at the Mall of Asia in Pasay to allegedly discuss an
important business proposal. Such meeting with the Respondent never
caused me to worry for my husbands safety on account that he was a close
family friend and business associate of my husband.

4. The last time I saw my husband alive was on the aforementioned date.
He left around 12noon to meet with the Respondent on their agreed meeting
place.
5. On December 14, 2015, at around 5 oclock in the morning, I received
a phone call from my husbands number on which an unidentified man
answered. I inquired as to whom he was but he refused to state his name.
The man on the other line threatened the life of my husband and that if I
would not give him the sum of One Million Pesos, he would kill my
husband. I was further warned not to tell the authorities or else risk the
safety of my husband.
6. I received another call on December 14, 2015 in the afternoon from
the same unidentified man instructing me to prepare the amount and that the
exchange will take place on December 15, 2015 at 9pm. I immediately went
to the bank and requested for a withdrawal of a sum of money amounting to
One Million Pesos in a One Thousand sequential bill;
7. On December 15, 2015 at exactly 9pm, I went to one of the parking
lots inside the CCP Complex which was the agreed place of exchange;
8. While waiting there, a man wearing a mask approached me, and
demanded to give him the money for the safety of my husband to which I
cede to his request. I was told to wait for my husband, but he never arrived.
9. After handing over the money, the man left and never came back. I
never heard anything from the man. Moreover, I was not able to contact the
phone number used by him.
On December 16, 2015, I saw the news regarding the body of a man
with several gun shots on the chest left in an abandoned area of Donada St.
Pasay Road particularly Lot 16 to which I easily identified as my husband
Coco Martin.
10.

Police investigation led to the identification of herein Respondent as

the primary suspect in the kidnapping of my husband based on the testimony
of the eye witnesses Joyette Vias and Salvador Briggs Calo.
11.

Witness Salvador Briggs Calo employed as McDonalds Table

Attendant on December 8, 2015 at around 1:30 in the afternoon while he
was discharging sanitary garbage near the east side gate, Sunset Drive Street
12.

of the S.M Mall of Asia, personally saw the Respondent punch and grab my
husband and forced him into a vehicle which was personally driven by the
former.
The aforementioned affidavits of witnesses Joyette Vias and Salvador
Briggs Calo, are hereby attached respectively.
13.Upon seeking legal consultation with my lawyers. I was informed that
the respondent should be placed on trial for committing the crime of
Kidnapping with Murder as provided for under Article 267 of the Revised
Penal Code of the Philippines as amended by R.A 7659.
Accordingly, the crime of Kidnapping with Murder has the following
elements:
14.

a)
the offender is a private individual;
b)
he kidnaps or detains another or in any other manner deprives
the latter of his liberty;
c)
in the commission of the offense, any of the following
circumstances is present: (a) the kidnapping or detention lasts for
more than 3 days; or (b) it is committed by simulating public
authority; or (c) any serious physical injuries are inflicted upon the
person kidnapped or detained or threats to kill him are made; or (d)
the person kidnapped or detained is a minor, female, or a public
officer.
15. The

Supreme Court in interpreting Article 267 of the Revised Penal

Code provided in the case of People v. Montanir1 that:
"where the person killed in the course of the detention,
regardless of whether the killing was purposely sought or was
merely an afterthought, the kidnapping and murder or
homicide can no longer be complexed under Article 48, nor
be treated as separate crimes, but shall be punished as a
special complex crime under the last paragraph of Article
267." The same principle applies here.
Pursuant to the aforementioned elements, Respondent is a private
individual by the fact the he is not a holder of any public office nor is he an
agent of a person in authority.
16.

1
G.R. No. 187534, April 4, 2011

17.The respondent held my husband hostage against his will and was
deprived of his liberty under the threat of being killed by the former.
18.My husband was found dead after I have paid the ransom for his
freedom.
A copy of the Autopsy Report pertaining to victim Coco Martin conducted
and prepared by Dr. Ismael Umali are hereby attached.
19.I am executing this sworn statement for the purpose of charging the
respondent with having violated a special complex crime of Kidnapping
with Murder.
IN WITNESS HEREOF, I have hereunto affixed my signature on
JANUARY 7, 2016 Pasay City, Philippines.

CRISTINA MARSADO
Complainant/Affiant
SUBSCRIBED AND SWORN to before me, the undersigned
prosecutor, this 7th day of January 2016, in the City of Pasay, Philippines.
The undersigned Prosecutor certifies that he personally examined the
affiant and that he is satisfied that she voluntarily executed and understood
her complaint-affidavit.
CASSEY E. FERRER
Assistant City Prosecutor

REPUBLIC OF THE PHILIPPINES)

Pasay City
)S.S
x-----------------------------------------------x

SWORN AFFIDAVIT
Know all men by theses present:
That, I, Salvador Briggs L. Calo, Filipino, of legal age and with postal
address #32 Donada Street, Pasay City, after having been deposed and sworn to in
accordance with the law, do hereby state the following, that:
1.
I am currently employed as a table Attendant at McDonalds Mall of Asia
since August of 2011;
On on December 8, 2015, I was on duty in the aforementioned
establishment on my regular 8 hour shift.
2.

Around 1:30 PM I was ordered by my Supervisor to discharge the stores

garbage waste in the garbage dumpster located near the East side gate, Sunset
Drive Street of the S.M Mall of Asia.
3.

4.
While I was performing such duty, I happen to see Two (2) men at around
10 meters away from me. The aforementioned men were apparently talking
seriously. I saw one of the men seemingly shaking his head in dismay. Suddenly,
the other man punched the man in the jaw which caused him to lose his balance
and consciousness. Thereafter, I saw the other guy pull and drag him to his car;
plate number of which I am not able to remember/
5.
I was not able to do anything due to the shock and surprise of the situation
which transpired.
6.
I was not able to immediately go to the police and report the incident,
because of fear for my life and loved ones. I was hesitant to report it at first, but I
was bothered by my conscience to report the incident to the police.
7.
I reported the incident to the Pasay Police Station Precinct 10 on
_____________ upon which the case was recorded. Thereafter, I left my contact
numbers and information and went home.
8.
On the same day I was later called by the Police Station by SPO1 Tunac
because the wife of the kidnapped man Cristina Marsado wanted to see me,
I was shown pictures by the wife and policeman and they asked me to
identify if I am familiar with any of the persons in them. I pointed out that the
man who kidnapped husband of the wife was on one of the pictures. The man I
pointed out to was later identified as Brian Presto.
9.

I am executing this affidavit to attest to the truth of the foregoing and for
whatever legal purpose it may serve
10.

IN WITNESS WHEREOF, I have hereunto set my hand this _____ day of

_______________. 20___ at _________________________.
SALVADOR BRIGGS L. CALO
Affiant

SUBSCRIBED AND SWORN to before me, this ____ day of ______________,

20___ in ________________Pasay City, with affiant exhibiting his Tax Identification No.
2313-123123-312 and McDonald Employees ID with Id#. 123456.

REGEN B. VOLOSO
Prosecutor II

REPUBLIC OF THE PHILIPPINES)

Pasay City
)S.S
x-----------------------------------------------x

SWORN AFFIDAVIT
Know all men by theses present:
That, I, Daisy Chris Aung, Filipino, of legal age and with postal address #302
Juan Nolasco Street, Tondo, Manila, after having been deposed and sworn to in
accordance with the law, do hereby state the following, that:
I am currently a contestant in Pilipinas Got Talent, a talent competition
aired on ABS-CBN Channel 2.
On December 15, 2015, I was accompanied by my half-brother, Brian
Presto, to the Live Battles that took place within the ABS-CBN studios.
We were at the ABS-CBN compound from 5:30 p.m. to 11:30 p.m.
Throughout the recording sessions, my half-brother was with me most of
the time. He was only absent whenever I would ask him to buy me food
and water from The Loop, a small food court located at the lobby of ABSCBN's ELJ building.
I am executing this affidavit to attest to the truth of the foregoing and for
whatever legal purpose it may serve.

IN WITNESS WHEREOF, I have hereunto set my hand this _____ day of

_______________. 20___ at _________________________.
DAISY CHRIS D. AUNG
Affiant

SUBSCRIBED AND SWORN to before me, this ____ day of ______________,

20___ in ___________________ City.

STEPHEN REY A. JACOBO

Prosecutor II

REPUBLIC OF THE PHILIPPINES)

Pasay City
)S.S
x-----------------------------------------------x

SWORN AFFIDAVIT
Know all men by theses present:
That, I, JOYETTE VIAS, Filipino, single, of legal age and with postal address
1202 Cityland Vito Cruz Tower 2, Taft Avenue, Pasay City, after having been deposed
and sworn to in accordance with the law, do hereby state the following, that:
1.
I am currently employed as at Teleperformance, Sunset Drive, Mall of
Asia as Technical Support Specialist;
2.

On December 8, 2015, I assigned on a 3am 12:00nn shift in the office.

3.
I left the office building of Teleperformance at around 12:40 NN. I did not
go straight home but walked towards Mcdonalds to buy food.
4.
While I was walking along Sunset Drive, I noticed two men quarelling.
When I saw the commotion I stopped and watched from afar then suddenly the
man in blue shirt punched the guy wear a white t-shirt and maong pants. The man
fell beside the pavement. The attacker pulled and dragged the man towards the red
Honda City car which plate number I cant remember.
5.
I do not know what to do at that moment but just called my sister of the
incident. I did not pushed through going to the Mcdonalds.
6.
The next day, I went to Mcdonalds establishment and there I saw my
friend and manager of Mcdo, Delila Dayag. I was informed of the incident that
happened the day before.
7.
I informed her that I saw what happened on the day of December 8, 2016
as I was supposed to buy food after my work shift but because of the commotion I
changed my mind.
8.
On December 9, 2016, I was called by the Police Station by SPO1 Tunac
because the wife of the kidnapped man Cristina wanted to see me.
I was shown pictures by the wife and policeman and they asked me to
identify if I am familiar with any of the persons in them. I pointed out that the
man who kidnapped husband of the wife was on one of the pictures. The man I
pointed out to was later identified as Brian Presto.
9.

I am executing this affidavit to attest to the truth of the foregoing and for
whatever legal purpose it may serve
10.

IN WITNESS WHEREOF, I have hereunto set my hand this 28th day of

December 2015 Pasay City.

JOYETTE VIAS
Affiant
SUBSCRIBED AND SWORN to before me, this ____ day of ______________,
20___ in ___________________ City, with affiant exhibiting his Passport No. x000125890-9.
STEPHEN REY A. JACOBO
Prosecutor II

Republic of the Philippines

Department of Justice
OFFICE OF THE CITY PROSECUTOR
Pasay City
CRISTINA M. MARSADO,
Complainant;
-versus-

I.S. No. 14-XV-123456

For: KIDNAPPING WITH
MURDER

BRIAN R. PRESTO,
Respondent;
x--------------------------------------------------x

COUNTER-AFFIDAVIT
I, Brian R. Presto, of legal age and a resident of 203 Asistio Street, Caloocan
City, after having been deposed and sworn in accordance to law and unto
this Honorable Office do hereby state the following, that:
On December 8, 2015, I called to remind my good friend, Mr. Coco
Martin, that a certain Maja Salvador was looking for him the other
day at the office.
On the afternoon of December 8, 2014, I accompanied my mother,
Agnes Tubilleja, to a wedding which was held at around 2:30 p.m. at
the Calaruega Church in Nasugbu, Batangas. The whole time, I was
present at the wedding as well as the reception held at the Splendido
Taal Golf and Country Club, Tagaytay City.
The affidavit of witness Agnes Tubilleja, is hereby attached.
The allegations of affiants Salvador Briggs Calo and Joyette Vias
are therefore, untrue and malicious as I was not present at nor nearby
the SM Mall of Asia on December 8, 2015.
On the evening of December 15, 2015, I was at the ABS-CBN studio
watching the live competition of Pilipinas Got Talent, a talent
competition aired on ABS-CBN Channel 2, because my half-sister,
Gina Mae Dulnuan, was a contestant. We were at the ABS-CBN
Compound from 5:30 p.m. to 11:30 p.m.
The affidavit of witness Daisy Chris Aung is hereby attached.

It is strange that from the time of her husband's absence or

disappearance on December 8, 2015, complainant did not immediately
report the matter to the police.
It is an act contrary to human nature that upon allegedly receiving a
call for ransom, complainant did not report the matter to the
Philippine National Police. Complainant filed the instant case only
after seeing the dead body of her husband as shown on the news.
Hence, this affidavit in answer to the accusations made against my
person and to show that I have nothing to do with the alleged
kidnapping of Mr. Coco Martin that resulted in his death. I reiterate
my strong denial of the malicious and unfair accusation and all
allegations of wrongdoing against anyone, and will assert my
innocence in any forum and will seek justice for this wrong against
my person in the proper forum under the laws of our country.
IN WITNESS HEREOF, I have hereunto affixed my signature on 10
JANUARY, 2016, Pasay City, Philippines.
BRIAN PRESTO
Respondent/Affiant

SUBSCRIBED AND SWORN to before me, the undersigned

th
prosecutor, this 10 day of January 2016, in the City of Pasay, Philippines.
The undersigned Prosecutor certifies that he personally examined the
affiant and that he is satisfied that he voluntarily executed and understood
his counter-affidavit.
Gennelyn M. Abao
Assistant City Prosecutor

REPUBLIC OF THE PHILIPPINES)

Pasay City
)S.S

x-----------------------------------------------x
SWORN AFFIDAVIT
Know all men by theses present:
That, I, AGNES TUBILLEJA, Filipino, legally separated, of legal age
and a resident of 203 Asistio Street, Caloocan City, after having been
deposed and sworn to in accordance with the law, do hereby state the
following, that:
I am the mother of Brian Presto. I was invited, as one of the
principal sponsors, to the wedding of Mr. Dingdong Dantes and
Ms. Marian Rivera which was held on December 8, 2015.
On December 8, 2014, I was accompanied by my son, Rich, to
the wedding of Mr. Dantes and Ms. Rivera which was held at
the Calaruega Church, Nasugbu, Batangas. The wedding
ceremony took place at around 2:30 p.m.
Thereafter, we proceeded to the wedding reception which was
held at the Splendido Taal Golf and Country Club, Tagaytay
City. The reception ended at around 12 midnight.
I am executing this affidavit to attest to the truth of the
foregoing and for whatever legal purpose it may serve.
IN WITNESS WHEREOF, I have hereunto set my hand this _____
day of _______________. 20___ at _________________________.
AGNES TUBILLEJA
Affiant
SUBSCRIBED AND SWORN to before me, this ____ day of
______________, 20___ in ___________________ City.
Gennelyn M. Abao
Assistant City Prosecutor

Republic of the Philippines

Department of Justice
OFFICE OF THE CITY PROSECUTOR

Pasay City
CRISTINA M. MARSADO,
Complainant;
-versus-

I.S. No. 14-XV-123456

For: KIDNAPPING WITH
MURDER

BRIAN R. PRESTO,
Respondent;
x--------------------------------------------------x

RESOLUTION

Complainant, CRISTINA M. MARSADO comes before this office

seeking redress for the alleged acts of the Respondent BRIAN R. PRESTO
which constitutes the violation of Article 267 of the Revised Penal Code as
amended by R.A. 7659 for the kidnaping with murder of one COCO
MARTIN.
The Complaint alleges that on 8 December 2015, herein Respondent
Presto contacted the victim Martin, husband of complainant for an important
business meeting. The venue for the aforementioned business meeting would
be at the SM Mall of Asia located at Pasay City. Martin left his house around
noon of the mentioned date to meet with Presto. However, Martin was not
able to come home after the meeting with Presto. Apparently, Martin was
missing which caused his wife Cristina to worry as to his whereabouts.
His wifes worst fear materialized when on December 14, 2015, at
around 5 oclock in the morning. She received a phone call from her
husbands number on which an unidentified man answered. Upon inquiry as
to who was on the other line but the man refused to state his name. The man
threatened the life of Martin and demanded the sum of One Million Pesos.
Distraught and terrified, she assented to the demand of the man on the
phone. She immediately went to the bank and cleaned their bank accounts in
order to meet the demand. She received another call on the same day in the
afternoon instructing her to bring the money to the CCP Complex Parking
Lot on 15 December 2015 at exactly 9 in the evening.
Upon arrival at the aforementioned spot, she was approached by a
masked man. After receiving the money, the masked man told her that her

husband was coming and immediately left the parking lot. However, her
husband never came.
It was on 16 December 2015, that Cristina heard news about a body of
a man which was left in Lot 16, Donada St. Pasay City, The man was
apparently killed through several gunshots on the left chest. According to
the medico legal autopsy and death certificate prepared by Dr. Ismael Umali
III, the victim received multiple gunshot wounds in the left chest which was
the cause of death. The weapon used was a .45 caliber handgun, as shown by
the bullets retrieved from the body.
Cristina was able to identify that the dead body recovered was her
husband. She filed a police blotter in Pasay City Police Station Precinct 10.
The case had no definite lead and that the person with whom her husband
was supposed to meet could no longer be found.
A development in the case occurred upon the coming forward of
witness Salvador Briggs Calo, who alleged in a sworn affidavit that he saw
the victim alive at around 1:30 PM in the afternoon while he was
discharging sanitary garbage near the east side gate, Sunset Drive Street of
the S.M Mall of Asia, personally saw the Respondent Presto punch and grab
Martin and forced him into a vehicle which was personally driven by the
former.
Summons was served on the respondent Presto upon which he
submitted his Answer to the Complaint Affidavit. The main contention of the
Respondent was that he was in Batangas on 8 December 2015 with her
mother to attend a wedding and on 15 December 2015, he was with his
After perusal over the Affidavits and pieces of evidence submitted by
both Parties, the undersigned hereby finds probable cause against the
Respondent for Kidnapping with Murder of the victim Coco Martin under
Article 267 of the Revised Penal Code as amended by R.A 7695.
Accordingly, the aforementioned crime has the following elements. a) the
offender is a private individual; b) he kidnaps or detains another or in any
other manner deprives the latter of his liberty; c)in the commission of the
offense, any of the following circumstances is present: (a) the kidnapping or
detention lasts for more than 3 days; or (b) it is committed by simulating
public authority; or (c) any serious physical injuries are inflicted upon the
person kidnapped or detained or threats to kill him are made; or (d) the
person kidnapped or detained is a minor, female, or a public officer. The
Supreme Court in interpreting Article 267 of the Revised Penal Code
provided in the case of People v. Montanir G.R. No. 187534, April 4, 2011
that: "where the person killed in the course of the detention, regardless of
whether the killing was purposely sought or was merely an afterthought,
the kidnapping and murder or homicide can no longer be complexed
under Article 48, nor be treated as separate crimes, but shall be punished
as a special complex crime under the last paragraph of Article 267." The
same principle applies here.

Pursuant to the aforementioned elements, Respondent is a private

individual by the fact the he is not a holder of any public office nor is he an
agent of a person in authority. The respondent held the victim hostage
against his will and was deprived of his liberty under the threat of being
killed by the former. The victim was found dead after being shot with bullets
found in his chest.
WHEREFORE, the undersigned respectfully recommends that
Information for Article 267 of the Revised Penal Code as amended by R.A
7695 be filed in court against the Respondent.
NO BAIL is recommended for the crime being heinous in nature.
Pasay City, Metro Manila, 28 January 2014

CASSEY E. FERRER
Assistant City Prosecutor
Approved by:
STEPHEN REY A. JACOBO
Chief City Prosecutor
Pasay City

COPY FURNISHED:
Complainant
CRISTINA MARSADO
123 P. Zamora, Pasay City
Respondent
BRIAN PRESTO
203 Asistio Street, Caloocan City

POSTMORTEM DENTAL RECORD

Name: COCO MARTIN
Approximate Age: 35
Sex: Male
Height: 180 cm
Weight: 153 lbs.
Date: December 17, 2015
Examiner/s: _____________________, D.D.M.

Republic of the Philippines

REGIONAL TRIAL COURT
National Capital Judicial Region
Branch 286
Pasay City
PEOPLE OF THE PHILIPPINES,
Plaintiff,
- versus

BRIAN MIGEL PRESTO y

REBOLLEDO

WARRANT OF ARREST
Criminal Case No. 228877
For: MURDER

Accused.
x--------------------------x
TO ANY PEACE OFFICER OF THE LAW:
G R E T I N G S:
You are hereby commanded to arrest BRIAN MIGEL PRESTO Y REBOLLEDO,
whose last known addresses at 203 Asistio Street, Caloocan City or elsewhere in
the Philippines, who is charged before this Court with the crime of Kidnapping
with Murder under Article 267 of the Revised Penal Code as amended by RA No
7659 and to bring him before me as soon as possible to be dealt with according
to law.
The bail for the release of the accused in this case is fixed at NO BAIL
RECOMMENDED.
Given under my hand and the seal of this court this 31st day of January
2016.

GREGORIO G. PIMENTEL, JR.

Presiding Judge

Republic of the Philippines

National Capital Judicial Region
Regional Trial Court
Branch 286
Pasay City

THE PEOPLE OF THE

PHILIPPINES,

CRIMINAL CASE NO. 228877

Plaintiff,

-versus-

FOR: Kidnapping with Murder

BRIAN MIGEL PRESTO y

REBOLLEDO
Accused.
x--------------------------------------------x

INFORMATION
The undersigned Prosecutor II accuses BRIAN MIGEL PRESTO y
REBOLLEDO of the crime of KIDNAPPING WITH MURDER under Article
267 of the Revised Penal Code as amended by RA 7659 committed as
follows:
That on or about the 8th day of December 2015, in the City of
Pasay, Philippines and within the jurisdiction of this Honorable Court,
the above-named accused, did, then and there willfully, unlawfully and
feloniously take and carry Coco Martin, deprived him of his liberty and
demanded a ransom in the amount of One Million Pesos Philippine
Currency (Php1,000,000.00) in exchange of his freedom and that in the
course of his detention, he was shot on the head and chest which caused
his untimely death to the damage and prejudice of his heirs.

CONTRARY TO LAW.

BEA CHRISTINE GABRONINO

Prosecutor II
MCLE Compliance No. I-14-1987

This is to certify that a preliminary investigation has been

conducted in this case; that the accused was informed of the complaint

and of the evidence submitted against him; that he was given an

opportunity to submit controverting evidence; that based on the evidence
presented, there is reasonable ground to believe that the crime has been
committed and that the accused is probably guilty thereof. This
information is being filed by authority of the City Prosecutor.

REGEN B. VOLOSO
Prosecutor II

SUBSCRIBED AND SWORN to before me the 30th day of January

2016 at Pasay City.

CASSEY E. FERRER
Assistant State Prosecutor
Witnesses:

1.
2.
3.
4.
5.

Cristina Marsado, P. Zamora St., Pasay City

Salvador Briggs Calo, Donada St., Pasay City.
Joyette Vias, Cityland Vito Cruz Tower, Pasay City
Dr. Ismael Umali, III
PCI Elaine Gener

NO BAIL IS RECOMMENDED

Republic of the Philippines

Department of Interior and Local Government
Philippine National Police
Warrant and Subpoena Section
Pasay City
For:

Hon. Judge
RTC Branch 286, Pasay City

Subject:

Arrest Report

Date:

February 2, 2016

1. Please be informed that, BRIAN MIGEL PRESTO y REBOLLEDO, whose

last known addresses at U203 Asistio Street Caloocan City who is
charged before this RTC Br. 286, Pasay City with the crime of Kidnapping with
Murder (Violation of Art. 267of the RPC as amended by RA 7659) was
arrested by the undersigned on or about 2:00 PM, 1 February 2016 by virtue of
Warrant of Arrest issued by the said Court, signed by Hon. Gregorio Pimentel Jr.
with NO BAIL RECOMMENDED.
2. Subject Person is now presently detained at Pasay City Jail, Pasay City.

PCI Elaine Gener

Chief, WCPU/FJGAD

Republic of the Philippines

REGIONAL TRIAL COURT
National Capital Judicial Region
Branch 286
Pasay City

PEOPLE OF THE PHILIPPINES,

Plaintiff,
Criminal Case No. 228877
For: KIDNAPPING WITH MURDER

- versus BRIAN
MIGEL
REBOLLEDO,

PRESTO

Accused.
x--------------------------x

COMMITMENT ORDER
To: Jail Warden
Pasay City Jail, Pasay City
The accused having been arrested on February 1, 2015 by elements of
Warrant and Subpoena Section of Pasay City Police Station commit to you the
person of accused Brian Migel Presto in Criminal Case No. 228877 for
KIDNAPPING WITH MURDER, before this Court. The aforementioned accused
is hereby ordered kept under your custody as detention prisoner during the
pendency of this case.
The Arraignment/Pre-Trial of the accused is hereby set on February 10,
2016 at 1:30 o'clock in the afternoon at the Sala of Regional Trial Court, Branch
286, Pasay City.
3 February 2015
City of Pasay

GREGORIO G. PIMENTEL, JR
Presiding Judge

Republic of the Philippines

REGIONAL TRIAL COURT
National Capital Judicial Region
Branch 286
Pasay City

PEOPLE OF THE PHILIPPINES,

Plaintiff,
Criminal Case No.: 228877
- versus -

BRIAN
PRESTO
REBOLLEDO,

For: Kidnapping with Murder

Accused.
x----------------------x

ORDER
Upon evaluation of the Criminal Information filed by the
Prosecutor of Pasay City, and the evidence supporting the same, the
Court finds that there is probable cause that a crime has been
committed and that the accused probably committed it. The Court also
finds that there is a need to issue a Warrant of Arrest in order to get hold
of the accused for trial.

WHEREFORE, let a Warrant of Arrest be issued against the

accused BRIAN PRESTO y REBOLLEDO.
NO BAIL RECOMMENDED.

City of Pasay.
31 January 2016

GREGORIO G. PIMENTEL, JR
Presiding Judge

Republika ng Pilipinas

KAGAWARAN NG KATARUNGAN
Department of Justice
Manila

Office of the City Prosecutor

Pasay City

INDORSEMENT

Respectfully forwarded to the Docket Section, Regional Trial Court,

Pasay City, the Information of I.S. No. 14-XV-123456 against Brian Migel
Presto y Rebolledo for KIDNAPPING with MURDER (Article 267, RPC as
amended b RA 7659) with the following attachments.

1.

Complaint Affidavit of Cristina Marsado;

2.

Affidavit of Salvador Briggs Calo;

3.

Affidavit of Joyette Vias;

4.

Post Mortem Dental Record;

5.
6.

Autopsy Report of Dr. Ismael Umali III;

Picture of Coco Martin;

7.

Human Anatomical Sketch;

8.

Counter Affidavit of Brian Migel Presto;

9.

Affidavit of Agnes Tubilleja for Respondent;

10.

Affidavit of Daisy Chris Aung

11.

A copy of the Resolution of the OCP - Pasay City.

FOR THE CITY PROSECUTOR:

Elaine Gener
Sr. Adm. Assistant I
Docket
- Administrative

PRACTICE COURT
Law
Judge Gregorio G. Pimentel, Jr.,
Wed, 5:30-8:30

Arellano University of School of

Republic of the Philippines

REGIONAL TRIAL COURT
National Capital Judicial Region
Branch 286
Pasay City
PEOPLE OF THE
PHILIPPINES,
Plaintif,
Criminal Case No.: 228877
- versus For: Kidnapping with Murder
BRIAN MIGEL PRESTO y
REBOLLEDO,

Accused.
x - - - - - - - - - - -- - - - - - - - - -x
GROUP II
PROSECUTION
1. VOLOSO, Regen
2. DAYAG, Delila
3. ABAO, Gennelyn
4. GABRONINO, Bea Christine
5. TUNAS, Ray Alvin
6. DATU-IMAM, Rahandra
7. MARSADO, Cristina
8. FERRER, Cassey
9. UMALI, Ismael III
10. CALO, Salvador Briggs
11. JACOBO, Stephen
12. ALBA, Diana Jean
13. VIAS, Joyette
14. GENER, Elaine
15. PASION, Elen (Court
Stenographer)
16. NANIT, John Paul (Clerk of
Court)

DEFENSE
1.
2.
3.
4.
5.
6.
7.
8.

DULNUAN, Gina Mae

PRESTO, Brian Migel
PASCUAL, Deanne Monica
JAVIER, Janelle Crystel
AQUINO, Julius Ceasar
AUNG, Daisy Chris
TUBILLEJA, Agnes
ONG, Lawrence Oliver