You are on page 1of 10

REPUBLIC OF THE PHILIPPINES

OFFICE OF THE PROSECUTOR


Iligan City
PEPE BONGOL,
Complainant,
I.S No.__________
-versus-
For: Less Serious Physical Injuries
JUAN TAMAD,
Respondent.
xx--------------------------------xx

C O M P L A I N T A F F I D A V I T

I, PEPE BONGOL, Filipino, of legal age and a resident of 375 Oxford,
Tubod, Iligan City, after having been duly sworn to in accordance with law, do
hereby depose and state that:
1. I am filing a case of less serious physical injuries against JUAN TAMAD
of 16 Texas, Tubod, Iligan City.
2. On July 27, 2014 at around 9 p.m. , I went to Juans house to talk to him
regarding some misunderstanding at work. We are both construction workers for
r.c baretto construction services . However, Juan upon seeing me, got mad and
asked me to leave.
3. To avoid trouble, I walked away and leave. At this juncture, Juan came
running towards me and without any warning attacked me with a 2x2 piece of
wood. Fortunately, there were bystanders within the vicinity who were able to
pacify Juan.
4. That due to the said incident, I suffered a open cut wound in my head and
a fractured left arm, and has been hospitalized for 6 days and advised to a complete
rest for 2 weeks or more until my arm brace will be removed. (Attached as
Annexed A the medical certificate)
5. The incident was referred to the barangay for conciliation proceedings but
no settlement had been reached as Juan failed or refused to obey the summons sent
to him. Hence, I was issued a certificate to file action by the barangay. (Attached
as Annexed B the certificate to file action)
6. In view of the foregoing, I am executing this affidavit to support the filing
of a criminal case for less serious physical injuries against JUAN TAMAD.

TO THE TRUTH OF THE FOREGOING, I have signed Complaint -
Affidavit this August 19, 2014.

[SIGNATURE]
PEPE BONGOL
Affiant

SUBSCRIBED AND SWORN TO before me this 19th day of August 2014
in the city of Iligan I hereby certify that I have personally examined the affiant and
I am satisfied that he fully understood and voluntarily executed his complaint-
affidavit.
[SIGNATURE]
Assistant City Prosecutor

CERTIFICATION
I hereby certify that I have personally examined the affiant and am satisfied
that he voluntarily executed and understood his affidavit.
[SIGNATURE]
Investigating Prosecutor
REPUBLIC OF THE PHILIPPINES
OFFICE OF THE PROSECUTOR
Iligan City
PEPE BONGOL,
Complainant,
I.S No.__________
-versus-
For: Less Serious Physical Injuries
JUAN TAMAD,
Respondent.
xx--------------------------------xx

C O U N T E R - A F F I D A V I T

I, JUAN TAMAD, of legal age, with assistance of counsel, do hereby state
under oath that:
1. I am JUAN TAMAD, Filipino, of legal age with postal address at of No.
16 Celdran Village, Iligan City.
2. I recently learned that I have been made a respondent in I.S. No.______, a
charge for less serious physical injuries, filed by a certain PEPE BONGOL on 19th
day of August 2014 before the Office of the City Prosecutor for Iligan City.
3. I vehemently deny the allegations of Bongol. I admit that Bongol went to
my house in the evening of July 27, 2014. At that time he was very drunk and
could hardly walk. He was shouting at the top of his voice looking for me.
Considering his condition, I asked him to leave and come back the following day
instead but he refused to do so. Since he could no longer be pacified I just ignored
him and went inside our house.
4. The following day, I was informed that Bongol got beaten up, as a
consequence of which he sustained physical injuries.
5. The attached affidavit of witness JINKY PACQUIOA will prove that it is
impossible for me commit the acts alleged by PEPE BONGOL.
6. Considering the foregoing, I respectfully pray that I be acquitted of the
crime of LESS SERIOUS PHYSICAL INJURIES wrongfully imputed upon me
by PEPE BONGOL.
TO THE TRUTHFULNESS OF THE FOREGOING, I have signed this
Statement on the 27th day of August 2014.

[SIGNATURE]
JUAN TAMAD
Affiant
SUBSCRIBED AND SWORN TO before me this 27th day of August 2014
in the city of Iligan. I hereby certify that I have personally examined the affiant and
I am satisfied that he fully understood and voluntarily executed his affidavit.
[SIGNATURE]
Assistant City Prosecutor


CERTIFICATION
I hereby certify that I have personally examined the affiant and am satisfied
that he voluntarily executed and understood his affidavit.
[SIGNATURE]
Investigating Prosecutor




ANNEX A
REPUBLIC OF THE PHILIPPINES
Barangay Tubod
City of Iligan


OFFICE OF THE LUPONG TAGAPAMAYAPA


PEPE BONGOL
Complainant

Barangay Case No.________

against

For: Less Serious Physical Injuries

JUAN TAMAD
Respondent


C E R T I F I C A T I O N T O F I L E A C T I O N

This is to certify that:

1.There has been no personal confrontation between the parties before the
Punong Barangay because the respondent was absent and that mediation failed.

2.The Pangkat Tagapagkasundo was constituted but there has been no
personal confrontation before the Pangkat likewise did not result into a settlement
because the respondent was absent.

3.Therefore, the corresponding complaint for the dispute may now be filed
in court/government office.

This 15th day of August 2014.


[SIGNED]
Pangkat Secretary


Attested by:


[SIGNED]
Pangkat Chairperson


[SIGNED]
Pangkat Member


[SIGNED]
Pangkat Member




Noted by:



[SIGNED]
PATROCINIO DS. DELA CRUZ
Punong Barangay /Lupon Chairperson










ANNEX B

MEDICAL CERTIFICATE





August 6, 2014


TO WHOM IT MAY CONCERN:


This is to certify that, PEPE BONGOL, 32 years of age, of 375 Oxford,
Tubod, Iligan City, was examined and treated as our patient and was confined from
July 27, 2014 to August 1, 2014 with the following findings and/or
diagnosis/diagnoses:

Open Cut wound on the head and a fracture left arm. The patient needs
complete rest of 2 weeks or more or until his fractured arm is healed.

Laboratory examinations is done and enclosed herewith.






REMARKS:




[SIGNED]
ATTENDING DOCTOR


Republic of the Philippines
City of Iligan

AFFIDAVIT OF WITNESS


I, JINKY PACQUIOA, Filipino, of legal age, married and a resident of 17 Texas, Tubod, Iligan
City. After having been duly sworn to in accordance with the law, hereby depose and say:

1. That I personally know JUAN TAMAD.

2. That last July 27, 2014, I was at my sari-sari store, which is beside the house of JUAN
TAMAD.

3. That on or about 9:00 in the evening of the same date a man, whom I have just known to be
PEPE BONGOL. approached the house of JUAN who was obviously drunk because he was
hardly walking while shouting loudly the name of JUAN.

4. That after the man reached the gate of JUANs house, JUAN came out and they had a
conversation, but after few minutes I saw the man walked away from JUANs house.

5. That while the man was walking, he was acting violently against any person he comes
across.

6. That I was extremely amazed upon knowing that JUAN TAMAD had received a subpoena
which accuses him of the crime of less serious physical injuries against PEPE BONGOL.

7. That I am executing this affidavit to attest to the truth of the foregoing statement and to
support for the dismissal of the case filed against JUAN TAMAD



I WITNESS WHEREOF, I herby affix my signature this 27th day of August 2014 in the City of
Iligan, Philippines.


JINKY PACQUIOA
Affiant


SUBSCRIBED AND SWORN TO before me this 27th day of August 2014, in the City of
Iligan, Philippines and I further certify that I have personally examined the affiant and I
convinced and satisfied that he voluntarily executed the foregoing Counter Affidavit and
understood all the contents hereof and that they are true and correct as to his own personal
knowledge.




Notary Public

You might also like