REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
OFFICE OF THE PROVINCIAL PROSECUTOR
Palace of Justice, Capitol, Cebu City
Gloria Andrin Illustrisimo,
Complainant,

VII-03-INV-14F-0742
For:

ACTS

OF

LASCIVIOUSNESS
FRUSTRATED MURDER
and
GRAVE THREATS
-versusRaul Bantoc Tero and
Fernando Oyao Andrin,
Respondents.
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RESOLUTION
This is a criminal complaint for Acts of Lasciviousness,
Frustrated Murder and Grave Threats against the abovenamed respondents committed under the circumstances as
alleged hereunder by herein complainant in her Judicial
Affidavit, to wit:
Q. Why are you here now in Investigation Section of this
Station?
A. I am here in order to file a formal complaint against
Raul Bantoc Tero, 38 years old, married and Fernando
Oyao Andrin also 38 years old, widower, both resident
of Sitio Luyong Baybay, Barangay Tacup, San Remegio,
Cebu.
Q. Why are you filing a formal complaint against these
persons?
A. For the criminal acts that Raul Bantoc Tero and
Fernando Oyao Andrin committed to me and to my
uncle Boncale Andrin last May 21, 2014 at around 3:30
oclock in the afternoon more or less, at Sitio Luyong
Baybay, Barangay Tacup, San Remegio, Cebu.
Q. Will you please narrate to this investigator the
circumstances of the incident?
A. Yes sir, that on the aforementioned time and date I
together with my live-in partner Domeciano Fuentes
Malabago and my other relatives were having a
gathering thereat, when the suspect Raul Bantoc Tero

together with Fernando Oyao Andrin, arrived in our

place.
Q. What happened during that moment?
A. That upon arrival of Raul Bantoc Tero and Fernando
Oyao Andrin, the former directly went to me and
without any ado the suspect Raul Bantoc Tero,
suddenly kiss and embraced me, which during the
incident my uncle Boncale Andrino, a paralyze and
disabled person, who happened to saw the incident got
angry to Raul Bantoc Tero.
Q. Then what was your reaction to the criminal acts
committed by Raul Bantoc Tero to you?
A. I got angry to Raul Bantoc Tero and during that
moment and his companion Fernando Oyao Andrin
who was armed with a sharp pointed bolo,
immediately draw the weapon from the scabbard and
attempted to thrust the bolo to my uncle Boncale
Andrin.
Q. Then what happened after that incident?
A. Our companion Lito Opora Mercader, the live-inpartner of my cousin Aileen Andrin Gopong, managed
to disarm the bolo from the possession of Fernando
Oyao Andrin, upon my assistance but during the
process I was injured at my right hand.
Q. After the incident what happened next?
A. That after that incident Raul Bantoc Tero and Fernando
Oyao Andrin immediately left the place and Lito O.
Mercader, also went to the house of Barangay Captain
Pablito Bantoc, purposely to turned-over the sharp
pointed bolo, recovered from Fernando O. Andrin.
Q. After that what other incident happened?
A. That several minutes later after that incident Raul
Bantoc Tero and Fernando O. Andrin went back to our
place and during this moment, both of them were
armed. Raul Bantoc Tero was armed with a piece of
2x2 of coconut lumber while Fernando O. Andrin was
armed with several pieces of stone.
Q. What did they do during this moment?
A. Immediately upon their arrival, Raul Bantoc Tero , he
directly went to my place and struck me using his
carried 2x2 coconut lumber for three (3) times, but on
the third times I was hit at my left wrist which during
the incident I used to cover on my head that causes
physical injuries.
Q. What other incident happened after that?
A. That my live-in partner Domeciano F. Malabago arrived
thereat and he confronted Raul Bantoc Tero and

Fernando O. Andrin and during this incident a stoning

occurrence happened.
Q. During the incident what did you do?
A. I ask Lito O. Mercader to call for police assistance and a
few minutes later the PNP personnel from San Remegio
Police Station arrived.
.Q. After that what transpired next?
A. That all of us were brought to San Remegio Police
Station by the responding police officers and we were
investigated inside the police station.
Q. During the conduct of investigation what happened?
A. During the conduct of investigation inside the police
station and in front of the investigator and the Chief of
Police and without any provocation suddenly Raul
Bantoc Tero boxed and kick my live in partner
Domeciano F. Malabago hitting at his breast and his
thigh. That during this incident Raul Bantoc Tero
shouted threatening words to me together with my livein partner by saying in Cebuano dialect to quote
Patyon ta mo kon makagawas mi dri sa Prisohan
which when translated to English language it may
means I will kill you, whenever I get out from the jail.
Q. After the commotion inside the police station, what
happened next?
A. All of us were escorted by the police personnel to have
a medical check-up of or respective injuries.
Q. You mention earlier that the incident was reported to
San Remegio Police Station do you have a copy of the
police report of the above-quoted incident?
A. Yes, sir.
Q. This extract copy you presented will be included in
your affidavit to be part of it and I will mark it as Annex
A, will you agree?
A. Yes, sir.
Q. You mention to me earlier that you were medically
treated as a result of the striking incident with the use
of 2x2 coco lumber perpetrated by Raul Bantoc Tero,
Do you have a copy of your Medical Certificate?
A. Yes, sir I have in my possession of my Medical Abstract
from Vicente Sotto Memorial Medical Center, at Cebu
City. That the copy of my Medical Certificate from the
said hospital will be submitted later.
Q. This copy of your Medical Abstract, I will include it in
your affidavit to be a part of it and I will marked it as
Annex B, will you agree?
A. Yes, sir.
Q. You mention earlier that a photograph of the sharp
pointed bolo which was disarmed from Fernando Oyao

Andrin was taken at the police station? Do you have

the copy of that photograph?
A. Yes sir. I have in my possession the picture of the sharp
pointed bolo used by Fernando Oyao Andrin during the
incident.
Q. This copy of the photograph of the bolo used by the
suspect Fernando Oyao Andrin will be included to your
affidavit to be part of it and I will mark it as annex C,
will you agree?
A. yes, sir.
Q. You mention earlier that you have a photograph of
yourself who was already injured due to the criminal
action committed by Raul Bantoc Tero? Do you have
the copy of that photograph?
A. Yes, sir.
Q. This picture of you submitted to me will included in
your affidavit to be part of it and I will mark it as Annex
D, will you agree?
A. Yes, sir.
Fernanda Andrin Arcillas and Lito Opora Mercader
corroborated with the allegations of the complainant in
support of this complaint.
The undersigned sent subpoena to both respondents
through the PNP San Remigio, Cebu. The return of the
subpoena shows that respondent Fernando Oyao Andrin
received and signed the subpoena but respondent Raul
Bantoc Tero is not found in the said place. Respondent
Fernando Oyao Andrin did not submit a counter affidavit to
answer the charge.
FINDINGS:
After evaluation of the pieces of evidence submitted,
the undersigned finds probable cause on the following:
1. Unjust Vexation, Attempted Homicide and Grave
Threats against respondent Raul Bantoc Tero;
2. Attempted Homicide against respondent Fernando
Oyao Andrin.
There is probable cause to hold respondent Raul Bantoc
Tero for trial only for the offense of Unjust Vexation but not
Acts of Lasciviousness considering that he kissed and
embraced the complainant at the time when she and her
live-in partner and her other relatives were having a
gathering at the time of the incident which negates lewd

design, an element of lascivious conduct. It was held in the

case of People vs. Balbar, 21 SCRA 1119, cited on page 863
to page 864 of the Book of Reyes entitled: The Revised Penal
Code Criminal Law II, Fifteenth Edition Revised 2001, to
quote: The presence or absence of lewd designs is inferred
from the nature of the acts themselves and the
environmental circumstances. In the instant case, in view of
the manner, place and time under which the acts
complained of were done, lewd designs can hardly be
attributed to the accused. The factual setting, i.e., a school
room in the presence of complainants students and within
hearing distance of her co-teachers, rules out a conclusion
that the accused was actuated by a lustful design or purpose
or that his conduct was lewd or lascivious. It may be that he
did embrace the girl and kiss her but, this of itself would not
necessarily bring the case within the provision of Article 336
of the Revised Penal Code. Secondly, the undersigned also
noted that there is no evidence to prove that any of the
circumstances mentioned under Article 266-A (Rape, When
and How Committed), was present.
Respondent Raul Bantoc Tero is probably guilty for
Attempted Homicide which is appropriate than the charge of
Frustrated Murder. Respondent struck complainant three
times aiming at her head with the use of a piece of wood
(2x2 coconut lumber) hitting her left wrist when she used her
hands to cover her head. Attached to the records is the
Medical Abstract for the injuries suffered by the complainant.
There is intent to kill when respondent Tero intended to strike
at the head of the complainant which is a vital part of her
body. She would have been killed if not of the timely arrival
of her live-in partner Domeciano F. Malabago who confronted
respondent Tero and Andrin.
Probable cause also exists for the offense of Grave
Threats against respondent Raul Bantoc Tero when he
threatened complainant by saying, to quote: Patyon ta mo
kon makagawas mi dri sa prisohan, which in English means,
(I will kill you whenever I get out from jail)
Likewise, there is also probable cause to hold for trial
respondent Fernando Oyao Andrin for the crime of
Attempted Homicide. He attempted to kill Boncale Andrin, a
paralyze and disabled person, with the use of a sharp
pointed bolo by attempting to thrust the bolo at him but was
prevented by Lito Opora Mercader, the live-in partner of
complainants cousin, who was able to disarm respondent
Andrin with the help of the complainant. Respondent Andrin

resented when Boncale Andrin got angry to respondent Tero

when the latter kissed and embraced complainant.
Despite findings of probable cause on the offenses for
Unjust Vexation and Grave Threats, these are within the
authority of Barangay Tacup, San Remigio, Cebu, where both
parties reside, for Barangay Conciliation considering that the
penalty provided by law on the two offenses does not exceed
one year. Hence, these two offenses should first be referred
to their Barangay for barangay conciliation proceedings.
These offenses were filed before this Office prematurely.
WHEREFORE, premises considered, the undersigned
recommends the filing of separate information against the
two respondents for Attempted Homicide in the appropriate
MCTC.
Further, it is also recommended that the offenses for
Unjust Vexation and Grave Threats against respondent Raul
Bantoc Tero be dismissed for being filed prematurely without
prejudice for their re-filing.
Cebu City, Philippines, August 29, 2014.
ARNULFO V. AMODIA
Prosecutor II
MCLE Compliance No. IV-0005950
Issued on 05-29-12
APPROVED:
PEPITA JANE A. PETRALBA
Provincial Prosecutor
MCLE Compliance No. IV-0016449
April 10, 2013