Republic of the Philippines

Department of Justice
OFFICE OF THE CITY PROSECUTOR
Pasay City
ROSELYN RAMSEY y BARRIENTOS;
Complainant;
-versus-

I.S. No. 14-XV-123456

For: KIDNAPPING WITH
MURDER

RICH ALMARIO y LOPEZ;

Respondent;
x--------------------------------------------------x

COMPLAINT-AFFIDAVIT
COME NOW, I, Roselyn Barrientos, 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 Derek Ramsay. The victim and I have
been living together for five years until his unfaithful demise in the hands of
herein accused RICH ALMARIO.
A copy of the aforementioned Marriage Certificate is attached as Annex
A;
2. Respondent RICH ALMARIO y LOPEZ, alias RICH, is of legal age
and with last known residence at ________________________________
where the processes and summons ordered by this Honorable Court may be
served.
3. On December 8, 2014, 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, 2014, at around 5 oclock in the morning, I received a
phone call from my husbands number on which an unidentified man
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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, 2014 in the afternoon from the same
unidentified man instructing me to prepare the amount and that the exchange
will take place on December 15, 2014 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, 2014 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.
10.On December 16, 2014, 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 Derek
Ramsay.
11. 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 Maureen Patajo and Kevin Albert T. Dela Cruz.
12. Witness Kevin Albert T. Dela Cruz employed as McDonalds Table
Attendant on December 8, 2014 at around 1:30 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 punch and grab my
husband and forced him into a vehicle which was personally driven by the
former.
The aforementioned affidavits of witnesses Maureen Patajo and Kevin
Albert T. Dela Cruz, are hereby attached as Annex B and Annex C
respectivel.
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.
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14. Accordingly, the crime of Kidnapping with Murder 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.
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.
16. 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.
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 Death Certificate and Autopsy Report pertaining to victim
DEREK RAMSEY conducted and prepared by_________________are
hereby attached as Annex E and Annex F respectively.
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 2
JANUARY 7, 2015 Pasay City, Philippines.
1 G.R. No. 187534, April 4, 2011
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Roselyn Barrientos
Complainant/Affiant
SUBSCRIBED AND SWORN to before me, the undersigned
prosecutor, this 7th day of January 2015, 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.
(Edward! Handwritten mo name mo dito para authentic tingnan)
Assistant City Prosecutor