REPUBLIC OF THE PHILIPPINES}

DONE: IN THE CITY OF BAGUIO } S.S.

X =========================== X

COMPLAINT-AFFIDAVIT

I, ABIGAIL I. TABUNO, an Investigating Prosecutor, have good reason to

believe that, RONALD G. BURGOS, who is hereafter called Defendant, on or
about the 1st day of January, 2018, and before the making and filing of this
complaint, in the City of Baguio, did unlawfully commit the offense of Murder, to
wit, did then and there intentionally and knowingly cause the death of, Ariel S.
Malimban by the Defendant contrary to Article 248 of the Revised Penal Code.

Affiant has learned the following facts:

1. I, Abigail I. Tabuno is a commissioned Investigating Prosecutor in Baguio
City, since May 2001. I am employed by the City of Baguio Prosecutors
Office.

2. On January 1, 2018, at approximately 12:00 midnight the Police

Department responded to a medical call involving a stabbing incident at
Rainbow Hills Subdivision located within the City of Baguio.

3. During the interview on January 3, 2018 that I conducted to witness

Christian D. Lopez, a copy of the Sworn Statement is hereto attached as
Annex A, Ronald G. Burgos, a resident of No. 9 Green Lane, Rainbow
Hills Subdivision, Baguio City, is charged of murder and committed as
follows:
a. At about 7:00 pm of January 1, 2018, Christian D. Lopez and his
friends Arnel Marcos, Mark Gaston, Ariel Malimban, and Ernan
Fresno were in the house of Christopher Lopez, Christians father
located at No. 17 Green Lane, Rainbow Hills Subdivision, Baguio
City. They were having a drinking spree in celebration of the New
Years festivities.
b. At about 9:00 pm Christopher arrived with Ronald. The latter joined
Christian and his friends in their drinking and merrymaking. After
sometime, a commotion ensued when Ronald created trouble and
challenged Ariel Malimban to a duel. Christians mother tried to call
the fight off, but when she failed, Christopher intervened and
succeeded in bringing Ronald home.
c. At about 11:00 pm, Christian and his friends agreed to call it a night.
Christian told his parents that he, along with Marcos and Fresno
would accompany Malimban to their house.
d. As they were passing by the house of Ronald Burgos, the latter
sneaked from behind Malimban and stabbed him at the back.
Fresno tried to restrain the appellant, but the latter stabbed him on
the right arm.
 e. Ronald Burgos continued to stabbed Malimban as Christian and
Marcos ran to the Bantay Bayan Office for help.
f. When they met Christopher on the way, they informed him of the
stabbing incident.
g. Christopher, together with some barangay tanods, proceeded to the
place of the incident to conduct an investigation. On their way,
Christopher saw Fresno who was then fleeing to their house and
notice the wound on the latters right arm. Fresno told Christopher
that he and Malimban were stabbed by Ronald Burgos. Christopher
then rushed to the house of Ronald, and saw the bloodied body of
Malimban lying by the roadside.
4. Marie T. Soriano, Medico-Legal Officer of the National Bureau of
Investigation, performed an autopsy on the cadaver of Malimban and
signed his Autopsy report, attested that indeed Malimbans cause of death
was due to the several stabbed wounds one of which was from his back. A
copy of the Postmortem Findings is hereto attached as Annex B;
5. Based on the foregoing, it is beyond cavil that respondent Ronald G.
Burgos committed the crime of Murder, qualified by treachery under Article
248 of the Revised Penal Code. There is treachery in the commission of
the crime when (a) at the time to attack, the victim was not in a position to
defend himself; (b) the offender consciously and deliberately adopted the
particular mean, method and form of attack employed by him.

IN WITNESS WHEREOF, I have affixed my signature this 14th day of

September 2018 in Baguio City, Philippines.

ABIGAIL I. TABUNO
Affiant/Assistant Prosecution Attorney II

SUBSCRIBED AND SWORN to before me in the City of Baguio, this 14th

day of September 2018.

ATTY. MAE ANN Y. BADUA

Investigating Prosecutor

CERTIFICATION
I hereby certify that I have personally examined the above named affiant
and that the foregoing statements were given by her voluntarily and of her own
free will and that she understood her affidavit.

ATTY. MAE ANN Y. BADUA

Investigating Prosecutor