Republic of the Philippines

DEPARTMENT OF JUSTICE
Office of the City Prosecutor
Kidapawan City

AMELITO TUMANDA NPS Docket No. _________________

Complainant,

For: Reckless Imprudence Resulting

in Homicide
versus

ANTONIO OPEÑA
Respondent.

x---------------------------------------------x

COMPLAINT-AFFIDAVIT

I, AMELITO TUMANDA, the undersigned, of legal age and a resident of Purok

Durian, Saging, Makilala, accuses ANTONIO OPEÑA of the crime of Reckless
Imprudence Resulting in Homicide, committed as follows:

1. That in the morning of July 10, 2017 I held the dead body of my daughter,
KRISTINE TUMANDA, who was only twelve (12) years old. Her bloodied
head had a gunshot wound in the right temple (attached herewith is her
Death Certificate as Annex “A”);

2. That according to my son, ANDRE TUMANDA who was with his sister
at the time of her death (his testimony is attached herewith as Annex “B”),
they were being brought to school by their grandfather at around 7:30am
on July 10, 2017;
3. Andre was seated at the front seat next to his grandfather, ANTONIO
OPENA who was driving the car and KRISTINE was seated at the back
seat;

4. All of a sudden, my son heard a loud gunshot and when he turned to look,
KRISTINE was already dead;

5. The gun which my daughter used was owned and possessed by ANTONIO
OPENA;

6. ANTONIO OPENA committed reckless imprudence in mishandling his

firearm by constantly leaving it anywhere in the house and in the vehicle,
which is the cause of my daughter’s death;

7. ANTONIO OPENA by allowing my minor daughter to take hold of a

loaded gun, by reason of an inexcusable lack of precaution, has caused the
death of KRISTINE;

8. He negligently left a loaded gun at the back seat of the vehicle beside a 12-
year old girl who was unaware of the consequences of actually pulling the
trigger of a .45 caliber gun against her head;

9. ANTONIO OPENA was in the same vehicle as my daughter at the time of

the incident and the safety of my children was his responsibility at that
time and more importantly, it was his obligation to keep the gun safely kept
and away from minor children;

10. Had my father-in-law ANTONIO been a responsible gun-owner, this

incident would have never happened and my daughter would still be alive
today;

11. Hence I am filing this case against my father-in-law, ANTONIO OPENA

for committing reckless imprudence resulting in homicide as provided in
Article 365 in relation to Article 249 of the Revised Penal Code;

Affiant further sayeth naught.

 IN WITNESS WHEREOF, I have hereunto set my hand this _____ day of
July 2017 in the City of Kidapawan, Philippines.

AMELITO TUMANDA

Affiant

SUBSCRIBED AND SWORN BEFORE ME THIS____day of July 2017,

in the City of Kidapawan, Philippines, Affiant personally appeared to me and whom I
know personally and/or exhibiting to me her competent evidence of identity.