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REPUBLIC OF THE PHILIPPINES)

CITY OF TAGBILARAN )
X------------------------------------------

AFFIDAVIT

I, ANNE Y. TAYLOR, Filipino, 43 years old, widow, and a resident of


Barangay San Isidro, Tagbilaran City, Bohol, after having been sworn to in
accordance with law hereby depose and state that:

1. I am the owner of a certain farm land situated at Sambog, Corella, Bohol;

2. At around and sometime on May 5, 2018, I was in my farm in Corella,


Bohol, together with my servant JUAN SISON. While we were conversing
about my request to extend the postponement of his salary due to finacial
problem. JUAN SISON angrily attacked and beat me with a firewood that
cause injury on my head;

3. As a result of the intentional action of JUAN SISON, I fell on the ground


and sustained abrasions and wounds on my head and body. He quickly ran
out of the vicinity, and I lost my consciousness thereafter;

4. Due to the siad incident, I was hospitalized and was comatosed for more
than six (6) months at Chong Hua Hospital, Cebu City;

5. To prove the injuries which I sustained, I am attaching ANNEX ”A” a copy


of the Medical Certificate issued by Chong Hua Hospital. The said
document shows that I sustained the following: 1.) crack on my forehead,
2.) abrasions and wounds in some parts of my body. The healing period for
the injuries is stated by the doctor as ranging from 1 to 2 years. Attached
as ANNEX ”B” is the Official Receipt with Nos. 1424953 for the issuance
of the Medical Certificiate;

6. To further prove that I sustained those injuries, I am attaching the


photographs of the injuries as ANNEX ”C”;

7. After I was treated at Chong Hua Hospital and gain my consciousness, I


went to the Corella Police Station on May 5, 2018 to report the incident.
Attached as ANNEX ”D” is the Excerpt Copy from the Police Blotter
issued by the Corella Police Station. Attached as ANNEX ”E” is the
Official Receipt with Nos. 1588557 which I paid for the issuance of the
said Excerpt Copy from the Police Blotter;

8. As a result of the injuries which I sustained caused by JUAN SISON, I am


filing this complaint against him for serious physical injuries;

9. And as a result of the negligence of JUAN SISON, I was able to spend the
amount of P500,000.00 for the check-up, medication, and certification. He
must pay me the said amount as actual damages;
10.As a result of the incident, I was traumatized and could not even sleep well
until at present. I suffered sleepless nights and serious anxiety. Sometimes,
I could not eat well as a result of the incident. Thus, I am claiming the
amount of P50,000.00 as moral damages;

11.To deter others from doing the same act, especially that he failed to render
assistance to me while I fell on the ground and laid there in pain, JUAN
SISON should be ordered to pay the amount of P30,000.00 as exemplary
damages;

12.I am executing this affidavit to attest to the truth of the foregoing facts and
for the purpose of filing a criminal complaint against JUAN SISON.

IN WITNESS WHEREOF, I have affixed my signature this December


01, 2018 in Tagbilaran City, Bohol, Philippines.

ANNE Y. TAYLOR
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME this December 01, 2018


in Tagbilaran City, Bohol, Philippines, affiant showing to me her voter’s ID
No. 1324-0057D-G2098C-B2096JBC10000.

KING JAMES VERSION


MCLE Compliance No. III-0012832-04/16/2010
PTR No. 2354663-12/22/2010-Tagbilaran
IBP Lifetime No. 03965
Roll No. 39654
TIN 118-664-915
REPUBLIC OF THE PHILIPPINES
CITY OF TAGBILARAN }
X-----------------------------------------

COMPLAINT AFFIDAVIT

The UNDERSIGNED, ANNE Y. TAYLOR, accuses JUAN SISON,


of Marawi City, Lanao Del Sur, Philippines, committed as follows, to wit:

That on or about May 2018, at about 4:00 o’clock in the afternoon, in


Corella, Bohol, Philippines, the said accused did then and there willfully,
unlawfully, feloniously, and by means of hacking a piece of firewood,
committed an injury, upon the undersigned directly by overt acts to wit:
When I was in my farm in Corella, Bohol, together with my servant
JUAN SISON. While we were conversing about my request to extend the
postponement of his salary due to financial problem. JUAN SISON angrily
attacked and beat me with a firewood that cause injury on my head. As a result
of the intentional action of JUAN SISON, I fell on the ground and sustained
abrasions and wounds on my head and body. He quickly ran out of the
vicinity, and lost my consciousness thereafter. I was comatose for 6 months
and was able to perform my regular duties.

The undersigned executed this affidavit to attest the truthfulness of the


foregoing facts and to support the filing of Criminal Cases against JUAN
SISON for violations of serious physical injuries under Art. 263 of the Revised
Penal Code.

Tagbilaran City, Philippines, this 02nd day of December, 2018.

ANNE Y. TAYLOR

SUBSCRIBED AND SWORN to before me this 02nd day of December,


2018 at Tagbilaran City, Bohol. I HEREBY CERTIFY that I have
personally examined the herein offended party and I am satisfied that they
voluntarily executed and understood their given affidavit.

SANTIAGO GUNIGUNDO
Prosecutor

WITNESSES

KEN KATAKUTAN MAGTANGGOL LIM


VERIFICATION AND CERTIFICATION OF NON-
FORUM SHOPPING

I, ANNE Y. TAYLOR, of legal age, after having been duly sworn in


accordance with law, depose and state that:
1. I am a plaintiff in the above-stated case;
2. I caused the preparation of the foregoing complaint;
3. I have read the contents thereof and the facts stated therein are true and
correct of my personal knowledge and/or on the basis of copies of documents
and records in my possession;
4. I have not commenced any other action or proceeding involving the
same issues in the Supreme Court, the Court of Appeals, or any other
tribunal or agency;
5. To the best of my knowledge and belief, no such action or proceeding
is pending in the Supreme Court, the Court of Appeals, or any other tribunal
or agency;
6. If I should thereafter learn that a similar action or proceeding has been
filed or is pending before the Supreme Court, the Court of Appeals, or any
other tribunal or agency, I undertake to report that fact within five (5) days
therefrom to this Honorable Court.

ANNE Y. TAYLOR
Affiant

SUBSCRIBED AND SWORN to before me this 02nd day of


December 2018 at Tagbilaran City, affiant exhibiting to me her voter’s ID
No. 1324-0057D-G2098C-B2096JBC10000 issued on May 24, 2018 at
Tagbilaran City.

Doc. No.12
Page No. 59
Book No. XLVII KING JAMES VERSION
Series of 2018 MCLE Compliance No. III-0012832-04/16/2010
PTR No. 2354663-12/22/2010-Tagbilaran
IBP Lifetime No. 03965
Roll No. 39654
TIN 118-664-915
REPUBLIC OF THE PHILIPPINES
CITY/MUNICIPALITY OF TAGBILARAN) SS.

ACKNOWLEDGMENT

BEFORE ME, a Notary Public for and in the (Province/City/Municipality) of


Tagbilaran, personally appeared ANNE Y. TAYLOR with her Voter’s ID No.
1324-0057D-G2098C-B2096JBC10000, issued on May 24, 1990 at Tagbilaran
City; AME B. YAYA-UN with her TIN No. 1234-567, issued on May 01, 2016 at
Tagbilaran City; JUN TIRADOR with his Senior Citizens ID No. 1234, issued on
May 09, 2017 at Corella, Bohol, known to me and to me known to be the same
person who executed the foregoing instrument which (he/she) acknowledged to me
as (his/her) free and voluntary act and deed, consisting of only one (1) page/s,
including this page in which this Acknowledgement is written, duly signed by
(him/her) and (his/her) instrumental witnesses on each and every page hereof.
WITNESS MY HAND AND SEAL this 02nd of December at Tagbilaran
City, Philippines.

NOTARY PUBLIC

Doc. No. 15;


Page No. 59;
Book No. XLVII;
Series of 2018

KING JAMES VERSION


MCLE Compliance No. III-0012832-04/16/2010
PTR No. 2354663-12/22/2010-Tagbilaran
IBP Lifetime No. 03965
Roll No. 39654
TIN 118-664-915
Department of Justice
OFFICE OF THE CITY PROSECUTOR
City of Tagbilaran

INFORMATION

The undersigned, Associate Prosecution Attorney II, accuses


ARMANDO LIWANAG of the crime MURDER, committed as
follows, to wit:

That on or about November 01, 2018 in the City of


Tagbilaran, Province of Bohol and within the jurisdiction of this
Honorable Court, the accused ARMANDO LINAWAG , did then
and there, with malice aforethought and with deliberate intent to take
the life of TOMAS MORALES, willfully, unlawfully, feloniously,
suddenly, unexpectedly, and treacherously attack the latter with an
icepick, wounding him in the left chest, and afterwards, ran away
from the vicinity , wounds being necessarily mortal, thereby causing
the direct and immediate death of said TOMAS MORALES.

CONTRARY TO LAW.
Tagbilaran City, Philippines, this 03rd day of November,
2018.

JAIME SANTIAGO
Associate Prosecution Attorney II

Approved:

JUAN D. TAMAD
City Prosecutor

WITNESSESS

MARS RAVELOS JAEN VIRGINIA


VERIFICATION AND CERTIFICATION OF NON-
FORUM SHOPPING

I, DIOSA S. MORALES, of legal age, after having been duly sworn in


accordance with law, depose and state that:
1. I am a plaintiff in the above-stated case;
2. I caused the preparation of the foregoing complaint;
3. I have read the contents thereof and the facts stated therein are true and
correct of my personal knowledge and/or on the basis of copies of documents
and records in my possession;
4. I have not commenced any other action or proceeding involving the
same issues in the Supreme Court, the Court of Appeals, or any other
tribunal or agency;
5. To the best of my knowledge and belief, no such action or proceeding
is pending in the Supreme Court, the Court of Appeals, or any other tribunal
or agency;
6. If I should thereafter learn that a similar action or proceeding has been
filed or is pending before the Supreme Court, the Court of Appeals, or any
other tribunal or agency, I undertake to report that fact within five (5) days
therefrom to this Honorable Court.

DIOSA S. MORALES
Affiant

SUBSCRIBED AND SWORN to before me this 02nd day of


November 2018 at Tagbilaran City, affiant exhibiting to me her voter’s ID
No. 1324-0057D-G2098C-B2096JBC10000 issued on May 24, 2018 at
Tagbilaran City.

Doc. No.13
Page No. 59
Book No. XLVII KING JAMES VERSION
Series of 2018 MCLE Compliance No. III-0012832-04/16/2010
PTR No. 2354663-12/22/2010-Tagbilaran
IBP Lifetime No. 03965
Roll No. 39654
TIN 118-664-915
REPUBLIC OF THE PHILIPPINES)
CITY OF TAGBILARAN )
X------------------------------------------

AFFIDAVIT

I, DIOSA S. MORALES, Filipino, 43 years old, widow, and a resident of


Makati, Philippines after having been sworn to in accordance with law hereby depose
and state that:

1. I am the spouse of the late TOMAS MORALES;

2. At around and sometime on November 01, 2018 while my husband was


walking towards his vehicle from the grocery at the City Mall a certain
ARMANDO LINAWAG approach my husband and stabbed him with an
icepick;

3. As a result of the intentional action of ARMANDO LINAWAG, My


husband fell on the ground and sustained wounds on his left chest, thereby
causing the direct and immediate death of said my husband TOMAS
MORALES;

4. Thereafter, the said ARMANDO LINAWAG was caught by the security


guards of the City Mall;

5. As a result of the death of my husband, I am filing this complaint against


ARMANDO LINAWAG for MURDER;

6. And as a result of the act of ARMANDO LINAWAG, I was able to spend


the amount of P200,000.00 for the burial fees. He must pay me the said
amount incurred as expenses;

7. As a result of the incident, I was traumatized and could not even sleep well
until at present due to the loss of my beloved husband. I suffered sleepless
nights and serious anxiety. Sometimes, I could not eat well as a result of
the incident. Thus, I am claiming the amount of P30,000.00 as moral
damages;

8. I am executing this affidavit to attest to the truth of the foregoing facts and
for the purpose of filing a criminal complaint against DIOSA S.
MORALES.

IN WITNESS WHEREOF, I have affixed my signature this November


02, 2018 in Tagbilaran City, Bohol, Philippines.
DIOSA S. MORALES
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME this November 02, 2018


in Tagbilaran City, Bohol, Philippines, affiant showing to me her voter’s ID
No. 1324-0057D-G2098C-B2096JBC10000.

KING JAMES VERSION


MCLE Compliance No. III-0012832-04/16/2010
PTR No. 2354663-12/22/2010-Tagbilaran
IBP Lifetime No. 03965
Roll No. 39654
TIN 118-664-915
REPUBLIC OF THE PHILIPPINES)
CITY OF TAGBILARAN ) S.S.
X-----------------------/

AFFIDAVIT

I, LUCAS S. MAGTANGGOL, a Filipino, of legal age, single and a resident


of Brgy. San Isidro, Tagbilaran City, Bohol, Philippines, after having been sworn to
in accordance with law, hereby, depose and say that:

1. I am employed as a security guard in the establishment of City Mall ;


2. That sometime on the November 01, 2018 (all saints day) while on my
duty at the City Mall carpark, I heard a voice from someone who shouted
for an emergency ;
3. I responded to the call and while on my way to the vicinity, I heard
someone that the person approaching me is the one who stabbed the person
lying down near the post of the carpark;
4. I quickly grabbed the alleged perpetrator armed with an icepick, who I
later knew as ARMANDO LINAWAG.
5. Thereafter, we call immediately the police station for an assistance and
then we surrender the said ARMANDO LINAWAG whom to some
witnesses call as the perpetrator;

I execute this affidavit freely and voluntarily to attest to the truth of the
foregoing.

IN WITNESS WHEREOF, I have hereunto set my hand this 02nd day of


December, 2018 in the City of Tagbilaran, Philippines.

LUCAS S. MAGTANGGOL
Affiant

SUBSCRIBED AND SWORN to before me this 02nd day of November, 2018


in the City of Tagbilaran, Philippines, and I have ascertained that affiant fully
understood the foregoing and that such is her free act and deed.

KING JAMES VERSION


MCLE Compliance No. III-1234567-02/16/2019
PTR No. 1234567-12/22/2019-Tagbilaran
IBP Lifetime No. 12345
Roll No. 12345
TIN 123-321-123
REPUBLIC OF THE PHILIPPINES)
CITY OF TAGBILARAN ) S.S.
X-----------------------/

AFFIDAVIT

I, JULIAN Y. KLARO, a Filipino, of legal age, single and a resident of Brgy.


Cogon, Tagbilaran City, Bohol, Philippines, after having been sworn to in
accordance with law, hereby, depose and say that:

1. I am an employee of the City Mall ;


2. That sometime on the November 01, 2018 (all saints day) at the City Mall
carpark while I’m on my way home after my duty;
3. I saw a man stabbing a person while walking towards one of the vehicle
in the carpark;
4. I quickly shouted for help from the security guards, then the guards
quickly responded.
5. I shouted to one of them (security guards), that the one approaching him
was the perpetrator. Right there and then the perpetrator was seized by one
of the guards.

I execute this affidavit freely and voluntarily to attest to the truth of the
foregoing.

IN WITNESS WHEREOF, I have hereunto set my hand this 02nd day of


November, 2018 in the City of Tagbilaran, Philippines.

JULIAN Y. KLARO
Affiant

SUBSCRIBED AND SWORN to before me this 02nd day of November, 2018


in the City of Tagbilaran, Philippines, and I have ascertained that affiant fully
understood the foregoing and that such is her free act and deed.

KING JAMES VERSION


MCLE Compliance No. III-1234567-02/16/2019
PTR No. 1234567-12/22/2019-Tagbilaran
IBP Lifetime No. 12345
Roll No. 12345
TIN 123-321-123
REPUBLIC OF THE PHILIPPINES
CITY/MUNICIPALITY OF TAGBILARAN) SS.

ACKNOWLEDGMENT

BEFORE ME, a Notary Public for and in the City of Tagbilaran, personally
appeared DIOSA S. MORALES with her Voter’s ID No. 1324-0057D-G2098C-
B2096JBC10000, issued on May 24, 1990 at Makati City; LUCAS
MAGTANGGOL with his TIN No. 1234-567, issued on May 01, 2016 at
Tagbilaran City; JULIAN Y. KLARO with his SSS ID No. 1234, issued on May
09, 2017 at Tagbilaran City, Bohol, known to me and to me known to be the same
person who executed the foregoing instrument which (he/she) acknowledged to me
as (his/her) free and voluntary act and deed, consisting of only one (1) page/s,
including this page in which this Acknowledgement is written, duly signed by
(him/her) and (his/her) instrumental witnesses on each and every page hereof.
WITNESS MY HAND AND SEAL this 02nd of December at Tagbilaran
City, Philippines.

NOTARY PUBLIC

Doc. No. 17;


Page No. 59;
Book No. XLVII;
Series of 2018

KING JAMES VERSION


MCLE Compliance No. III-0012832-04/16/2010
PTR No. 2354663-12/22/2010-Tagbilaran
IBP Lifetime No. 03965
Roll No. 39654
TIN 118-664-915
2. THE RIGHT TO FILE ACTION HAS ALREADY PRESCRIBED

Jose Corpuz right to file an action against Pedro Reyes has already
prescribed. Under the circumstances mentioned, Jose Corpuz may file a case
for slight physical injuries punishable under Article 266 of the Revised Penal
Code, taking into consideration that he only suffered physical injuries which
incapacitated him for labor from 1 to 9 days and required medical attendance
during the same period (Par. 1, Article 266, Revised Penal Code).
In order to institute a case for slight physical injuries, he must file a
complaint before the Office of the Prosecutor of Tagbilaran City considering
that the injuries were inflicted within the territories of the City of Tagbilaran
(Section 10, Rule 110, Rules of Court). Considering the provision of Article
90 of the Revised Penal Code which provides that light penalty prescribes in
two months, he should have initiated the complaint before the lapse of two
months from the date of the incident before the aforesaid office; otherwise
the complaint for physical injuries may only be dismissed because the crime
already prescribed. However, granting that Jose Corpuz has brought the issue
under Katarungang Pambarangay, the running of the prescriptive period of
an offense stops from the moment the same is brought under the
Katarungang Pambarangay. It will continue to run after the Certification to
File Action or the Certificate of Repudiation is issued. This is according to
Republic Act (R.A.) No. 7160 or the Local Government Code of 1991, which
provides:
“Sec. 410. Procedure for Amicable Settlement. —
(c) Suspension of prescriptive period of offenses. — While the dispute is
under mediation, conciliation, or arbitration, the prescriptive periods for
offenses and cause of action under existing laws shall be interrupted upon
filing of the complaint with the punong barangay. The prescriptive periods
shall resume upon receipt by the complainant of the complaint or the
certificate of repudiation or of the certification to file action issued by the
lupon or pangkat secretary: Provided, however, That such interruption shall
not exceed sixty (60) days from the filing of the complaint with the punong
barangay.
As can be gleaned from the aforementioned law, the running of the
prescriptive period of an offense is suspended temporarily once the
complaint is filed before the Barangay Chairman under the Katarungang
Pambarangay. However, as likewise stated above, such suspension shall last
for only 60 days. Beyond the said period, the prescriptive period shall
continue to run even if no certification is issued yet. Therefore, Jose’s cause
of action against Pedro has already prescribed since the action was not filed
within the prescriptive period.

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