Danny Penafiel, in his affidavit alleges that he is the father of Joan Penafiel Gealon who was married to herein

respondent. According to him, on May 13, 2010 at around 11:30 oclock in the evening while he was sleeping in their bedroom with his wife Jocelyn, he was awakened by the shouts of her daughter Joan who was then in another bedroom asking for help, shouting: Nay, Tay, ginabuno ako ni Junjun. (Mother, Father, Junjun is stabbing me.) referring to her husband Junjun, herein respondent. He went outside his bedroom and proceeded to the bedroom of the couple Joan and Rogelio. He opened the door of the couples room and there he saw respondent standing beside the bed holding a chisel and an iron file while Joan was lying in bed bloodied. When respondent saw him, he hurriedly run towards him charging him with the same weapon. His wife Jocelyn returned to their bedroom while he runs away from respondent using the back door at the kitchen. Respondent further chased him until they reached the highway. While running he was shouting for help: Tabang, tabang, gina lagas ako sang nag buno sa bata koh. (Help, help, I am being chased by the person who stabbed my daughter.) That after about 2 minutes of running in the highway while shouting, he saw several barangay tanods who was then roving the area and when they heard him shouting they immediately came to his rescue and the respondent was apprehended. He then told the barangay tanods to call the police and to take hold of the respondent for he will return to their house. That when he reached their house, _________, the older brother of the victim was carrying the body of Joan and boarded her to the tricycle to bring her to the hospital together with Jocelyn. In the same vehicle, he accompanied them to the hospital where the victim was declared dead on arrival. Jocelyn Penafiel in her affidavit corroborates the allegations of her husband Danny. With him, she was also present in their house at Brgy. _______________, on May 13, 2010 when her daughter Joan sought for their help while respondent was stabbing her. She only took a peek at their door while her husband proceeded to the door of the couples bedroom and opened it. She immediately closed and locked their door after she saw her husband running towards the kitchen while the respondent was chasing him. She runs to the house of her son immediately after about 2 minutes to seek help. They returned to their house and her son carried the body of Joan. They boarded the tricycle to bring her to the hospital. Her husband Danny also boarded with them and told them that the respondent was already caught by the barangay tanods. Futher, she narrated that her daughter Joan was working abroad as an overseas contract worker. The latter arrived home last May 03, 2010 and discovered an illicit of her husband with her own sister ________. It was when she confronted him and wanted a separation that respondent stabbed the victim. Due to the injuries she sustained, Joan died that fateful night. BROTHER OF VICTIM in his affidavit corroborates the allegations of her mother Jocelyn. That at about 11:40 pm of May 13, 2010, he was awakened by the shouts of her mother seeking for help. That he immediately opened their door and there he saw her mother catching her breath while telling her that her sister was stabbed by the respondent. He then proceeded to the house of their mother and when he entered the room of Joan, he saw her lying on the bed full of blood. He then carried her to the tricycle and brought her to the hospital together with her mother Jocelyn and father Danny. Joan was declared dead on arrival at the Hospital thereafter.

TANOD in his affidavit, he said that while they were roving the area of barangay __________, they heard shouts seeking for help. That when they saw Danny Penafiel running and being chased by the respondent, they immediately came to his rescue and was able to apprehend the respondent. They were told by Danny to call for the Police and to take hold of the respondent for he is the one who stabbed their daughter. They called the police and brought the respondent to their barangay hall. After 10 minutes, the police came and they turned over the suspect to the police.

POLICE in his affidavit, he said that at about 11:40 pm of May 13, 2010, they received a call that a stabbing incident happened at Brgy. __________ and that they have apprehended the suspect. A team composing of SPO10 ___, SPO10 ___, SPO10___ was sent to investigate the area and to take over custody of the suspect. To substantiate the complaint, also submitted are copies of the Certification of the Excerpt of Police Blotter dated May 24, 2010 issued by ________ Police station to establish that the incident was reported and duly recorded in the police blotter; Certificate of Marriage of Rogelio and Joan Penafiel to establish that they were legally married and Certificate of Death of Joan Penafiel, the cause of death are the following, to wit: MULTIPLE STAB AND PUNCTURED WOUNDS, TRUNK AND EXTREMETIES