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JUDICIAL COMPLAINT-AFFIDAVIT
Do you swear to tell the truth and nothing but the truth?
Yes Sir.
Q2:
Are you the same Victor Ang Pogi, the private complainant in this case for
ORAL DEFAMATION as defined and penalized under Article 353 in relation to
Article 358 of the Revised Penal Code of the Philippines now pending before the
Regional Trial Court, Branch 1 of Baguio City, Philippines?
Yes Sir.
A2:
Q3:
A3:
Q4:
A4:
Do you personally know the accused in this case, Mrs Karla M. Bungangera?
Yes Sir.
Q5:
A5:
Q6:
Where were you on February 10, 2014 at about 10:00 oclock in the morning?
A6:
Q7:
A7:
I was walking home at that time after I had visited my friend Jen Pong at 21
Interior, New Lucban, Baguio City.
Who was with you during that time you were walking home?
I was with my other friend, June Mayor.
Q8:
A8:
Q9:
A9:
Aside from the incident that happened last February 10, 2014, was there any
other incident of shouting unfavourable words at you?
A16: Yes Sir.
.
Q17: Can you tell us what happened and when it happened?
A17: On January 11, 2014 more or less 3:00 o clock in the afternoon, in front of the
Barangay Hall of New Lucban, Baguio City. While I was passing by the Barangay
Hall, I saw Karla M. Bungangera came out from the Barangay Hall. She walk
towards me and told me that (lubayan mo ang asawa ko, at lumipat ka na sa
ibang lugar) stay away from my husband, and move to another place.
Q18: What did you do?
A18: I tried to calm myself and left the scene with a humiliated face.
Q19: Did anybody see the incident?
A19: Yes Sir, our Barangay Captain Monkey D. Luffy.
VICTORIA POGIS
Private Complainant
ATTESTATION OF COUNSEL
I, ANTONIO L. BASUNGIT JR., Asst. Provincial Prosecutor, Detailed PPOBaguio City, Philippines, after having been sworn to in accordance with the law do
hereby depose and say:
1. That I have faithfully recorded or caused to be recorded the questions I asked
and the corresponding answers that complainant, Victoria Pogis, gave;
2. That I have not, nor any other person present or assisting coached the witness
regarding the witness answers; and
3. That I fully understand that any false attestation shall subject me to disciplinary
action, including disbarment.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 14 th day of
February 2014 Baguio City, Philippines.
JUDICIAL COMPLAINT-AFFIDAVIT
Do you swear to tell the truth and nothing but the truth?
Yes Sir.
Q2:
A2:
Are you the same JESSA F. SEXY, the private complainant in this case for
RAPE as defined and penalized under the Revised Penal Code of the Philippines
now pending before the Regional Trial Court, Branch 1 of Baguio City,
Philippines?
Yes Sir.
Q3:
A3:
Q4:
A4:
Q5:
A5:
Q6:
A6:
Where were you on February 12, 2014 at about 8:00 oclock in the evening?
I was walking home at that time after I had visited my friend Jen Pongit at 22
Interior, New Lucban, Baguio City.
Q7:
A7:
Who was with you during that time you were walking home?
I was alone.
Q8:
A8:
Q9:
A9:
A22:
Q22: Why did you say that it was Dr. Hipo who signed it?
A22: Because I was in front of her when she signed the medical certificate.
Q23: Do you have anything else to say, Ms Sexy?
A23: None Sir.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 14th day of
February 2014 at Baguio City, Philippines.
JESSA F. SEXY
Private Complainant
SUBSCRIBED AND SWORN to before me this 14th day of February 2014 at
Butuan City, Philippines. Complainant personally came and appeared with his Passport
I.D. no 273616378 issued on October 23, 2013 at Baguio City Benguet, bearing his
photograph and signature, known to me as the same person who personally signed the
foregoing instrument before me and avowed under penalty of law to the whole truth of
the contents of said instrument.
ATTESTATION OF COUNSEL
I, ANTONIO L. BASUNGIT JR., Asst. Provincial Prosecutor, Detailed PPOBaguio City, Philippines, after having been sworn to in accordance with the law do
hereby depose and say:
1. That I have faithfully recorded or caused to be recorded the questions I asked
and the corresponding answers that complainant, Victoria Pogis, gave;
2. That I have not, nor any other person present or assisting coached the witness
regarding the witness answers; and
3. That I fully understand that any false attestation shall subject me to disciplinary
action, including disbarment.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 14 th day of
February 2014 Baguio City, Philippines.
Do you swear to tell the truth and nothing but the truth?
Yes Sir.
Q2:
Are you the same Maya D. Moyo, the private complainant in this case for
MURDER as defined and penalized under the Revised Penal Code of the
Philippines now pending before the Regional Trial Court, Branch 1 of Baguio
City, Philippines?
Yes Sir.
A2:
Q3:
A3:
Q4:
Do you personally know the three accused in this case, Mr Jack D. Ripper, Ken
D. Ripper, and John D. Ripper?
Yes Sir.
A4:
Q5:
A5:
Q6:
A6:
Where were you on February 11, 2014 at about 9:00 oclock in the evening?
I was walking home at that time after I had visited my friend Jen Pongit at 22
Interior, New Lucban, Baguio City.
Q7:
A7:
Who was with you during that time you were walking home?
My husband, JAMES F. MOYO.
Q8:
A8:
Q9:
A9:
Q18: Based on this medical certificate you are showing to us that my husband suffered
from multiple stab wound which led to his immediate death?
A18: Yes, Sir.
Q19: Who issued this medical certificate?
A19: It was Dr MARK S. TINUK, Medical Officer III at Baguio General Hospital.
Q20: Whose signature is this in the medical certificate?
A20: My doctor, Maam, Dr. MARK S. TINUK.
Q21: Why did you say that it was Dr. Hipo who signed it?
A21: Because I was in front of hIm when she signed the medical certificate.
Q22: Do you have anything else to say, Ms Moyo?
A22: None Sir.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 14th day of
February 2014 at Baguio City, Philippines.
MAYA D. MOYO
Private Complainant
SUBSCRIBED AND SWORN to before me this 14th day of February 2014 at
Baguio City, Philippines. Complainant personally came and appeared with his Passport
I.D. no 273616378 issued on October 23, 2013 at Baguio City Benguet, bearing his
photograph and signature, known to me as the same person who personally signed the
foregoing instrument before me and avowed under penalty of law to the whole truth of
the contents of said instrument.
ATTESTATION OF COUNSEL
I, ANTONIO L. BASUNGIT JR., Asst. Provincial Prosecutor, Detailed PPOBaguio City, Philippines, after having been sworn to in accordance with the law do
hereby depose and say:
1. That I have faithfully recorded or caused to be recorded the questions I asked
and the corresponding answers that complainant, MAYA MOYO, gave;
2. That I have not, nor any other person present or assisting coached the witness
regarding the witness answers; and
3. That I fully understand that any false attestation shall subject me to disciplinary
action, including disbarment.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 14 th day of
February 2014 Baguio City, Philippines.
A. I sent formal demand on JANUARY 30, 2014 to Mr. KIM JONG IL demanding that he
return the amount of Two Hundred Thousand Five Hundred Sixty Three Pesos and
28/100 (P200,563.28) within five (5) days from his receipt thereof. But despite such
demand, he failed, refused and still fails and refuses, to return the same.
7. Q. Is this the demand letter you are talking about?
A. Yes.
8. Q. I am marking this as ANNEX A. Do you affirm my action?
A. Yes.
9. Q. I am also marking as ANNEX B Affidavits executed by different clients of First
ATM Loans and Credit Corporation (FALCC) stating that indeed they paid to Mr. KIM
JONG IL certain amounts as part of their loans to the Corporation with the expectation
that Mr. VINS T. INOCENTE will remit the same, do you affirm my action?
A.. Yes Sir.
10. Q. Did you also cause an investigation of the matter?
A. Yes sir, as per our continuous investigation, to date, Mr. VINS T. INOCENTE has
carried away a total amount of Two Hundred Twenty Three Thousand, Two Hundred
Fifty Php 223,250.00 to the damage and prejudice of First ATM Loans and Credit
Corporation (FALCC).
IN WITNESS WHEREOF, I have hereunto affixed my signature this 14th day of
February 2014 at Baguio City, Philippines.
VINS T. INOCENTE
Private Complainant
SUBSCRIBED AND SWORN to before me this 14th day of February 2014 at
Baguio City, Philippines. Complainant personally came and appeared with his Passport
I.D. no 273616378 issued on October 23, 2013 at Baguio City Benguet, bearing his
photograph and signature, known to me as the same person who personally signed the
foregoing instrument before me and avowed under penalty of law to the whole truth of
the contents of said instrument.
ATTESTATION OF COUNSEL
I, ANTONIO L. BASUNGIT JR., Asst. Provincial Prosecutor, Detailed PPOBaguio City, Philippines, after having been sworn to in accordance with the law do
hereby depose and say:
1. That I have faithfully recorded or caused to be recorded the questions I asked
and the corresponding answers that complainant, VINS T. INOCENTE, gave;
2. That I have not, nor any other person present or assisting coached the witness
regarding the witness answers; and
3. That I fully understand that any false attestation shall subject me to disciplinary
action, including disbarment.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 14 th day of
February 2014 Baguio City, Philippines.
The following are the Questions propounded by Fiscal Antonio L. Basungit Jr.
and my answers in English language:
1. Q. Please state your name and other personal circumstances for the record.
A. JAKE CUNGA.
2. Q. Are you the same JAKE CUNGA, the complainant in this case?
A. Yes Sir
3. Q. Do you know a certain STEPHEN B. OGUT?
A. STEPHEN B. OGUT is a resident #69 Grande Island Magsaysay Road, Baguio
City, Philippines. He had a debt to me.
4. Q. What when is the debt due?
A. On October 19, 2013 Sir.
5. Q. And at the due date did he pay?
A. In the morning of October 19, 2012 at McDonalds, Centermall, Baguio City,
Philippines, Andress, issued in my favor a check from Metrobank, Check No. 123451234 in the amount of Two Hundred Thousand Pesos (Php 200,000) as supposed
payment for the loan accommodation of the same amount, which I have extended to
him.
JAKE S. CUNGA
Private Complainant
SUBSCRIBED AND SWORN to before me this 14th day of February 2014 at
Butuan City, Philippines. Complainant personally came and appeared with his Passport
I.D. no 8786554433 issued on October 23, 2013 at Baguio City Benguet, bearing his
photograph and signature, known to me as the same person who personally signed the
foregoing instrument before me and avowed under penalty of law to the whole truth of
the contents of said instrument.
ATTESTATION OF COUNSEL
I, ANTONIO L. BASUNGIT JR., Asst. Provincial Prosecutor, Detailed PPOBaguio City, Philippines, after having been sworn to in accordance with the law do
hereby depose and say:
1. That I have faithfully recorded or caused to be recorded the questions I asked
and the corresponding answers that complainant, VINS T. INOCENTE, gave;
2. That I have not, nor any other person present or assisting coached the witness
regarding the witness answers; and
3. That I fully understand that any false attestation shall subject me to disciplinary
action, including disbarment.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 14 th day of
February 2014 Baguio City, Philippines.
JOEL M. TOR
Private Complainant
SUBSCRIBED AND SWORN to before me this 14th day of February 2014 at
Baguio City, Philippines. Complainant personally came and appeared with his Passport
I.D. no 273616378 issued on October 23, 2013 at Baguio City Benguet, bearing his
photograph and signature, known to me as the same person who personally signed the
foregoing instrument before me and avowed under penalty of law to the whole truth of
the contents of said instrument.
ATTESTATION OF COUNSEL
I, ANTONIO L. BASUNGIT JR., Asst. Provincial Prosecutor, Detailed PPOBaguio City, Philippines, after having been sworn to in accordance with the law do
hereby depose and say:
1. That I have faithfully recorded or caused to be recorded the questions I asked
and the corresponding answers that complainant, JOEL M. TOR, gave;
2. That I have not, nor any other person present or assisting coached the witness
regarding the witness answers; and
3. That I fully understand that any false attestation shall subject me to disciplinary
action, including disbarment.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 14 th day of
February 2014 Baguio City, Philippines.
1. Q. Please state your name and other personal circumstances for the record.
A. BONG G. NABARRO Sir.
2. Q. Are you the same BONG G. NABARRO, the complainant in this case?
A. Yes Sir
8. Q. What did you do after they held your hands, neck and legs?
A. That I told them I will not fight but they did not listen and together they boxed and
mauled me on different parts of my body causing me a lot of injuries and they also
used iron pipe to strike me to which I suffered a 10-inch wound in my head, a fractured left leg
and two broken ribs due to the severe beating, and I have was hospitalized for 16 days and advised
to get a complete rest for 4 weeks or more until my leg brace will be removed and my ribs will be
completely healed and I am attaching to this complaint the medical certificates to attest
to my wounds and injuries.
BONG G. NABBARO
Private Complainant
SUBSCRIBED AND SWORN to before me this 14th day of February 2014 at
Baguio City, Philippines. Complainant personally came and appeared with his Passport
I.D. no 273616378 issued on October 23, 2013 at Baguio City Benguet, bearing his
photograph and signature, known to me as the same person who personally signed the
foregoing instrument before me and avowed under penalty of law to the whole truth of
the contents of said instrument.
ATTESTATION OF COUNSEL
I, ANTONIO L. BASUNGIT JR., Asst. Provincial Prosecutor, Detailed PPOBaguio City, Philippines, after having been sworn to in accordance with the law do
hereby depose and say:
1. That I have faithfully recorded or caused to be recorded the questions I asked
and the corresponding answers that complainant, BONG G. NABBARO, gave;
2. That I have not, nor any other person present or assisting coached the witness
regarding the witness answers; and
3. That I fully understand that any false attestation shall subject me to disciplinary
action, including disbarment.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 14 th day of
February 2014 Baguio City, Philippines.
ROD H. DERNA,
Accused.
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APPLICATION FOR PROBATION
ACCUSED, through the undersigned counsel and unto this Honorable Court, most
respectfully applies for probation under the provisions of Presidential Decree No. 968 as
amended and states that:
1.
2.
The crime for which the accused was convicted is not an offense against national
security or public order;
3.
Accused has not been previously convicted by final judgment of any offense
punishable by imprisonment of not less than one month and one day and/or fine
of not less than two hundred pesos;
4.
Accused has not been once placed on probation under the provisions
of Presidential Decree No. 968, otherwise known as the Probation Law of 1976,
as amended;
5.
Accused has all the qualifications and none of the disqualifications to avail of the
benefits of the Probation Law.
NOTICE OF HEARING
THE BRANCH CLERK OF COURT
REGIONAL TRIAL COURT
Branch 1
Baguio City
Greetings!
Please submit the foregoing motion to the Honorable Court on February 14, 2014
at 8:30 in the morning for its favorable consideration and approval.