REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
OFFICE OF THE PROVINCIAL PROSECUTOR
Palace of Justice, Capitol, Cebu City
Joselito C. Balvez,
Complainant,
VII-03-INV-14J-1226
-versusFOR: ATTEMPTED MURDER
Orlan Hopia @ Orlando Hopia
And Jekjek Avila,
Respondents.
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RESOLUTION
The above-named respondents are charged with
Attempted Murder filed by Joselito C. Balvez, the
circumstances of which are hereunder narrated by the latter
in his Affidavit, to wit:
At around 9:00 oclock in the evening more or less of
September 20, 2014, I was in my house sleeping when I was
awakened by a familiar voice calling my name. I stood up,
opened the door and with the use of a flashlight, I saw Jekjek
Avila and Orlan Hopia, both residents of same place standing
at around 3 meters more or less. I inquired from them in
vernacular unsa man tuyo ninyo Dong? while I also noticed
that Orlan was carrying something. Not so long, Orlan
pointed something at me and said kini imo pare! then a
loud burst of gunfire rang, and I moved sideward to evade,
feeling something struck my abdomen. After the incident, I
came down and picked a stone and threw it at them, who
were both fleeing to different directions. After the incident, I
reported to our barangay captain and he told me that he will
investigate the matter, and on the next day (September 21,
2014) I went to Tuburan Police Station to report the incident.
Prior to the incident, I cannot remember having quarreled to
anyone within our place neither with the suspects.
The undersigned sent subpoena to herein respondents,
through PNP Tuburan, Cebu, for them to submit their
controverting evidence pursuant to law. However, the return
of the subpoena shows that both respondents were not

found at the given address. Hence, this complaint is resolved

on the basis of the evidences submitted by the complainant.
FINDINGS:
Based on the uncontroverted allegations of the
complainant
and
other
evidences
submitted,
the
undersigned finds probable cause to hold both respondents
for trial for the crime of Attempted Homicide but not for
Attempted Murder. There is lack of evidence submitted to
indicate any of the attendant circumstances to qualify the
act to attempted Murder. Prior to the shooting, there was a
confrontation between complainant and the respondents.
Complainant, at that instance, was using a flashlight to
confront the respondents especially that it was already late
at night. Complainant was also able to notice that
respondent Orlan Hopia was carrying something which could
have forewarned him (complainant). Respondent Hopia even
said before shooting him, kini imo pare! (Is this what you
want pare!).
Respondent shot complainant with the use of a firearm
which shows their intention to kill him but because of poor
aim, they were not able to kill the latter but only inflicted
upon him slight physical injury as shown in the attached
Medical Certificate issued by the Office of the Municipal
Health Officer of Tuburan, Cebu. Both respondents could
have killed the complainant at that moment had it not
because of poor shot. After the shooting, both respondents
fled.
WHEREFORE, premises considered, it is hereby
recommended that the information for the crime of
Attempted Homicide against both respondents be filed in the
proper MCTC.
Cebu City, Philippines, December 11, 2014.
ARNULFO V. AMODIA
Prosecutor II
MCLE Compliance No. IV0005950
Issued on 05-29-12
APPROVED BY:

PEPITA JANE A. PETRALBA

Provincial Prosecutor
MCLE Compliance No. IV-0016449
April 10, 2013