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REPUBLIC OF THE PHILIPPINES

BATANGAS CITY, BATANGAS

)
) SS.

AFFIDAVIT
I, Grace Binay, a Filipino, 34 years old, female, married and residing at no.
16 sitio Puyo, Brgy. Sta. Clara, Batangas City, after having been duly sworn
to in accordance with law, hereby depose and state:

1. That I have a barbecue stand along the seaside of Brgy. Sta. Clara,
Batangas City and have been a barbecue vendor at the same place
for five (5) years now.
2. That on September 12, 2014, at around 8 oclock in the evening, two
(2) men, who later on were identified as Jejomar Poe and Manuel
Duterte, ordered for ten (10) orders of barbecue which they said
would be part of their pulutan as they were drinking on a nearby
house.
3. That while waiting for their order, another two men, later on identified
as Aquillino Cayetano and Antonio Guingona, confronted Jejomar
Poe and Manuel Duterte in an aggressive manner.
4. That when Cayetano and Guingona where in an arms reach with Poe
and Duterte, Cayetano shouted at the latter, Hoy! Kayong dalawa,
hindi niyo ga alam na teritoryo ng Tau Gamma ito?! Bawal ang mga
Batangas Varsitarian ditto! Ang lakas ng loob ninyong pasukin to ah.
5. That after Cayetano had shouted those words, Jejomar Poe shouted
back, Bakit? Nabili nyo na ga tong lugar na to? Ang yayabang nio
ah, wala naman kayong binatbat.
6. That while Jejomar Poe was shouting, Manuel Duterte tried to pacify
the three and asked that he and Poe would just go away peacefully,
but to no avail.
7. That after Poe shouted back at Cayetano, Guingona suddenly
punched Po at the head that made Po fall onto the ground.
8. That when Poe was on the gorund, Cayetano kicked Poe on the
latters stomach several times.

9. That because of the beating received by Poe, Duterte came to his aid
pushing Guingona so hard that Guingona stumbled to the ground
after which Duterte kicked Cayetano on his groin which made
Cayetano curled in pain.
10.
That when Guingona was on the ground he picked up a piece
of wood with an approximate size of two (2) feet in length and 2 X 2 in
thickness and hit Duterte from behind with the wood hitting Duterte on
the back of his head which made him fall in a stooping position
11.
That while Duterte was still astoop, Cayetano got his fan knife
from his side pocket and stabbed Duterte at the back several times
using his right hand while shouting, Putang ina mong bakla ka!.
12.
That while the stabbing was happening, Poe was still on the
ground writhing in pain from the kicking and pleaded Guingona and
Cayetano to stop.
13.
That after stabbing Duterte, Cayetano turned his attention on
Po and attempted to stab the latter if not for the timely and yet late
arrival of the two (2) barangay peacemakers.
14.
That when the peacemakers arrived Cayetano and Guingona
ran away threatening to kill Po and shouted May araw ka ring hayop
ka!
15.
That the two (2) barangay peacemakers decided to let
Cayetano and Guingona go and helped Po and Duterte instead and
brought them to the hospital.
16.
That while the mauling incident was happening, I was at a
distance of four meters and was shouting at them to stop and was
screaming at the others to call the barangay peacemakers.
17.
That I am executing this affidavit to attest to the truth of the
above facts and for whatever legal purpose this may serve.

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


_______________ 2015 at ________________.

GRACE BINAY
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, this


_________________ at Batangas City personally appeared the affiant,
________________________.

ROLANDO M. SAN GABRIEL


Prosecutor I
Assistant Provincial Prosecutor
IBP Number 457628; 3-12-2009
MCLE Compliance No. IV-1920394
Roll of Attorney No. 92301

CERTIFICATION
I hereby certify that I have personally examined the affiant at that I am
satisfied that he had voluntarily executed at understood his affidavit.

ROLANDO M. SAN GABRIEL


Prosecutor I
Senior Assistant Provincial Prosecutor
IBP Number 944124; 1-9-2014
MCLE Compliance No. IV-0002123
Roll of Attorney No. 100001

REPUBLIC OF THE PHILIPPINES


BATANGAS CITY, BATANGAS

)
) SS.

AFFIDAVIT
I, Miriam Marcos, a Filipino, 19 years old, female and residing at Sitio
Itlogan, Brgy. Wawa, Batangas City, after having been duly sworn to in
accordance with law, hereby depose and state:

1. That I am currently a college business administration student of


Colegio ng Lungsod ng Batangas and to support my financial needs I
sell balut in nearby barangays, specifically barangay Sta. Clara which
is an adjacent barangay of ours.
2. That on September 12, 2014, at around eight (8) oclock in the
evening while peddling balut along the seaside of barangay Sta.
Clara, I heard a commotion twenty meters from where I was walking.
3. That because of curiosity, I approached the place where the
commotion was coming from.
4. That upon reaching the place, I saw a man, later on identified as
Jejomar Poe, laying down on the ground and wreathing in pain while
another man, later on identified as Antonio Guingona, hit another
man, later on identified as Manuel Duterte, at the back of his head
with a piece of wood which made him fall onto the ground.
5. That while Manuel Duterte was stooping on the ground recovering,
another man, later on identified as Aquilino Cayetano, produced a fan
knife out of his pocket and stabbed Manuel Duterte at his back more
than once with the knife.
6. That after stabbing Duterte, Cayetano looked at Poe, who was still on
the ground, but was interrupted by Guingona and pointed at my
direction and then they ran away from the opposite direction.
7. That after the stabbing, two barangay peace officers rushed to the
scene coming from where I was standing, and then helped Poe and
Duterte who were carried onto a motor tricycle
8. That while the mauling was happening a barbecue vendor was
shouting at them to stop and to call somebody to help.
9. That I was more or less ten feet away from the scene.
10.
That I am executing this affidavit to attest to the truth of the
above facts and for whatever legal purpose this may serve.

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


_______________ 2015 at ________________.

MIRRIAM MARCOS
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, this


_________________ at Batangas City personally appeared the affiant,
________________________.

ROLANDO M. SAN GABRIEL


Prosecutor I
Assistant Provincial Prosecutor
IBP Number 457628; 3-12-2009
MCLE Compliance No. IV-1920394
Roll of Attorney No. 92301

CERTIFICATION
I hereby certify that I have personally examined the affiant at that I am
satisfied that he had voluntarily executed at understood his affidavit.

ROLANDO M. SAN GABRIEL


Prosecutor I
Senior Assistant Provincial Prosecutor
IBP Number 944124; 1-9-2014
MCLE Compliance No. IV-0002123
Roll of Attorney No. 100001

REPUBLIC OF THE PHILIPPINES


BATANGAS CITY, BATANGAS

)
) SS.

AFFIDAVIT
I, Jejomar Poe, a Filipino, 27 years old, male, single and residing at no. 11,
Arrieta Subdivision, Brgy. 20, Batangas City, after having been duly sworn
to in accordance with law, hereby depose and state:
1. That Manuel Duterte and I have been members of the registered
fraternity called Batangas Varsitarian since 2001 and 2004
respectively.
2. That on September 12, 2014, Manuel Duterte and I were invited by
our co-worker, Alex Cabagnot, in AG&P company to his house at #4
Sitio Ibaba, Brgy. Sta. Clara, Batangas City to have dinner, as it was
his birthday that day.
3. That on the said date, at around seven thirty in the evening, Duterte
and I arrived at the house of Cabagnot and had dinner together with
the latters family and friends.
4. That after the dinner, Cabagnot put out bottles of beers and
requested us to stay a little longer and to have a drink with him.
5. That Duterte and I decided to stay for a drinking session and buy
pulutan at the sea-side which is 200 meters, more or less, from the
house of Cabagnot.
6. That on our way to the sea-side, a group of men was drinking in front
of a house which is about 10 meters from the house of Cabagnot and
a man from the group shouted at us, hoy! Mga Varsitarian kayo ah!
Anong ginagawa nyo ditto?!
7. That we do not know the person who shouted at us.
8. That a person from the group, Antonio Guingona, confronted us and
told us Umuwi na kayo kung ayaw ninyong magkagulo to which I
responded Hindi kami naghahanap nang gulo, naimbitahan lang
kami ng isang kaibigan.
9. That Duterte and I have known Guingona since we joined the
Batangas Varsitarian and have considered him as an adversary in
fraternity.
10.
That after the confrontation, Duterte whispered to me not to
mind Guingona and just go on to which I complied and went directly
to the seaside, although we could still hear shouts and jeering from
the group specifically Kinakausap pa kayo ah! Ang yayabang ninyo!

11.
That when we reached the seaside, we immediately ordered
barbecue from a stand so that we could go back to Cabagnots
house to be safe because we felt so much tension and detestation
from the group.
12.
That while still waiting for the barbecue, Guingona and Aquilino
Cayetano, whom we know as another member of Tau Gamma Phi
Fraternity, confronted us again and the former shouted to my face
Hoy! Kayong dalawa, hindi niyo ga alam na teritoryo ng Tau Gamma
ito?! Bawal ang mga Batangas Varsitarian ditto! Ang lakas ng loob
ninyong pasukin to ah. To which I replied Bakit? Nabili nyo na ga
ang lugar na to?
13.
That after my reply, Guingona punched me in my jaw which
made me wobbly and fall onto the ground and while still on ground
Guingona kicked me in my stomach several times it was so painful I
could not get up on my feet.
14.
That while on the ground and being kicked by Guingona, I saw
Duterte pushed Guingona away and then kicked Cayetano because
the latter was about to punch Duterte.
15.
That when Guingona regained his balance, he hit Duterte with a
piece of wood at the back of his head which made Duterte fall onto
the ground, his face was against the ground and I could not
determine if he was still alive.
16.
That while Duterte was still on the ground, Cayetano got his fan
knife which is hidden in his pocket and stabbed Duterte several times
on his back, a sight which gave me horror and great fear, and
pleaded them to stop.
17.
That while Cayetanos attention was shifted to me, I heard a
sound of whistle and then everything went black.
18.
That I woke up in a hospital and was confined for four days due
to injuries in my head, internal bleeding in my stomach and broken
ribs.
19.
That I am executing this affidavit to attest to the truth of the
above facts and for whatever legal purpose this may serve.

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


_______________ 2015 at ________________.

JEJOMAR POE
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, this


_________________ at Batangas City personally appeared the affiant,
________________________.

ROLANDO M. SAN GABRIEL


Prosecutor I
Assistant Provincial Prosecutor
IBP Number 457628; 3-12-2009
MCLE Compliance No. IV-1920394
Roll of Attorney No. 92301

CERTIFICATION
I hereby certify that I have personally examined the affiant at that I am
satisfied that he had voluntarily executed at understood his affidavit.

ROLANDO M. SAN GABRIEL


Prosecutor I
Senior Assistant Provincial Prosecutor
IBP Number 944124; 1-9-2014
MCLE Compliance No. IV-0002123
Roll of Attorney No. 100001

REPUBLIC OF THE PHILIPPINES


BATANGAS CITY, BATANGAS

)
) SS.

COUNTER-AFFIDAVIT
I, Antonio Guingona, a Filipino, 26 years old, male, single and residing at
no. 39, Sitio Ibaba, Brgy. Sta. Clara, Batangas City, after having been duly
sworn to in accordance with law, hereby depose and state:

1. That I have been a member of the fraternity of Tau Gamma Phi since
2002.
2. That the deceased, Manuel Duterte and Jejomar Poe have been
known to me since our college years and considered them as
fraternity rivals during our college years.
3. That on September 12, 2014, I invited my friends to come over my
house and have a drink to celebrate my being regular at my work in
Asian Terminal Inc. as port operator.
4. That around 8 oclock of said date, I saw Duterte and Po passed by
my house and invited them to stop by for a friendly drink and ask
them to forget the past since we are already mature individuals.
5.

That after cordially inviting the two, Poe sarcastically answered


lasunin mo pa kami, to which I answered hindi naman pare,
kalimutan na natin ang nakaraan, tutal, matatanda na tayo.

6. That after I replied, Poe pushed me aside and shouted at us in


general mga wala kayong binatbat, mga bakla kayong Tau Gamma!
and when he was about 10 meters away, he threw a stone in our
direction which hit Aquilino Cayetano on the head.
7. That apparently, the two did not know that Poe hit somebody for the
continued to walk away casually.
8. That I was so embarrassed with my visitor Cayetano whom I casually
know as a member of Tau Gamma Phi that he had to experience that
in my house.
9. That after attending to the injury sustained in the head by Cayetano,
he immediately left towards the direction of Poe and Duterte saying
that he would talk to them for them to apologize to him.
10.
That I accompanied Cayetano being his host and to assist in
settling the issue amicably.
11.
That when we approached them near a barbecue stand, I
asked Poe to apologize to Cayetano and told him that his actions

were inappropriate and it was unnecessary for him to throw rocks on


us.
12.
That after what I said, he shouted in my face wala kayong
pakialam. Ang yayabang ninyo and then he pushed me hard which
provoked me to punch him.
13.
That after punching him, Poe got his fan knife out and tried to
stab me, but Cayetano got hold of a piece of wood and knocked the
knife out of his hand and I tried to subdue Poe.
14.
That when I was trying to restrain Poe, Duterte kicked me in my
groin which made me fell and choked me with his hands I almost lost
consciousness.
15.
That I realized Cayetano stabbed Duterte that is why I got freed
from the choke and when Cayetano turned to Poe, I asked Cayetano
to stop and pulled him away from Poe, so that he could not harm
Poe.
16.
That when the Brgy. Peacekeepers arrived, Cayetano ran away
so I followed him to reason with him that what he had done was a
crime but he immediately left.
17.
That I hid myself not because I am guilty of homicide but for
fear that the relatives of Duterte might take revenge against me and
this making of sworn statement is a proof that I am not hiding from
law.
20.
That I am executing this affidavit to attest to the truth of the
above facts and to make straight and correct the statements mabe by
the witnesses and Jejomar Poe.

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


_______________ 2015 at ________________.

ANTONIO GUINGONA
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, this


_________________ at Batangas City personally appeared the affiant,
________________________.

ROLANDO M. SAN GABRIEL


Prosecutor I
Assistant Provincial Prosecutor
IBP Number 457628; 3-12-2009
MCLE Compliance No. IV-1920394
Roll of Attorney No. 92301

CERTIFICATION
I hereby certify that I have personally examined the affiant at that I am
satisfied that he had voluntarily executed at understood his affidavit.

ROLANDO M. SAN GABRIEL


Prosecutor I
Senior Assistant Provincial Prosecutor
IBP Number 944124; 1-9-2014
MCLE Compliance No. IV-0002123
Roll of Attorney No. 100001

Republic of the Philippines


FOURTH JUDICIAL REGION
REGIONAL TRIAL COURT
Batangas City Branch ____

People of the Philippines


Complainant,
Criminal Case No. 4356
FOR: MURDER
-versus-

Antonio Guingona and


Aquilino Cayetano
Accused,
x-----------------------------------------------x

INFORMATION
The undersigned Prosecutor hereby accuses ANTONIO
GUINGONA and AQUILINO CAYETANO of the crime of MURDER
defined and penalized under Article 248 of the Revised Penal Code,
committed as follows, to wit:
That on or about the 12th of September, 2014 at abot 8 oclock
in the evening, in Barangay, Sta. Clara, Batangas City, Philippines, the
above-named accused conspiring together, confederating with and
mutually helping each other, with intent to kill, qualified with treachery
and abuse of superior strength did, then and there, willfully, unlawfully
and feloniously, assault, attack and employ personal violence upon the
person of one Manuel Duterte by then and there stabbing him several
times on his back with a fan knife by Aquilino Cayetano with
indispensable cooperation of Antonio Guingona, thereby inflicting upon
him serious and mortal wound which was the direct and immediate
cause of his death, to the damage and prejudice of the heirs of the said
Manuel Duterte.
CONTRARY TO LAW
Batangas City, November 8,2014

ROLANDO M. SAN GABRIEL


PROSECUTOR I
This is to certify that a preliminary investigation of this case was
conducted and as shown by the record, an authorized officer has
personally examined the complainant and her witnesses, and from the
evidence submitted, the undersigned believes that the crime charged

was committed and there is reasonable ground to believe that the


accused herein is probably guilty thereof.
It is further certified that a notice of complaint was sent to the
accused at their known address, together with the evidence against
them and they were given the opportunity to submit controverting
evidence.

ROLANDO M. SAN GABRIEL


PROSECUTOR I
Subscribed and sworn to before me this 8 th of November 2014
at Batangas City.

RODERICK PATULAY
ASSISTANT CITY PROSECUTOR
WITNESSES:
Grace Binay Sta. Clara, Batangas City
Miriam Marcos Wawa, Batangas City
Jejomar Poe Poblacion 20, Batangas City
Dra. Eleonor Bagui Soro-soro, Batangas City
And others.
NOTE:
Accused Aquilino Cayetano and Antonio Guingona are resident of
Dumantay, Batangas City and Brgy. Sta. Clara, Batangas City
respectively.
BAIL RECCOMENDED SIXTY THOUSAND PESOS (60,000 php)
each
APPROVED:
DEXTER JONAS M. LUMANGLAS
PROSECUTOR IV
CITY PROSECUTOR
Republic of the Philippines
FOURTH JUDICIAL REGION
REGIONAL TRIAL COURT
Batangas City Branch ____

People of the Philippines


Complainant,
Criminal Case No. 4356
FOR: MURDER
-versus-

Antonio Guingona and


Aquilino Cayetano
Accused,
x-----------------------------------------------x

RESOLUTION
This involves the complaint for murder for the death of one Manuel
Duterte against Antonio Guingona and Aquilino Cayetano of barangay Sta.
Clara and barangay Dumantay Batangas City, respectively.
In the affidavit of the witness Grace Binay, she averred that she
witnessed the altercation and claimed that she was near the two accused
and the victim. She alleges that on September 12, 2013 at about 8:00 in
the evening, she was on the sea side of barangay Sta. Clara and was
vending barbecue when Duterte and Poe ordered from her barbecues.
While waiting for the order, Antonio Guingona and Aquilino Cayetano
approached Duterte and Poe aggressively and exchanged some heated
words. She further claimed that it was Guingona and Cayetano who first
started the altercations and it was Duterte who tried to pacify everyone.
Binay further stated that it was Guingona who landed the first punch on
Poe which made the latter fall onto the ground and received some more
beatings. In that instance, Duterte came to Poes aid. However, Duterte
was subdued by Guingona and Cayetano who, aside from having
advantage in number, was armed with a piece of wood and a fan knife
respectively. With the use of wood, Guingona hit Duterte at the back of the
latters head that made Duterte fall in a stooping position, half conscious.
While Duterte was in that helpless position, it was when Cayetano got out
his fan knife from his side pocket and stabbed Duterte at the back several
times which was the direct and immediate cause of Dutertes death.
The statements of Miriam Marcos in her affidavit support the
statements made by Grace Binay anent the act of Guingona hitting Duterte
at the back of his head and the act of Cayetano stabbing Duterte at the
back while in a helpless position. Although Marcos did not witness the
whole altercation from the beginning, it was enough that she witnessed the
treacherous act of Guingona in hitting the back of the head of Duterte and
Cayetano in stabbing at the latters back which caused Dutertes death.
She also stated that Cayetano turned his attention on Poe after stabbing

Duterte and attempted to stab Poe if not for the arrival of the two barangay
peacekeepers. She also stated that she witnessed the flight of Cayetano
and Guingona and while at it the two threatened Poe that the latter will
have his own day.
The statements of Poe regarding the mauling incident were just a
reiteration of what have been stated by the two witnesses and had been
corroborotated by the witnesses averments. However, the statements of
Poe made clear to the undersigned the motives of Guingona and Cayetano
in killing Duterte and threatening to kill Poe. This is rooted in a fraternity
conflict between two rival fraternities Tau Gamma Phi and Batangas
Varsitarian. In such conflict, one has to die in a brutal and ruthless way.
This has to stop and be resolved.
The respondent Antonio Guingona stated in his defense that the fan
knife belonged to Poe and it was the latter who made the first attempt to
stab him. He also explained why he and Cayetano approached Poe and
Duterte and that is to make them apologize to Cayetano for hitting him with
a stone. In Guingonas defense, he had no complete knowledge of the
stabbing and just realized it after the stabs were already made. He also
anchored his defense on trying to stop Cayetano from stabbing Duterte and
had no part in the killing of Duterte.
On the part of Cayetano, he has been given legally ample time to
state his side in order to defend himself from the imminent indictment.
However, until now he has yet to submit his counter-affidavit and his
whereabouts cannot be determined after thorough means of locating him.
Upon evaluation and scrutiny, the undersigned finds sufficient
evidence of reasonable cause to believe that the crime of Murder defined
and penalized under the Revised Penal Code has been committed by
Aquilino Cayetano by direct participation in stabbing one Manuel Duterte at
his back while in a helpless position with a fan knife and Antonio Guingona
by indispensable cooperation without Guingonas act the stabbing at the
back would not have been accomplished.
WHEREFORE, viewed from the foregoing, respondents ANTONIO
GUINGONA AND AQULINO CAYETANO are hereby indicted for the crime
of Murder under Article 248 of the revised Penal Code.
Batangas City, October 21, 2014.
ROLANDO M. SAN GABRIEL
Prosecutor I