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DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSECUTOR
BAGUIO CITY
ANNA ROSE SANTOS,
Complainant,
17B-03998
-versus-
RESOLUTION
The respondents JUAN BATUMBAKAL and OSKAR SULAYMAN
were charged of the crime of MURDER in a complaint filed by ANNA
ROSE SANTOS.
In support of her complaint, the herein complainant attached the
following documents;
1. Photograph of their damaged Motorcycle;
2. Police Report of SPO1 WILSON QUE and PO3 FRANZ PULIDO; and
3. Autoposy Report.
STATEMENT OF FACTS
Based on the investigation conducted by the Police Investigators,
SP01 WILSON M. QUE and P03 FRANZ PULIDO, the facts of the
case are stated hereunder:
1.
On or about 10:00 in the morning of September 7,
2016 Barangay Chairman of Barangay 144 Zone 18 of
Baguio City reported and sought immediate police
assistance regarding an altercation near Philippine National
Bank. PO2 MICHAEL MONTON, being a few blocks away,
was dispatched and was able to see three men shouting at
each other. Two Security Guards, (RYAN ABUEG AND
ARMAN ISON) were calming them down. The three persons
shouting at each other were unnamed. When P02 MICHAEL
MONTON approached them, they suddenly clamed down
but one of the men shouted, Hindi pa ito tapos! Babalikan
Kita! P02 MONTON later found out that the altercation and
attempted fistfight was due to a motorcycle almost hitting
one of the parties. P02 MONTON thought that the parties
have calmed down. P02 Monton then recorded the
motorcycle plate of the two parties vehicles which was
UZZ 90 and LSG 16
2.
On or about 12 noon the following day, three shots of
gunfire were heard in Baguio Public Market. SP02 ELSON
1
3.
On 9 September 2016, around 12 noon, after FRANK
and I bought food at the local market, two (2) persons riding
in tandem suddenly shot FRANK three (3) times in the head,
which caused his death. I only saw the plate number of the
motorbike, and it happened to be UZZ 990, the same
vehicle we encountered a few days before the incident;
4.
On the same day, around 3 oclock in the afternoon,
the two (2) persons riding in tandem were apprehended in a
police check point in La Trinidad, Benguet. They were later
identified as former police inspectors, JUAN BATUMBAKAL
and OSKAR SULAYMAN, the same persons who previously
handled the case of violation of R.A. 9165 or The Dangerous
Drugs Act against FRANK, to which he was found guilty last
8 February 2012;
In his counter-affidavit, the accused JUAN BATUMBAKAL stated
that:
1.
On 7 September 2016, I was at home the whole
morning, waiting for my two (2) children to finish preparing
for school (10am-2pm), as I was about to take them on an
owner-type vehicle to St. Louis Boys High Elementary
Building;
2.
It was a daily routine for me to take them to school in
the morning, eat lunch with my wife at home, and man our
sari-sari store at the nearby market thereafter;
3.
I could not have been one of the respondents since the
bank, where the supposed altercation happened, was out of
our way to school, and thus impossible for me to drive my
children using that route;
4.
Based on the records, I and Oskar Sulayman were the
ones who previously handled the case of violation of R.A.
9165 or The Dangerous Drugs Act against Frank, who was
later found guilty, four (4) years ago;
5.
However, after resigning from work last February 23,
2014, my connections with the other police inspectors
already stopped and I did not have the chance to monitor
the status of the case as well as the person or persons
involved anymore;
In the autopsy report conducted by DR. MICHELLE VALE CRUZ,
it was concluded that This 35-year-old man, FRANKLIN BAMBICO, died
of a gunshot wound of the head Autopsy examination revealed a
penetrating gunshot wound of the head, which damaged the skull and
resulted in internal bleeding. Three bullets were recovered inside the
head. The autopsy would reveal that the victim was shot in a closerange, which explains the gunshot powder in his shirt.
OSKAR SULAYMAN waived his rights under Art. 125 of the Revised
Penal Code and after undergoing an inquest, a resolution was prepared