A Case Of Murder.docx

Republic of the Philippines DEPARTMENT OF JUSTICE

National Prosecution Service OFFICE OF THE PROVINCIAL PROSECUTOR PROVINCE OF ZAMBOANGA DEL SUR Hall of Justice Pagadian City

PEOPLE OF THE PHILIPPINES, Plaintiff,

I.S. No. IX-09-INV-12C-00123

- versus -

- for -

JHON-JHON ADLAON, Respondent. x - - - - - - - -- - - - - - - - - - - - - - - - - /

MURDER

R E S O L U T I O N It appearing from the record of this case that respondent Jhon-Jhon Adlaon, whose known address is at Legarda Uno, Dinas, Zamboanga del Sur, cannot be subpoenaed. The return was never made up to the present by the concerned PNP on the subpoena issued by this Office as early as in April 10, 2012. Hence, this case shall be resolved on the basis of the evidence for the prosecution. A perusal and careful examination of the affidavit of the complainant, as well as that of her witness, shows that there exist a probable cause to indict respondent Jhon-Jhon Adlaon who allegedly without provocation attacked and shot the victim Emedio Capablanca Romero of Purok 1, Legarda Dos, Dinas, Zamboanga del Sur, with a hand gun, hitting the latter’s breast that caused his death on arrival at the hospital. The incident happened on February 17, 2012, at about 12:30 p.m., while said victim was sitting on a bench inside the store just adjacent to his house. WHEREFORE, let Information for Murder be immediately filed with the Regional Trial Court, Branch 29, San Miguel, Zamboanga del Sur, having the authority to try and decide this case, as to both venue and jurisdiction. Done this 18th day of July, 2012, at Pagadian City, Philippines.

LUCIO ORIO TAN JR. 3rd Assistant Provincial Prosecutor MCLE Compliance No. III-0018149 Issued on July 29, 2010 APPROVED: VICTORIANO B. GONZAGA Provincial Prosecutor MCLE Compliance No. III-0018146 Issued on July 28, 2010 Copy Furnished: 1. MRS. GUIULLERMA M. ROMERO Purok I, Legarda Dos, Dinas, Zamboanga del Sur By Registered Mail

2. FILE

Republic of the Philippines REGIONAL TRIAL COURT 9th Judicial Region Branch 29 San Miguel, Zamboanga del Sur

PEOPLE OF THE PHILIPPINES, Plaintiff,

CRIM. CASE No. ___________ ( I.S. No. IX-09-INV-12C-00123)

- versus -

- for -

JHON-JHON ADLAON,

MURDER

Accused. x - - - - - - - -- - - - - - - - - - - - - - - - /

INFORMATION The undersigned Assistant Provincial Prosecutor of Zamboanga del Sur, hereby accuses Jhon-Jhon Adlaon of the crime of Murder, committed as follows: That on or about 12:30 in the afternoon of February 17, 2012, in Purok 1, Barangay Legarda Dos, Municipality of Dinas, Province of Zamboanga del Sur, Philippines, and within the jurisdiction of this Honorable Court, the accused Jhon-Jhon Adlaon armed with a hand gun of undetermined caliber, did then and there, with malice aforethought or evident premeditation and with deliberate intent to take the life of Emedio Capablanca Romero, willfully, unlawfully, feloniously, suddenly, unexpectedly, and treacherously fired shot directly to the latter, employing means, manner and form in the execution thereof which tended directly and specially to insure its commission without danger to the person of said accused, the result of which attack was that the said victim, who did not even know that he would be attacked as he was merely sitting on a bench, received fatal wound on his breast, thereby causing the direct and immediate death of said victim to the great damage and prejudice of his heirs. The commission of the crime of murder was attended by the aggravating circumstance of treachery (alevosia) which the said accused purposely sought for to facilitate the commission of the offense. ACTS CONTRARY TO LAW. Pagadian City, Philippines, July 18, 2012.

LUCIO ORIO TAN JR. 3rd Assistant Provincial Prosecutor MCLE Compliance No. III-0018149 Issued on July 29, 2010

Information for Murder Continue … … … X========== /

- PAGE 2 -

WITNESSES: 1. Guillerma M. Romero - Purok 1, Legarda Dos, Dinas, Zamboanga del Sur; 2. Jomar B. Lagutin - Poblacion, Dinas, Zamboanga del Sur; 3. and Many Others

NO BAIL RECOMMENDED

APPROVED:

VICTORIANO B. GONZAGA Provincial Prosecutor MCLE Compliance No. III-0018146 Issued on July 28, 2010

CERTIFICATION I hereby certify that I, as shown by the records, an authorized Officer, have personally examined the complainant and her witness; that there is a reasonable ground to believe that the crime of Murder has been committed by the accused who is probably guilty thereof, and should be held for trial; that the accused has been duly informed of the complaint and the evidence submitted against him and that he was given the opportunity to controvert the same.

LUCIO O. TAN, JR. Assistant Provincial Prosecutor MCLE Compliance No. III-0018149 Issued on July 29, 2010 3rd

SUBSCRIBED AND SWORN to before me this ____ day of July, 2012, at Pagadian City, Philippines.

VICTORIANO B. GONZAGA Provincial Prosecutor MCLE Compliance No. III-0018146 Issued on July 28, 2010

Republic of the Philippines DEPARTMENT OF JUSTICE

National Prosecution Service OFFICE OF THE PROVINCIAL PROSECUTOR PROVINCE OF ZAMBOANGA DEL SUR Hall of Justice Pagadian City

CARMELITO M. TINDOC, Plaintiff,

I.S. No. IX-09-INV-12D-00154

- versus -

- for -

2nd Lt. BENITO V. GARCIA (Ret.), Respondent. x - - - - - - - -- - - - - - - - - - - - - - - - - /

GRAVE THREATS

R E S O L U T I O N Issues having been joined for resolution of this case with the filing of the counter-affidavit of Lt. Benito V. Garcia (Ret.) and the joint affidavit of his witnesses. Respondent 2nd Lt. Benito V. Garcia [Ret.] (Respondent for brevity) has his present address at Sitio Balabag, Barangay Depuri, Bayog, Zamboanga del Sur, where the Toronto Venture IncorporatedResource Development Philippines, Inc. (TVIRD) has its mine/camp site; The respondent serves as Security Manager of the TVIRD; he is charged before the Office of the Provincial Prosecutor of Zamboanga del Sur with the alleged crime of Grave Threats. 2nd

Prosecution evidence shows that on or about 1:00 o’clock in the afternoon of April 9, 2012, Carmelito M. Tindoc (Complainant for brevity), together with one Alfredo E. Darang, Sr. rode on one truck, described as Isuzu Elf, colored white, driven by Joseph Suan who was also assisted by his truck man, Marlon Floro; the said truck was loaded with assorted cargoes consisting of sacks of rice, dried fish, boxes of soft-drinks, and one unit baking materials owned by a certain Julito Monding. They were transporting the said cargoes to Purok Tinago, Sitio Balabag, Barangay Dipore, Bayog, Zamboanga del Sur. Upon their arrival at the Inter-Agency Checkpoint in Sitio Balabag, Barangay Dipore, Bayog, Zamboanga del Sur, they were prevented from proceeding to their destination by security guards fully armed with armalite M16 rifles and other high-powered firearms with hand held radios, led by the respondent who informed the complainant that he (respondent) was instructed by the TVIRD management that all materials, equipment, machinery, crude oil, commodities and other implements of the small-scale miners operating at Sitio Balabag, Barangay Depuri, Bayog, Zamboanga del Sur, are not allowed to be brought to their plants and/or tunnels situated at the hilly portion of the said barangay. Thereupon, due to the insistence of the respondent, and even if that was against their will, complainant and his companions aforementioned who were already frightened were compelled to return to their place of departure, particularly, at Barangay Maganay, Buug, Zamboanga Sibugay, without having fulfilled their purpose. The act complained of was corroborated as to its material points by witnesses Joseph Suan and Marlon Floro in their joint affidavit supporting the affidavit of complainant. On the other hand, in his counter affidavit supported by the joint affidavit of his witnesses, Security guards Nemrod C. Achay, Jemar A. Collora and Arnel K. Solomon, all members of the security department of TVIRD, the respondent vehemently denied the alleged accusation of the complainant and his witnesses. He alleged that the allegations stated in the affidavit of complainant and his witnesses are bereft of merit. He also alleged that they were manning a checkpoint “to secure their area of responsibility which did not in any way contravene any law nor it captivates an aura of fear within the people residing therein, conversely, it secures their lives and limbs”. He further added that nowhere in the complainant’s allegations would the

RESOLUTION I.S. NO. IX-09-INV-12D-00154

- PAGE 2 -

X============/ elements of the crime charged suffice. This case illustrates between denial, on one hand, and the positive identification of the accused for his commission of a crime, on the other hand. The positive identification of the respondent as the person responsible for preventing complainant and his companions has been clearly, categorically and consistently established on record. Moreover, the undersigned noted that no evidence was presented to establish that these eyewitnesses for the prosecution harbored any ill-will against the respondent or that they have reasons to fabricate their allegations under oath. It is thus believed that the allegations of the complainant, as corroborated by his witnesses on the incident narrated in the foregoing, are accepted as true for being consistent with the natural order of events, human nature and the presumption of good faith. [see People v. Amodia, G.R. No. 173791, April 7, 2009, 584 SCRA 518, 541]. Such positive identification prevails over respondent’s uncorroborated and weak defense of denial. Positive identification of a culprit is of great weight in determining whether an accused is guilty or not.[People v. Bihag, Jr. and Hilot, 396 Phil. 289, 296 (2000)]. The Supreme Court has held that the defense of denial is insipid and weak as it is easy to fabricate and difficult to prove; thus, it cannot take precedence over the positive testimony of the offended party. [People v. Pangilinan, 443 Phil. 198, 235-236 (2003)]. The defense of denial is unavailing when placed astride the undisputed fact that there was positive identification of the accused.[ People v. Quimzon, 471 Phil. 182, 203 (2004)]. Moreover, respondent’s defense of denial, being evidentiary in nature, can only be determined in a full blown hearing before a judicial proceeding, not when a preliminary investigation is conducted in the face of the positive identification by the prosecution witnesses herein of the identity of the respondent as the very person responsible for the act complained of, so as to indict him and to hold him for further trial. However, the undersigned opines and so holds that the crime committed by the respondent is Grave Coercion defined and penalized under first paragraph of Article 286 of the Revised Penal Code, which provides: “The penalty of prison correccional and a fine not exceeding 6,000 pesos shall be imposed upon any person who, without authority of law, shall by means of violence, threats or intimidation, prevent another from doing something against his will, whether it be right or wrong.” (bold supplied for emphasis). There are two ways of committing grave coercion: 1) by preventing another by means of violence from doing something which is not prohibited by law; and ) by compelling another by means of violence to do something against his will, whether it be right or wrong. Thus, it is the considered view of the undersigned that the respondent, together with his security guards who were then armed with high powered firearms, has committed the first kind of grave coercion, that is, without authority of law, prevented complainant and his companions by means of violence from doing something which is not prohibited by law, that is, transporting their cargoes on board a truck to their destination which is Purok Tinago, Sitio Balabag, Barangay Depuri, Bayog, Zamboanga del

Sur, and there is no existing law yet that punishes them in doing so. The prohibition merely came from the respondent, per instruction of the TVIRD management that all materials, equipment, machinery, crude oil, commodities and other implements of the small-scale miners operating at Sitio Balabag, Barangay Dipore, Bayog, Zamboanga del Sur, are not allowed to be brought to their plants and/or tunnels situated at the hilly portion of the said barangay. If ever complainant and his companions were violating any existing law, the respondent through his employer should have reported the matter to the proper authorities and filed a case against the complainant and his companions. It must be so emphasized that the objective of the law on coercion is to enforce the

RESOLUTION - PAGE 3 -

I.S. NO. IX-09-INV-12D-00154

X============/ principle “that no person is allowed to take the law into his hands; that ours is a government of law and not of men”. (see The Revised Penal Code Made Easy, Book II, 2001 ed., p. 300; bold supplied for emphasis). WHEREFORE, let the attached information for Grave Coercion be immediately filed with the court of competent jurisdiction against accused 2nd Lt. Benito V. Garcia [Ret.], recommending the amount of Twenty Four Thousand (Php24,000.00) Pesos, representing bail for his temporary liberty. Done this 1st day of October, 2012, at Pagadian City, Philippines.

LUCIO ORIO TAN JR. 3rd Assistant Provincial Prosecutor MCLE Compliance No. III-0018149 Issued on July 29, 2010

APPROVED:

VICTORIANO B. GONZAGA Provincial Prosecutor MCLE Compliance No. III-0018146 Issued on July 28, 2010

Copy Furnished:

1. Mr. Carmelito M. Tindoc 832 Makabibihag, Balangasan District Pagadian City By Registered Mail 2. 2nd Lt. Benito V. Garcia [Ret.] Sitio Balabag, Barangay Dipore Bayog, Zamboanga del Sur By Registered Mail

3. OFFICE FILE

Republic of the Philippines MUNICIPAL CIRCUIT TRIAL COURT OF KUMALARANG-LAKEWOOD-BAYOG 9th Judicial Region Kumalarang, Zamboanga del Sur PEOPLE OF THE PHILIPPINES, Plaintiff,

CRIMINAL CASE No. _______________ (I.S. No. IX-09-INV-12D-00154)

- versus -

- for -

2nd Lt. BENITO V. GARCIA (Ret.), Accused. X-------------------------/

GRAVE COERCION

I N F O R M A T I O N The undersigned Assistant Provincial Prosecutor of Zamboanga del Sur, hereby accuses 2nd Lt. BENITO V. GARCIA (Ret.) of the crime of GRAVE COERCION defined and penalized under first paragraph of Article 286 of the Revised Penal Code, committed as follows: That on or about past 1:00 o’clock in the afternoon of April 9, 2012, at Sitio Balabag, Barangay Dipore, Municipality of Bayog, Province of Zamboanga del Sur, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused without authority of law, and armed with a high-powered firearm, did then and there willfully, unlawfully and feloniously, prevent complainant Carmelito M. Tindoc and his companions by means of violence from doing something which is not prohibited by law, that is, transporting their cargoes on board a truck to their destination which is Purok Tinago, Sitio Balabag, Barangay Dipore, Bayog, Zamboanga del

Sur, and there is no existing law yet that punishes them in doing so, and as a consequence thereof, the latter went back to their place of departure, that is, Buug, Zamboanga Sibugay, to the great damage and prejudice of the said complainant. ACTS CONTRARY TO LAW. Done this 1st day of October, 2012, at Pagadian City, Philippines.

LUCIO O. TAN, JR. Assistant Provincial Prosecutor MCLE Compliance No. III-0018149 Issued on July 29, 2010 3rd

WITNESSES: 1. Mr. Carmelito M. Tindoc - 832 Makabibihag, Balangasan District, Pagadian City; 2. Marlon M. Floro - Barangay Betinan, San Miguel, Zamboanga del Sur; 3. Joseph P. Suan - Barangay Talairan, Buug, Zamboanga Sibugay; 4. And Many Others

BAIL RECOMMENDED: TWENTY FOUR THOUSAND (Php24,000.00) PESOS.

INFORMATION FOR GRAVE COERCION X===========/

- PAGE 2 -

APPROVED:

VICTORIANO B. GONZAGA Provincial Prosecutor MCLE Compliance No. III-0018146 Issued on July 28, 2010

CERTIFICATION I hereby CERTIFY under oath that I, or as shown by the record, an authorized officer, have personally examined the complainant and his witnesses; that there is reasonable ground to believe that the crime of GRAVE COERCION has been committed and that the accused is probably guilty thereof and should be held for trial; that the accused was informed of the complaint and the evidence submitted against him; and that he was given the opportunity to controvert the same.

LUCIO O. TAN, JR. 3rd Assistant Provincial Prosecutor MCLE Compliance No. III-0018149 Issued on July 29, 2010

SUBSCRIBED AND SWORN TO before me this _____ day of October, 2012, at Pagadian City, Philippines.

VICTORIANO B. GONZAGA Provincial Prosecutor MCLE Compliance No. III-0018146 Issued on July 28, 2010

Republic of the Philippines REGIONAL TRIAL COURT 9th Judicial Region BRANCH 23 Molave, Zamboanga del Sur PEOPLE OF THE PHILIPPINES, Plaintiff,

CRIM. CASE No. _______________ (I. S. No. IX-09-INV-12D-00148)

- versus ROSALIE CAÑETE y OMANDAM, Accused. x--------------------------/

- for TRAFFICKING IN PERSONS defined and penalized under Sec. 4 (a), in relation to Sec. 3 (a, b, c & d), Of REPUBLIC ACT No. 9208

I N F O R M A T I O N The undersigned Assistant Provincial Prosecutor of Zamboanga del Sur, hereby accuses ROSALIE CAÑETE Y OMANDAM of the crime of Trafficking in Persons defined and penalized under Section 4 (a), in relation to Section 3 (a, b, c & d), all of Republic Act No. 9208, otherwise known as the Trafficking in Persons Act of 2003, committed as follows: That in or about and during the period comprised between October 11, 2010 and February 14, 2012, inclusive, first, in Purok Makugihon, Barangay Blancia, Municipality of Molave, Province of Zamboanga del Sur, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, being the sister of the full blood of the offended party, Patricia Rebusora y Cañete, did then and there willfully, unlawfully and feloniously defraud the latter and her 17-year old daughter Lovella Rebosura y Cañete, by way of false pretenses, which are executed prior to or simultaneously with the commission of the fraud, as follows, to wit: the accused knowing fully well that she is not authorized job recruiter for persons intending to secure employment abroad, recruited and convinced the said offended parties and pretended that she could secure a job for Lovella Rebosura y Cañete in Malaysia; the said offended parties, deceived and convinced by the false pretenses employed by the accused agreed wherein eventually (on October 26, 2010) Lovella Rebosura y Cañete went with the accused to Malaysia where she was utilized as a house helper at the house of the accused, and far from her expectations and contrary to her will, the said Lovella Rebosura y Cañete was subjected to inhuman treatment by her aunt, accused herein, and she was forced to render acts for the purpose of prostitution, forced labor, slavery and involuntary servitude; and every time that Patricia Rebusora y Cañete would inquire through the phone regarding the condition of her said daughter Lovella Rebosura y Cañete, the accused was always under the pretext that said minor victim was in good hands until the matter had gone worst for the said minor Lovella Rebosura y Cañete to bear with her ordeal, and fortunately through the help of other Filipinos thereat, she chanced to get home on February 14, 2012, to the great damage and prejudice of the said offended parties. ACTS CONTRARY TO LAW. Pagadian City, Philippines, October 1, 2012. LUCIO O. TAN, JR. Assistant Provincial Prosecutor MCLE Compliance No. III-0018149 Issued on July 29, 2010 3rd

INFORMATION CONTINUE……………. X===========/

- PAGE 2 -

BAIL BOND RECOMMENDED: EIGHTY THOUSAND (P80,000.00) PESOS.

WITNESSES: 1. Patricia C. Rebusora - Purok Makugihon, Barangay Blancia, Molave, Zamboanga del Sur; 2. Lovella C. Rebosura - do 3. And Many Others

APPROVED:

VICTORIANO B. GONZAGA Provincial Prosecutor MCLE Compliance No. III-0018146 Issued on July 28, 2010

CERTIFICATION I hereby certify that I, an authorized Officer, have conducted the requisite preliminary investigation in this case and have personally examined the complainants wherein a reasonable ground of belief exist that the crime as charged was committed by the accused who is probably guilty thereof and should be held for trial, and that the accused could not be subpoenaed, considering that she is presently residing at Malaysia.

LUCIO O. TAN, JR. 3rd Assistant Provincial Prosecutor MCLE Compliance No. III-0018149 Issued on July 29, 2010

SUBSCRIBED AND SWORN to before me this _____ day of October, 2012, at Pagadian City, Philippines.

VICTORIANO B. GONZAGA Provincial Prosecutor MCLE Compliance No. III-0018146 Issued on July 28, 2010

Republic of the Philippines DEPARTMENT OF JUSTICE

National Prosecution Service OFFICE OF THE PROVINCIAL PROSECUTOR PROVINCE OF ZAMBOANGA DEL SUR Hall of Justice Pagadian City

PEOPLE OF THE PHILIPPINES, Plaintiff,

I. S. No. IX-09-INV-12D-00148

- versus -

- for -

ROSALIE CAÑETE y OMANDAM, Respondent. x--------------------------/

TRAFFICKING IN PERSONS defined and penalized under Sec. 4 (a), in relation to Sec. 3 (a, b, c & d), Of REPUBLIC ACT No. 9208

RESOLUTION Private complainants Patricia Rebosura y Cañete and her daughter Lovella Rebosura y Cañete have executed their respective sworn Complaint-Affidavit (made under oath), showing in substance that on October 2, 2012, respondent Rosalie Cañete y Omandam arrived home in Barangay Blancia, Molave, Zamboanga del Sur, from Malaysia to attend the burial of her father. Incidentally, respondent herein is the sister of the full blood and the aunt of, private complainants herein. On October 11, 2010, the respondent asked the permission of her sister, Patricia Rebosura y Cañete, if she could bring with her niece Lovella Rebosura y Cañete (then a 17year old minor daughter of Patricia) to Malaysia. Patricia was at first hesitant by reason of the minority of her said daughter. But her sister Rosalie (respondent herein) promised her that she (Rosalie) will take care of everything for Lovella who was offered job in Malaysia. Thinking then that her said minor daughter would be safe and in good hands with her sister Rosalie and for the good future of Lovella, Patricia finally acceded to the offer of the respondent. Thus, subsequently on October 26, 2010, the respondent and her niece Lovella went to Malaysia. Few months passed when complainant Patricia made a long distance call to her said daughter but it was always the respondent who would answer the phone and kept telling Patricia that Lovella was alright and that Patricia has nothing to worry about. There were three (3) times during long distance call that Patricia pleaded her sister Rosalie that she wanted to speak to her said daughter, and she (Patricia) was allowed to converse only a few minutes with her daughter Lovella. Surprisingly, however, on February 14, 2012, Lovella Rebosura y Cañete arrived home at Purok Makugihon, Barangay Blancia, Molave, Zamboanga del Sur. The latter narrated to her mother about her ordeal in Malaysia where she was maltreated and forced to work as a prostitute by the respondent. She was placed in a hotel in Malaysia where she was instructed to go inside a room therein where a customer was waiting for her. She further added that she was beside the respondent every time she and her mother Patricia had conversation to each other at the phone, and that the respondent would forcibly dictate what to say to her mother in order to hide her real situation in Malaysia. Lovella got the chance to escape from Malaysia with the help of some concerned pinay (Filipina) who bought her ticket back to the Philippines. The respondent Rosalie Cañete y Omandam could not be subpoenaed as she is at present living in Malaysia, and the resolution of this case is based on the evidence presented by the complainants herein. Thus, the foregoing narration of facts remained uncontroverted, taking into consideration that the allegations of the complainants, corroborating to each other, are accepted as true for being consistent with the natural order of events, human nature and the

RESOLUTION I.S. NO. IX-09-INV-12D-00148

- PAGE 2 -

X============/ presumption of good faith. [see People v. Amodia, G.R. No. 173791, April 7, 2009, 584 SCRA 518, 541]. The undersigned opines and so holds that the crime committed by the respondent is TRAFFICKING IN PERSONS defined and penalized under Section 4 (a), in relation to Section 3 (a, b, c & d), of Republic Act (R.A.) No. 9208, otherwise known as the Trafficking in Persons Act of 2003. Section 3 (a, b, c & d), of Republic Act (R.A.) No. 9208, among others, gives the definition of the following terms: (a) Trafficking in Persons - refers to the recruitment, transportation, transfer or harboring, or receipt of persons with or without the victim's consent or knowledge, within or across national borders by means of threat or use of force, or other forms of coercion, abduction, fraud, deception, abuse of power or of position, taking advantage of the vulnerability of the person, or, the giving or receiving of payments or benefits to achieve the consent of a person having control over another person for the purpose of exploitation which includes at a minimum, the exploitation or the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery, servitude or the removal or sale of organs. (bold and underlining supplied for emphasis). The recruitment, transportation, transfer, harboring or receipt of a child for the purpose of exploitation shall also be considered as "trafficking in persons" even if it does not involve any of the means set forth in the preceding paragraph. (b) Child - refers to a person below eighteen (18) years of age or one who is over eighteen (18) but is unable to fully take care of or protect himself/herself from abuse, neglect, cruelty, exploitation, or discrimination because of a physical or mental disability or condition. (bold and underlining supplied for emphasis). (c) Prostitution - refers to any act, transaction, scheme or design involving the use of a person by another, for sexual intercourse or lascivious conduct in exchange for money, profit or any other consideration. (bold and underlining supplied for emphasis). (d) Forced Labor and Slavery - refer to the extraction of work or services from any person by means of enticement, violence, intimidation or threat, use of force or coercion, including deprivation of freedom, abuse of authority or moral ascendancy, debt-bondage or deception. (bold and underlining supplied for emphasis). On the other hand, Section 4 (a) of the afore-cited law, specifically set forth, among others, an act of trafficking in persons wherein it shall be unlawful for any person, natural or juridical, to commit the same, viz: (a) To recruit, transport, transfer; harbor, provide, or receive a person by any means, including those done under the pretext of domestic or overseas employment or training or apprenticeship, for the purpose of prostitution, pornography, sexual exploitation, forced labor, slavery, involuntary servitude or debt bondage; (underlining supplied for emphasis). Thus, it is the considered view of the undersigned that the respondent Rosalie Cañete y Omandam has committed the crime of trafficking in persons, the acts complained of are well within all the elements thereof, as shown above. Moreover, as the respondent is probably guilty thereof, she should be indicted and hold for further trial.

WHEREFORE, let the attached information to that effect be immediately filed with the proper family court and/or the RTC, Branch 23, Molave, Zamboanga del Sur, against accused

RESOLUTION - PAGE 3 -

I.S. NO. IX-09-INV-12D-00148

X============/ Rosalie Cañete y Omandam, recommending the amount of Eighty Thousand (Php80,000.00) Pesos, representing bail for his temporary liberty. Done this 1st day of October, 2012, at Pagadian City, Philippines.

LUCIO ORIO TAN JR. Assistant Provincial Prosecutor MCLE Compliance No. III-0018149 Issued on July 29, 2010

3rd

APPROVED:

VICTORIANO B. GONZAGA Provincial Prosecutor MCLE Compliance No. III-0018146 Issued on July 28, 2010

Copy Furnished:

1. Mrs. Patricia C. Rebosura Purok Makugihon, Barangay Blancia Molave, Zamboanga del Sur By Registered Mail

2. Miss Lovella C. Rebosura Purok Makugihon, Barangay Blancia Molave, Zamboanga del Sur By Registered Mail

3. OFFICE FILE

Republic of the Philippines DEPARTMENT OF JUSTICE

National Prosecution Service OFFICE OF THE PROVINCIAL PROSECUTOR PROVINCE OF ZAMBOANGA DEL SUR Hall of Justice Pagadian City

PEOPLE OF THE PHILIPPINES, Plaintiff,

I. S. No. IX-09-INV-12C-00121

- versus -

- for -

ARNOLD GARAN Y DIASANA ILLEGAL POSSESSION OF Respondent. FIREARM AND AMMUNITION x--------------------------/ ========================================================== PEOPLE OF THE PHILIPPINES, Plaintiff,

I. S. No. IX-09-INV-12C-00122

- versus -

- for -

PAUL VINCENT N. ARIAS and ROBBERY and MARLOU D. CORAÑEZ ATTEMPTED MURDER Respondents. x--------------------------/ ========================================================== SEPARATE JOINT RESOLUTION This is a joint resolution of the above-entitled cases separately made by the undersigned member of the Panel of Investigators, pursuant to the Memorandum dated May 17, 2012, of Hon. Victoriano B. Gonzaga, Provincial Prosecutor of Zamboanga del Sur. It appears that these cases happened on the same date (March 27, 2012) at the same place, more particularly, at Sitio Balabag, Barangay Depore, Bayog, Zamboanga del Sur, and involving substantially the same parties, having a different version of accusation against each other. More surprisingly, however, the alleged separate incident narrated in these two cases was separately reported and blottered at a particular PNP Station in a municipality outside the province of Zamboanga del Sur, and outside the situs of the alleged crimes shown hereunder. Copies of certifications on separate blotter regarding the alleged incidents were attached to the original records of these cases. The antecedents are as follows: I. S. No. IX-09-INV-12C-00121 In this particular case, PO1 Michael Galvez Avenido, a member of the PNP assigned at the ZDS Inter-Agency Task Group on Mining, Environment, Public Order & Safety at Sitio Balabag, Barangay Depore, Bayog, Zamboanga del Sur, charged respondent Arnold Garan y Diasana with illegal possession of firearm and ammunition on the strength of a criminal

RESOLUTION I.S. NO. IX-09-INV-12C-00121 I. S. No. IX-09-INV-12C-00122

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X============/ complaint filed with the Office of the Provincial Prosecutor of Zamboanga del Sur, allegedly committed as follows: “That on or about the 27th day of March 2012, at about 5:30 in the afternoon, more or less, in Sitio Balabag, Barangay Depore, in the municipality of Bayog, province of Zamboanga del Sur, Philippines and within the jurisdiction of the Honorable Investigating Office, the abovenamed accused, knowing fully well that unauthorized possession of firearm and ammunition is punishable by law, did then and there willfully, unlawfully and feloniously have in his possession and control one (1) Caliber 45, Colt MK 1V, Series 80, bearing Serial Number 37586, loaded with seven (7) live ammunition, without any legal authority to possess the same”. This accusation against said respondent was supported by no less than the complaint-affidavit of the said Police Officer, having been corroborated by the affidavit of witness, Paul Vincent Arias, the Security Manager of TVIRD, in that both have personal knowledge having seen respondent herein tucking a pistol on his waist with the handle thereof plainly visible to them. According to PO1 Michael Galvez Avenido, he inquired the respondent if he has valid documents or permit to carry his firearm, and when said respondent failed to show any, the former grab the pistol which was found to be a caliber 45, as earlier described. Thereupon, the respondent allegedly ran and was able to evade arrest. The said police officer together with his companions proceeded to the Diplahan Police Station at Diplahan, Zamboanga Sibugay, which is another province, and have the incident blottered therein, as evidenced by a Certification (Marked as Annex “6-F”) issued by PO2 Rey Saagundo Danago (investigator), dated on even date, at 7:30 in the evening. Also attached to the record are colored pictures of the subject firearm which was allegedly accounted for at the said Diplahan Police Station. I. S. No. IX-09-INV-12C-00122 In this other case, on the other hand, respondents Paul Vincent Arias and Marlo Curañez were charged with robbery and attempted murder by complainant Arnold Garan y Diasana. The charge, as reflected in his affidavit-complaint, substantially reads: That on or about March 7, 2012, at around 5:30 o’clock in the afternoon, at Sitio Balabag, Barangay Depore, Bayog, Zamboanga del Sur, while the said complainant was beside his store standing by with Arnel Adem Cineza and Jimmy Campos Balukan, among others, the abovenamed respondents Paul Vincent Arias and Marlo Curañez, together with their then companions, suddenly arrived aboard the service vehicle of TVIRD. The complainant was then carrying a black bag containing a sum of Php300,000.00, some other important documents, and a licensed 9MM pistol, together with the authority to carry the same firearm outside his residence or house, as evidenced by a machine copy of a Permit to Carry Firearm Outside of Residence (PCFOR), marked as Annex “A” and attached to the record of this case. Right then and there, the said respondents, without valid or just reason whatsoever, and without provocation on the part of complainant, forcibly grabbed the black bag of the latter, containing the items above-mentioned. The complainant, being harassed by the respondents at that juncture, was so frightened because, according to him, they were outnumbered and could easily be harmed further by said respondents Paul Vincent Arias and Marlo Curañez and their companions who were then armed, and considering that respondent Marlo Curañez also opened the said bag from which the 9MM pistol was taken out and pointed to the complainant, coupled with the utterance of respondent Paul Vincent Arias, saying: “Barilin mo, Barilin mo!, meaning: “Shoot him, Shoot him” (referring to the complainant). Not long thereafter, the respondents and their companions left taking away complainant’s black bag containing the said items. Subsequently, the complainant also caused the same incident to be blottered before the Diplahan Police Station, Diplahan, Zamboanga Sibugay, as shown by a copy of a Certification dated March 28, 2012, attached as Annex “C” to the original record of this case. These allegations were corroborated by the joint affidavit of witnesses Arnel Adem Cineza and Jimmy Campos Balukan. Likewise attached as Annex “D” to the original record of this case is a copy of the Medico-Legal

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X============/ Certificate dated March 28, 2012, of the complainant, having been examined as a result of the harassment made on his person by the said respondents. Further, these allegations of the complainant were adopted in Toto in his counter-affidavit in I. S. No. IX-09-INV-12C-00121 wherein he is the respondent. The defense offered a different version of the incident in this case placing more reliance upon the clarificatory/reply affidavit of PO1 Michael Galvez Avenido, reiterating the incident narrated in I. S. No. IX-09-INV-12C-00121, as what actually transpired, and that the allegations of complainant Arnold Garan y Diasana are fabricated lies. It must be noted that in both instances, all the parties in these two cases made their respective allegation under oath, each claiming to be the truth of what actually happened. The undersigned has to separate the grain from the chaff or is confronted with the duty to carefully assess the parties’ respective evidence, as follows: I. S. No. IX-09-INV-12C-00121 The undersigned entertains doubt as to the veracity and truthfulness of the allegations of the complainant and his witnesses on two (2) grounds, firstly, PO1 Michael Galvez Avenido, a member of the PNP assigned at the ZDS Inter-Agency Task Group on Mining, Environment, Public Order & Safety at Sitio Balabag, Barangay Depore, Bayog, Zamboanga del Sur, where the incident happened, deliberately did not report the crime of illegal possession of firearm and ammunition allegedly perpetrated in his presence by respondent Arnold Garan y Diasana to the police authorities in Bayog, Zamboanga del Sur, being the situs of the alleged crime, as the standard operating procedure for the police to do so. In the initial inquiry conducted by no less than the Provincial Prosecutor of Zamboanga del Sur, PO2 Rey S. Danago, the Police Investigator of Diplahan, Zamboanga Sibugay, having been subpoenaed to appear before the Office of the Provincial Prosecutor, to shed light on the matter, did not know of any reason why the foregoing incident was caused to be blottered in Diplahan by PO1 Michael Galvez Avenido who was in possession of the subject firearm (see Sworn Statement of PO2 Rey S. Danago taken on May 16, 2012, at the Provincial Prosecution Office). Assuming that the PNP in Diplahan is the nearest police station from the place of the commission of the crime, which is Sitio Balabag, Barangay Depore, Bayog, Zamboanga del Sur, however, that is not sufficient reason for the undersigned to be persuaded and convinced that the blotter thereof should be made at Diplahan, considering that the Bayog Police Station, Bayog, Zamboanga del Sur, was in a better position to investigate the matter as the criminal process of investigating crimes starts with the proper police authorities. Secondly, the chain of custody on the subject firearm was greatly affected and was not properly established, so much so that the firearm itself was never presented to the office of the Provincial Prosecutor where the criminal complaint was initially filed for appropriate action. There was no clear showing that the subject firearm was the very object that was confiscated from the respondent himself at the place where he was allegedly caught possessing the same. Further examination on the subject firearm needs to be undertaken, like ballistics and fingerprints examination to determine whether that was exactly taken from the respondent who may readily be subjected to the same process of scientific examinations to compare his own finger prints with what may appear, vis-à-vis, as a result, on the firearm itself. Moreover, there was no explanation as to the present custodian of the subject firearm, which could have made the proper markings thereof, if only to preserve its evidentiary value. Otherwise, it could be easily tampered even to the extent of sending innocent person to jail. Thus, on reasonable doubt which the undersigned entertains, this case should necessarily fall to the ground having without legs to stand on and to continue with the inquiry of the same. I. S. No. IX-09-INV-12C-00122 Likewise, on the same degree of doubt, the undersigned could not take the allegations of

RESOLUTION I.S. NO. IX-09-INV-12C-00121 I. S. No. IX-09-INV-12C-00122

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X============/ complainant Arnold Garan y Diasana with a grain of salt, hook, line and sinker. The complainant alleged under oath that he was then carrying a black bag containing a sum of Php300,000.00, some other important documents, and a licensed 9MM pistol, together with the authority to carry the same firearm outside his residence or house, as evidenced by a machine copy of a Permit to Carry Firearm Outside of Residence (PCFOR), marked as Annex “A” and attached to the record of this case. To the mind of the undersigned, these allegations with all probability are a mixture of half-truth and half-lies bordering on fabrication, if not, resorted to as a subterfuge to neutralize whatever unfavorable action may be taken against him by his accusers. By public knowledge, and even on the part of a court of law taking judicial notice, Sitio Balabag, Barangay Depore, Bayog, Zamboanga del Sur, is a hilly place and mountainous which does not appear to be a center of trade and human activity, except for the purpose of mining and/or farming. For a person, like complainant Arnold Garan y Diasana, to bring along with him and have in his possession a large sum of Php300,000.00, among others, inside a black bag on a hilly and mountainous area, would somewhat aghast a person of ordinary intelligence who virtually would not believe such a scenario as quite preposterous, being contrary to the natural order of events, human nature and experience. There was not any convincing explanation on his part whether the complainant would be going somewhere, like the nearest municipality of Buug, Zamboanga Sibugay where more than two banks exist, to have his said money deposited therein for his own safety and to secure his money in a safer place. He merely alleged that he was beside his store standing by with Arnel Adem Cineza and Jimmy Campos Balukan, among others, when the respondents allegedly harassed and robbed him. Worst, he too reported this incident to, and caused the same to be blottered before the Diplahan Police Station, Diplahan, Zamboanga Sibugay, as shown by a copy of a Certification dated March 28, 2012, attached as Annex “C” to the original record of this case. In other words, the following day, March 28, 2012 which was after the incident, instead of going to the Bayog Police Station, Bayog, Zamboang del Sur, he went to another province, more particularly, Diplahan, Zamboanga Sibugay, to reflect his own story therein. In a preliminary investigation, the finding of probable cause is virtually the basis for which an information for the crime charged may be filed with the court of competent jurisdiction. Thus, the undersigned Public Prosecutor is not unmindful of the guideline/s set by the Supreme Court in the following cases in determining probable cause, viz: “This concept of probable cause was amplified and modified by our ruling in Stonehill vs. Diokno, (20 SCRA 383) that probable cause ‘presupposes the introduction of competent proof that the party against whom it is sought has performed particular acts, or committed specific omissions’, violating a given provision of our criminal laws.” (La Chemise Lacoste, S.A. vs. Fernandez, 129 SCRA 373). “Probable cause implies probability of guilt and requires more than bare suspicion but less than evidence which would justify a conviction. A finding of probable cause need only to rest on evidence showing that more likely than not, a crime has been commited by the suspect.” (Nava vs. Commission On Audit, 419 Phil. 544 (2001) cited in Alfredo Ching vs. Secretary of Justice, G.R. No.164317, February 6, 2006; bold supplied for emphasis) Stated otherwise, the officer conducting the requisite preliminary investigation cannot just simply state that “there is a disputable presumption” in finding probable cause to a

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I.S. NO. IX-09-INV-12C-00121 I. S. No. IX-09-INV-12C-00122

X============/ particular case under inquiry, or to the affidavit-complaint and its annexes. The affidavitcomplaint and its annexes, it must be emphasized, are the very mirror that reflect the absence of probable cause if so warrant. (bold supplied for emphasis) Consequently, applying the foregoing rule to the instant cases under preliminary investigation, a perusal of the affidavit-complaints of the respective complainant, as well as the affidavit of their witnesses, which they had confirmed and affirmed under oath, will readily show the absence of probable cause on the ground that they are hearsay bordering on conclusions, speculations, surmises and conjectures, which create serious doubt as its truthfulness. As such they are not competent proof under the rule on evidence, and pursuant to the guidelines of our Supreme Court heretofore set forth. Indeed, under Section 4, Rule 112 of the 2000 Rules of Criminal Procedure, the Information shall be prepared by the Investigating Prosecutor against the respondent only if he or she finds probable cause to hold such respondent for trial. The Investigating Prosecutor acts without or in excess of his authority under the Rule if the Information is filed against the respondent despite absence of evidence showing probable cause therefor. (see Enemecio vs. Office of the Ombudsman, G.R. No. 146731, January 13, 2004, 419 SCRA 82; bold and underlining supplied for emphasis). IN LIGHT OF ALL THE FOREGOING, the above-entitled cases not being supported by competent proof to establish the required probable cause, the undersigned so recommends to the Honorable Provincial Prosecutor that the same should be, as it is hereby, DISMISSED. Pagadian City, Philippines, this 1st day of October, 2012.

LUCIO ORIO TAN JR. 3rd Assistant Provincial Prosecutor MCLE Compliance No. III-0018149 Issued on July 29, 2010 APPROVED: VICTORIANO B. GONZAGA Provincial Prosecutor MCLE Compliance No. III-0018146 Issued on July 28, 2010 Copy Furnished:

Camino Nuevo, Zamboanga City By Registered Mail

3. Paul Vincent N. Arias Sitio Balabag, Barangay Depore Bayog, Zamboanga del Sur By Registered Mail

2. Arnold D. Garan Sitio Balabag, Barangay Depore Bayog, Zamboanga del Sur By Registered Mail

4. Marlou D. Coranez Sitio Balabag, Barangay Depore Bayog, Zamboanga dewl Sur By Registered Mail

1. PO1 MICHAEL GALVEZ AVENIDO

5. OFFICE FILE