Prosecutor's Complaint.docx

Republic of the Philippines ) City of Baguio, Benguet) s.s. x- - - - - - - - - - - - - - - - - - - - - -x

AFFIDAVIT OF COMPLAINT

The UNDERSIGNED, MARIO TORRES, accuses JUAN MIGUEL and JUN MIGUEL, of the crime of Slight Physical Injuries, committed as follows: That on or about February 5, 2019, at about midnight in the Zarate Village, Tacay Road, Barangay Pinsao Proper, Baguio City Philippines, the said accused did then and there willfully, unlawfully, feloniously, and by means of throwing bottles of beer, committed the felony of slight physical injuries, upon the undersigned directly by overt acts to wit: That on the night of February 5, 2019 around 12 midnight, the complainant was walking inside Zarate Village, located at Tacay Road, Barangay Pinsao Proper, Baguio City when he saw the respondents who are cousins drinking at the side of the street in front of a sari-sari store; That the incident was witnessed by Aling Nena Cruz the store owner and her statement is noted in ANNEX “A”; That after the said incident the respondents run towards their house located in Barangay Pinsao; That the complainant was accompanied by his uncle Ramon Torres went to the BGH for first aid, attended by Dr. Dy Lim which is exhibited in ANNEX “B”; That the said wound healed within 9 days which is also noted in ANNEX “B”; That after the said first aid administration occurred, the complainant, together with his uncle Ramon Torres went to the police station after Page 1 of 8

Barangay Pinsao Proper to report the incident. Herein attached exhibit as Annex “C”. That there had been a formal confrontation between complainant on February 13, 20 and 27, 2019 in connection with slight physical injuries case but did not arrive into conciliation or amicable settlement as noted in Annex “D”. That the undersigned executed this affidavit to attest the truthfulness of the foregoing facts and to support the filing of Criminal Cases against JUAN MIGUEL and JUN MIGUEL for violations of Article 266 of the Revised Penal Code. Executed, this 4th day of March, 2019.

MARIO TORRES Offended Party SUBSCRIBED AND SWORN to before me this 4th day of March 2019 at Baguio City, Philippines. I HEREBY CERTIFY that I have personally examined the herein offended party and I am satisfied that they voluntarily executed and understood their given affidavit.

CAMARINA SANTIAGO Administering Officer

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ANNEX “A” Republic of the Philippines City of Baguio ) Province of Benguet ) s.s. AFFIDAVIT OF WITNESS I, NENA CRUZ, Filipino, of legal age, married and a resident of Barangay Pinsao, Baguio City. After having been duly sworn to in accordance with the law, hereby depose and say: 1. That I personally know Mario Torres; 2. That last February 5, 2019, I was in my store; 3. That on or about 12:00 midnight of the same date, I saw Mario Torres walking; 4. That on the evening, Juan Miguel and Jun Miguel is already drunk and when they threw bottles; 5. That the bottles of beer hit the Mario Torres at the back of his leg causing superficial wound; 6. That I am executing this affidavit to attest to the truth of the foregoing statement and to support for the complaint filed by I WITNESS WHEREOF, I hereby affix my signature this 9th day of February 2019 in the Barangay Pinsao, City of Baguio, Philippines.

NENA CRUZ Affiant SUBSCRIBED AND SWORN TO before me this 9th day of February 2019, in the Barangay Pinsao, City of Baguio, Philippines and I further certify that I have personally examined the affiant and I convinced and satisfied that he voluntarily executed the foregoing Affidavit and understood all the contents hereof and that they are true and correct as to his own personal knowledge.

JET MATAAS SYA Notary Public Page 3 of 8

Doc. No. 25 Page No. 298 Book No. IX Series of 2019

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ANNEX “B” BAGUIO GENERAL HOSPITAL Baguio City, Benguet Philippines MEDICAL CERTIFICATE This is to certify that: Name of patient:

MARIO (First Name)

TORRES

(Last Name) Age: 18 y/o; Citizenship: Filipino

Gender: Male;

Status: Single

Occupation: student

Address: Zarate Village, located at Tacay Road, Barangay Pinsao Proper, Baguio City Was given a first aid at Baguio General Hospital under the service of Dr. Dy Lim during the period from February 5, 2019 inclusive with the following diagnosis including operation/s performed if any: Suffered slight physical injury or wounds on the back of his legs and will need 9 days to heal.

Dr. Dy Lim

February 5,

2019 Attending Physician Date/Time

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ANNEX “C” Republic of the Philippines National Police Commission Philippine National Police PINSAO POLICE STATION Baguio City, Benguet POLICE REPORT FEBRUARY 8, 2019 AN EXCERPT FROM THE DAILY RECORD OF EVENTS OF PINSAO POLICE STATION, DATED FEB. 5, 2019 ENTRY NO. 0130 and 0131 AS ENTERED UNTO THE BLOTTER BOOK BY PO3 BERNE GUTTER TIME: COMPLAINT : PARTICULAR (2:00 AM): Record: Entry No. 0130- Mario Torres together with his uncle Ramon Torres, arrived at the station reported to SPOI MERCEDEZ that he has received a wound on the back of his legs from bottles of beer thrown by Juan Miguel and Jun Miguel while walking near a sari-saris store in Zarate Village, Barangay Pinsao, Baguio City, Benguet. (3:00 AM): Departure: Entry No.0131- In connection with the preceding entry, PNP team led by SPO1 HIGANTE DAGUL together with SPO1 MERCEDEZ of PNCO left this station and proceeded to the place of incident to verify the veracity of said report and to conduct investigation. Page 6 of 8

Initial Investigation disclosed that on February 5, 2019, Juan Miguel had a drinking session with his cousin Jun Miguel. And at around 12:00 o’clock midnight, the suspects threw bottles of beer and hit the complainant in the back of his legs while walking, the incident of slight physical injury happen. Following items recovered from the crime scene to wit; broken glasses with some blood of the victim. Note: This copy was being reproduced from the original for whatever legal purpose it may serve Prepared by: PO3 BERNE GUTTER PNCO

VICENTE D. CARLOS JR. Police Superintendent Chief of Police

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ANNEX “D” Republic of the Philippines Province of Benguet City of Baguio Barangay Pinsao Proper Office of the Lupong Tagapamayapa

CERTIFICATION TO FILE ACTION

This is to certify that there had been a formal confrontation between complainant MARIO TORRES and respondent JUAN MIGUEL and JUN MIGUEL on February 13, 20 and 27, 2019 in connection with slight physical injuries case but did not arrive into conciliation or amicable settlement. Wherefore this certification is hereby issued for this case to be filed in the proper agency or court of law. This 1st day of March 2019 at Barangay PinsaoProper, Baguio City, Benguet, Philippines.

PEDRO DELA CRUZ Lupon Chairman

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