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Criminal Complaint

This document is a judicial complaint affidavit from Victoria Ang Pogis regarding a case of oral defamation against her neighbor Karla M. Bungangera. Victoria alleges that on two separate occasions, Karla shouted unfavorable and defamatory words at her in public, accusing her of stealing Karla's husband and always flirting with him. Victoria suffered emotional distress from Karla's actions and public statements. Victoria provided witness affidavits and is seeking moral damages of 100,000 Philippine pesos from Karla for the defamation. The fiscal attorney recorded Victoria's testimony in the affidavit.

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0% found this document useful (0 votes)
552 views12 pages

Criminal Complaint

This document is a judicial complaint affidavit from Victoria Ang Pogis regarding a case of oral defamation against her neighbor Karla M. Bungangera. Victoria alleges that on two separate occasions, Karla shouted unfavorable and defamatory words at her in public, accusing her of stealing Karla's husband and always flirting with him. Victoria suffered emotional distress from Karla's actions and public statements. Victoria provided witness affidavits and is seeking moral damages of 100,000 Philippine pesos from Karla for the defamation. The fiscal attorney recorded Victoria's testimony in the affidavit.

Uploaded by

Waylan Basungit
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Republic of the Philippines

REGIONAL TRIAL COURT


First Judicial Region
Branch 1
Baguio City


PEOPLE OF THE PHILIPPINES,
Plaintiff, CRIM. CASE No. 80688-00

-versus- FOR: ORAL DEFAMATION

KARLA M. BONGANGERA, Accused.
X- - - - - - - - - - - - - - - - - - - - - - - X

JUDICIAL COMPLAINT-AFFIDAVIT


I, VICTORIA ANG POGIS, 30 years old, single, residing at 61 Interior, New
Lucban, Baguio City after having been sworn to in accordance with the law do hereby
depose and state:

That Fiscal ANTONIO L. BASUNGIT JR. is the counsel who conducted and
supervised my examination as the complainant at his office at Provincial Prosecutors
Office, Baguio City, Philippines;

That I am answering the questions herein fully conscious that I do so under oath
and that I may be criminally liable for false testimony or perjury;

The following are the Questions propounded by Fiscal Antonio L. Basungit Jr.
and my answers in English language:

Q1: Do you swear to tell the truth and nothing but the truth?
A1: Yes Sir.

Q2: Are you the same Victor Ang Pogi, the private complainant in this case for
ORAL DEFAMATION as defined and penalized under Article 353 in relation to
Article 358 of the Revised Penal Code of the Philippines now pending before the
Regional Trial Court, Branch 1 of Baguio City, Philippines?
A2: Yes Sir.

Q3: What is your highest educational attainment?
A3: Graduate of the University of the Cordilleras of Bachelor of Science In
Accountancy and passed the board examination on June 15, 2005.

Q4: Do you personally know the accused in this case, Mrs Karla M. Bungangera?
A4: Yes Sir.

Q5: Can you tell us why you personally know Mrs Bungangera?
A5: She also lives Interior, New Lucban, Baguio City. She is our neighbor and their
house is just beside our house. We are friends since I was a child.

Q6: Where were you on February 10, 2014 at about 10:00 oclock in the morning?
A6: I was walking home at that time after I had visited my friend Jen Pong at 21
Interior, New Lucban, Baguio City.

Q7: Who was with you during that time you were walking home?
A7: I was with my other friend, June Mayor.

Q8: What transpired during that time?
A8: I was heading home at Irisan, Baguio City when I met my neighbor, KARLA M.
BUNGANGERA, who, without me saying anything, to my surprise intentionally
shouted (PUTA KA! INAGAW MO ASAWA KO, PALAGI KAYONG
NAGLALANDIAN SA ILALIM NG BAHAY NAMIN). You are a whore! You stole
my husband! You are always flirting with each other under our house. It was
uttered a lot of times and was heard by my neighbors and my friend June Mayor.

Q9: When she shouted at you, what did you do?
A9: I didnt do anything Sir. I could not do anything.

Q10: What did your friend June Mayor do?
A10: He did nothing too. We both could do nothing.

Q11: Why do you say that you couldnt do anything?
A11: Because I was in the state of shock and she was very angry.

Q12: Why do you say that she was angry during that time?
A12: Because when he got out of their house, he was swearing and he seemed to be
pissed off of something.

Q13: Was Karla Bungangera drunk at that time?
A13: No Sir. She didnt smell or look like she was drunk.

Q14: Can you tell us if she has any other intention why she uttered those words?
A14: The statement was uttered by Karla M. Bungangera publicly and clearly
prompted not by any sense of moral duty but by personal ill-will, spite and/or
malice with the object of destroying my reputation and discrediting and ridiculing
me as an individual before the bar of public opinion and contempt.

Q15: Why do you say that such utterances of those words are for that intention?
A15: Because her husband was my lover when they are not yet married and when her
husband was drunk at the evening of December 25, 2013, he shouted that he still
love me which Mrs Karla Bungangera and our neighbors also heard.

Q16: Aside from the incident that happened last February 10, 2014, was there any
other incident of shouting unfavourable words at you?
A16: Yes Sir.
.
Q17: Can you tell us what happened and when it happened?
A17: On January 11, 2014 more or less 3:00 o clock in the afternoon, in front of the
Barangay Hall of New Lucban, Baguio City. While I was passing by the Barangay
Hall, I saw Karla M. Bungangera came out from Barangay Hall. She walk towards
me and told me that (lubayan mo ang asawa ko, at lumipat ka na sa ibang
lugar) stay away from my husband, and move to another place.

Q18: What did you do?
A18: I tried to calm myself and left the scene with a humiliated face.

Q19: Did anybody see the incident?
A19: Yes Sir, our Barangay Captain Monkey D. Luffy.

Q20: What did Mr Luffy do?
A20: She shouted at Mrs Bungangera and told her to stop?

Q21: What did Mrs Bungangera do when Captain Luffy told her to stop?
A21: He just laughed and said in ilocano words to quote nagatel ka nga babae. Then
she left.

Q22: What did you do then?
A22: I left the scene and went home.

Q23: And then, what happened next?
A23: When I got home I told my mother about the incident and then we reported the
incident to police Station 7 in Baguio City.

Q24: Do you have any proof of all your allegations?
A24: I have my witnesses Sir, my friend June Mayor and Captain Luffy.

Q25: Do you have their affidavit to support your allegations?
A25: Yes, Sir, I have.

Q26: Is this the affidavits you are speaking of?
A26: Yes, Sir.

Attached to this Judicial Affidavit is an original copy of the affidavit of June
Mayor and Captain Luffy marked as Exhibit A and B respectively.

Q27: Are there any effect of the utterance of those words by Mrs Karla Bungangera on
February 10 and 11, 2014?
A27: Yes Sir. The ill-effects of the malicious utterances are shown by the negative
responses that I have received from my neighbors, especially my friends and
family, expressing belief in accused baseless allegations as shameful, heinous
and unequivocally barbaric-all to my damage and prejudice;

Q28: is that all?
A28: That by reason of the foregoing, I suffered sleepless nights, wounded feelings,
moral and social embarrassment which accused should compensate by way of
moral damages which is the natural, proximate and necessary result of the
malicious utterance in the amount of not less than One Hundred Thousand
Pesos (Php100,000.00).

Q29: is there anything else you want to say or add to your statement Miss Pogis?
A29: None Sir.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 14th day of
February 2014 at Baguio City, Philippines.


VICTORIA POGIS
Private Complainant

SUBSCRIBED AND SWORN to before me this 14
th
day of February 2014 at
Butuan City, Philippines.


ANTONIO L. BASUNGIT JR.
Asst. Provincial Prosecutor
Detailed PPO-Baguio City
MCLE Compliance No. IV 000000
Officer-in-Charge

ATTESTATION OF COUNSEL


I, ANTONIO L. BASUNGIT JR., Asst. Provincial Prosecutor, Detailed PPO-
Baguio City, Philippines, after having been sworn to in accordance with the law do
hereby depose and say:

1. That I have faithfully recorded or caused to be recorded the questions I asked
and the corresponding answers that complainant, Victoria Pogis, gave;

2. That I have not, nor any other person present or assisting coached the witness
regarding the witness answers; and

3. That I fully understand that any false attestation shall subject me to disciplinary
action, including disbarment.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 14
th
day of
February 2014 Baguio City, Philippines.




ANTONIO L. BASUNGIT JR.
Counsel for the State




SUBSCRIBED AND SWORN to before me this 14
th
day of February 2014 at
Butuan City, Philippines.




ATTY. LAIRD DIO URBANOZO
Public Attorney IV
Public Attorneys Office
Baguio City
MCLE Compliance No. IV 000000
Officer-in-Charge

















Republic of the Philippines
REGIONAL TRIAL COURT
First Judicial Region
Branch 1
Baguio City


PEOPLE OF THE PHILIPPINES,
Plaintiff, CRIM. CASE No. 80688-20

-versus- FOR: RAPE

JESSIE D. HEARTTHROB, Accused.
X- - - - - - - - - - - - - - - - - - - - - - - X

JUDICIAL COMPLAINT-AFFIDAVIT

I, JESSA F. SEXY, 11 years old, single, residing at 62 Interior, New Lucban,
Baguio City after having been sworn to in accordance with the law do hereby depose
and state:

That Fiscal ANTONIO L. BASUNGIT JR. is the counsel who conducted and
supervised my examination as the complainant at his office at Provincial Prosecutors
Office, Baguio City, Philippines;

That I am answering the questions herein fully conscious that I do so under oath
and that I may be criminally liable for false testimony or perjury;

The following are the Questions propounded by Fiscal Antonio L. Basungit Jr.
and my answers in English language:

Q1: Do you swear to tell the truth and nothing but the truth?
A1: Yes Sir.

Q2: Are you the same JESSA F. SEXY, the private complainant in this case for
RAPE as defined and penalized under the Revised Penal Code of the Philippines
now pending before the Regional Trial Court, Branch 1 of Baguio City,
Philippines?
A2: Yes Sir.

Q3: What is your highest educational attainment?
A3: I am still in grade 5 elementary education.

Q4: Do you personally know the accused in this case, Mr Jessie D. Heartthrob?
A4: Yes Sir.

Q5: Can you tell us why you personally know Mr Heartrob?
A5: She also lives Interior, New Lucban, Baguio City. He is our neighbor and their
house is just beside our house.

Q6: Where were you on February 12, 2014 at about 8:00 oclock in the evening?
A6: I was walking home at that time after I had visited my friend Jen Pongit at 22
Interior, New Lucban, Baguio City.

Q7: Who was with you during that time you were walking home?
A7: I was alone.

Q8: What transpired during that time?
A8: I heard the accused whistle for me and that I went to the accused, thinking that
he was going to send me on an errand, whereupon, the accused brought me
near a bench in the yard, and told me to remove my underwear, otherwise he
would kill me;

Q9: When she told you that, what did you do?
A9: I didnt do anything Sir. I could not do anything.

Q10: Why do you say that you couldnt do anything?
A10: Because I was so afraid and he was pointing a knife to my chest.

Q11: Was Jessie D. Heartthrob drunk at that time?
A11: No Sir. She didnt smell or look like she was drunk.

Q12: What happened next?
A12: That the accused then embraced me, pulled out his penis and inserted his penis
into my vagina. The accused also prompted to wrap my legs around his
midsection. All the while, the accused kept on threatening me that (Sasaktan
kita kung papalag ka o kung isusumbong mo ito kahit kanino) I will hurt you if
you resist or if you tell anyone about this.

Q13: What happened next?
A13: That while in this position, my mother, JESSICA F. SEXY, saw what was being
done to me, whereupon, the accused upon seeing my mother, put me down and
grabbed a piece of wood, telling my mother that he was trying to kill some rats.

Q14: What did your mother do after that?
A14: My mother got angry and she pulled me inside the house and spanked me so
that I would tell the truth about what was going on.

Q15: Did you tell your mother the truth?
A15: Yes Sir.

Q16: What happened next?
A16: I was brought by my mother to the Baguio General Hospital where I was
physically examined, and after which, members of the local police asked me
some questions about the incident.

Q17: Do you have any proof of all your allegations?
A17: I have my witnesses Sir, my mother, Jessica F. Sexy.

Q18: Do you have any medical certificate to support your allegations?
A18: Yes, Sir, I have.

Attached to this Judicial Affidavit is an original copy of the medical
certificate marked as Exhibit A.

Q19: Based on this medical certificate you are showing to us that you are sexually
abused?
A19: Yes, Sir, I was actually incapable to join my classes at Magsaysay Elementary
School for more than a week due to the pain that I suffered. The next day after
the incident I had bruises and it was absolutely difficult for me to stand.

Q20: Who issued this medical certificate?
A20: It was Dr Carla H. Hipo, Medical Officer III at Baguio General Hospital.
Q21: Whose signature is this in the medical certificate?
A22: My doctor, Sir, Dr. Carla H. Hipo.

Q22: Why did you say that it was Dr. Hipo who signed it?
A22: Because I was in front of her when she signed the medical certificate.

Q23: Do you have anything else to say, Ms Sexy?
A23: None Sir.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 14th day of
February 2014 at Baguio City, Philippines.



JESSA F. SEXY
Private Complainant


SUBSCRIBED AND SWORN to before me this 14
th
day of February 2014 at
Butuan City, Philippines.



ANTONIO L. BASUNGIT JR.
Asst. Provincial Prosecutor
Detailed PPO-Baguio City
MCLE Compliance No. IV 000000
Officer-in-Charge






























ATTESTATION OF COUNSEL


I, ANTONIO L. BASUNGIT JR., Asst. Provincial Prosecutor, Detailed PPO-
Baguio City, Philippines, after having been sworn to in accordance with the law do
hereby depose and say:

1. That I have faithfully recorded or caused to be recorded the questions I asked
and the corresponding answers that complainant, Victoria Pogis, gave;

2. That I have not, nor any other person present or assisting coached the witness
regarding the witness answers; and

3. That I fully understand that any false attestation shall subject me to disciplinary
action, including disbarment.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 14
th
day of
February 2014 Baguio City, Philippines.




ANTONIO L. BASUNGIT JR.
Counsel for the State




SUBSCRIBED AND SWORN to before me this 14
th
day of February 2014 at
Butuan City, Philippines.




ATTY. LAIRD DIO URBANOZO
Public Attorney IV
Public Attorneys Office
Baguio City
MCLE Compliance No. IV 000000
Officer-in-Charge
















Republic of the Philippines
REGIONAL TRIAL COURT
First Judicial Region
Branch 1
Baguio City


PEOPLE OF THE PHILIPPINES,
Plaintiff, CRIM. CASE No. 80688-22

-versus- FOR: MURDER

JACK D. RIPPER, KEN D. RIPPER AND
JOHN D. RIPPER, Accused.
X- - - - - - - - - - - - - - - - - - - - - - - X

JUDICIAL COMPLAINT-AFFIDAVIT

I, MAYA D. MOYO, 35 years old, married, residing at 66 Interior, New Lucban,
Baguio City after having been sworn to in accordance with the law do hereby depose
and state:

That Fiscal ANTONIO L. BASUNGIT JR. is the counsel who conducted and
supervised my examination as the complainant at his office at Provincial Prosecutors
Office, Baguio City, Philippines;

That I am answering the questions herein fully conscious that I do so under oath
and that I may be criminally liable for false testimony or perjury;

The following are the Questions propounded by Fiscal Antonio L. Basungit Jr.
and my answers in English language:

Q1: Do you swear to tell the truth and nothing but the truth?
A1: Yes Sir.

Q2: Are you the same Maya D. Moyo, the private complainant in this case for
MURDER as defined and penalized under the Revised Penal Code of the
Philippines now pending before the Regional Trial Court, Branch 1 of Baguio
City, Philippines?
A2: Yes Sir.

Q3: What is your highest educational attainment?
A3: Graduate of the University of the Cordilleras of Bachelor of Science In
Engineering and passed the board examination on June 15, 2003.

Q4: Do you personally know the three accused in this case, Mr Jack D. Ripper, Ken
D. Ripper, and John D. Ripper?
A4: Yes Sir.

Q5: Can you tell us why you personally know them?
A5: They also live in Interior, New Lucban, Baguio City. They are brothers and our
neighbor, their houses are just beside our house.

Q6: Where were you on February 11, 2014 at about 9:00 oclock in the evening?
A6: I was walking home at that time after I had visited my friend Jen Pongit at 22
Interior, New Lucban, Baguio City.

Q7: Who was with you during that time you were walking home?
A7: My husband.

Q8: What transpired during that time?
A8: We were peacefully walking and minding our business when the three accused
having a drinking session in the Supsupan store started to shout and heckle at
me and my husband for no apparent reason.

Q9: What did you do?
A9: My husband wanted to speak his mind but I convinced him to walk away as there
were three of them and he could not fight them alone.

Q10: What happened next?
A10: While we were walking away, their oldest brother, Jack D. Ripper, shouted
(huwag mo kaming talikuran, hindi porke kasama mo asawa mo e aatrasan ka
namin) Dont turn your back on us, Dont think that just because youre with
your wife that we will back down;

Q11: What did you and husband do?
A11: we were trying to get away from the store in order to avoid trouble, two of the
brothers of JACK D. RIPPER, namely KEN D. RIPPER, and JOHN D. RIPPER
held my husband so as to prevent him from fighting back and they kept on
pushing me away as I was trying to help my husband which consequently caused
me to lose my balance and fall down on the pavement, breaking my ankle and
leaving me incapacitated.

Q12: What happened next?
A12: That the accused then embraced me, pulled out his penis and inserted his penis
into my vagina. The accused also prompted to wrap my legs around his
midsection. All the while, the accused kept on threatening me that (Sasaktan
kita kung papalag ka o kung isusumbong mo ito kahit kanino) I will hurt you if
you resist or if you tell anyone about this.

Q13: What happened next?
A13: I was helpless to help my husband and while he was struggling to break free,
KEN D. RIPPER said to JACK D. RIPPER, banatan mo na to para din a
pumalag, and then I saw JOHN D. RIPPER hand over a knife to JACK D.
RIPPER which he used to repeatedly stab my husband which he then passed on
to KEN D. RIPPER and JOHN D. RIPPER, both of whom continued stabbing my
husband until he was already unable to move.

Q14: What did you do then?
A14: While they were stabbing my husband I was shouting frantically for help from
anyone nearby to which some barangay tanods came to the rescue which
caused the group of JACK D. RIPPER to flee the scene.

Q15: What happened next?
A15: The tanods brought us to Baguio General Hospital where we were physically
examined, and after which the Dr. said that my husband was dead on arrival. The
members of the local police asked me some questions about the incident.

Q16: Do you have any proof of all your allegations?
A16: I have my witness Sir, the supsupan store owner, Jed a. Artekero.

Q17: Do you have any medical certificate to support your allegations?
A17: Yes, Sir, I have.

Attached to this Judicial Affidavit is an original copy of the medical
certificate marked as Exhibit A.

Q18: Based on this medical certificate you are showing to us that my husband suffered
from multiple stab wound which led to his immediate death?
A18: Yes, Sir.

Q19: Who issued this medical certificate?
A19: It was Dr MARK S. TINUK, Medical Officer III at Baguio General Hospital.

Q20: Whose signature is this in the medical certificate?
A20: My doctor, Maam, Dr. MARK S. TINUK.

Q21: Why did you say that it was Dr. Hipo who signed it?
A21: Because I was in front of hIm when she signed the medical certificate.

Q22: Do you have anything else to say, Ms Moyo?
A22: None Sir.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 14th day of
February 2014 at Baguio City, Philippines.



MAYA D. MOYO
Private Complainant


SUBSCRIBED AND SWORN to before me this 14
th
day of February 2014 at
Butuan City, Philippines.



ANTONIO L. BASUNGIT JR.
Asst. Provincial Prosecutor
Detailed PPO-Baguio City
MCLE Compliance No. IV 000000
Officer-in-Charge



















ATTESTATION OF COUNSEL


I, ANTONIO L. BASUNGIT JR., Asst. Provincial Prosecutor, Detailed PPO-
Baguio City, Philippines, after having been sworn to in accordance with the law do
hereby depose and say:

1. That I have faithfully recorded or caused to be recorded the questions I asked
and the corresponding answers that complainant, MAYA MOYO, gave;

2. That I have not, nor any other person present or assisting coached the witness
regarding the witness answers; and

3. That I fully understand that any false attestation shall subject me to disciplinary
action, including disbarment.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 14
th
day of
February 2014 Baguio City, Philippines.




ANTONIO L. BASUNGIT JR.
Counsel for the State




SUBSCRIBED AND SWORN to before me this 14
th
day of February 2014 at
Butuan City, Philippines.




ATTY. LAIRD DIO URBANOZO
Public Attorney IV
Public Attorneys Office
Baguio City
MCLE Compliance No. IV 000000
Officer-in-Charge

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