Judicial Affidavit of Mike D. Lopez (IN CRIMINAL CASE NO. 2017-022)
Judicial Affidavit of Mike D. Lopez (IN CRIMINAL CASE NO. 2017-022)
Judicial Affidavit of Mike D. Lopez (IN CRIMINAL CASE NO. 2017-022)
This affidavit is executed to constitute as direct testimony in the instant case. The examination was conducted by Atty. RICKY J.
GARCIA, counsel for Petitioner. The witness is made aware that he is answering the questions asked fully conscious that he does
so under oath, under pain of perjury or false testimony.
The herein testimony is offered to prove that he is the store owner where the victim/complainant of the mauling incident at Brgy.
Kauswagan, Cagayan de Oro City have their drinking session; that he is authorized to testify in the extant proceedings about his
personal knowledge on the events that took place contained in the complaint and other relevant facts.
Q1. Please state your name, age, status, educational attainment and other personal circumstances?
A1. I am Beth Logan, a Filipino citizen, of legal age, married, and a resident of Kauswagan, Cagayan de Oro City.
Q7. Was there any particular incident on the night of the incident that caught your attention?
A7. Yes. On or about 2:30 in the morning, the complainant and the accused, with their friends, were drinking in my store when
suddenly the accused started shouting at the complainant. He even tried to launch an attack with a bottle. When the complainant
tried to calm down the accused, the accused suddenly punched the complainant and mauled him. The other friends tried to stop
the accused but failed to do so. Thats when I stepped in and helped the said friends to stop the accused and calm him down. I
was so angry with the commotion that they started because it startled my customers. I immediately asked them to leave the
premises by threatening to call the barangay tanod to report the incident.
IN WITNESS WHEREOF, I have hereunto set my hand this 30th of May 2017 in Cagayan de Oro City, Philippines.
ATTESTATION
In compliance with Sec. 4 of A.M. 12-8-8 SC of the Supreme Court, I hereby personally attest, that: I faithfully
recorded and caused to be recorded the questions asked and the corresponding answers of the witness during the examination and
that neither I nor any other person then present or assisting the witness coached him in giving his answers.
MARIBETH LOGAN
Affiant
SUBSCRIBED AND SWORN to before me this 30th of May 2017 in Cagayan de Oro City, Philippines. The affiant exhibited to
me his SSS ID No. 12345, issued on January 30, 2017.
RICKY J. GARCIA
Senior Deputy. City Prosecutor
MCLE Compliance No. 0000974;
10/11/17
Doc. No. 1
Page No. 2
Book No. III
Series of 2017.
OPERATION/S PERFORMED:________________________________________________
EABLE DISABILITY / RECOVERY PERIOD: 1 week barring complications_______________
REMARKS:______________________________________________________________
CERTIFIED UPON THE REQUEST OF: The above-name patient for case filing__________
MEDICAL CERTTIFICATE ISSUED
________________________
NC_____________________ Dr. MIKE MALITBOG
MEDICAL OFFICER III
HAZEL CARDONA
ADMINISTRATIVE AIDE III
-versus- FOR:
INFORMATION
The undersigned Assistant City Prosecutor accuses Pepe B. Bisanglot of the crime of SLIGHT PHYSICAL, committed
as follows:
That on May 16, 2017, around 2:30 oclock dawn while at a store near the Barangay Hall, Brgy
Kauswagan, Cagayan de Oro City, Philippines, and within the jurisdiction of this Honorable Court, the
above-named, accused, did then and there willfully, unlawfully and feloniously inflict physical injuries upon
the offended party, Marvin Mendoza Sobersibo, by mauling and punching the latter in the face thereby
resulting to multiple physical injuries secondary to mauling, which injuries may heal within one (1) week
barring complications that incapacitate the offended party for labor for one (1) to nine (9) days or require
medical attendance for the same period, to the damage and prejudice of the said offended party.
Contrary to and in violation of Article 266, No. 1 paragraph of the Revised Penal Code.
APPROVED:
GREGORIO L. MACAUYAG
City Prosecutor
MCLE Compliance No. V-0000974;
10/11/17
Witnesses:
Marvin Mendoza Sobersibo, Complainant - Opol, Misamis Oriental
Beth Logan, Store Owner- Kauswagan Road., Cagayan de Oro City
Dr. Mike Malitbog, Attending physician JR Borja General Hospital, Brgy. Carmen, Cagayan de Oro City
This affidavit is executed to constitute as direct testimony in the instant case. The examination was conducted by Atty. RICKY J.
GARCIA, counsel for Petitioner. The witness is made aware that he is answering the questions asked fully conscious that he does
so under oath, under pain of perjury or false testimony.
The herein testimony is offered to prove that he is the doctor that treated the victim/complainant of the mauling incident at Brgy.
Kauswagan, Cagayan de Oro City; that he is authorized to testify in the extant proceedings about his knowledge as the doctor
who treated the complainant. He will also identify pertinent documents.
Q1. Please state your name, age, status, educational attainment and other personal circumstances?
A1. I am Dr. Mike Malitbog, a Filipino citizen, of legal age, married, a doctor of medicine, and a resident of Barangay Carmen,
Cagayan de Oro City.
Q4. What did you notice or your findings about the condition of the complainant?
A4. The complainant suffered contusion, also known as bruise in his left eye, in his back, and legs, and a heavy blow on the
nasal bridge of the nose that final prognosis is a damaged nasal cartilage of the anterior nasal cavity. He also suffered abrasions in
his knees and arms.
Q6. After treating the complainant, did you issue any document that could prove that the complainant went in your clinic and
asked for medical attention?
A6. Yes. I issued a medico-legal in favor of the complainant.
Q7. If this said medico legal is shown to you, would you be able to identify the same?
A7. yes
IN WITNESS WHEREOF, I have hereunto set my hand this 30th of May 2017 in Cagayan de Oro City, Philippines.
ATTESTATION
In compliance with Sec. 4 of A.M. 12-8-8 SC of the Supreme Court, I hereby personally attest, that: I faithfully
recorded and caused to be recorded the questions asked and the corresponding answers of the witness during the examination and
that neither I nor any other person then present or assisting the witness coached him in giving his answers.
RICKY J. GARCIA
Senior Deputy. City Prosecutor
MCLE Compliance No. 0000974;
10/11/17
MIKE MALITBOG, M.D.
Affiant
SUBSCRIBED AND SWORN to before me this 30th of May 2017 in Cagayan de Oro City, Philippines. The affiant exhibited to
me his PRC ID No. 12345, issued on January 25, 2017.
RICKY J. GARCIA
Senior Deputy. City Prosecutor
MCLE Compliance No. 0000974;
10/11/17
Doc. No. 1
Page No. 2
Book No. III
Series of 2017.
This affidavit is executed to constitute as direct testimony in the instant case. The examination was conducted by Atty. Ricky J.
Garcia, counsel for Petitioner. The witness is made aware that he is answering the questions asked fully conscious that he does
so under oath, under pain of perjury or false testimony.
The herein testimony is offered to prove that he is the offended party/ victim of the said mauling incident at Brgy. Kauswagan,
Cagayan de Oro; that he is authorized to testify in the extant proceedings about his knowledge on the events that took place
contained in the complaint; he will also identify pertinent documents, all in support of the reliefs prayed for in the complaint.
His testimony is also offered to prove other relevant facts.
Q1. Please state your name, age, status, educational attainment and other personal circumstances?
A1. I am Marvin Mendoza Sobersibo, of legal age, Filipino, Married, and a resident of Opol, Misamis Oriental. I am a college
undergraduate and an employee of MicroTrading Corp. of Cagayan de Oro.
Q4. What were you doing on that particular time and place?
A4. I was out with my friends, the accused included. We were at the Barangay Hall of Kauswagan, Cagayan de Oro City having
drinks.
Q5. Was there any unusual incident that occurred on May 16, 2017?
A5. Yes, there was.
Q9. After the incident, did you seek for medical intervention?
A9. Yes, in the morning of May 16, 2017, at around 6:00 am, I went to the J.R. Borja General Hospitals in Carmen, Cagayan de
Oro City to seek for medical intervention. From the time of the incident, I needed to take rest from the nights activity and
recuperate before having myself check by a medical consultant. I would also like to emphasize that the injuries that I sustained
made it hard for my mobility. I had to ask assistance from my family to accompany me in going to the hospital.
Q12. Will you be able to identify the accused inside this court room?
A12. Yes.
IN WITNESS WHEREOF, I have hereunto set my hand this 26th of May in Cagayan de Oro City, Philippines.
SUBSCRIBED AND SWORN to before me this 26th of May 2017 in Cagayan de Oro City, Philippines. The affiant exhibited to
me his ID No. 12345, issued on January 1, 2015.
Doc. No. 1
Page No. 2
Book No. III
Series of 2017.
ATTESTATION
In compliance with Sec. 4 of A.M. 12-8-8 SC of the Supreme Court, I hereby personally attest, that: I faithfully
recorded and caused to be recorded the questions asked and the corresponding answers of the witness during the examination and
that neither I nor any other person then present or assisting the witness coached him in giving his answers.
RICKY J. GARCIA
Senior Deputy. City Prosecutor
MCLE Compliance No. 0000974;
10/11/17
SUBSCRIBED AND SWORN TO BEFORE ME THIS 26th of May 2017 in Cagayan de Oro City, Philippines. The affiant
exhibited to me his IBP ID No. 88888.
Doc. No. 2
Page No. 2
Book No. III
Series of 2017.