Judicial Affidavit of Mike D. Lopez (IN CRIMINAL CASE NO. 2017-022)

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Republic of the Philippines )

City of Cagayan de Oro ) s.s.

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.

Q2. What do you do for livelihood?


A.2 I am an owner of a store which sells alcoholic drinks.

Q3. Where is your store located?


A3. It is located at 123 Kauswagan Raod, near Barangay Hall of Kauswagan.

Q4. Do you know the complainant?


A4. Yes. He is a frequent customer. He usually drinks with his friends, including the accused, in the store.

Q5. So you know the accused?


Q5. Yes

Q6. Where were you on the night of May 16, 2017?


A6. I was in my store attending to my customers.

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.

Q8. What did you do after?


A8. I told the group to go home and emphasized that the complainant should seek medical attention. He was badly hurt and there
was plenty of blood around because his nose was broken and his right arm was badly bruised.

Q9. Do you have anything more to say?


A9. None as of the moment, sir.

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.

Cagayan de Oro City, Philippines, on 30th of May 2017.


RICKY J. GARCIA
Senior Deputy. City Prosecutor
MCLE Compliance No. 0000974;
10/11/17

MARIBETH LOGAN
Affiant

REPUBLIC OF THE PHILIPPINES


CAGAYAN DE ORO CITY )S.S

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.

J. Seria St, Cagayan de Oro


Misamis Oriental, PHILIPPINES 9000
Admin Office (085)858-4681
Emergency Office (088)858-2232
eMail address: [email protected]

MEDICAL CERTIFICATE Date: May 16, 2017


This is to certify that the person named herein has a following record of confinement/medical consultation and
confinement in this hospital.
NAME: MARVIN MENDOZA SOBERSIBO AGE: 34 Years/ Old SEX: MALE
ADDRESS: CAMINGAWAN, PATAG, OPOL, MISAMIS ORIENTAL 9016
CITIZENSHIP: FILIPINO__________________________ STATUS: MARRIED_________________________
RELIGION: ROMAN CATHOLIC_______________
BLAH BLAH NUMBER
(In-Patient)__________________________ PERIOD OF CONFINEMENT:_________________________
(Out-Patient)383588 ML 2017300052____ DATE OF CONSULTATION: 05/16/2017________________
DIAGNOSES:
Multiple physical injuries secondary to mauling

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

CERTIFIED OFFICER PER RECORD

HAZEL CARDONA
ADMINISTRATIVE AIDE III

Republic of the Philippines


MUNICIPAL TRIAL COURT IN CITIES
Cagayan de Oro City
Branch 4

PEOPLE OF THE PHILIPPINES, CRIMINAL CASE NO. 2017-002


Plaintiff, NPS NO. X-06-INQ-17E-0733A

-versus- FOR:

PEPE BISANGLOT SLIGHT PHYSICAL INJURIES


(Kauswagan, CDOC)
Accused.
x-----------------------------------------------x

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.

Cagayan de Oro City, June 1, 2017


RICKY J. GARCIA
Senior Deputy. City Prosecutor
MCLE Compliance No. 0000974;
10/11/17

APPROVED:

GREGORIO L. MACAUYAG
City Prosecutor
MCLE Compliance No. V-0000974;
10/11/17

BAIL NOT REQUIRED

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

Republic of the Philippines )


City of Cagayan de Oro ) s.s.

JUDICIAL AFFIDAVIT OF MIKE D. MALITBOG, M.D.


(IN CRIMINAL CASE NO. 1234)

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.

Q2. What do you do for livelihood?


A.2 I am a medical practitioner, a doctor of medicine in particular. I am an attending doctor at JR Borja General Hospital in
Barangay Carmen, Cagayan de Oro City

Q3. Do you know the complainant?


A3. Yes, the complainant sought medical attention in my clinic in the morning May 16, 2017 at around 6:30 am.

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.

Q5. What did you do after?


A5. I treated the complainant.

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

Q8. Do you have anything more to say?


A8. None as of the moment, sir.

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.

Cagayan de Oro City, Philippines, on 30th of May 2017.

RICKY J. GARCIA
Senior Deputy. City Prosecutor
MCLE Compliance No. 0000974;
10/11/17
MIKE MALITBOG, M.D.
Affiant

REPUBLIC OF THE PHILIPPINES


CAGAYAN DE ORO CITY )S.S

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.

Republic of the Philippines )


City of Cagayan de Oro ) s.s.

JUDICIAL AFFIDAVIT OF MARVIN MENDOZA SOBERSIBO


(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 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.

Q2. Do you know the accused?


A2. Yes, the accused and I have been working together in the same the same company for 3 years.

Q3. Where were you on May 16, 2017 at 2:30 at dawn?


A3. I was at a makeshift store in front of the Barangay Hall of Kauswagan, Cagayan de Oro City.

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.

Q6. What was that unusual incident that occurred?


A6. The group was just unwinding after long days work. We were casually talking about random topics about our experiences.
There was nothing in particular when all of a sudden, the accused changed his mood and started raising his voice. His attention
was directed towards me. When I asked him the reason for the change of mood, he immediately launched toward me with a
bottle. I was surprised of his reaction and stepped back to avoid him. He was suddenly hysterical and started shouting at
everyone, not just with our group but all other passers by. When I approached and tried to calm him down, thats when he lost
himself and struck a punch directly to my face. I do not have any history of violence and physical altercations. I never had a
chance to defend myself and he never stopped there. He repeatedly took blows and mauled me without any hesitations. It was
only a few seconds but I felt it to be very long and excruciating.

Q7. Did you report the incident to the police?


A7. Yes, I did. I initially reported the incident to the barangay authorities, and immediately proceeded to the nearest police station
at to report the incident.

Q8. Do you have a copy of the police report?


A8. Unfortunately, I do not have the copy of the police report.

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.

Q10. Do you have a copy of your medical certificate?


A10. Yes. I have a copy of the medical certificate which was issued on May 16, 2017, herein attached with this Judicial-
Affidavit. The diagnosis states I sustained multiple physical injuries secondary to mauling which incapacitated me to work and
engage in any physical activities for at least a week.

Q11. Do you have grudges against the accused?


A11. No. He was a good friend. We had healthy competition at work place but thats only it. I cant find in myself to have a
grudge against the accused for we have been working for more than 3 years. He is my supervisor and I have always tried to
follow his instructions.

Q12. Will you be able to identify the accused inside this court room?
A12. Yes.

Q13. Do you have anything more to say?


A13. None as of the moment, sir.

IN WITNESS WHEREOF, I have hereunto set my hand this 26th of May in Cagayan de Oro City, Philippines.

MARVIN MENDOZA SOBERSIBO


Affiant

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.

Cagayan de Oro City, Philippines, on May 26, 2017.

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.

ATTY. JOHN SNOW


Counsel for Applicant/Petitioner
SNOW LAW OFFICE
69 Cruz Taal St.,
Cagayan de Oro City
PTR No. 23456; 01-02-15
IBPOR No. 12345; 01-03-15
Both issued at Cagayan de Oro City
Roll No. 777777
MCLE Compliance No. IV-0012423
January 2, 2017

Doc. No. 2
Page No. 2
Book No. III
Series of 2017.

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