Stories in The Court

Stories in the Court
Neighbors Neighbors
Why do you plow my farm?
Your are disturbing those spirits
that are resting on that ground.
Page 1
REPUBLIC OF THE PHILIPPINES

FIRST JUDICIAL REGION
MUNICIPAL TRIAL COURT
DALUPIRI ISLAND, CAGAYAN PROVINCE
PEOPLE OF THE PHILIPPINES,

Plaintiff, Criminal Case No. 8455
- versus - for
SUNTOK AGAWBUKID, SLIGHT PHYSICAL INJURIES

Accused.
Address: Brgy Kataltalonan,
Dalupiri Island, Cagayan Province.
x--------------------------------x
CRIMINAL COMPLAINT
The undersigned Complaint/Offended party, after sworn to in accordance with

law, accuses SUNTOK AGAWBUKID of the Crime of SLIGHT INJURIES, committed
fellow;
That on the 25th day of June 2002 at Brgy Kataltalonan, Dalupiri Island,
Cagayan Province and within the jurisdiction of this Honorable Court, the above-
named accused without any justifiable reason/cause then and there willfully, unlawfully
and feloniously attacked/assault one May Samurai, hit/box with fist blow ones hitting
on the right face using to suffered sever pain, which requires a medical attendance for
more or less nine (9) days, which incapacitated the undersigned complainant to her
customary labor a period of same time, to the damage and prejudice of the
complainant.
Contrary to the law.
Dalupiri Island, Cagayan Province, August 21, 2002.
(SGD) MRS. MAY SAMURAI

Complainant
WITNESS:
1. Mrs. May Samurai, Brgy Kataltalonan, Dalupiri Island, Cagayan Province.
Page 2
2. Mrs. Hipag Samurai, Brgy Kataltalonan, Dalupiri Island, Cagayan

Province.
3. Others.
SUBSCRIBED AND SWORN to before me this 30th day of August 2002 at

(SGD) HON. JUDGE TESS FOROL

Municipal Trial Judge
RECEIVED AND FILED this 30th day of August 2002.
(SGD) GANDA MANGASIWA

(Clerk of Court)
Page 3

PROVINCE OF CAGAYAN
MUNICIPALITY OF DALUPIRI ISLAND
BARANGAY KATALTALONAN
OFFICE OF THE LUPONG TAGAPAMAYAPA
May Samurai Barangay Case No. 19-S-2002

Complainant For: Threats and Physical Injuries
- Against -
Suntok Agawbukid,
Tatang Agawbukid,
Sugsog Agawbukid,
Respondents.
SUMMONS
TO: Suntok Agawbukid RECEIVED: (SIGNED)

Tatang Agawbukid RECEIVED: (SIGNED)
Sugsog Agawbukid RECEIVED: (SIGNED)
RESPONDENTS
You are hereby summoned to appear before me in person, together with your
witness, on the 30th day of July, 2002 at 10:00 AM o'clock in the morning, afternoon,
then and there to answer to a complaint made before me, copy of which is attached
hereto, for mediation/conciliation of your dispute with complaint/s.
You are hereby warned that if you refuse or willfully fail to appear in
obedience to this summons, you may be bared from filing any counterclaim arising
from said complaint.
FAIL NOT or else face punishment as for contempt of court.
This 31th day of July 2002.
(SGD) NAKA TUGAW

Punong Barangay/Pangkat Chairman
Page 4

PROVINCE OF CAGAYAN PROVINCE
MRS. MAY SAMURAI, Barangay Case No. 19-S-2002

Complainant For: Threats and Physical Injuries
- Against -
SUNTOK AGAWBUKID,
TATANG AGAWBUKID,
SUGSOG AGAWBUKID,
Respondents.
TO: Suntok Agawbukid

Tatang Agawbukid
Sugsog Agawbukid
COMPLAINT
I hereby complaint against the above named respondents for violating my/our
rights in the following manner:
Siak ni MAY SAMURAI immayak agreklamo pang-gep ti panangdanog da

kaniak ken panangpangta da kanyak.
Tapno adda talked daytoy nga kasuratan agperma ak ditoy baba na.
THEREFORE, I/WE pray that the following relief/s be granted to me/us in

accordance with law and/or equity:
Made this 31th day of July 2002.
(SGD) MAY SAMURAI

Complaint/s
Received and filed this 31th day of July 2002.
(SGD) NAKA TUGAW

Barangay Captain/LC
Page 5

PROVINCE OF CAGAYAN PROVINCE
May Samurai Barangay Case No. 17-S-2002

complainant/s for Threats and Physical Injuries
- against -
Suntok Agawbukid,
Tatang Agawbukid,
Sugsog Agawbukid
Respondent/s.
CERTIFICATION TO FILE ACTION
This is to certify that:
1. There was personal confrontation between the parties before the Punong
Barangay but mediation fails:
2. The Punong Barangay set the meeting of the parties for the constitution of
the Pangkat:
3. The respondents willfully failed or refused to appear without justifiable

reason at the conciliation proceedings before the Pangkat:
4. Therefore, the corresponding complaint for the dispute may now be filed in
court/government office.
This 3rd day of August, 2002.
(SGD) CAL LEE-HIM

Pangkat Secretary
Attested: (SGD) NAKA TUGAW

Pangkat Chairman
Page 6

PROVINCE OF CAGAYAN
OFFICE OF THE MUNICIPAL HEALTH OFFICER
26 June 2002
(date)
MEDICO-LEGAL CERTIFICATE
TO WHOM IT MAY CONCERN:
This is to certify that Mrs. May Samurai, 39 years old, F/married, a resident of
Brgy Kataltalonan, Dalupiri Island, Cagayan Province has been attended in office on
26 June 26, 2002 at 10:00 A.M. for
* abrasion zygoma
* due to fighting incident
* on 25 June 2002 at about 5PM in Brgy. Kataltalonan, Dalupiri Island, Cagayan
Province.
REMARKS:
These injuries will require medical attendance for a period of less than nine
(9) days unless complications or other manifestation due to internal injuries were not
apparent at the time of examination set in.
(SGD) DR CALO SUGAN, M.D.

Municipal Health Officer
Lic. No. 0000001
N.B.
A mark, erasure or alteration of any entry invalidates this certification.
Paid Under G.R. No. 0123456

Issued at Dalupiri Island, Cagayan Province
On 26 June 2002
Page 7
SWORN STATEMENT OF MRS. MAY SAMURAI TAKEN BY PO2 PAUL LES INSIDE
THE INVESTIGATION SECTION OF DALUPIRI ISLAND POLICE STATION,
DALUPIRI ISLAND, CAGAYAN PROVINCE IN THE PRESENCE OF SPO2 PEDRO
SAN CALUNGSOD THIS 13TH DAY OF AUGUST 2002. QUESTIONS AND ANSWER
WERE PROFOUNDED IN THE ILOCANO DIALECT AND SUBSEQUENTLY
TRANSLATED IN ENGLISH LANGUAGE FOR THE BENEFIT OF THE WARRANT.
Preliminary Question: Do you swear to tell the truth, the whole truth and nothing but
the whole truth in this investigation?
Answer: Yes sir.
Q1: State your name and other personal circumstances?

A1: I am Mrs. May Samurai, 39 years old, married and a resident of Brgy.
Kataltalonan, Dalupiri Island, Cagayan Province.
Q2: Why are you here in this office giving your statement?
A2: I came here sir to execute a formal complaint.
Q3: Against whom are you complaining?

A3: Against Suntok Agawbukid, Tatang Agawbukid and Sugsog Agawbukid.
Q4: What did these three (3) persons you named above do to you?
A4: They help one another in maltreating me which caused to my injuries and
after which threaten me to death.
Q5: When this incident happened?

A5: It was on the 25th day of June 2002, around 3:00 o'clock in the afternoon.
Q6: Where in particular place did this happened?

A6: Particularly at the rice field at Brgy. Kataltalonan, Dalupiri Island, Cagayan
Province.
Q7: How did these three (3) persons you named above, maltreated you?
A7: First, Suntok Agawbukid brandished his bolo towards me and after which
pick-up stone and throw it/knurled to me but he missed it but the moment
thereafter he attacked/assaulted and boxed me in my right face causing me to
suffer sever pains, that as Suntok Agawbukid after hitting me he shouted
remarks to wit: "Umay kayo kaaruba ta piduten yo ti bangkay ni May ta
tadtaden me" likewise Tatang Agawbukid ordered his son Suntok to finish
Mrs. May Samurai.
Q8: What else transpired if any?
Page 8
A8: That Sugsog Agawbukid pursuading his brother to continue attacking me by

using the kuliglig to run-over me but I moved away as they had grave intent to
harmed me.
Q9: Do you have any witness who could corroborate what really happened?
A9: There was sir, Mrs. Hipag Samurai.
Q10: Do you have medical certificate to this effect?

A10: There was sir.
Q11: How true is the report gathered by this station that you are the first who
provoked the incident by challenging the three (3) Suntok, Tatang, and
Sugsog threatening them with a bolo?
A11: That is not true sir.
Q12: You have some more to add or retract on your statement?

A12: No more for the maintain sir.
Q13: Are you willing to sign your statement?

A13: Yes sir.
(SGD) MRS. MAY SAMURAI

Affiant
SUBSCRIBED AND SWORN to before me this 30th day August 2002 at


Page 9
PRELIMINARY EXAMINATION CONDUCTED BY THE COURT, HON. JUDGE TESS

FOROL, MUNICIPAL TRIAL JUDGE ON WITNESS (MAY SAMURAI) FOR THE
PROSECUTION IN CRIM. CASE NOS. 8455 AND 8456 THIS 3OTH DAY OF
AUGUST, 2002 AT DALUPIRI ISLAND, CAGAYAN PROVINCE, INTERPRETED BY
THE COURT INTERPRETER (MISS SALIN WIKA), TAKEN BY THE UNDERSIGNED
COURT STENOGRAPHER I (MISS PARTA C. SURAT).
================================================================
Preliminary: Question: Do you swear to tell the truth and nothing but the whole
truth in this investigation?
Answer: Yes sir.
Q1: Will you state your name, age and other personal circumstance?
A1: I am MAY SAMURAI, 39 years old, married, farmer and resident of Brgy
Q2: Are you the same person filing this case for threats and slight physical
injuries?
A2: Yes sir.
Q3: Against Suntok Agawbukid, Tatang Agawbukid and Sugsog Agawbukid?

A3: Yes sir.
Q4: Why are you filing these cases against them?

A4: Because they mauled me sir.
Q5: How did they mauled you?

A5: Because they are plowing the fields that I am tilling, sir.
Q6: How could you cultivate a fields considering that you are a woman?
A6: Because the field is owned by my husband and the Agawbukid Family is
forcing the possession, sir.
Q7: But you are filing a case against them for threat?
A7: Because they shouted at me that they were going to kill me saying in Ilocano,
"Umay kayon kaarruba ta piduten yo ti bangkay ni May ta tadtadenmi",
meaning "Come neighbors and pick-up the cadaver of May because we will
chop-chop her".
Q8: Were those the words uttered by them?

A8: Yes sir.
Q9: So, these people announced to the neighbors that they will be going to pick-
up your body because they will kill you?
Page 10
A9: Yes sir.
Q10: Were there neighbors came?

A10: Yes sir.
Q11: Who?
A11: My sister-in-law, sir.
Q12: Why did your sister-in-law came?

A12: They intent to kill me and she came to help me sir.
Q13: So, the purpose is not to pick up your body but to help you?
A13: Yes sir.
Q14: They never attacked you?

A14: They attacked me, sir by using the kuliglig, bolo and stones.
Q15: But, there is a complaint against you because you damage the kuliglig, is this
true?
A15: Because they will used that kuliglig in killing me, sir, so what shall I do?
Q16: So,they threatened to kill you?

A16: Yes, sir.
Q17: What particular place in Brgy Kataltalonan did this happen?

A17: In the rice fields, sir.
Q18: At what time?

A18: Around 2:00 o'clock in the afternoon, sir.
Q19: In connection with this, did you ever give your statement to the police?
A19: Yes sir.
Q20: I am showing to you a statement by one May Samurai, will you see if this is
the one you are referring to?
A20: Yes sir this is the one.
Q21: And above it is a signature, whose signature is that?

A21: My signature, sir.
Q22: Before you sign, did you read the contents of your statement given to the
police?
A22: Yes, sir.
Page 11
Q23: Here in Court today, do you confirm that all you have stated in your statement
given to the police are true and correct?
A23: Yes sir.
Q24: Aside from threatening you, what else did they do?
A24: They boxed me, sir.
Q25: Who boxed you?

A25: Suntok Agawbukid, sir.
Q26: Was he alone in boxing you?

A26: Yes, sir.
Q27: What part of your body was hit?

A27: On my right face, sir.
Q28: Were there people who saw the incident?

A28: Yes sir.
Q29: Who were they?

A29: My neighbors, my in-laws and my niece, sir.
Q30: Do you have a Medical Certificate regarding the boxing?

A30: Yes, sir.
Q31: Is this the medical certificate you are referring to? (The Court showed to the
witness the medical certificate attached to the record).
A31: Yes, sir this is the one.
Q32: That is all. Are you willing to sign your statement here in Court?
A32: Yes sir.
(TSN/SGD.) MRS. MAY SAMURAI

Affiant
================================================================
I HEREBY CERTIFY TO THE CORRECTNESS OF THE FOREGOING TRANSCRIPT
OF MY STENOGRAPHIC NOTES TO THE BEST OF MY KNOWLEDGE AND
ABILITY.
(SGD) MISS PARTA C. SURAT

Court Stenographer I
/vdz
Page 12

FOROL, MUNICIPAL TRIAL JUDGE ON WITNESS (HIPAG SAMURAI) FOR THE
PROSECUTION IN CRIM. CASES NOS. 8455 AND 8456 THIS 30TH DAY OF
AUGUST, 2002 AT DALUPIRI ISLAND, CAGAYAN PROVINCE, INTERPRETED BY
THE COURT INTERPRETER (MISS SALIN WIKA) TAKEN BY THE UNDERSIGNED
================================================================
Preliminary: Question - Do you swear to tell the truth and nothing but the whole truth
in this investigation?
Answer - Yes sir.
Q1: Will you state your name, age and other personal circumstance?
A1: I am HIPAG SAMURAI, widow, 49 years old, housekeeper and resident of
Brgy Kataltalonan, Dalupiri Island, Cagayan Province.
Q2: Do you know May Samurai?

A2: Yes sir.
Q3: Why do you know her?

A3: She is my sister-in-law, sir.
Q4: Do you know the incident about her that she was injured?
A4: Yes sir.
Q5: When was that?

A5: July 25, 2002, sir.
Q6: What part of her body was injured?

A6: Her right face, sir.
Q7: Who did this to her?

A7: Danog Agawbukid, sir.
Q8: Did you see Danog Agawbukid box May Samurai?

A8: Yes sir.
Q9: What happened to her when Danog Agawbukid boxed her?

A9: She fell down, sir.
Q10: How many times did Danog Agawbukid boxes her?

A10: One only, sir.
Q11: So, she was injured according to you?
Page 13
A11: Yes sir. She suffered contusion.
Q12: Was that all that you know about the incident?
A12: Yes, sir and they (accused) also stoned her and hacked her with a bolo.
Q13: Who hacked her?

A13: Danog Agawbukid alias Suntok, sir.
Q14: So, Danog Agawbukid alias Suntok hacked her but she was not hit?
A14: Yes sir.
Q15: It was also this Suntok Agawbukid who boxed the complainant?
A15: Yes sir.
Q16: Where did this happen?

A16: At the rice field in Brgy Kataltalonan, Dalupiri Island, Cagayan Province, sir.
Q17: Why in the rice fields?

A17: It was there where they are having kuliglig, sir.
Q18: Why, what is this kuliglig used for?

A18: It is used in plowing the rice fields, sir.
Q19: Why is it that the kuliglig is in the rice fields?

A19: Because they are plowing the fields because they were going to plant rice
seedlings (Bunobun), sir.
Q20: Who will use the kuliglig?

A20: Sugsog Agawbukid, sir.
Q21: Why is this May Samurai was on the rice fields?

A21: She went there to stop them because they don't want to give the possession
of the rice fields?
Q22: So, it was this May Samurai who wanted to stop Agawbukid people who were
plowing the fields?
A22: Yes sir.
Q23: It was at that time that this Suntok Agawbukid got angry because of this act of
May Samurai because according to you, he hacked May Samurai but she was
not hit?
A23: Yes sir.
Page 14
Q24: Why, what did May Samurai say to them why this Suntok Agawbukid got
angry?
A24: May Samurai said, "Stop plowing the field" sir.
Q25: You were there present?

A25: Yes, sir.
Q26: You exactly saw what happened?

A26: Yes sir.
Q27: There is an incident also that where May Samurai destroyed the kuliglig of
Suntok Agawbukid, is this true, before the fight begun?
A27: I did not see that incident sir.
Q28: Why?
A28: Because when I was be able to help May Samurai, Tatang Agawbukid got
near me and slanged me, sir.
Q29: Was Suntok Agawbukid alone?

A29: They were three sir.
Q30: Who were the other people?

A30: Tatang Agawbukid and Sugsog Agawbukid, sir.
Q31: What was the participation of Tatang Agawbukid and Sugsog Agawbukid?
A31: Tatang Agawbukid is the father who said, "Sige, tirwen yo", meaning "Come
on, You hit her."
Q32: How about Sugsog Agawbukid, what was his participation?

A32: He is the one holding/driving the kuliglig to run over May Samurai, sir.
Q33: Why, was May Samurai enjoying seeing the kuliglig coming?
A33|: No, sir. In fact, she does not know what she was doing then because she was
being hit by the kuliglig and at the time she even stoned.
Q34: In connection to this, did you give your statement to the police?
A34: Yes sir.
Q35: I am showing to you a statement given to the police, will you see if this one
you are referring to?
A35: Yes sir.
Q36: Below is a typewritten name Hipag Samurai and above it is a signature,

whose signature is that?
Page 15
A36: That is my signature, sir.
Q37: Before you sign your statement, did you read the contents of it?
A37: Yes sir.
Q38: Do you confirm that everything you have stated in your affidavit is true and
correct?
A38: Yes sir.
Q39: What else happened at that time, why these Sugsog Agawbukid and Tatang
Agawbukid were included in the crime of threat?
A39: Because they were the companions of Suntok Agawbukid, sir.
A40: Yes sir.
(TSN/SGD.) HIPAG SAMURAI

Affiant
Page 16

FOROL, MUNICIPAL TRIAL JUDGE ON WITNESS (PAMA ANGKIN) FOR THE
PROSECUTION IN CRIM. CASE NOS. 8455 AND 8456 THIS 2ND DAY OF
SEPTEMBER, 2002, DALUPIRI ISLAND, CAGAYAN PROVINCE, INTERPRETED BY
THE COURT INTERPRETER (MISS SALIN WIKA), TAKEN BY THE UNDERSIGNED
================================================================
Preliminary: Question - Do you swear to tell the truth and nothing but the whole truth
in this investigation?
Answer - Yes sir.
Q1: Will you state your name, age and other personal circumstances?
A1: I am PAMA ANGKIN, 30 years old, married, housekeeper and resident of Brgy
Q2: Are you the same Pama Angkin who executed this joint affidavit?
A2: Yes sir.
Q3: In this affidavit below on the left side, there is a typewritten name Pama
Angkin and above it is a signature, whose signature is this?
A3: My signature sir.
Q4: Did you read this joint affidavit before you sign?
A4: Yes sir.
Q5: Do you confirm that everything you stated in this joint affidavit are to be true
and correct?
A5: Yes sir.
Q6: Do you know these persons Suntok Agawbukid, Tatang Agawbukid and
Sugsog Agawbukid?
A6: Yes sir. I know them.
Q7: Do you know also May Samurai?

A7: Yes sir.
Q8: Are you related with her?

A8: She is my aunt sir.
A9: Yes sir.
(TSN/SGD.) PAMA ANGKIN

Affiant
Page 17
================================================================
I HEREBY CERTIFY TO THE CORRECTNESS OF THE FOREGOING
TRANSCRIPT OF MY STENOGRAPHIC NOTES TO THE BEST OF KNOWLEDGE
AND ABILITY.

Count Stenographer I
/vdz
Page 18

FOROL, MUNICIPAL TRIAL JUDGE ON WITNESS (NAKANG NGEG) FOR THE
PROSECUTION IN CRIM. CASES 8455 AND 8456 THIS 2ND DAY OF
SEPTEMBER, 2002 AT DALUPIRI ISLAND, CAGAYAN PROVINCE, INTERPRETED
BY THE COURT INTERPRETER (MISS SALIN WIKA), TAKEN BY THE
UNDERSIGNED COURT STENOGRAPHER I (MISS PARTA C. SURAT)
================================================================
Preliminary Question - Do you swear to tell the truth and nothing but the whole truth in
this investigation?
Answer - Yes sir.
Q1: Will you state your name, age and other personal circumstances?
A1: I am Nakang Ngeg, 25 years old, married, housekeeper and resident of Brgy
Q2: Are you the same person one of the affiant in third joint affidavit by the name
Nakang Ngeg?
A2: Yes sir.
Q3: Below this joint affidavit is a typewritten name, Nakang Ngeg and above it is a
signature, whose signature is this?
A3: My signature sir.
Q4: Before you sign, did you read this joint affidavit?
A4: Yes sir.
Q5: Did you understand the contest of the same?

A5: Yes sir.
Q6: For instance, your statement here "Umay Cayon Caarruba ta piduten yo ti
bangkay ni May, ta tadtadenmi", meaning, "Come neighbors and pick-up the
(body) cadaver of May Samurai because we were chop-chop her", do you
confirm this to be true and correct?
A6: Yes sir.
Q7: That those are the exact words stated by the accused?
A7: Yes sir.
Q8: Do you know the accused?

A8: Yes, sir.
Q9: Who are they?

A9: Tatang Agawbukid, Suntok Agawbukid and Sugsog Agawbukid, sir.
Page 19
A10: Yes sir.
(TSN/SGD.) NAKANG NGEG

Affiant
================================================================
TRANSCRIPT OF MY STENOGRAPHIC NOTES TO THE BEST OF MY
KNOWLEDGE AND ABILITY.

Court Stenographer I
/vdz
Page 20
REPUBLIC OF THE PHILIPPINES )

PROVINCE OF CAGAYAN ) S.S
MUNICIPALITY OF DALUPIRI ISLAND )
JOINT AFFIDAVIT OF WITNESSES
WE, NAKAKITA CONTRADEMANDA, NAKARINIG CONTRADEMANDA and

NAKANGNGEG CONTRADEMANDA, all of legal ages, married Filipino citizens and
residents of Brgy Kataltalonan, Dalupiri Island, Cagayan Province under oath depose
and state that:
1. Sometime June 25, 2002, I, Nakakita Contrademanda was inside our

house near the rice fields being plowed by Danog Agawbukid alyas Suntok Agawbukid
when I saw May Samurai brandishing a Samurai and rushing towards Danog Suntok
Agawbukid and uttering the following words: "ISARDENG MO DAYTA. OKINNAM
DANOG, PATAYEN KA".
2. We, Nakarinig Contrademanda and Nakangngeg Contrademanda while in

our house, we heard somebody shouting and we went outside our house and went
near the place where we heard the shout and there we saw May Samurai shouting:
Okinnam Danog Isardeng mo dayta . Patayen ka and rushing Danog Agawbukid alyas
Suntok Agawbukid brandishing a samurai;
3. We never saw Danog nor Sugsog Agawbukid stoned May Samurai

because they ran away when May Samurai was brandishing her samurai and
threatening Suntok Agawbukid;
4. We are executing this affidavit to attest to the truth and veracity of the
forgoing statement and for all legal intents it may serve.
IN TRUTH HEREOF, we have hereunto set our hands this 16th day of
September 2002 at Dalupiri Island, Cagayan Province.
(SGD) NAKAKITA CONTRADEMANDA

Affiant
(SGD) NAKARINIG CONTRADEMANDA

Affiant
(SGD) NAKANGNGEG CONTRADEMANDA

Affiant
Page 21
SUBSCRIBED AND SWORN TO before me this 16th day of September 2002

at Dalupiri Island, Cagayan Province.

Municipal Trial Court Judge
Dalupiri Island, Cagayan Province
Page 22

THE PEOPLE OF THE PHILIPPINES,

Plaintiff, CRIM. CASE NO. 8455
- versus -
DANOG AGAWBUKID ALYAS SUNTOK AGAWBUKID,

Accused.
x-------------------------------------x
CERTIFICATE OF ARRAIGNMENT
This 20th day of September, 2002 the undersigned states: That in open Court
in the presence of the Municipal Trial Judge, HON. JUDGE TESS FOROL, the
following accused DANOG AGAWBUKID ALYAS SUNTOK AGAWBUKID assisted by
ATTY PRO BONO LIBRE. was called and having been informed of the nature of the
accusation filed against him/her/them, by reading the complaint and delivering to
him/her/them a copy of the complaint thereof including a list of witnesses, said
accused in answer to the question of the Court, pleaded, NOT GUILTY to the crime
charge in said complaint.
TO WHICH I CERTIFY.
(SGD) MISS GANDA MANGASIWA

MTC - Clerk of Court II
(SGD) DANOG AGAWBUKID alyas SUNTOK AGAWBUKID

Accused
(SGD) ATTY PRO BONO LIBRE

Counsel
Page 23


Plaintiff,
CRIM. CASE NO. 8455
versus
SUNTOK AGAWBUKID,
Accused.
x--------------------------------------------------------------------------------------------------------------x

Plaintiff,
CRIM. CASE NO. 8456
- versus -
SUNTOK AGAWBUKID, et al.,

Accused.
x--------------------------------------------------------------------------------------------------------------x
ORDER
In Crim. Case No. 8455 for Slight Physical Injuries, accused Suntok
Agawbukid is arraigned today, assisted by his counsel, Atty Pro Bono Libre..He
pleaded Not Guilty.
In Crim. Case No. 8456 for Threats, all the herein accused pleaded Not Guilty.
They are also assisted by their counsel, Atty Pro Bono Libre.
IN VIEW HEREOF, set the pre-trial conference of the above- entitled cases to
October 11, 2002 at 9:00 o'clock in the morning. Notify all parties concerned of this
new date of assignment.
SO ORDERED.
Given in open Court this 20th day of September, 2002 at Dalupiri Island,
Cagayan Province.

Page 24
Copy furnished:
Prosecutor Cute Pros - reg. w/rc.
Amyanan Dalupiri, Cagayan Province
Atty. Pro Bono Libre - reg. w/ rc.

alx/vdz
Page 25

SUPREME COURT
THE PEOPLE OF THE PHILIPPINES, CRIM. CASE NO. 3438

Plaintiff,
for
- versus -
MALICIOUS MISCHIEF
MAY SAMURAI,
Accused.
x--------------------------------------------------------------------------------------------------------------x
Plaintiff,
- versus for
MAY SAMURAI, GRAVE THREATS

Accused.
x--------------------------------------------------------------------------------------------------------------x
Plaintiff,
for
- versus -
SLIGHT PHYSICAL INJURIES
SUNTOK AGAWBUKID,
Accused.
x--------------------------------------------------------------------------------------------------------------x

Plaintiff,
for
- versus -
TH R EATS
Accused.
x--------------------------------------------------------------------------------------------------------------x
ORDER
The Public Prosecutor is hereby ordered to study carefully these cases

because these cases are charges and counter charges and it happened on one and
the same incident with one and the same accused on one side and the same accused
Page 26
on the other side. He shall decide which cases deserve to be heard and which cases
to be dropped within fifteen (15) days from receipt of this order.
The Clerk of Court is hereby ordered to forward the records of the above-
entitled cases to the Office of Public Prosecutor Cute Pros in Amyanan, Dalupiri,
Cagayan Province for his review.
In the meantime, reset the pre-trial conference of these cases to November 22, 2002
at 9:00 o'clock in the morning. (These cases are charges and counter charges).
SO ORDERED.
Given in open Court this 11th day of November, 2002 at Dalupiri Island,
Cagayan Province.

alx/vdz
Page 27

SUPREME COURT

Plaintiff,
for
- versus -
MALICIOUS MISCHIEF
MAY SAMURAI,
Accused.
x--------------------------------------------------------------------------------------------------------------x
Plaintiff,
- versus for
MAY SAMURAI, GRAVE THREATS

Accused.
x--------------------------------------------------------------------------------------------------------------x
Plaintiff,
for
- versus -
SLIGHT PHYSICAL INJURIES
SUNTOK AGAWBUKID,
Accused.
x--------------------------------------------------------------------------------------------------------------x

Plaintiff,
for
- versus -
TH R EATS
Accused.
x--------------------------------------------------------------------------------------------------------------x
Page 28
ORDER
On agreement of parties since these cases are charged and counter and all
the parties are withdrawing their respective complaints with each other and finding the
manifestations of all parties to be in consonance with law, the same is hereby granted.
Let the two (2) cases against Suntok Agawbukid, Tatang Agawbukid and
Sugsog Agawbukid and the two (2) cases against May Samurai be, as it is hereby
ordered DISMISSED. The cash bond posted by all the parties concerned is hereby
ordered cancelled and released.
SO ORDERED.
Given in open Court this 17th day of March, 2003 at Dalupiri Island, Cagayan
Province.

alx/vdz
Page 29
Bata, bata pasaway na bata,

Huwag kang maglalaro, sa tabi ng kalsada.
Kailan ka ba matututo?
Kung ikaw at patay na
Page 30


- versus - for
MANDO DUMPAR Y NAKA, HOMICIDE THRU

Accused. RECKLESS IMPRUDENCE
Address: 120 Bato-bato St.,

Brgy Amyanan, Calayan Island,
Cagayan Province.
x-----------------------------------x
CRIMINAL COMPLAINT
The Undersigned Station Commander of the Dalupiri Island Police Station,

Dalupiri Island, Cagayan Province, Philippines, after having been sworn to an oath in
accordance with law, accuses MANDO DUMPAR Y NAKA, of the crime of HOMICIDE
THRU RECKLESS IMPRUDENCE, committed as follows;
That on or about 11530H February 1989, at Barangay Masipag, Dalupiri

Island, Cagayan Province, Philippines and within jurisdiction of this Honorable Court,
the above-named accused, being then driver and person in-charge of the Passenger
Jeep bearing Plate Number ZZZ 000 did then and there willful, unlawfully and
feloniously drive, operate the said vehicle in a careless, negligent manner, without
taking the necessary precaution to avoid accident to person and property and by such
negligence, imprudence and carelessness the said Passenger Jeep driver and
manage by the accused herein, bumped/sideswiped one BOY YOYO who sustained
injuries on the different parts of his body thus causing his instantaneous death.
Contrary to law.
Dalupiri Island, Cagayan Province, February 11, 1989.
(SGD) TINO MATINO

P/SGT INP
Page 31
Station Commander
SUBSCRIBED AND SWORN to before me this 11th day of February 1989, at

(SGD) JUDGE TESS FOROL

Witnesses:
1. P/Sgt Tino Matino, INP, Dalupiri Island, Cagayan Province.

2. Patrolman Pedro San Calungsod, INP, Dalupiri Island, Cagayan Province.
3. And others.
Page 32

MUNICIPALITY OF DALUPIRI ISLAND ) S.S
PROVINCE OF CAGAYAN )
x----------------------------------------x
JOINT AFFIDAVIT
WE, POLICE/SGT TINO MATINO AND PATROLMAN PEDRO SAN

CALUNGSOD, both of legal ages and member of the Dalupiri Island Police Station,
Dalupiri Island, Cagayan Province, after having been sworn to law in accordance with
law, hereby depose and state;
That on or about 11545H February 1989, while we were at the Police Station
we received a radio call from the Camachile PC Detachment, Camachile, this
Municipality informing us that a driver of a passenger Jeep allegedly surrendered at
their office due to accident;
That upon receiving the information we immediately proceeded at the said

Detachment and upon arrival thereat they showed us the person who allegedly
surrendered to them which later on lead us to his identity as one MANDO DUMPAR Y
NAKA, 44 years old, married and resident of Barangay Amyanan, Dalupiri Island,
Cagayan Province and likewise the driver of the passenger Jeepney whom he driven
on, further admitted to have sideswiped a pedestrian along the National Highway at
Barangay Masipag this municipality while the same was proceeding south along the
said highway;
That after our inquiry we invited subject driver to the Police Station indorsing
him to the assigned Desk Officer for further and proper investigation;
That we proceeded to the place where the victim of this accident but while on
our way we met they relatives of the victim informing us that he later on expired along
the way to the Dalupiri General Hospital, Dalupiri Island, Cagayan Province for
medical treatment after which we later come to know the identify of said victim as one
BOY YOYO, 7 year old and a resident of Barangay Cupang, Dalupiri Island, Cagayan
Province who as a result of that accident he sustained injuries on different parts of his
body which causes his instantaneous death;
That we are executing this affidavit to support the filing complaint against the
said driver one Mando Dumpar Y Naka and the driver of that passenger jeep bearing
plate No. ZZZ 000 Pilipinas.
IN WITHNESS WHEREOF, WE hereunto set our hands this 11th day

February 1989, at Dalupiri Island, Cagayan Province.
Page 33
(SGD) TINO MATINO (SGD) PEDRO SAN CALUNGSOD

P/Sgt INP Pat INP
Affiant Affiant


Page 34


- versus - for

x---------------------------------------x
O RDER OF RELEAS E
To the Station Commander

You are hereby ordered to release the accused in the above entitled case
having filed the necessary bond in the amount of FOUR THOUSAND PESOS for his
provisional liberty unless you are holding him for some other offense.
Dalupiri Island, Cagayan Province, February 11, 1989.

Acting Municipal Trial Judge
Page 35
Republic of the Philippines

Department of Heath
Regional Health Office No. 1
RURAL HEATH & FAMILY CENTER
February 11, 1989
POST MORTEM EXAMINATION
This if to certify that I have this 11th day of February, 1989 performed a post
mortem examination upon the body of the deceased BOY YOYO, 7 years old, of Brgy
Masipag, Dalupiri Island, Cagayan Province who was bumped by jeepney about 3:00
P.M. February 11, 1989.
FINDINGS:
Lacerated wound right temporal are with fracture of right temporal and frontal bone
and multiple abrasions of all over the body.
CAUSE OF DEATH: Shock due to severe brain injury, fracture frontal and right
temporal bone skull.
DR. CALO SUGAN, M.D.

Page 36

CERTIFICATE OF DEATH
(Fill out completely, accurately and legibly in ink or typewriter)
PROVINCE: CAGAYAN LOCAL CIVIL REGISTRY

NO. 4567
MUNICIPALITY: DALUPIRI ISLAND
(First) (Middle) (Last)

1. NAME BOY AY-AYAM YOYO
2. SEX (Place 'x' on appropriate answer) 3. AGE If 1year and above

If under 1 year If under 1 day
x 1. Male 2. Female Completed years
Months/Days Hours 7
CIVIL STATUS (Place 'x' on appropriate answer) 5. NATIONALITY

x 1. Single 2. Married 3. Widowed 4. Others Filipino
6. USUAL RESIDENCE (street/Barangay) (city/municipality)(province)

Brgy Masipag Dalupiri Island Cagayan Province
7. USUAL OCCUPATION 8. DATE OF Death

(if 5 years old and over) (day) (month) (Year)
pupil 11 February 1989
9. PLACE OF DEATH (name of Hospital/clinic; if not hospital,

(city/municipality) (province)
give street/barangay) Brgy. Masipag, Dalupiri Island, Cagayan Province
10. SURVIVING SPOUSE (name) (Address)

(if married) ___________________________________
___________________________________________________________________
MEDICAL CERTIFICATE
CAUSE OF DEATH
(please see instruction at the back) Interval between Onset and Death
Immediate cause: a.) shock

Antecedent cause: b.) severe brain injury
Underlying cause: c.) fracture of frontal and right temporal bone skull
Other significant conditions________________________

contributing to death_____________________________
Page 37
___________________________________________________________________
DEATH BY NON-NATURAL CAUSES
a.) Manner of death (place 'x' on appropriate answer) b.) place of occurence
(e.g home, farm, factory, street, sea etc.)
__1. Homicide __2. Suicide __3. Accident ___4. Others (specify)
___________________________________________________________________
MEDICAL ATTENDANCE
(place 'x' on appropriate answer) If medically attended state duration:
__1. Private Physician __3. Hospital Authority
From_______________,19________
__2. Public Heath Officer x 4. None
To_________________,19________
___________________________________________________________________
CERTIFICATION OF DEATH
I hereby certify that the foregoing particulars are correct as neat as same can be
ascertained and I further certify that I have/ have not attended the deceased, and
death occured at ______ am/pm on the date indicated above.
Signature (signed) Address: Dalupiri Island, Cagayan Province

Name in Print (SGD) DR CALO SUGAN, M.D. Date: February 13, 1989
Title or Position Municipal Heath Officer
___________________________________________________________________
INFORMANT
Signature (signed)
Address: Brgy Masipag, Dalupiri Island, Cagayan Province.
Name in Print TATANG YOYO Date: February 13, 1989
Relationship to the Deceased FATHER
___________________________________________________________________
PREPARED BY
a.) b.)
Signature (signed) Signature (signed)
Name in Print CIV. REGIS Name in Print Mr. Taga Pag Tala
Title or Position Clerk Local Civil Registrar Title or Position /LCR
Date February 13, 1989 Date February 13, 1989
___________________________________________________________________
COURPSE DISPOSAL (place 'x' on appropriate answer)
BURIAL/CREMATION PERMIT
x 1. Burial __2. Cremation ___3. Others (specify) Number 2171619
Date Issued: 2/13/89
Page 38
SWORN STATEMENT OF MRS. NANAY YOYO TAKEN BY PFC PEDRO SAN

CALUNGSOD INP, THIS 27TH DAY OF FEBRUARY 1989. IN THE PRESENCE OF
P/CPL MALUNGGAY AND P/CPL AMPALAYA, INP. QUESTIONS AND ANSWERS
WERE GIVEN IN ILOCANO DIALECT AND TRANSLATED INTO ENGLISH BY THE
SAME INVESTIGATION.
================================================================
Question: Do you swear to tell the truth and nothing but the whole truth in this
investigation?
Answer: Yes sir.
01. Q - Please state your name, age and other personal circumstances?
A NANAY YOYO, 30 years old, married, housekeeper and a resident of
Barangay Masipag, Dalupiri Island, Cagayan Province.
02. Q - Do you one Boy Yoyo?

A - He is my son.
03. Q - Where is he now?

A - He is already dead, sir.
04. Q Do you know when he died?

A - On February 11, 1989.
05. Q - Do you know what caused his death?

A - He was hit/bumped by a Vi Car Passenger Jeepney, sir.
06. Q - Where in particular place did this happened?

A - Along the National Highway at Bargy Masipag Junction this municipality.
07. Q - By the way, were you present at the time when your son Boy Yoyo was
allegedly hit/bump by the said vehicle?
A - I was not present sir.
08. Q - Where were you at that time?

A - I was at the mountain at that time sir gathering firewoods.
09. Q - Do you know the driver of the said passenger jeepney?

A - What I could say sir, Is that the driver that hit/bumped my son which cause his
death is from Amyanan, Dalupiri Island, Cagayan Province.
10. Q - How about the Vehicle do you know also?

A - The vehicle is a passenger jeepney (Vi car), sir.
Page 39
11. Q - To whom did you learned that your son was dead due to said accident?
A - Right after the accident, because as I have said I was then the forest and more
or less 50 meters away from the National highway and my son Boy Yoyo who rushed
at the place where I was.
12. Q - What did you do when you learned the incident?

A - I ran as fast as I could and upon reaching the place I saw my son who was
already sprawled at the road particularly at western shoulder of the road.
13. Q - What did you, do if any?

A - I lifted him and tried to observed and a Passenger who was about to pass
towards north suddenly stop and as we are about proceed at said hospital the
authorities informed us that my son already expired.
14. Q - What else if any?

A - I would like to state that this case will pursue in court against the erring driver to
answer what he did to my loving son Boy Yoyo.
15. Q - What else do you declare in this investigation?

A - No more, sir.
16. Q - Are you willing to sign this statement of yours?

A - Yes sir.
NANAY YOYO
Affiant


Page 40


- versus - for

X-------------------------------------------X
SUBPOENA
To: Mando N. Dumpar

120 Bato-bato St.,
Brgy Amyanan, Calayan Island,
Cagayan Province.
It appearing from the evidence on record that there is a probable cause,

unless controverted, you are hereby directed to submit your counter-affidavit and
affidavits of your witnesses if any, and other supporting documents pursuant to Sec. 3
(b), Rule 112 (10) Days from receipt hereof. Attached hereto is a copy of the complaint
and that of the affidavits of witnesses. Your failure to do so within the aforesaid date
shall construed as waiver of your right to be heard, and the PRELIMINARY
INVESTIGATION shall proceed accordingly. Thereafter, the preliminary investigation
shall deem submitted close and that case is submitted for resolution.
Dalupiri Island, Cagayan Province this 16th day of February, 1989.

/mrs
The Station Commander

PC/INP,
Tuguegarao,
Cagayan Province
Request service of the foregoing subpoena and returning the original of the same to
this office with your notation of action taken thereon.
Page 41

Note:
Respectfully return to the Honorable Judge of MTC, First Judicial Region,

Dalupiri Island, Cagayan Province that the herein subpoena of the subject person was
duly served.
(SGD) PAUL S. MAGINOO

PFC INP
Page 42

PROVINCE OF CAGAYAN PROVINCE ) S.S
COUNTER AFFIDAVIT
I, MANDO N. DUMPAR, Filipino, of legal age, married and residing at Brgy

Amyanan, Dalupiri, Cagayan Province, after having been duly sworn to in accordance
with law, hereby depose and say:
1. That on February 11, 1989, I and my manager Mr. Jeff May-ari started from
Brgy Amyanan, Dalupiri, Cagayan Province bound for Timog, Dalupiri, Cagayan
Province to buy salted fish, I being the driver of an Owner driver passenger jeepney
type, and when we were already at Brgy Masipag, Dalupiri Island, Cagayan Province
at about 3:45 P.M., I was driving at a speed of about 50 to 60 km per hour when all of
a sudden a boy about six to eight years old playing yoyo on my left side lane (eastern)
let go of his yoyo towards my lane so that said boy without looking on my direction
followed his yoyo and I even sounded my horn to warn the boy following his yoyo, and
in my effort to avoid hitting the boy following his yoyo I even swerved to the right
towards the shoulder (right side portion) of the road, but unfortunately, the boy was
bumped, and because of my fear that I will harmed by the people around, I went direct
to the P.C Check Point at Camachile, Cagayan Province and surrendered there
2. That it would be impossible for me to evade hitting the boy because it was
so sudden and that said boy came running after his yoyo and towards my direction,
even as I applied the brakes and swerved to the right trying to evade the boy, but just
the same the boy was bumped;
3. That I executed this Counter Affidavit to affirm the veracity of the foregoing
facts in Answer to the charge filed against me under Crim. Case No. 0852 for
Homicide Thru Reckless Imprudence which now pending before the Municipal Trial
Court, Dalupiri Island, Cagayan Province.
IN WITNESS WHEREOF, I have hereunto set my hand this 27th day of

February, 1989 at Dalupiri, Cagayan Province.
(SGD) MANDO N. DUMPAR

(Affiant)
SUBSCRIBED AND SWORN to before me this 27thday of February, 1989 at

Amyanan, Cagayan Province by affiant with his Res. Cert. No. 5314694 issued at
Amyanan, Cagayan Province on Jan. 24, 1989.
Page 43
Notary Public
Until December 31, 1989
PTR NO. 2345678 1/20/89
Amyanan, Dalupiri Island,
Cagayan Province
Doc. No. 123

Page No. 12
Book No. XCII
Series of 1989
Page 44

COUNTER AFFIDAVIT
I, JEFF MAY-ARI, Filipino, of legal age, married and residing at Northern

Subdivision, Bry Amyanan, Dalupiri Island, Cagayan Province after having been duly
sworn to in accordance with law, hereby depose and say:
1. That I am the owner of the motor vehicle driven by accused Mando

Dumpar, the accused in Criminal Case No. 0852 for Homicide Thru Reckless
Imprudence, now pending before the Municipal Trial Court, Dalupiri Island, Cagayan
Province;
2. That on February 11, 1989 I was seated on the front seat right side of my
driver in my jeepney (passenger type) bound for Tinog to buy salted fish, and at about
3:45 P.M. we were already at Brgy Masipag, Dalupiri Island, Cagayan Province with a
speed of about 50 to 60 km. per hour when all of a sudden, a boy about six to eight
years old playing yoyo on the eastern-left side lane let go his yoyo towards the lane
where my driver was in so that said boy without looking towards our direction followed
his yoyo and my driver who noticed the boy sounded his horn to warn the from
following his yoyo but the boy did not heed the warning and in the effort of my driver
to avoid hitting the boy following his yoyo, my driver even swerved our jeepney to the
right towards the shoulder (right side portion) of the road, but unfortunately, the boy
was bumped;
3. That because of the fear of my driver that he will be harmed by the people
around, we proceeded direct to the P.C. Check Point at Camachile, Cagayan Province
and it was there where my driver surrendered;
4. That is was impossible for my driver to evade hitting the boy because it was
so sudden and that said boy came running after his yoyo and towards our direction,
even as my driver applied the brakes and swerved to the right trying to evade the boy,
but the boy was bumped just the same;
5. That I executed this Counter Affidavit to affirm the veracity of the foregoing
facts leading to the bumping of the boy who followed his yoyo towards our lane.

February, 1989 at Amyanan, Dalupiri Island, Cagayan Province.
(SGD) JEFF MAY-ARI

(Affiant)
Page 45
SUBSCRIBED AND SWORN to before me this 27th day of February, 1989 at

Amyanan, Dalupiri Island, Cagayan Province by affiant with his Res. Cert. No.
1234567 issued at Amyanan, Dalupiri Island, Cagayan Province on Jan. 24, 1989.

Notary Public
Until December 31, 1989
PTR NO. 2345678 1/20/89
Amyanan, Dalupiri Island,
Cagayan Province
Doc. No. 345

Page No. 345
Book No. XCII
Series of 1989
Page 46

MUNICIPALITY OF __________________, PROVINCE OF ___________________.
Case No. 0852
PEOPLE OF THE PHILIPPINES
versus SUBPOENA
Mando Dumpar Y Naka Docket No.
To Mando Dumpar of Dalupiri Island, Cagayan Province

To Tatang Yoyo of Dalupiri Island, Cagayan Province
GREETING:
You are hereby commanded to be and appear in the Municipal Trial Court of
Dalupiri Island, Cagayan Province on the 10th day of April, 1989 at 10:00 A.M. in the
morning then and there to testify in the above-entitled case pending therein for
_______________________.
FAIL NOT UNDER THE PENALTY OF THE LAW.
March 13, 1989.

(date)
(SGD) GANDA MANGASIWA

MTC- Clerk of Court
RECEIVED:
(SGD) TATANG YOYO
Page 47


- versus - for

x-------------------------------------------------x
ORDER
This case is called for preliminary investigation today. The parties appeared in
Court and manifested that they are exploring all possible avenues for amicable
settlement, and for this purpose they are waiting for the Insurance Adjuster.
IN VIEW OF THE FOREGOING, the preliminary investigation of the above-

entitled case is hereby indefinitely postponed pending the result of the amicable
settlement between the parties...
SO ORDERED.
Given in open Court this 10th day of April, 1989 at Dalupir Island, Cagayan
Province.

Acting Municipal Trial Court
/alx
Page 48

PROVINCE OF CAGAYAN PROVINCE )
AFF I DAV IT OF D E S I STAN C E
I, TATANG YOYO, of legal age, Filipino residing at Brgy Masipag, Dalupiri

Island, Cagayan Province, after having been duly sworn to in accordance with law,
depose and say.
That I am the complainant (or parent, of (BOY YOYO) in Criminal Case No.
0852, against JEFF MAY-ARI, MANDO N. DUMPAR for the injuries and/or damages
to property sustained as a result of the accident which occurred on February 11, 1989
That after a careful deliberation over the case, I found that the injuries and/or
damages sustained were purely accidental; that I am no longer interested in pursuing
criminally and/or civilly the case against the aforementioned driver;
That this affidavit is being executed by me of my own free will and volition for
the purpose of requesting dismissal and/or signifying my, intention to refrain from
further proceeding against the aforementioned driver and hereby waive all rights and
claims pertaining to said incident, now and hereafter;
That the foregoing statements have been duly read by me and/or read
translated to me in Ilocano dialect, which I understand and that the some are true and
correct to the best of my knowledge and belief.
(SGD) TATANG YOYO

Affiant
SIGNED IN THE PRESENCE OF:
(SGD) MATAN G. LAWIN

(SGD) MAPA G. MASID
SUBSCRIBED AND SWORN to before me this 4th day of May, 1989 in the
Dalupiri Island, Cagayan Province, affiant exhibiting to me his/her Residence
Certificate No. A 9876543 J issued at Dalupiri Island, Cagayan Province, on Jan. 16,
1989.

NOTARY PUBLIC
Page 49
Until December 31, 19__

PTR NO.______________
ISSUED ON.___________
ISSUED AT.___________
Doc. No. _____________

Page No._____________
Book No._____________
Series of.____________
/aav
Page 50


- versus - for

x-------------------------------------------x
MOTION TO DISMISS
COMES NOW, the undersigned Station Commander of the Integrated

National Police Dalupiri Island, Cagayan Province and unto this Honorable Court most
respectfully moves for the dismissal of the above entitled case on the following
grounds to wit;
1. That the private complaining witness/offended party has manifested to the

undersigned his lose of interest in the further prosecution of the above entitled case
as shown by his affidavit of Desistance Marked as "Annex" A and made integral part of
this motion;
2. That he further manifest had will no longer appear and testify in court
against the accused even if called to do so;
3. That in view of this change of event, that is on the part of the complaining
witness and considering that there are no other witnesses for the cause of the
government for the present time, the undersigned is of the considered belief that he
could no longer prove the guilt of the accused beyond reasonable doubt.
Wherefore, it is respectfully prayed of this Honorable Court that the case

against the accused be dismissed with cost de officio.
Dalupiri Island, Cagayan Province, May 4, 1989.
(SGD) ZIG MAKISIG

P/SGT INP
Station Commander
Page 51
With my Conformity:
(SGD) TATANG YOYO

(complainat)
Without Objection:

(accused)
By: (SGD) PEDRO SAN CALUNGSOD

PFC INP
Duty Investigator/
Officer-on-Case
Page 52


- versus - for

x-----------------------------------x
ORDER
This is case of Homicide thru Reckless Imprudence which falls within the
jurisdiction of the Regional Trial Court. Pursuant to the mandate of the 1985 Rules on
Criminal Procedure, subpoena was issued requiring the accused to submit his counter
affidavit within ten (10) days from receipt and according to he return accused was duly
served with the subpoena on February 23, 1989.Within ten days period granted the
Court to the accused to submit his counter affidavit, said accused submitted his
counter affidavit on March 1, 1989. Whereby he stated in his affidavit a defense which
if proven to the satisfaction of the Court that has jurisdiction may exonerate accused
from criminal responsibility. The affidavit of the accused is corroborated by one JEFF
MAY-ARI whose affidavit is also submitted in support of the defense of the accused.
During the preliminary investigation, however, the parties manifested to the

Court that they are tying to settle the case amicably so that the Court granted the
accused sufficient time within to explore any possible avenues for compromise
agreement and today, parties appeared in Court and complainant TATANG YOYO, the
father of the victim executed and affidavit of desistance stating among others that after
a careful deliberation over the case, he found that the injuries sustained by his son
was purely accidental; and that he is no longer interested in pursuing any case
criminally and/or civilly against the accused. His affidavit of desistance was subscribed
and sworn before the Presiding Judge of this Court which is attached in support of the
motion to dismiss filed by the Station Commander.
Considering that the complainant had manifested his lack of interest in the
further prosecution of this case and that he is waiving his right to pursue the case
criminally or civilly, such manifestation of lack interest would then in effect tend to
exonerate the accused form criminal liability so that further prosecution of this case
would not be in a position to prove the guilt of the accused beyond reasonable doubt.
Page 53
IN VIEW OF THE FOREGOING, as prayed for by the Station Commander, let

this case be as it is hereby ordered dismissed. The cash bond filed by the accused for
his provisional liberty is hereby ordered released. The Municipal Treasurer is hereby
ordered to release the cash bond filed by the accused upon presentation of the
receipt.
SO ORDERED.
Given in open Court this 4th day of May 1989, at Dalupiri Island, Cagayan
Province.

/alx
Page 54
Magnanakaw, magnanakaw,
Huwag kang matakaw.
Ang pinakain sa iyo ng tatay mo
ay galing din ba sa nakaw?
Page 55


Plaintiff Criminal Case No. 5652
- versus - for
BUKAS MANMAN, MASID MANMAN Y KEN ROBERRY

MASID MANMAN, BAKLAS PINTO
and BUKAS PINTO,
Accused.
Address: Brgy Sinay, Dalupiri Island, Cagayan Province,
and Calayan Island, Cagayan Province.
x----------------------------------------------------x
AMENDED CRIMINAL COMPLAINT
Police undersigned Station of the integrated National Police Dalupiri Island Police
Station, Dalupiri Island, Cagayan Province, after having been duly sworn to law,
accuses, BUKAS MANMAN, MASID MANMAN, DARAY VER, BAKLAS PINTO and
BUKAS PINTO of the crime of "ROBBERY " committed as follows;
That on or about the 16th day of June 1988 at Brgy Maligaya, in the
municipality of Dalupiri Island, Cagayan Province and within the jurisdiction of this
Honorable Trial Court, the abovenamed accused, conspiring, confederating and
helping one another, with intent to gain, without the consent of the owner here and
with the use of force, by using a crowbar which they inserted through the main door
which for feloniously enter the house of MRS. NINA CAOAN and once inside take,
steal and carry away the following items to wit; one video, one Betamax, one Stereo
Timer. One Reverberation Amplifier, One stereo turn-table and one Stereo Cassette
Tape Deck all valued at ONE HUNDRED THOUSAND PESOS (PHP 100,000.00)
Philippine Currency cash amounting to FIVE THOUSAND PESOS (PHP
5,000.00)Philippine Currency and THREE HUNDRED AS DOLLARS ($300) to
damage and prejudice of the said owner in the aforecited amount.
Contrary to law, with aggravating circumstances of:
1. Night time
2. With the use of a motor vehicle
Dalupiri Island, Cagayan, Philippines, July 30, 1988.
Page 56
(SGD) PILAK SILVERBULLET

P/SGT INP
STATION COMMANDER
WITNESSES:
1. Mrs. Nina Caoan, Brgy. Maligaya, Dalupiri Island, Cagayan Province.
2. P/CPL Andres Makisig, INP, Dalupiri Island, Cagayan Province.
3. Pat Zed Maginoo, INP, Dalupiri Island, Cagayan Province.
4. Pat Lsv Masigla, INP, Dalupiri Island, Cagayan Province.
5. Masid Manman, Brgy Sinay, Dalupiri Island, Cagayan Province.
SUBSCRIBED AND SWORN to before me this 30th day as of July 1988 at


Page 57
SWORN STATEMENT OF MRS. NINA CAOAN TAKEN BY P/CPL ANDRES MAKISIG

THIS 12TH DAY OF JULY 1988 INSIDE INVESTIGATION SECTION OF INP,
DALUPIRI ISLAND, CAGAYAN PROVINCE. QUESTIONS AND ANSWERS WERE
PROFOUNDED IN PANGASINAN DIALECT AND SUBSEQUENTLY TRANSLATED
INTO ENGLISH UPON WRITING BY THE SAME INVESTIGATOR.
================================================================
QUESTION: After having been duly apprised of your rights under the New
Constitution of the Philippines, are you willing to tell the truth, the while truth and
nothing but the truth, in this investigation?
ANSWER: Yes sir.
Q1: Please state your name, age and other personal circumstances?
A1: I am MRS. NINA CAOAN NEE DA, 34 years old, married housekeeper and a
resident of Barangay Maligaya, Dalupiri Island , Cagayan Province.
Q2: On the 16th day of June 1988, do you know of any untoward incident that
transpired in your house?
A2: Yes, sir. We were robbed of our appliances.
Q3: What time did the incident happen?

A3: Between 1:00 to 2:00 oclock of June 16, 1988.
Q4: Will you narrate in brief how did the incident happen?
A4: I was already sleeping in my room which is situated at the Northern portion
from our sala with one of my children when I was awaken because of a
cracking noise as if our main door situated at the eastern part of our house is
being forcibly open after a couple of minutes I sensed that someday had
gained entrance inside our sala which prompted me to just remained silent on
my bed for fear that if I will open the door of my room to see who is inside the
sala of our house something might happen to me including my housemates.
When I gained my composure, I stand up and peep through the eastern class
window of my room. Several men were carrying our appliances outside
towards the northeastern barbed wire fence of our yard opposite the glass
window from where I was peeping. After they had carried their loots outside,
two of the male persons went outside our fence to the road just opposite to
our appliances were place while the limping man remained inside our yard
and lifted our appliance on at a time passing them over the barbed wipe fence
to the two male persons who were already outside our fence. After all their
loots were at the road east of our house, I say a vehicle coming from the
south of the road and stopped at the place where the place their loot; and
boarded same in said vehicle after which the limping man went outside our
fence and boarded in the vehicle with his companions proceeded towards
north direction following said road which ends at the National Highway.
Page 58
Q5: Were you able to recount the number of persons who boarded the vehicle?
A5: I remember right they were five (5) male persons including the driver.
Q6: How did you recognize that one of the three male persons who enter your
house and rob you of your appliances while it was dark considering the time
of the commission of the incident is a limp man?
A6: I fully recognized him sir, to be a limp man because of the flashlight lightings
which was focused to the group when my driver/helper flash at them.
Q7: What action did you do when you were able to notice/recognize the
group/bulglars at the time?
A 7: None sir, because of fear and I notice that they were carrying firearms and in
my mind they might turn on me, so that I was not able to do anything.
Q8: Presenting to you this man who was brought to this office by elements of this
situation what was his relation to the man you alleged that you recognized
during that time if the incident (Investigator presenting a man to the affiant
who gave his name as one Bukas Manman)?
A8: He was the same limping man I recognized during that time, sir.
Q9: What appliances were robbed in your house?

A9: One video, one Betamax, one Stereo Timer. One Reverberation Amplifier,
One stereo turn-table and one Stereo Cassette Tape Deck all valued at ONE
HUNDRD THOUSAND PESOS (PHP 100,000.00)
Q10: I have nothing more to ask, to you have some more to say or retract form your
foregoing statement?
A10: Nothing more sir.
Q11: Are you willing to sign our statement?

A11: Yes sir.
=END OF STATEMENT=
(SGD) MRS. NINA CAOAN

Affiant
SUBSCRIBED AND SWORN to before me this 13th day of July 1988, at Dalupiri
Island, Cagayan Province.

Page 59
SINUMPAANG SALAYSAY NI MASID MANMAN Y KEN NA IBINIGAY KAY KABO

ANDRES MAKISIG NGAYONG IKA 12 AND BUWAN NG HULYO ISANG LIBO SIYAM
NA RAAN AT WALONGPUT WALO SA HARAP NINA PATROLMAN ZED MAGINOO
AT PATROLMAN LAV MASIGLA.
================================================================
PAUNAWA: Ginoong Manman, nais kong malaman mo na iniimbestigahan ka ngayon

sa isang kasong kasaluyang iniimbistiga ngayon ng opisinang ito, nais kong malaman
mo na batay sa Bagong Saligang Batas ng Pilipinas, may karapatan kang manahimik
at hindi sasagot sa mga tanong na itinatanong sa iyo. Nais ko ring malaman mo na
may karapatan kang kukuha o bibigyan ng isang manananggol na aalalay sa iyo
habang ikay ay iniimbistigahan at anumang salaysay na iyong ibibigay ay maaaring
gamitin sa iyong pabor o kontra sa iyo. Naiintindihan mo ba ang karapatang ito at
nauunawaan?
SAGOT: Opo.
Tanong: Nais mo bang magkaroon ng isang manananggol upang ikaw ay alalayan

habang ikaw ay iniimbistigahan?
Sagot: Hindi na kailangan.
Tanong: Kusang loob ka bang magbibigay ng iyong salaysay at sumusumpang

magsasabi ng katotohanan, ang boong katotohanan at pawang katotohanan lamang?
Sagot: Opo.
(SGD) MASID K. MANMAN

(Affiant)
(lagda)
TESTIGO SA LAGDA
1__________________ 2. __________________
T1 - Ibigay mo ang iyong buong pangalan,edad at iba pang bagay na maaring

pagkakilanlan sa iyo?
S1 Masid Manman y Dimakakita, 30 gulang, walang asawa, magsasaka at
maninirahan sa Barangay Sinag, Timog, Dalupiri Island, Cagayan Province.
T2 - Kailan ka pa naririto sa opisinang ito ng Dalupiri Island Police Station, Dalupiri

Island Cagayan Province?
Page 60
S2 - Noon pang ika-2 ng Hulyo ng taong kasalukuyan ng gabi mga oras ng 12:00
hating gabi humigit kumulang.
T3 -Sino ang nagdala sa iyo sa opisinang ito noong gabing yaon?

S3 - Mga Kagawad ng Pulisya.
T4 - May nalalaman ka bang dahilan kung bakit ka dinala dito?

S4 - Ang nalalaman koay dahilang pagala-gala ako sa Barangay Maligaya ng bayang
ito.
T5 - Saan ka galing yaon bago ka dinala ng mga pulis sa kanilang opisina?

S5 - Galing ako sa Timog, Dalupiri.
T6 - May kasama ka bang nanggaling sa Timog, Dalupiri?

S6 - Mayroon po.
T7 - Sinu- sino ang mga kasama mo?

S7 - Sina Baklas Pinto, Bulos Pinto, Daray Ver at isang nagngangalang Bukas
Manman na pawang naninirahan sa Timog, Dalupiri Island, Cagayan Province
maliban kay Daray Ver na naninirahan sa Calayan Island.
T8 - Paano ka nakasama sa mga taong iyong binanggit?

S8 - Sa gabing yaon ng Hulyo 2, 1988 sa oras siguro na ikawalo habang nasa
liwasang bayan ako ng Timog, Dalupiri Island, Cagayan Province ay nilapitgan ako ng
mga maaaring pagkakakitaan ng maraming pera. Nang magpatumpiktumpik ako sa
kanilang pagyaya ay sinabi nilang papatayin ako at habang sinasabi nila ang bagay
na ito si Bukas Manman ay sumenyas ng pakilid sa kanyang leeg. Dahil sa takot ay
sapilitan akong sumama sa kanila. At sakay ng tamaraw na kulay asul ay pinatakbo ni
Daray Ver ang nasabing sasakyan na pahilaga hanggang dumating kami sa Barangay
Maligaya, Dalupiri Island, Cagayan Province.
T9 - Pagdating ninyo sa nasabing lugar na iyong binanggit, ano ang sumunod na

pangyayari?
S9 - Pagkahinto ng aming sasakyan ay pinaibis ako samantalang silang ay tumuloy
sa Brgy Pine Trees pagkatapoos na inihabilin na basta lumakad lang ako at
magmanman dahil babalikan ako ng alas dos ng madaling araw.
T10 - Bago ko makalimutan, anong oras kayo umalis sa Timog Dalupiri at dumating
sa Maligaya ng gabing yon?
S10 - Umalis kami sa Timog, Dalupiri ng alas otso humigit kumulang at dumating kami
ng pasado alas onse humigit kumulang sa Maligaya.
T11 - Nang nasa lugar ka katulad ng iyong nabanggit ,anong sumunod na nangyari?
Page 61
S11 - Hinuli ako ng mga tao sa nabanggit na lugar at akoy inindorso sa mga pulis sa
krosing papuntang bayan pagkatapos ay itinuloy ako sa bayan.
T12 - Noong gabi ng Hulyo 2, 1988, yon lang ba ang kaunaunahan mong pagsama sa
mga taong binanggit?
S12 - Hindi po. Yon ang pangatlong beses na sumama ako sa kanila.
T13 - Sa dalawang beses na pagsama sa kanila bago ka nahuli sa pangatlo ano ang
inyong ginawa sa pagpunta dito sa bayan ng Dalupiri Island, Cagayan Province?
S13 - Nanloob po kami ng bahay at nagnakaw po.
T14 - Ano ang partisipasyon mo tuwing nanloob kau ng bahay at nagnakaw?

S14 - Tagamasid at tagamanman lang po ako, samantalang ang mga kasama ko na
sina Bukas Manman, Bukas Pinto at Baklas Pinto ang pumapasok sa bahay
samantalang si Daray Ver ay naiiwan sa sasakyan.
T15 - Bilang tagamasid at tagamanman, ano ang napupuna mong ginagawa ng tatlo
na sina Bukas Manman, Bukas Pinto at Baklas Pinto bago sila papasok sa bahay na
inyong pagnanakawan?
S15 - Sina Bukas Pinto at Baklas Pinto ay nakikiramdam sa mga nakatira sa bahay
kung tulog na sila, pagkatapos itong si Bukas Manman and nagbubukas ng pinto sa
pamamagitan ng paggamit ng bareya at pag nabuksan na ang pinto ay papasok na
sila at maghahakot ng mga bagay na aming ninanakaw pagkatapos ay ilalabas na
nila ang aming nanakawin.
T16 - Pagkalabas ng mga ninakaw ninyo, ano ang susunod na gagawin mo?
S16 - Sesenyasan ko ang aming sasakyan na nakaparada sa hindi kalayuan para
lumapit at ikakarga ang mga ninakaw namin.
T17 - Tuwing may nakawan kayo, saan ninyo dinadala ang mga nakaw na bagay?
S17 - Hindi ako sigurado dahil pagdating namin sa Timog Dalupiri ay iiwan ako
samantalang sila'y tutuloy pasilangan at suspetsa akong dinadala nila sa Calayan
Island.
T18 - May taong dinala ng mga kagawad ng pukisya ng opisinang ito na galing sa
Timog Dalupiri, kung ihaharap ko and taong ito sa iyo makikilala mo ba?
S18 - Opo. Iyan ang isang kasama namin sa panloon at pagnanakaw. (Ang
nasasalaysay ay kinilala ang taong ihaharap sa kanya bilang si Bukas Manman)
T19 - Anu-ano ang mga bagay na inyong ninakaw sa mga bahay na inyong
ninakawan?
S19 - Maraming bagay po na kinabibilangan ng mga TV, Stereo cassette, component,
electric fan at marami pang iba.
Page 62
T20 - Magkano naman ang nagiging parte mo sa dalawnag beses na inyong

pagnanakaw?
S20 - Hindi ko matandaan. Ang natatandaan ko ay binigyan lang ako ng limampung
piso sa una, sisenta sa pangalawa at kwarenta sa pangatlo nang ako'y nahuli.
T21 - Wala na akong itatanong, mayroon ka pa bang nais idagdag o aalisin sa iyong
salaysay?
S21 - Wala no po.
T22 - Bago ko makalimutan, sino ang nag-abot sa iyo ng kahulihulihang kwarenta

pesos sa iyo?
S22 - Si Bukas Manman po.
T23 - Kusang loob ka bang pipirma sa iyong salaysay bilang patunay na lahat ng
iyong sinabi ay pawamg katotohanan?
S23 - Opo.
MASID MANMAN
(Nagsalaysay)
NILAGDAAN AT SINUMPAAN sa aking harap ngayong araw ng 13th Hunyo,

1988, sa Dalupiri Island, Cagayan Province, Philippines.

Hukom Tagapamayapa
Page 63

X-----------------------------------------X
J O INT AF F IDAV IT
WE, P/CPL ANDRES MAKISIG, PATROLMAN ZED MAGINOO and

PATROLMAN LAV MASIGLA, all of legal ages, married, and INP members assigned
at INP, Dalupiri Island, Cagayan Province and residents of Poblacion Timog, Brgy
Mapayapa and Brgy Marangal this municipality, respectively, after having been duly
sworn to an oath, hereby depose and say;
That we are the affiants named herein below;
That since June 16, 1988, our station is investigating robbery cases
committed at Brgy Maligaya and Brgy Marangal both this municipality;
That on July 2, 1988, at about 12:00 o'clock midnight, a suspicious person

roaming around at Barangay Maligaya and Brgy Sinag, Dalupiri Island, Cagayan
Province was brought to this station by INP members assigned at Brgy Maligaya
Junction, Dalupiri Island, Cagayan Province;
That for clarification purposes, we invited said person to the places where this
robberies were committed and subject Masid Manman pinpointed the houses whom
they robbed, reenacted how they per penetrated the crime demonstrating all the
details;
That further investigation upon the subject person we were able to apprehend
one of his comparisons by the name of Bukas Manman of Brgy Tala, Timog, Dalupiri
That we executed this affidavit to attest the truthfulness of the foregoing.
FURTHER AFFIANTS SAYETH NONE.
IN WITNESS WHEREOF, we have hereunto affixed our signatures this 13th

day of July, 1988, at Dalupiri Island, Cagayan Province, Philippines.
(SGD) P/CPL ANDRES MAKISIG, INP

(Affiant)
(SGD) ZED MAGINOO, INP

(Affiant)
Page 64
(SGD) LAV MASIGLA, INP

(Affiant)
SUBSCRIBED AND SWORN to before me this ______ day of July, 1988, at

Dalupiri Island, Cagayan Province, Philippines.

Page 65

Department of Health
This is to certify that MASID MANMAN, LEGAL AGE, SINGLE, JOBLESS,

Brgy Tala, Dalupiri Island, Cagayan Province is physically fit and mentally sound with
no complaints of illness and injuries.
This certification is issue, for all legal intents and purposes.
DR. CALO SUGAN, M.D

Municipal Heath Officer
Page 66
SWORN STATEMENT OF BUKAS MANMAN Y KEN GIVEN TO NBI AGENTS ERAP

MAKISIG & MOY TSIKO THIS 14TH DAY OF JULY 1988 AT THE NBI CAGAYAN
VALLEY REGIONAL OFFICE, DALUPIRI ISLAND, CAGAYAN PROVINCE.
x-----------------------------------------x
Question: Mr. Bukas Manman, you are under investigation for alleged armed robbery
at the residence of Mrs. Nina Caoan of Brgy.Maligaya, Dalupiri Island, Cagayan
Province in the early morning of 16 June 1988. Before asking you questions, we are
informing you your constitutional rights, to wit: to remain silent, to be assisted by
counsel of your choice and to be so informed of the charge/s against you. By the right
to remain silent, you need not give any statement nor answer questions which you
think might incrimate you. Any statement given herein is under oath and it maybe
used in evidence against you in any court proceedings. You may engage the service
of counsel to assist you in this investigation. If you wish one but could not afford his
services, a lawyer will be appointed free of charge. Now, do you understand all your
rights as explained? Do you need a lawyer to assist you in this investigation? Are you
willing to proceed with this investigation? Are you willing to give a free and voluntary
statement in this investigation to tell the truth and nothing but the truth?
Answer: Yes, sir. I understand my constitutional rights as you have explained. I need a
lawyer to assist me in this investigation and I am not capable of hiring his services. If
you could afford me a lawyer I would be thankful. In his presence I am willing to give a
free and voluntary statement and to tell the truth and nothing but the truth.
Question: We have asked Atty. Pro Bono Libre, a private practitioner here in
Tuguegarao, Cagayan Province, do you wish to be represented by him in this
investigation? If so, you may confer with him first before we undertake this
investigation.
Answer: Yes, sir. I want Atty. Pro Bono Libre to be counsel in this investigation.
BUKAS MANMAN
Affiant
Assisted and represented by:

ATTY. PRO BONO LIBRE
Counsel
Tuguegarao , Cagayan Province
Signed in the presence of:

(Signed) ______________________________
01. Q - Will you state your name and other personal circumstance?
Page 67
A - BUKAS MANMAN Y KEN, 41 years old born October 24, 1947 at Brgy Tala,
Timog, Cagayan Province, married to Girl Manman, high school graduate at Timog
Academy, Timog Dalupiri, Cagayan Province a farm hand and store helper by
occupation and resident of Brgy. Brgy Tala, Timog, Dalupiri, Cagayan Province.
02. Q - Allegedly, you were one of those suspected armed robbers that victimized Mrs.
Nina Caoan in the early morning of 16 June 1988 at Brgy. Maligaya, Dalupiri Island,
Cagayan Province, is this true?
A - Yes, sir.
03. Q - How were you apprehended or arrested to answer for this crime imputed
against you?
A - I was pointed to by my companion, Masid Manman and was subsequently
apprehended by elements of the Dalupiri Integrated National Police (INP) at the
Pinicpican's Store (Where I am a helper thereof) located at the Public Market of
Dalupiri, Cagayan Province on 12 July 1988 at 10:00 a.m.
04. Q - You seem to admit all criminal responsibilities in the commission of the crime
under investigation, is this voluntary and free form any act, threat, reward, promise or
bodily injuries that would vitiate your free will and consent?
A - Yes, sir, I am doing this admission or confession to put an end to such illegal
activities as I am merely prevailed upon by our leader or master mind, Mr. Daray Ver,
a resident of our place in Brgy Tala, Timog, Dalupiri, Cagayan Province and also
somewhere in Calayan Island.
05. Q - When was the armed robbery committed by you and your companions at the
residence of Mrs. Nina Caoan in Maligaya, Dalupiri Island, Cagayan Province?
A - In the early morning of 16, June 1988, sir, about or between 12:00 midnight to
1:00 a.m.
06. Q - Who were your companions in pulling that crime?

A Baklas Pinto, Bukas Pinto, Masid Manman and Daray Ver.
07. Q - What are the individual addresses or residences of these persons?

A - Baklas Pinto, Bukas Pinto, and Daray Ver are all from Brgy Tala, Dalupiri
Island, Cagayan Province while Masid Manman is from Brgy Sinag, Dalupiri Island,
Cagayan Province.
08. Q - What were your arms used at the time you committed that robbery at the
residence of Mrs. Nina Caoan in Maligaya Dalupiri Island, Cagayan Province?
A - Baklas Pinto, Bukas Pinto were then armed with Cal. 45 pistol, I and Masid
Manman were unarmed.
09. Q - Will you tell us your individual participations in the commissions of the crime?
Page 68
A - Baklas Pinto, Bukas Pinto forced open the front/main door with the use of a
screw bar and were the ones who entered the house while I and Masid Manman
stood in case there are persons coming to the soccer of the victims. Daray Ver, on the
other hand, acted as our driver who parked the Toyota Tamaraw Jeepney type colored
light blue. I cannot recall the license plate Number.
10. Q - Were you able to cart away valuable items from the house of Mrs. Nina
Caoan?
A - Yes, sir.
11. Q - Will you enumerate the items you and your companions carted away from the
house of Mrs. Nina Caoan?
A - One TV set, one Betamax video machine, one set stereo component
consisting of several decks, one mini-component and other items, small ones, which
Baklas Pinto, Bukas Pinto had taken from the house the second time around.
12. Q - How many times did you get back to house to carry the stolen items brought
out by Baklas Pinto, Bukas Pinto?
A - I carried the TV set with Baklas Pinto and Bukas Pinto only once, sir. It was
Baklas Pinto and Bukas Pinto who went back to the house to carry other items.
13. Q - You said a Toyota Tamaraw Jeepney was used in bringing away the items
stolen from Mrs. Nina Caoan's residence, where was that vehicle parked at the time?
A - Near the makeshift hut with galvanized iron roofing along the concrete road
going to Poblacion Timog, Dalupiri Island coming from the National Highway.
14. Q - Where did you pass to reach the vehicle where you all carried those stolen
items from Mrs. Nina Caoan's house?
A - We crossed the rice paddies fronting the house of Mrs. Nina Caoan in order to
reach the vehicle more or less 150 meters away southward.
15. Q - How about the cash in pesos and US dollars lost, did you receive any share
there from.
A - I don't know about the cash money, sir, although I was given by Daray Ver that
same night or early morning when he dropped us (me and Masid Manman) at the
Tree House in Poblacion Dalupiri, Cagayan Province as the three (3) of them (Daray
Ver, Baglas Pinto and Bukas Pinto) proceeded to Calayan Island with the lost.
16. Q - Where is that crew bar used in forcibly opening the front or main door?
A - That crew bar about a meter long and an inch diameter was also taken by us,
sir, and brought by the three (3) in the vehicle.
17. Q - Who planned the robbery at the house of Mrs. Nina Caoan?
A -Daray Ver, Baglas Pinto and Bukas Pinto, sir.
Page 69
18. Q - Will you relate how you involved in this robbery were?
A - At about 10:00 p.m. on that date, I and Masid Manman who were then waiting
for a ride home by the Tree House in Poblacion Timog were picked up by the three (3)
on board that vehicle. Instead of heading home, we drove towards Centro Dalupiri
Island and along the way, we were told that we will rob a house. And it was Mrs. Nina
Caoan's house that we victimized.
19. Q - What do you know of Daray Ver, Baklas Pinto, and Bukas Pinto?
A -They were known to be notorious thieves of large cattle, dogs, goats and
household items.
20. Q - Were you already given your share in the last from the house of Mrs Nina
Caoan?
A - None yet, sir, as they have not returned since then I presumed they have not
disposed of the items.
21. Q - In what place do you think did they hide or dispose of those items stolen?
A - In Calayan Island but I don't know in particular the place thereat.
22. Q - This statement being a confession of your criminal responsibility, do you have
any apprehensions or misgiving?
A -I am apprehensive, sir, that Daray Ver might bend his throat to silence me
forever on the immediate members of my family considering that he even shot his
cousin, Hin San on account of politics last year.
23. Q - Again, this extra-judicial admission of guilt might lead you to conviction and
subsequent penalty by imprisonment and/or indemnity of the stolen items value, are
you aware of this consequence?
A -Yes, sir, I am fully aware of such consequences.
24. Q - Inspite of this knowledge of the consequences of your admission of guilt, are
you still willing to sign this statement freely and voluntarily, in the presence of your
lawyer and witnesses?
A -Yes, sir.
25. Q - Were you coerced, threatened, inflicted with bodily harm or injuries, promise
something in return or reward in making this confession in the presence and being
represented by your lawyer, Atty. Pro Bobo Libre?
A -No, sir.
26. Q - Were you charged, accused or convicted of any crime before any court or law
enforcement agency in the Philippines?
Page 70
A - I had been convicted of Theft before the Municipal Trial Court of Calayan
Island, Cagayan Province sir, but had already served out the probation period granted
me.
27. Q - Meantime, we have no further questions, what more can you say or do you
something to add or delete from this sworn statement?
A -No more, sir.
28. Q - For the last time, are you willing to sign freely and voluntarily this statement
and to swear the truth of all your allegations in the presence and you being
represented by your lawyer, Atty. Pro Bobo Libre?
A -Yes, sir.
============== END OF STATEMENT========================
BUKAS MANMAN
Affiant
Assisted and represented by:

Atty Pro Bono Libre
Counsel
Tuguegarao, Cagayan Province
Signed in the presence of:

_________________________ _______________________________
SUBSCRIBED AND SWORN TO BEFORE ME this 14th day of July 1988 at

the NBI Cagayan Valley Regional Office, Tuguegarao, Cagayan Province.
THOR D. REK
Regional Director
(By authority of RA 157)
CERTIFICATION
This is to certify that we personally examined the Affiant and that we are
convinced that he freely and voluntarily executed the foregoing sworn statement, the
contents of which were faithfully translated the Ilocano dialect he fully know and
understood.
ERAP MAKISIG
MOY TSIKO
BY:
Page 71
(SGD) MOY TSIKO

Sr. NBI Agent
Page 72
PRELIMINARY EXAMINATION CONDUCTED BY THE HON. JUDGE TESS FOROL

ACTING PRESIDING JUDGE IN CRIM. CASE NO. 2565 FOR THE CRIME
ROBBERY TAKEN BY THE STENOGRAPHIC REPORT AT DALUPIRI ISLAND,
CAGAYAN PROVINCE, ON JULY 14, 1988.
================================================================
Preliminary Question: Do you swear to tell the truth and nothing but the whole truth in
this investigation?
Answer: Yes, sir.
Q1: Will you please state you name, age, and other personal circumstance?
A1: MRS. NINA CAOAN, 34 years of age, married, housekeeper and a resident of
Brgy. Maligaya, Dalupiri Island, Cagayan Province.
Q2: Are you the complainant of this case of Robbery?

A2: Yes, sir.
Q3: When were you robbed?

A3: In the early morning of June 16, 1988 between 1:00 o'clock to 2:00 o'clock.
Q4: What were the articles taken from you?

A4: One (1) betamax, one (1) video, one (1) Stereo component with 7 decks, one
(1) stereo portable, one (1) colored TV and cash amounting Php5,000.00
Philippine Currency and three hundred (300) dollars.
Q5: How much is the value of these articles including to that cash amount?
A5: More than Php 100,000.00.
Q6: These appliances taken from you, where did these come from?
A6: Saudi, sir.
Q7: Who is working in Saudi?

A7: My husband sir.
Q8: What is the name of your husband?

A8: Mr. Sadic Caoan, sir.
Q9: Do we understand from you that these appliances were brought home by your
husband from Saudi?
A9: Yes, sir.
Q10: Now, where were these appliances of yours placed before that was taken
away?
A10: They were placed in sale of our house sir.
Page 73
Q11: Where is your location?

A11: Brgy. Maligaya, Cagayan Province, Cagayan Province, sir.
Q12: Who were with you inside your house when you were robbed?
A12: My son and my brother, sir.
Q13: What is the name of your brother?

A13: Utol Da, sir.
Q14: How old is he?

A14: Around 23 years old sir.
Q15: How about your son how old is he?

A15: Ten (10) years old sir.
Q16: Where was your husband at the time you were robbed?
A16: Saudi, sir.
Q17: And up to now still in Saudi?

A17: Yes, sir.
Q18: Did you recognize any person who entered your home at that time?
A18: Inspite of night time I recognized one because he is limping, sir.
Q19: This person who you recognized and according to you he is limping, if you will
see him again will you be able to identify him?
A19: Yes, sir.
Q20: Where did you see him?

A20: Detention (jail) sir.
Q21: Did you come to know his name?

A21: Yes, sir. His name is Bukas Manman.
Q22: Aside from Bukas Manman whom you recognized, was there anybody whom
you recognize?
A22: I only recognized Bukas Manman because he is limping, sir.
Q23: How many persons were there who entered your house?
A23: They are five (5) male persons but if I get right only three (3) of the entered
our house.
Page 74
Q24: How about this person inside the investigation room whose name is Masid
Manman, did you recognize him as one of those persons who entered your
house?
A24: My driver sir.
Q25: What is the name of your driver?

A25: Boy Pogi, sir.
Q26: Where is this driver of yours at the time of robbery?

A26: He was outside the house at the garage carrying with him a flashlight
because of the barking dogs.
Q27: Did you report the latter to any of the barangay officials?
A27: I want directly to the police authorities sir.
COURT:
That would be all.

Affiant
SUBSCRIBED AND SWORN to before this 14th day of July, 1988 at Dalupiri

/vdz
Page 75

DALUPIRI ISLAND CAGAYAN PROVINCE

- versus - for

and BUKAS PINTO,
Accused.
x--------------------------------------------x
ORDER
The Court conducted the necessary preliminary examination to determine the

existence of probable cause by asking witness for the prosecution searching
questions, and the Court finds that probable cause do exists against the accused.
Consideration, however, that accused Masid Manman and Bukas Manman

are now in police custody they shall remain in police custody unless they file the
amount of Php 20,000.00 for their provisional liberty. With respect to the accused
Daray Ver, Baklas Pinto, and Bukas Pinto, let a warrant of arrest be issued for their
apprehension and the same bond is hereby fixed for their provisional liberty.
SO ORDERED.
Dalupiri Island, Cagayan Province, July 14, 1988.

/vdz
Page 76

Department of Health
RURAL HEALTH FAMILY PLANNING CENTER
July 14, 1988
I HEREBY CERTIFY that I personally examined MASID MANMAN, Brgy

Sinag, Timog, Dalupiri, Cagayan Province and BUKAS MANMAN, Brgy Tala, Timog,
Dalupiri, Cagayan Province and found them physically fit and mentally sound with any
illness or injuries.
This certification is issued for all legal intents and purposes.
(SGD) DR. CALO SUGAN, M.D.

Page 77

ACTING PRESIDING JUDGE IN CRIM. CASE. NO 2565 FOR THE CRIME OF
ROBBERY TAKEN BY THE STENOGRAPHIC REPORTER AT DALUPIRI ISLAND,
================================================================
this investigation?
Answer: Yes, sir.
Q1: Will you please state you name, age, and other personal circumstance?
A1: MRS. NINA CAOAN, 34 years of age, married, housekeeper and a resident of
Brgy. Maligaya, Dalupiri Island, Cagayan Province.
Q2: Are you the complainant of this case of Robbery?

A2: Yes, sir.
Q3: When are you robbed?

A3: In the early morning of June 16, 1988 between 1:00 o'clock to 2:00 o'clock.
Q4: What were the articles taken from you?

A4: One (1) betamax, one (1) video, one (1) Stereo component with 7 decks, one
(1) stereo portable, one (1) colored TV and cash amounting Php5,000.00
Philippine Currency and three hundred (300) dollars.
Q5: How much is the value of these articles including to that cash amount?
A5: More than Php 100,000.00.
Q6: These appliances taken from you, where did these come from?
A6: Saudi, sir.
Q7: Why who is working in Saudi?

A7: My husband sir.
Q8: What is the name of your husband?

A8: Mr. Sadik Caoan, sir.
Q9: Do we understand from you that these appliances were brought home by your
husband from Saudi?
A9: Yes, sir.
Q10: Now, where were these appliances of yours placed before that was taken
away?
A10: They were placed in sale of our house sir.
Page 78
Q11: Where is your location?

A11: Brgy. Maligaya, Dalupiri Island, Cagayan Province, sir.
Q12: Who were with you inside your house when you were robbed?
A12: My son and my brother sir.
Q13: What is the name of your brother?

A13: Utol Da ,sir.
Q14: How old is he?

A14: Around 23 years old sir.
Q15: How about your son how old is he?

A15: Ten (10) years old sir.
Q16: Where was your husband at the time you were robbed?
A16: Saudi, sir.
Q17: And up to now still in Saudi?

A17: Yes, sir.
Q18: Did you recognize any person who entered your home at that time?
A18: Inspite of night time I recognized one because he is limping sir.
Q19: This person who you recognized and according to you he is limping, if you will
see him again will you be able to identify him?
A19: Yes, sir.
Q20: Where did you see him?

A20: Detention (jail) sir.
Q21: Did you come to know his name?

A21: Yes, sir. His name is Bukas Manman.
Q22: Aside from Bukas Manman whom you recognized, was there anybody whom
you recognize?
A22: I only recognized Bukas Manman because he is limping sir.
Q23: How many persons were there who entered your house?
A23: They are five (5) male persons but if I get right only three (3) of the entered
our house.
Page 79
Q24: How about this person inside the investigation room whose name is Masid
Manman, did you recognize him as one of those persons who entered your
house?
A24: My driver sir.
Q25: What is the name of your driver?

A25: Boy Pogi, sir.
Q26: Where is this driver of yours at the time of robbery?

A26: He was outside the house at the garage carrying with him a flashlight
because of the barking dogs.
Q27: Did you report the latter to any of the barangay officials?
A27: I want directly to the police authorities sir.
COURT:
That would be all.

Affiant
SUBSCRIBED AND SWORN to before this 14th day of July, 1988 at Dalupiri

/vdz
Page 80
PRELIMARY EXAMINATION CONDUCTED BY THE HON. JUDGE TESS FOROL

ACTING PRESIDING JUDGE IN CRIM. CASE NO. 2565 FOR THE CRIME OF
ROBBERY TAKEN BY THE STENOGRAPHIC REPORTER AT DALUPIRI ISLAND,
================================================================
Preliminary Question: Do you swear to tell the truth and nothing but the truth in this
investigation?
Answer: Yes, sir.
Q1: Will you please state your name, age and other personal circumstance?
A1: Masid Manman, 30 years of age, single and resident of Brgy Sinag, Timog,
Dalupiri, Cagayan Province.
Q2: Are you the same Masid Manman who executed his affidavit in this case
admitting his participation in the commission of the crime of Robbery?
A2: Yes, sir.
Q3: Who investigated you or to whom did you give this statement of yours?
A3: P/CPL Andres Makisig of the Police force of Dalupiri Island, Cagayan
Province.
Q4: When you gave this statement of yours, were you forced, coerced, or
intimidated in giving your statement?
A4: No sir. I gave my statement voluntarily.
Q5: Were you not bitten by force in giving this statement of yours?
A5: No sir.
Q6: You were not threaten or intimidated in giving your statement?

A6: No sir.
Q7: In this statement of yours, there's a signature appearing above the type
written name Masid Manman, is that your statement?
A7: Yes sir.
Q8: And you gave your answer also in Tagalog?

A8: Yes sir.
Q9: In one of the question profounder to you by the investigator, you were asked
who were your companions and your answer was: sina Baklas Pinto, Bukas
Pinto, Daray Ver at isang nagngangalang Bukas Manman, was this question
to you and you give this answer?
A9: Yes sir.
Page 81
Q10: This Bukas Manman you mentioned do you know if he has any physical
differences?
A10: Yes sir. He is limping.
Q11: There is a person whose name is Bukas Manman presently detained at the
municipal jail, is this same Bukas Manman you mentioned in your affidavit as
one of your companions?
A11: Yes sir.
Q12: The driver of that vehicle, do you know his name?

A12; Yes sir.
Q13: That is his name?

A13: Daray Ver sir.
Q14: Will you describe him?

A14: He is tall and slim sir.
Q15: Is he the owner of the Ford Fierra you rode that evening?
A15: Yes sir.
Q16: Your companions were armed with deadly weapon such as firearms of
different caliber?
A16: Yes sir.
Q17: Where you given share from the process of the article taken from the
complainant?
A17: Yes sir.
Q18: How much?

A18: Php 40.00 sir.
Q19: Are you willing to sign this statement of yours?

A19: Yes sir.
COURT: THAT WOULD BE ALL.
(SGD) MASID MANMAN

Affiant
Page 82

MUNICIPALITY OF DALUPIRI )
COUNTER AFFIDAVIT
I, BUKAS MANMAN, of legal age, married, Filipino, and a resident of Brgy

Tala, Timog, Cagayan Province, after having been duly sworn to in accordance with
law, do hereby depose and say:
1. That I am one of the accused in the above - entitled case docketed as

Crim. Case No. 3565, entitled "People of the Philippines versus Bukas Manman,
Masid Manman, Daray Ver, Baklas Pinto and Bukas Pinto" now pending preliminary
investigation before the Municipal Trial Court, Dalupiri Island, Cagayan Province
before Hon. Trial Judge Tess Forol;
2. That I vehemently deny the accusation against me for being void of

Pactual basis and that my alleged participation was a product of mere suspicion and
by the incriminatory imputation by one of accused, Masid Manman, who is not ever
known to me personally;
3. That the truth of the matter is that at the matter is that at the time of the
incident alleged on June 16, 1988 at around 1:00 to 2:00 o'clock A.M. I was at our
house in Brgy Tala, Timog, Cagayan Province with my wife and seven (7) children
sleeping;
4. That I am executing this counter-affidavit to tell the proper authorities

concern especially the Hon. Municipal Trial Judge, that the charged against me as
one of those involved in the alleged robbery was purely incriminatory on my part
involvement as a suspect be dismissed.
IN WITNESS WHEREOF, I have hereunto set my hand this 2nd day of

August, 1988 at Brgy Pine Trees, Calupiri, Cagayan Province.
(SGD) BUKAS MANMAN

Accused
SUBSCRIBED AND SWORN to before me this 2nd day of August, 1988 at

Brgy Pine Trees, Cagayan Province.
(SGD) POL JUSTIN

2ND ASST. PROVINCIAL FISCAL
Page 83


- versus - for

and BUKAS PINTO,
Accused.
x--------------------------------------x
RESOLUTION
This is a case of Robbery where the amount involved is more than

Php100,000.00 which falls within the jurisdiction of the 1985 Rules on Criminal
Procedure, subpoena was is issued requiring the accused to submit their counter
affidavit within ten (10) days from receipt. Accused Daray Ver, Baklas Pinto, and
Bukas Pinto, could not be served with subpoena because according to the return said
person could not be located within City with unknown address, so that they could not
be served by subpoena.
Accused Bukas Manman submitted him counter affidavit. In his counter

affidavit, he vehemently denies the accusation alleged participation was a product of
mere suspicion and by the incriminatory imputation by of the accused, Masid Manman
which is not even known to him personally. He claimed that at around 1:00 o'clock to
2:00 o'clock in morning of June 18, 1988, he was in their house with his wife and his
seven (7) children sleeping. That is the affidavit of the accused Bukas Manman.
With respect to three (3) other accused namely: Daray Ver, Baklas Pinto, and
Bukas Pinto, the 1985 Rules on Criminal Procedure provides that if the respondents
could not be subpoenaed or even if subpoenaed do not file their counter affidavit, the
investigating officer of the complainant.
In the affidavit of the complainant, Mrs. Nina Caoan, she claimed that on the
16th day of June, 1988, she was robbed of her appliances. In narrating the incident,
she claimed she was then sleeping in her room together with her children and she
was awakened by cracking noise of their main door situated at the eastern part of
their house. After a couple of minutes, she sensed that somebody entered their sala
but she remained silent on her bed for the fear that if she open the door of her room to
Page 84
see who is inside the sala of their house, something might happened to her including
her housemates. When she regained composure, she stood up and peeped through
the eastern window of her room and she saw three (3) male persons one of them
limping carrying outside towards the northeastern barbed wire fence of their yard just
opposite their glass window from where she was sleeping. After carrying the loots
outside, two (2) of the three(3) men went outside towards the road while the limping
man remained inside their yard and lifted the appliances one at a time, passing them
over the barbed wire fence, while the two (2) men were already outside the fence.
After all the loots were at the road east of their house, a vehicle coming from the south
of the road stopped at the place where the loots were and boarded the vehicle, after
which the limping man went outside their fence and boarded the vehicle with his
companions and left. She claimed that she recognized the limping man. She claimed
that the same as carrying firearm. She identified the accused to be limping man
because of the flashlight which was focused to the group when the driver of the
vehicle flashed at them.
Attached to the complaint is the sworn statement of the accused Masid

Manman which was given in the national language, implicating the other accused by
the name Baklas Pinto, Bukas Pinto, and Daray Ver and one Bukas Manman all from
Brgy Tala, Timog, Dalupiri, Cagayan Province while Daray Ver is living at Calayan
Island. He narrated how the incident took place. He claimed that his participation in
the robbery is only as lookout while his companions, Baklas Pinto, Bukas Pinto, and
Bukas Manman entered the house while Daray Ver waited in the vehicle. Their
companions were the ones who opened the door by using crewbar. Whether this
confession of Masid Manman is admissible in evidence or not is up to the Court that
has jurisdiction but for purposes of preliminary investigation this confession taken by
the Court to prove prima Facie case against the accused.
There being no affidavit presented by the accused Daray Ver, Baklas Pinto,
and Bukas Pinto the Court believes the prima facie case do exist to warrant the
prosecution of this case against the accused. Let the record of this case be forwarded
to the fiscal's office for the filing of the necessary information pursuant to the mandate
of the 1985 rules on criminal procedure.
SO ORDERED.
Dalupiri Island, Cagayan Province 17th day of October, 1988.

alx/vdz
Page 85
Pagalagalang mga paa.

Malilikot na mga mata.
Naghihintay ng pagkakataon
na gumawa ng masama
Page 86

PEOPLE OF THE PHILIPPINES, CRIMINAL CASE NO. 4543

PLAINTIFF,
- versus - FOR
PAPA GALA Y GALA, VAGRANCY

CARA PAGNA Y PAGNA.
ACCUSED.
Address: Centro, Iroo Island
x----------------------------------------x
CRIMINAL COMPLAINT
The undersigned Chief of Police Dalupiri Island Police Station, Dalupiri Island,
Cagayan Province, after having sworn to law, accuses PAPA GALA Y GALA and
CARA PAGNA Y PAGNA of the Crime of Vagrancy committed as follows:
That on the 30th day of August 2002 at Barangay Maligaya, Dalupiri Island,
Cagayan Province and within the Jurisdiction of this Honorable Municipal Trial Court
the above-named accused did there and then willfully, unlawfully and feloniously
without any reasonable means of support, loiter roamed around the vicinity of Brgy.
Maligaya and Patac, Dalupiri Island, Cagayan Province, were series of robbery and
thieveries committed which is violation of Vagrancy Law.
Contrary to Law.
Dalupiri Island, Cagayan Province, August 30, 2002.
(SGD) TINO MATINO

Police Senior Inspector
Chief of Police
WITNESSES:
1. Joint Affidavit of SPO2 Pedro San Calungsod & PO1 Lorenzo San Ruiz
2. AND OTHERS
Page 87


RECEIVED AND FILED before me this 30th day of August 2002.

Clerk of Court
Page 88

MUNICIPAL TRIAL COURT ) S.S
x------------------------------------------x
JOINT AFFIDAVIT
WE, SPO2 PEDRO SAN CALUNGSOD, PO1 LORENZO SAN RUIZ, both of
legal age, married and incumbent PNP members of Dalupiri Island, Cagayan Province
Police Station, Dalupiri Island ,Cagayan Province after duly sworn to in accordance
with law, hereby depose the following to wit:
That on the 30th day of August 2002, that around 2:00 o'clock in the morning,
we SPO2 Pedro San Calungsod and PO1 Lorenzo San Ruiz were then conducting
mobile patrol along the national hi-way at Brgy Maligaya, Dalupiri Island, Cagayan
Province, two unidentified person noticed by us hiding on a fence near the Piggy-
River Bank located at said place;
That right then we alighted, checked and confronted the two male person and
requested any legal document of their identification card but was not produced;
That further investigation conducted on said person revealed that they could
not state with a certainly their law full purpose in this place and further failed to show
any legal documents of their identification;
That we invited the two male person for further questioning at Dalupiri Island,
Police Station, Dalupiri Island, Cagayan Province and identified themselves as one
PAPA GALA Y GALA and CARA PAGNA Y PAGNA both resident of Centro, Iroo
Island.
That we are executing this affidavit attest the truthfulness of the foregoing
facts and circumstance and with all legal intent and purposes;
IN WITNESS WHEREOF, we set our hand this 30th day of August 2002 at
(signed)
SPO2 PEDRO SAN CALUNGSOD
Senior Police Officer 2
Chief Investigator
(signed)
PO1 LORENZO SAN RUIZ
Police Officer 1
Page 89
PCR PNCO


Page 90
PRELIMINARY QUESTIONS AND ANSWERS CONDUCTED BY THE HON. COURT

BEFORE JUDGE HON JUDGE TESS FOROL IN CRIMINAL CASE NO. 3454 FOR
VAGRANCY ON THE WITNESS FOR THE PROSECUTION, PEDRO SAN
CALUNGSOD, THIS 30th DAY OF AUGUST, 2002, AT MTC-DALUPIRI ISLAND,
CAGAYAN PROVINCE INTERPRETED BY THE COURT INTERPRETER I (Miss
Salin Wika) AND TAKEN BY THE UNDERSIGNED COURT STENOGRAPHER I (Miss
Parta C. Surat)
=========================================================
PRELIMINARY Question: Do you swear to tell the truth and nothing but the whole
truth in this investigation?
Answer: Yes, sir.
Q1: Will you state your name, age, and other personal circumstances?
A1: PEDRO SAN CALUNGSOD, 53, years of age, married, member of the PNP,
Stationed at PNP, Dalupiri Island, Cagayan Province and a resident of West,
Q2: There is here a joint affidavit submitted to this Court by Police Officers Pedro
San Calungsod and Lorenzo San Ruiz, are you same with Pedro San
Calungsod, one of the affiant?
A2: Yes, sir.
Q3: In your joint affidavit you are stating among others that sometime on August
30, 2002 at about 2:00 o'clock dawn together with your companion PO1
Lorenzo San Ruiz while conducting patrol along the highway particularly in
Brgy Maligaya, Dalupiri Island,Cagayan Province you saw two unidentified
persons near the Piggy-River Bank, is this true?
A3: Yes sir.
Q4: What did you do when you saw them?

A4: We tried to confront them, why they were in that said place. We suspected
that they are not from this place and so we invited them to go with us in our
office for further questioning.
Q5: When you confronted them at the Police Station, were you able to get their
identity?
A5: Yes sir.
Q6: And where are these two persons today?

A6: They were under our custody sir.
Q7: Did you ever come to know who were they?
Page 91
A7: Yes sir.
Q8: Who were they?

A8: Papa Gala Y Gala and Cara Pagna Y Pagna.
Q9: In this joint affidavit above the type written name Pedro San Calungsod, is a
signature, whose signature is this?
A9: That is my signature sir.
Q10: Before you sign it, did you read the contents of your affidavit?
A10: Yes sir.
Q11: Do you confirm that everything you stated in your joint affidavit are true and
correct to the best of your knowledge and ability?
A11: Yes sir.
Q12: Are you willing to sign the statement here in court?

A12: Yes sir.
(SCD-TSN) : PEDRO SAN CALUNGSOD

Affiant
================================================================
I HEREBY CERTIFY TO THE CORRECTNESS OF THIS FOREGOING

MTC - COURT STENOGRAPHER I
/vdz
Page 92
PRELIMINARY QUESTIONS AND ANSWERS CONDUCTED BY THE COURT IN

CRIM. CASE NO 3454 FOR VAGRANCY ON THE WITNESS FOR THE
PROSECUTION, LORENZO SAN RUIZ, BEFORE JUDGE TESS FOROL IN MTC
DALUPIRI ISLAND, CAGAYAN PROVINCE INTERPRETED BY THE COURT
INTERPRETER I (Miss Salin Wika) AND TAKEN BY THE UNDERSIGNED COURT
STENOGRAPHER I (Miss Parta C. Surat).
================================================================
PRELIMINARY Question: Do you swear to the truth and nothing but the whole truth in
this investigation?
Answer: Yes sir.
Q1: Will you state you name, age, and other personal circumstance?
A1: LORENZO SAN RUIZ, 27 years of age, married, PNP member and a resident
of Brgy. Camatchile, Dalupiri Island, Cagayan Province.
Q2: Are you one of the Police Officer that executed their joint affidavit , Lorenzo
San Ruiz?
A2: Yes sir.
Q3: In your joint affidavit, you are stating among others that you were on your
regular duty patrolling at the highway on August 30, 2002 at 2:00 o'clock in
the morning?
A3: Yes sir.
Q4: And you also stated that you're together with SPO2 Pedro San Calungsod, is
that correct?
A4: Yes sir.
Q5: What happened on that particular day and hour?

A5: While we were conducting patrol, we notice two persons near the vicinity of
the Piggy-River Bank, Brgy Maligaya, Dalupiri Island, Cagayan Province.
Q6: What did you do when you noticed two persons walking in that area?
A6: We confronted them and we demanded their personal identity or ID, sir.
Q7: Did they present their IDs to you?

A7: None sir.
Q8: When they did not present their ID to you, what did they do?
A8: We invited them to the police station for further questioning sir.
Q9: Will you identify these two persons whom you saw at the highway near the
Piggy-River Bank?
Page 93
A9: Papa Gala Y Gala, and Cara Pagna Y Pagna.
Q10: From where are they?

A10: Centro, Iroo Island, sir.
Q11: In this connection in you joint affidavit, is a type written name Lorenzo San
Ruiz, who is this Lorenzo San Ruiz?
A11: I sir.
Q12: Before anything else, did you read your joint affidavit?
A12: Yes sir.
Q13: Above the type written name, Lorenzo San Ruiz is a signature, whose
signature is this?
A13: I sir.
Q14: Do you confirm that everything you stated in your affidavit are true and correct
to the best of your knowledge?
A15: Yes sir.
Q16: That is all, are you willing to sign your statement here in Court?
A16: Yes sir.
(SGD - TSN): LORENZO SAN RUIZ

Affiant
================================================================

MTC - Court Stenographer I
/vdz
Page 94

SUPREME COURT

PLAINTIFF,
- versus - FOR

CARA PAGNA Y PAGNA.
ACCUSED.
x--------------------------------------x
ORDER
The Police of Dalupiri Island, Cagayan Province filed a Vagrancy case against
two (2) unidentified persons but later identified to be from Centro, Iroo Island namely:
Papa Gala Y Gala & Cara Pagna Y Pagna. These Police Officer in their sworn affidavit
stated that the accused were walking along the national highway near the Piggy-River
Bank at 2:00 o'clock in the morning without any good reason. When asked why they
were in that area at this hour, they could not talk or identify themselves. In fact they
have no identification card at that time.
Considering that these people are from a distant are roaming along in Dalupiri
Island, Cagayan Province at that hour without any good reasons whatsoever, and
evaluating the affidavit of the police/prosecution witnesses, there exists a probable
cause. Being strangers from Dalupiri Island, Cagayan Province there's a need to
place them under the custody of the authority. The amount of of Php 1,000.00is
therefore fixed for each of them to post for their provisional liberty during the
pendency of the case. In the meantime, set the arraignment of the accused on
Monday, September 2, 2002 at 1:30 o'clock in the afternoon.
SO ORDERED.
Dalupiri Island, Cagayan Province August 30, 2002.

alx/vdz
Page 95


PLAINTIFF,
- versus - FOR

CARA PAGNA Y PAGNA.
ACCUSED.
x---------------------------------------x
SUBPOENA
(Symmary Procedure)
To: Papa Gala

Cara Pagna
Centro, Iroo Island
GREETINGS:
You are hereby summoned and commanded to appear before the Municipal
Trial Court of Dalupiri Island, Cagayan Province and submit your counter-affidavit
within ten (10) days from receipt of this summon together with the affidavits of your
witnesses. Sec. 14 of the Rule on Summary Procedure, no witnesses shall be allowed
to testify unless he has previously submitted an affidavit in Court. Failure on your part
to submit your counter-affidavit as provided for by the Summary Rules, this Court
would be constrained to proceed with the trial and will not allow you and your
witnesses to testify.
WITNESS the HON. JUDGE TESS FOROL, Presiding Municipal Trial Judge
of Dalupiri Island, Cagayan Province this 30th day of August, 2002.

MTC - Clerk of Court
The Junior Process Server

Municipal Trial Court
Page 96
Request service of the foregoing subpoena (summary procedure) and

returning the original of the same to this office with your corresponding notation of
action taken thereon.

Clerk of Court II
/ebc
02-12-98
Page 97


PLAINTIFF,
- versus - FOR

CARA PAGNA Y PAGNA.
ACCUSED.
x------------------------x
CERTIFICATE OF ARRAINMENT
This 21st day of September, 2012 the undersigned states: That in open Court
in the presence of the Municipal Trial Judge, HON JUDGE TESS FOROL, the
folllowing accused Papa G. Gala & Cara P. Pagna assisted by Atty. Pro Bono Libre
Counsel de oficio was called and having been informed of the nature of the
accusation filed against him/her/them, by reading the complaint thereof including a list
of witnesses, said accused in answer to the question of the Court, pleaded GUILTY to
the crime charged in said complaint.
TO WHICH I CERTIFY.

MTC - Clerk of Court II
(SGD) Papa G. Gala

Accused
(SGD) Cara P. Pagna

Accused
(signed)
Counsel de Oficio
Page 98

SUPREME COURT

PLAINTIFF,
- versus - FOR

CARA PAGNA Y PAGNA.
ACCUSED.
x--------------------------------x
DECISION
Accused when arraigned today assisted by their counsel de oficio Atty. Pro
Bono. The complaint was read to them in Ilocano dialect which they understood very
well. The government is represented by the Chief of Police of PNP, Dalupiri Island,
Cagayan Province. When arraigned, they pleaded Guilty to the crime charged against
them. Their counsel de oficio explained to them the meaning of their plea of guilt and
when explained to them, they confirmed and affirmed their plea of guilt to this Court. In
view of this, Atty. Bono manifested in Court that considering the mitigating
circumstance of their plea of guilt to impose the most minimum penalty of the crime
charged.
Considering the manifestation of Atty. Bono to be in order and considering the

plea of guilt of the accused, the Court imposes upon them the minimum penalty of
Php 50.00 each to be paid immediately. Accused having been fined and paid their fine
in consonance with the decision of this Court, the police of Dalupiri Island, Cagayan
Province are hereby ordered to release the accused immediately upon receipt of this
order.
SO ORDERED.
Given in open Court this 2nd day of September, 2002 at Dalupiri Island,
Cagayan Province.

alx/vdz
Page 99
Yosi sigarilyo
Para kang shabu
Nang dahil sa iyo,
Naging magnanakaw ako
Page 100

DALUPIRI ISLAND, Cagayan Province

Plaintiff,
for
versus
KUHA TINDA @ DUKOT, THEFT

Address, Brgy. Mapayapa,
Dalupiri Island, Cagayan Province,
Accused.
x----------------------------------------------------x
CRIMINAL COMPLAINT
The undersigned Station Commander of the Dalupiri Island Police Station,

Cagayan Province, Philippines, after having been duly sworn to an oath in accordance
with law, accuses KUHA TINDA @ DUKOT of Brgy Mapayapa, Dalupiri Island,
Cagayan Province, of the crime of THEFT, committed as follows;
That on or about February 13, 1989, between ten o'clock and eleven o'clock
in the evening and within the jurisdiction of this Honorable Trial Court, the above-
named accused, with intent to gain did then and there wilfully, unlawfully and
feloniously entered the house particularly the store of the complainant, steal and
carted away assorted cigarettes to wit; one (1) pack Yosi Brand #1, one (1) pack Yosi
Brand #2 (long), one (1) pack Yosi Brand #3 (short) and one (1) pack Yosi Brand #4
and others valued more or less Forty (40.00) Pesos Philippine Currency, without the
consent of the owner hereof, to the damage and prejudice of said owner in the
amount of money stated above.
Contrary to law.
Dalupiri Island, Cagayan Province, Philippines, February 16, 1989.
(SGD) PILAK SILVERBULLET

P/SGT INP
Station Commander
Page 101
Witnessed:
1. Manong S. Bi-em, Brgy Mapayapa, Dalupiri Island, Cagayan Province.

2. Ate S. Bi-Em Brgy Mapayapa, Dalupiri Island, Cagayan Province.
3. Ina Yaban, Brgy Mapayapa, Dalupiri Island, Cagayan Province.
4. And others Brgy Mapayapa, Dalupiri Island, Cagayan Province.
SUBSCIBED AND SWORN to before me this 20th day of February 1989, at


Page 102
STATEMENT OF MR. MANONG BI-EM Y SARISARI, 77 YEARS OLD, MARRIED,

SANGGUNIANG BAYAN MEMBER OF DALUPIRI ISLAND, CAGAYAN PROVINCE,
RESIDENT OF BRGY MAPAYAPA, DALUPIRI ISLAND, CAGAYAN PROVINCE,
TAKEN BY PFC PAUL S. MAGINOO, INP, DUTY INVESTIGATOR, THIS 14TH DAY
OF FEBRUARY, 1989 AT THE OFFICE OF THE INVESTIGATION SECTION,
DALUPIRI ISLAND INP, IN THE PRESENCE OF P/CPL MA GALANG AND
PATROLMAN TADO ASIN. QUESTION AND ANSWER WERE ASK IN ILOCANO
DIALECT AND WAS TRANSLATED INTO ENGLISH DIALECT BY THE SAME
INVESTIGATOR.
-----------------------------------------------------------------------------------------------------------------
Affiant was duly appraised of his Constitutional Rights under the New Constitution of
the Republic of the Philippines, relative to the giving of his statement.
AFFIDAVIT
Q1: Will you please state your name, age, and other personal circumstances?
A1: Manong Bi-Em Y Sarisari, 77 years old, married, a Sangguniang Member of
Q2: You said that you are Sangguniang Member, when did you assumed in that
position?
A2: I was elected as Sangguniang Bayan Member after the local election and up
to the present sir.
Q3: What cause your presence at this Office this 14th day of February 1989?
A3: To give my statement relative to the incident happened inside our store
located at the ground floor of our house at the same time, to file a complaint
sir.
Q4: To whom you are filing your complaint?

A4: Against one Kuha Tinda, of Brgy. Mapayapa, Dalupiri Island, Cagayan
Province.
Q5: Why are you filing a complaint against the person you stated above?
A5: Because he enter our house particularly our sari-sari store and steal/carted
away assorted cigarette and others sir.
Q6: When and where did this incident happened?

A6: At Brgy Mapayapa, Dalupiri Island, Cagayan Province, inside our house at
around between ten and eleven o'clock in the evening February 13, 1989, sir.
Q7: Will you narrate to me how the incident happened?
Page 103
A7: We were then sleeping inside the room of our house located at the aground
floor, when all of a sudden at around between ten and eleven o'clock in the
evening February 13, 1989, I was awakened by a noise coming from the
second floor. I went upstairs to investigate bringing with me a flashlight and
when I am already up stairs I switch on the electric light. Upstairs, I found out
no untoward incident happened, so I prefer to go down. But when I am about
to step down the stairs, I noticed a person hiding south of the stairs. I confront
him what he is doing there, and when he stood up, I identified him as Kuha
Tinda. At that juncture, he prompted me to embrace, but I step behind sensing
that he may harm me, but then he (Kuha Tinda) asked apology from me, after
which I order him to go outside my house. Moment later, many people were
already around and one of which is Tito Tiyuhin, the uncle of Kuha Tinda. I
turned over him to his uncle Tito Tiyuhin, after which Ina Yaban is about to
accompany to the Police to report the incident. When we are about to report
the incident to the Police, I was informed that said Kuha Tinda is already
missing, we then proceed to the Police Station.
Q8: Where did he gain entrance in entering your house?

A8: He gains entrance at the eastern part of my house leading to the stair and if
going north to the store, sir.
Q9: Any way, what are those things/ items lost?, and how much is the cost?
A9: One (1) pack of Yosi Brand #1, one (1) pack of Yosi Brand #2, One (1) pack of
Yosi Brand #3 (short) and one (1) pack of Yosi Brand #4 and other with more
or less valued at Forty Pesos (P40.00), sir.
Q10: How did you recognize Kuha Tinda, while in fact it is night time?
A10: I focused to him my flashlight sir, and also it is too bright because he is inside
my house and the electric light was on.
Q11: I have no more to ask you this moment, do you have some more to add in
your statement?
A11: No more, sir.
Q12: Are you willing to sign your statement?

A12: Yes, sir.
(SGD) MANONG S. BI-EM

(Affiant)
SUBSCRIBED AND SWORN to before me this 20th day of February, 1989, at Dalupiri
Island, Cagayan Province, Philippines.
Page 104

Page 105

PROVINCE OF CAGAYAN )
X-----------------------------X
AFFIDAVIT
Q1: Will you please state your name, age and other personal circumstances?
A1 Ina Yaban Y So, 43 years old, married, resident of Brgy. Mapayapa, Dalupiri
Q2: On the night of February 13, 1989, at around between ten and eleven o'clock
in the evening, do you remember where were you?
A2: Yes sir, I was at our house at Brgy, Mapayapa, Dalupiri Island, Cagayan
Province.
Q3: On that precise time and date stated above, do you know of an untoward
incident happened at your barangay?
A3: There was, sir.
Q4: What was that untowards incident you are referring to?
A4: That Mrs. Ate S. Bi-em is shouting asking for help.
Q5: When and where did this incident happened?

A5: February 13, 1989, at around ten and eleven o'clock in the evening at their
house at Brgy. Mapayapa, Dalupiri Island, Cagayan Province.
Q6: What did you do when you heard Mrs. Ate S. Bi-em asking for help?
A6: I went to their house and there I found already a lot of people and later I have
known that Kuha Tinda robbed the house of Sangguniang Bayan and Mrs. Ate
S. Bi-em, of assorted items being sold at their house.
Q7: You said that you have known later that time the house of Mr. Manong S. Bi-
em was robbed by Kuha Tinda, what particular part of the house was robbed?
A7: It was their sari-sari store, because their store was located at the ground floor
of their house.
Q8: What other things you did in relation to the incident if any?
A8: That when I look inside their house, I saw Kuha Tinda asking apology from
Manong S. Bi-Em and then turned-over Kuha Tinda to his uncle Tito Tiyuhin,
afterwhich I accompanied Mr Manong S. Bi-Em report the incident to the
Police authorities.
Q9: What did the Police do your report?
Page 106
A9: INP personnels proceeded to the house of Mr Manong S. Bi-Em and

verify/investigate the incident, but Kuha Tinda is already missing.
Q10: Do you have more something to add in your statement?

A10: That the INP personnels responded picked/gathered the scattered pack of
Yosi Brand #2 (long), one (1) pack Yosi Brand #3, one (1) pack Yosi Brand #4
(short) and one (1) pack Yosi Brand #1, sir.
Q11: What others if any?

A11: No more sir.
Q12: Are you willing to sign your affidavit?

A12: Yes, sir.
(SGD) INA YABAN

(Affiant)
SUBSCRIBED AND SWORN to before me this 20th day of February, 1989, at


Page 107

ACTING MUNICIPAL TRIAL JUDGE IN CRIM. CASE NO. 2581 THIS 20th DAY OF
FEBRUARY, 1989 AT DALUPIRI ISLAND, CAGAYAN PROVINCE TAKEN BY THE
UNDERSIGNED STENOGRAPHIC REPORTER.
******************************************************
this investigation?
Answer: Yes, sir.
Q1: Will you please state your name, age, and other personal circumstances?
A1: MANONG BI-EM Y SARISARI, 77 years old, married, a Sangguniang Bayan
Member of Dalupiri Island, Cagayan Province and a resident of Mapayapa,
Q2: Do you know the accused in this case Kuha Tinda?

A2: Yes sir. My neighbor .
Q3: Are you the complainant in this case of Theft against Kuha Tinda?
A3: Yes sir.
Q4: What did he steal?

A4: Four (4) boxes of cigarettes sir.
Q5: From where did he take those 4 boxes of cigarettes?

A5: At our canteen sir.
Q6: When did he take these 4 boxes of cigarettes?

A6: February 13, 1989 sir.
Q7: Where were you when the accused went to your canteen and took these four
boxes of cigarettes?
A7: We were then inside our room sir.
Q8: What were you then doing inside your room?

A8: We were then sleeping sir, because it was then between 10:00 to 11:00
o'clock in the evening.
Q9: How did you notice that the accused was taking away those cigarettes inside
your store?
A9: While we were then sleeping, we heard sound of footsteps in the second floor
of our house.
Page 108
Q10: When you heard footsteps in the second floor of your house, what did you
do?
A10: I got my flashlight and I went directly to the place where I heard the sounds of
footsteps.
Q11: Where were these cigarettes placed?

A11: At our canteen sir in the ground floor.
Q12: By the way, do you know the accused passed in gaining entry?
A12: He passed to the ceiling because our house had no ceiling sir.
Q13: Now when you directed your flashlight toward the direction where you heard
the sound of footsteps, what did you see?
A13: At first I directed my flashlight toward the room because our house have three
(3) rooms but I did not see anybody and when I did not see anybody I was
about to go down but when I directed towards the stairs I saw a person hiding.
Q14: What did you do when you saw that person?

A14: I was not able to recognize him because he was hiding sir.
Q15: When you were not able to recognize him what did you do?
A15: I tried to get something within which to touch him and to recognize him but he
tried to stood up and said, "I am the one grandfather, forgive me", because
that was his second time he did it.
Q16: How much was the value of the cigarettes he took?

A16: Php40.00 to Php50.00 sir.
Q17: Were those cigarettes taken from his position?

A17: He himself brought out those items he stole sir.
Q18: What did you tell him?

A18: He was apologizing because he is ashamed. But I said and told to him, "go
out".
Q19: How old is he now?

A19: About 19 to 20 years old, sir.
COURT: THAT WOULD BE ALL
*******************************************************************
Page 109

TRANSCRIPT OF MY STENOGRAPHER NOTES TO THE BEST OF MY

MTC-Stenographic Reporter
Page 110

IN THE MUNICIPAL TRIAL COURT
(Court)
MUNICIPALITY/CITY OF DALUPIRI ISLAND PROVINCE OF CAGAYAN

___________________
Case No. 1852

THE PEOPLE OF THE PHILIPPINES, |
Complainant | for THEFT
|
versus |
| WARRANTOF ARREST
KUHA TINDA @ DUKOT, |
Accused. |
TO ANY OFFICER OF THE LAW:
GREETING:
You are hereby commanded to arrest KUHA TINDA @ DUKOT who is (or are)
said to be at ______________ and who is (or are) charged before me with the crime
of Theft and to bring him (her or them) before me as soon as possible to be dealt with
according to law.
The bail for his (her or their) temporary liberty is hereby fixed Php 600.00
each, which may be furnished by him (her or them) either (a) by depositing the
amount of the bond in the office of the municipal/city where the accused is (or are)
arrested, and the receipt therefore forwarded to this Court, or (b) by purchasing the
proper money order made payable to the order of this court and sent to the same
Court, or (c) by a personal bail bond for double the amount therein fixed executed by
two or more solvent bondsmen who are either freeholders or householders and
residents in the Philippines to be determined either by the Judge of the Regional Trial
Court of the Judicial Region or by the Judge of MeTC/MuTC/MCTC of the
municipal/city where the accused may be arrested, who are hereby authorizes to
approve either none of said bonds, and to order the provisional liberty of the accused
immediately thereafter, and who shall forward to this Court all the papers of the
proceedings.
Given under my hand and the seal of the Court this 21st day of February,
1989.
Page 111

Acting Presiding Judge
Note: Please take note that under Sec. 4 of the Rule 113 of the 1985 rules on Criminal
Procedure, you are enjoined to cause the execution of this Warrant of Arrest within ten
(10) days from receipt hereof and have the Warrant Officer make return thereof ; also
within ten (10 days of service, otherwise, state the reason for failing.
Page 112
RETURN OF WARRANT OF ARREST
On this date I received this warrant of arrest and it was served by arresting
the accused mentioned therein and bringing him (her or them), before the court to be
dealt with according to law, or it was not served because the accused, according to
reliable information, is (or are) at present _________________________, Province of
_________________________________________________________ and beyond
the territorial jurisdiction of this municipality/city (Cross out either one of the above
statements as the case may be.)
_______________________________, ______________________________, 19__
_____________________________
Sheriff
Sheriff Fees p___________________ By__________________________________

Deputy Sheriff
*****************************************************************===========***************
IN THE REGIONAL TRIAL COURT OF ____________________________________
___________________________________
(Judicial Region)
I HEREBY CERTIFY that, in my opinion, the interests of justice require that

this warrant or executed either in the province in which it was issued or in any other
province of the Philippines,_______________________________________, this
________________ day of ____________________, 19__
___________________________________
Judge, ______ Judicial Region
Note- See Section 217, Administrative Code,

18-----------354
Page 113
Return of Service
3-8-89
Respectfully returned to the Court the foregoing Warrant of Arrest w/ the information
the subject person is out of Town, as subject with unknown address.
(SIGNED BY THE MESSANGER)
Page 114


Plaintiff,
for
versus

Accused.
X---------------------------------X
ORDER
It appearing from the record of the above-entitled case that the accused
KUHA TINDA @ DUKOT is still at large notwithstanding the lapse of time since the
order of arrest was issued and in order that this case may not appear as pending for
an indefinite period of time;
It is hereby ordered that the above-entitled case be sent to the files without
prejudice to its subsequent prosecution as soon as the accused is apprehended.
SO ORDERED.
Dalupiri Island, Cagayan Province this 27th day of August, 1990.

/aav
Page 115


Plaintiff,
for
versus

Accused.
x---------------------------------------x
CASH BOND
WHEREAS a complaint (for information) has been filed on the 26th day of
December, 1990, in the above-entitled COURT, charging the above-mentioned
defendant with the offense of THEFT was admitted to bail in the sum of Six Hundred
Pesos (P600.00).
NOW, THEREFORE, I, KUHA TINDA @ DUKOT of Brgy. Mapayapa, Dalupiri

Island, Cagayan Province accused, hereby undertake that I will appear and answer
the charge above-mentioned in whatever court it may be tried, and will at all times
hold myself amenable to the ordered and processes of the Court and if convicted, will
appear for judgement and execution thereof, if I fail to perform any of these condition I
will pay Republic of the Philippines the sum of P600.00 under O.R. NO. 0351618.
It is further stipulated that pursuant to Sec. 19, Art. IV of the Constitution and
letter of Instruction No. 40 of the President of the Philippines, dated No.10, 1972, I the
undersigned accused, hereby agree that in case I jump bail of fails to appear for trial
without any justification despite due notice to me, my absence will be deemed and
express waiver of my right to be present, which will warrant the Court to proceed with
the case as if I was present.

December, 1990.
Page 116
(SGD) KUHA TINDA

Accused
SUBSCRIBED AND SWORN to before me this 26th day of December, 1990


APPROVED:
/vdz
Page 117


Plaintiff,
for
versus

Accused.
x---------------------------------------x
ORDER OF RELEASE
To: Any Officer of the Law

GREETINGS:
You are hereby ordered to release the person of the accused Mr. KUHA
TINDA, he having filed his bailbond for his provisional liberty (Cash Bond) under
O.R.No.007) in the amount of P600.00, unless you are holding him for some other
offense.
Dalupiri Island, Cagayan Province, December 26, 1990.

Page 118


Plaintiff,
for
versus

Accused.
x--------------------------------x
COMMITMENT DURING PENDENCY

OF THE CASE
The Commanding Officer/District Commander II

Headquarters 143 Coy.
Isla Palutanglutang, Cagayan Province
Greetings:
I hereby commit to you the person of the accused KUHA TINDA @ DUKOT,
the above-named accused, charged in the above-entitled cases. You are hereby
ordered to keep the said accused during the pendency of said cases to the order of
this court.
Dalupiri Island, Cagayan Province, December 26 1990.

Acct. Municipal Trial Court
A TRUE COPY:
(SGD) MISS PARA DULIN

MTC-Clerk of Court
/aav (12-27-90)
Page 119


Plaintiff,
for
versus

Accused.
x---------------------------------------x
SUBPOENA
To: Manong S. Bi-Em Mapayapa, Dalupiri Island, Cagayan Province

To: Ate S. Bi-Em Mapayapa, Dalupiri Island, Cagayan Province
To: Ina Yaban Mapayapa, Dalupiri Island, Cagayan Province
To: Kuha Tinda Mapayapa, Dalupiri Island, Cagayan Province
GREETINGS:
You are hereby commanded to be and appear in the Municipal Trial Court of Dalupiri
Island, Cagayan Province on January 21, 1991 at 9:00 o'clock in the morning then
there to testify in the above-entitled case pending therein for ARRAIGNMENT and to
file counter affidavits(as regards accused)
FAIL NOT UNDER THE PENALTY OF THE LAW.
WITNESS, the HON. JUDGE TESS FOROL, Acting Municipal Trial Judge of
this Court this 11th day of January, 1991, Dalupiri Island, Cagayan Province.
(SGD) MISS PARA DULIN

MTC-Clerk of Court
/vdz
Page 120
Return of Service
Respectfully return to the honorable court herein subpoena that subject persons Ina
Yaban, Manong S. Bi-Em, Ate S. Bi-Em were duly served and notified, Kuha Tinda
was notified through Tito Ang Col, his uncle.
Dalupiri Island, Cagayan Province 1-14-91.
Miss Ina Yaban 1-11-91

Mr. Manong S. Bi-Em
Mrs. Ate S. Bi-Em
Mr. Kuha Tinda By: Mr. Tito Ang Col
Terry Carr
Process Server
Page 121


Plaintiff,
for
versus

Accused.
x---------------------------------------x
ORDER
Today, this case came up for arraignment. The accused appeared in the court
without the assistance of the counsel. The court is constrained to postpone the
arraignment of the accused to enable the accused to hire the services of a lawyer.
IN VIEW OF THE FOREGOING, reset the arraignment of this case to

February 4, 1991 at 9:00 o'clock in the morning. Parties present are hereby notified of
this new assignment in open Court.
SO ORDERED.
Given in open Court this 28th day of January, 1991 at Dalupiri Island,
Cagayan Province.

alx/vdz
Page 122


Plaintiff,
for
versus

Accused.
x---------------------------------------x
ORDER
For failure of the accused to appear for today's arraignment despite notice in
open Court, let a warrant of arrest be issued for the apprehension of the accused. The
cash bond filed by the accused is hereby ordered forfeited, in favor for the
government.
SO ORDERED.
Given in open Court this 4th day of February, 1991 at Dalupiri Island,
Cagayan Province.

alx/vdz
Page 123


Plaintiff,
for
versus

Accused.
x---------------------------------------x
ORDER
This case came up for hearing today. The Chief of Police appeared for the
government. The accused appeared in the Court without assistance of counsel. The
complaining witness manifested that he had forgiven the accused provided that he will
behave and will not commit any crime against anybody in his barangay or in any
place.
Considering the manifestation of the complaining witness, Manong S. Bi-Em

forgiving the accused, let this case be as it is hereby ordered DISMISSED. The Cash
Bond filed by the accused for his provisional liberty is hereby ordered released, and
the Municipal Treasurer of Dalupiri Island, Cagayan Province is hereby ordered to
release the cash bond filed by the accused upon presentation of the Official Receipt.
SO ORDERED.
Dalupiri Island, Cagayan Province. March 25, 1991.

alx/vdz
Page 124

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REPUBLIC OF THE PHILIPPINES

PEOPLE OF THE PHILIPPINES,

SUNTOK AGAWBUKID, SLIGHT PHYSICAL INJURIES

The undersigned Complaint/Offended party, after sworn to in accordance with

Contrary to the law.

Dalupiri Island, Cagayan Province, August 21, 2002.

(SGD) MRS. MAY SAMURAI

1. Mrs. May Samurai, Brgy Kataltalonan, Dalupiri Island, Cagayan Province.

2. Mrs. Hipag Samurai, Brgy Kataltalonan, Dalupiri Island, Cagayan

SUBSCRIBED AND SWORN to before me this 30th day of August 2002 at

(SGD) HON. JUDGE TESS FOROL

RECEIVED AND FILED this 30th day of August 2002.

(SGD) GANDA MANGASIWA

REPUBLIC OF THE PHILIPPINES

OFFICE OF THE LUPONG TAGAPAMAYAPA

May Samurai Barangay Case No. 19-S-2002

TO: Suntok Agawbukid RECEIVED: (SIGNED)

FAIL NOT or else face punishment as for contempt of court.

This 31th day of July 2002.

(SGD) NAKA TUGAW

REPUBLIC OF THE PHILIPPINES

OFFICE OF THE LUPONG TAGAPAMAYAPA

MRS. MAY SAMURAI, Barangay Case No. 19-S-2002

TO: Suntok Agawbukid

Siak ni MAY SAMURAI immayak agreklamo pang-gep ti panangdanog da

THEREFORE, I/WE pray that the following relief/s be granted to me/us in

Made this 31th day of July 2002.

(SGD) MAY SAMURAI

Received and filed this 31th day of July 2002.

(SGD) NAKA TUGAW

REPUBLIC OF THE PHILIPPINES

OFFICE OF THE LUPONG TAGAPAMAYAPA

May Samurai Barangay Case No. 17-S-2002

CERTIFICATION TO FILE ACTION

This is to certify that:

3. The respondents willfully failed or refused to appear without justifiable

This 3rd day of August, 2002.

(SGD) CAL LEE-HIM

Attested: (SGD) NAKA TUGAW

REPUBLIC OF THE PHILIPPINES

OFFICE OF THE MUNICIPAL HEALTH OFFICER

TO WHOM IT MAY CONCERN:

(SGD) DR CALO SUGAN, M.D.

A mark, erasure or alteration of any entry invalidates this certification.

Paid Under G.R. No. 0123456

Q1: State your name and other personal circumstances?

Q3: Against whom are you complaining?

Q5: When this incident happened?

Q6: Where in particular place did this happened?

Q8: What else transpired if any?

A8: That Sugsog Agawbukid pursuading his brother to continue attacking me by

Q10: Do you have medical certificate to this effect?

Q12: You have some more to add or retract on your statement?

Q13: Are you willing to sign your statement?

(SGD) MRS. MAY SAMURAI

SUBSCRIBED AND SWORN to before me this 30th day August 2002 at

(SGD) HON. JUDGE TESS FOROL

PRELIMINARY EXAMINATION CONDUCTED BY THE COURT, HON. JUDGE TESS

Q3: Against Suntok Agawbukid, Tatang Agawbukid and Sugsog Agawbukid?

Q4: Why are you filing these cases against them?

Q5: How did they mauled you?

Q8: Were those the words uttered by them?