REPUBLIC OF THE PHILIPPINES OFFICE OF THE PROSECUTOR Iligan City PEPE BONGOL, Complainant, I.S No.__________ -versusFor: Less Serious Physical Injuries JUAN TAMAD, Respondent. xx--------------------------------xx
C O M P L A I N T – A A F F I D A V I T
I, PEPE BONGOL, Filipino, of legal age and a resident of 375 Oxford, Tubod, Iligan City, after having been duly sworn to in accordance with law, do hereby depose and state that: 1. I am filing a case of less serious physical injuries against JUAN TAMAD of 16 Texas, Tubod, Iligan City. 2. On July 27, 2014 at around 9 p.m. , I went to Juan’s house to talk to him regarding some misunderstanding at work. We are both construction workers for
r.c baretto construction services . However, Juan upon seeing me, got mad and asked me to leave. 3. To avoid trouble, I walked away and leave. At this juncture, Juan came running towards me and without any warning attacked me with a 2x2 piece of wood. Fortunately, there were bystanders within the vicinity who were able to pacify Juan. 4. That due to the said incident, I suffered a open cut wound in my head and a fractured left arm, and has been hospitalized for 6 days and advised to a complete rest for 2 weeks or more until my arm brace will be removed. (Attached as Annexed “A” the medical certificate) 5. The incident was referred to the barangay for conciliation proceedings but no settlement had been reached as Juan failed or refused to obey the summons sent to him. Hence, I was issued a certificate to file action by the barangay. (Attached as Annexed “B” the certificate to file action) 6. In view of the foregoing, I am executing this affidavit to support the filing of a criminal case for less serious physical injuries against JUAN TAMAD.
TO THE TRUTH OF THE FOREGOING, I have signed Complaint Affidavit this August 19, 2014.
[SIGNATURE]
PEPE BONGOL Affiant
SUBSCRIBED AND SWORN TO before me this 19th day of August 2014 in the city of Iligan I hereby certify that I have personally examined the affiant and I am satisfied that he fully understood and voluntarily executed his complaintaffidavit. [SIGNATURE] Assistant City Prosecutor
CERTIFICATION
I hereby certify that I have personally examined the affiant and am satisfied that he voluntarily executed and understood his affidavit. [SIGNATURE] Investigating Prosecutor REPUBLIC OF THE PHILIPPINES OFFICE OF THE PROSECUTOR Iligan City PEPE BONGOL, Complainant, I.S No.__________
-versusFor: Less Serious Physical Injuries
JUAN TAMAD, Respondent. xx--------------------------------xx
COUNTER-AFFIDAVIT
I, JUAN TAMAD, of legal age, with assistance of counsel, do hereby state under oath that: 1. I am JUAN TAMAD, Filipino, of legal age with postal address at of No. 16 Celdran Village, Iligan City. 2. I recently learned that I have been made a respondent in I.S. No.______, a charge for less serious physical injuries, filed by a certain PEPE BONGOL on 19th day of August 2014 before the Office of the City Prosecutor for Iligan City. 3. I vehemently deny the allegations of Bongol. I admit that Bongol went to my house in the evening of July 27, 2014. At that time he was very drunk and could hardly walk. He was shouting at the top of his voice looking for me. Considering his condition, I asked him to leave and come back the following day instead but he refused to do so. Since he could no longer be pacified I just ignored him and went inside our house.
4. The following day, I was informed that Bongol got beaten up, as a consequence of which he sustained physical injuries. 5. The attached affidavit of witness JINKY PACQUIOA will prove that it is impossible for me commit the acts alleged by PEPE BONGOL. 6. Considering the foregoing, I respectfully pray that I be acquitted of the crime of LESS SERIOUS PHYSICAL INJURIES wrongfully imputed upon me by PEPE BONGOL. TO THE TRUTHFULNESS OF THE FOREGOING, I have signed this Statement on the 27th day of August 2014.
[SIGNATURE] JUAN TAMAD Affiant SUBSCRIBED AND SWORN TO before me this 27th day of August 2014 in the city of Iligan. I hereby certify that I have personally examined the affiant and I am satisfied that he fully understood and voluntarily executed his affidavit. [SIGNATURE] Assistant City Prosecutor
CERTIFICATION
I hereby certify that I have personally examined the affiant and am satisfied that he voluntarily executed and understood his affidavit. [SIGNATURE] Investigating Prosecutor
ANNEX “A”
REPUBLIC OF THE PHILIPPINES Barangay Tubod City of Iligan OFFICE OF THE LUPONG TAGAPAMAYAPA PEPE BONGOL Complainant
Barangay Case No.________ against For: Less Serious Physical Injuries JUAN TAMAD Respondent CERTIFICATIONTOFILEACTION
This is to certify that:
1.There has been no personal confrontation between the parties before the Punong Barangay because the respondent was absent and that mediation failed. 2.The Pangkat Tagapagkasundo was constituted but there has been no personal confrontation before the Pangkat likewise did not result into a settlement because the respondent was absent. 3.Therefore, the corresponding complaint for the dispute may now be filed in court/government office. This 15th day of August 2014. [SIGNED] Pangkat Secretary Attested by: [SIGNED] Pangkat Chairperson [SIGNED] Pangkat Member [SIGNED] Pangkat Member
Noted by:
[SIGNED] PATROCINIO DS. DELA CRUZ Punong Barangay /Lupon Chairperson
ANNEX “B” MEDICAL CERTIFICATE
August 6, 2014 TO WHOM IT MAY CONCERN: This is to certify that, PEPE BONGOL, 32 years of age, of 375 Oxford, Tubod, Iligan City, was examined and treated as our patient and was confined from July 27, 2014 to August 1, 2014 with the following findings and/or diagnosis/diagnoses: Open Cut wound on the head and a fracture left arm. The patient needs complete rest of 2 weeks or more or until his fractured arm is healed. Laboratory examinations is done and enclosed herewith.
REMARKS:
[SIGNED] ATTENDING DOCTOR
Republic of the Philippines City of Iligan
AFFIDAVIT OF WITNESS
I, JINKY PACQUIOA, Filipino, of legal age, married and a resident of 17 Texas, Tubod, Iligan City. After having been duly sworn to in accordance with the law, hereby depose and say:
1. That I personally know JUAN TAMAD.
2. That last July 27, 2014, I was at my “sari -sari” store, which is beside the house of JUAN TAMAD.
3. That on or about 9:00 in the evening of the same date a man, whom I have just known to be PEPE BONGOL. approached the house of JUAN who was obviously drunk because he was hardly walking while shouting loudly the name of JUAN.
4. That after the man reached t he gate of JUAN’s house, JUAN came out and they had a conversation, but after few minutes I saw the man walked away from JUAN’s house.
5. That while the man was walking, he was acting violently against any person he comes across.
6. That I was extremely amazed upon knowing that JUAN TAMAD had received a subpoena which accuses him of the crime of less serious physical injuries against PEPE BONGOL.
7. That I am executing this affidavit to attest to the truth of the foregoing statement and to support for the dismissal of the case filed against JUAN TAMAD
I WITNESS WHEREOF, I herby affix my signature this 27th day of August 2014 in the City of Iligan, Philippines.
JINKY PACQUIOA Affiant
SUBSCRIBED AND SWORN TO before me this 27th day of August 2014, in the City of Iligan, Philippines and I further certify that I have personally examined the affiant and I convinced and satisfied that he voluntarily executed the foregoing Counter Affidavit and understood all the contents hereof and that they are true and correct as to his own personal knowledge.
Notary Public
