Advance Legal Writing

Legal
and
Judicial
Forms
Submitted to:
Dean Porfirio DG Panganiban, Jr.

Submitted by:
Cherry Amor V. Ongson
Kriza F. Quirante
Czarina T. Esplanada
William B. Llanes
Ramonchito L. De Lumen
Marjorie A. San Juan
Leolaida M. Aragon
Junbee Dagan
Lourena A. Bundac
Alexes Joseph Bendijo
Peter Paul Caluso
Jaime I. Cordez, Jr
Aljuhari U. Mangelen
Jan Michael Dela Cruz
Kathleen Pauline C. Aguda
Marie Rose Carlos
Nicolette Bambao
Dema
nd
Letter
s
Advance Legal Writing | Page | 2
FRIENDLY DEMAND LETTER
February 4, 2013
Jenny Aguilar
1059 Samar St.
Sampaloc, Metro Manila
Dear Leah,
It feels like such a long time since the last time I saw you.
I know it's only been several weeks since I saw you. So far my
summer has been great!
I spend my all my weekends at the beach. I am getting a

nice tan and you can no longer say I am paler than you. I have
been playing lots of basketball, surfing and building a nice
collection of sea shells. Just this past weekend I took second
place in a sandcastle building contest!
On the weekdays I work. I am an accounting officer in a
bank. It is good. It is a combination of the two things I love
most, numbers and money. The pay is great and I love the job
so much.
I hope the summers been going well for you too. Theres
only a month and a half left for me to transfer to United
States. Would you like to meet up some time before school
starts?
Your Friend,
Peter Paul O. Calusa
INQUIRY LETTER
The Virtual Community Group, Inc.
17 Park Road
Rural Town, NH
February 4, 2013
Anna Smith
Executive Director
Xavier Foundation
555 S. Smith St. Washington, TDO. 22222
Dear Ms. Smith,
I am writing to inquire whether the Xavier Foundation
would invite a proposal from the Virtual Community Group,
Inc., requesting an investment of P50,000 per year over two
years to support our Enterprise 2000 initiative. This grant
would provide part of the funds needed for us to train at least
1200 low-income entrepreneurs in rural New Hampshire in the
computer skills they need to create sustainable businesses as
we enter the twenty-first century. Your literature indicates that
the Xavier Foundation is searching for innovative ideas to
improve the lives of the rural poor; we believe Enterprise 2000
falls well within your area of interest.
Information technologies are a promising solution to one
of the primary obstacles facing the small rural enterprise: the
geographic distances which inhibit networking with other
businesses, and which segregate them from a larger
marketplace. The Internet and other networks are now making
it possible for entrepreneurs even in the most remote locations
to communicate and do business on a region-wide, national,
or even international basis. Working in conjunction with other
organizations, Enterprise 2000 gives program participants
technical skills training adapted to individual need; and, in
collaboration with organizations which recondition and
redistribute used computers, we also assure that they obtain
the necessary computer hardware, at low or no cost.
We believe that broadly-implemented technical skills
programs such as Enterprise 2000 have the potential to
transform the lives of many struggling entrepreneurs, and
change the economic landscape of impoverished rural
communities. Unlike many poverty alleviation initiatives, all of

the Virtual Community Group programs are predicated on the
assumption that these entrepreneurs already have 90% of
what it takes to compete in the marketplace -- intelligence,
ambition, initiative, and talent. After two years of
experimentation and program development, the Virtual
Community Group has fashioned a superb, easily replicable
model in Enterprise 2000, and established a high degree of
credibility among community groups, policy makers, and
funders. With your support, we can make that 10% difference
in the lives of these hard-working people and the future of our
rural communities.
Please feel free to call me with any questions. I look
forward to hearing from you soon.
Sincerely,

Executive Director
DEMAND LETTER
(B.P. 22)
February 4, 2013
Jenny Aguilar
1059 Samar St.
Dear Ms. Jenny Aguilar,
Your check made payable to Security Bank Corporation
in the amount of Php. 1,000,000.00 has been returned to us
for insufficient funds. The bank will not allow us to redeposit
the check since it has already been presented on two
occasions.
Would you please bring the amount of the check, plus
the P5,000.00 fee for our service charge for returned checks, to
the manager's office at:
Security Bank Corporation
6776 Ayala Avenue, Makati City
We must ask that this amount of P 1,000,000.00 be paid
by 7 of August, 2012 in cash, certified check, or money order.
th
If you have any questions, you can contact me at the

above telephone number during office hours. Thank you.
Sincerely,

Executive Director
DEMAND LETTER
(Collection of a Sum of Money)
February 4, 2013
Jenny Aguilar
1059 Samar St.
Dear Jenny Aguilar,
How can we try to persuade you to pay your delinquent
account?
We have tried many suggestions for extending the
payment period, for making the monthly payments smaller, for
getting help from lenders, and for at least discussing this
matter with us. Now we have exhausted our own resources.
We have to seek help from outside our own company. We
have consulted with our collection agency and they told us
that we have several avenues available to us for collecting our
money. We are very uncomfortable with the thought of going to
court and, therefore, hope you resolve this outstanding
balance today.
To avoid legal action, we must have your check for P
1,000,000.00 on or before August 28, 2012.
Sincerely,

Executive Director
DEMAND LETTER
(Ejectment)
Blk. 1 Lot 29, The Legian,

Carsadang Bago,
Imus Cavite City
Cell no. 0919-5716784
February 4, 2013
Marie Anne Real
666 Hell Drive
Sampaloc, Manila
Tel. No. 888-0000
Dear Madam Marie Anne,
You are hereby informed to vacate the premises that you
are currently residing in and which is the legal property of Mr.
Peter Paul O. Calusa. You have been living in his house in the
past 32 years with causing any unrest or discomfort for the
property owner.
The property, subject matter is the residential house and

lot located at 666 Hell Drive, Sampaloc, Manila, with an area
of 150 sq. m. and covered by TCT No. 123456789 registered in
the name of Mr. Peter Paul O. Calusa in the instant ejectment
case. Attached as Annex A hereof is a certified true copy of
the said TCT No. T-87545 to prove the ownership in fee simple
by plaintiff A of the subject property.
It was solely out of the compassion and tolerance of Mr.
Peter Paul O. Calusa which enabled all of the defendants to
temporarily reside at his paraphernal property. As members of
the same family, complainant willingly allowed the defendants
to briefly reside therein together with her minor child.
Now Mr. Peter Paul O. Calusa, the true and legal owner of
the said property wants to recover the full possession of the
property that he inherits to his father Mr. Romualdo Calusa
which is depriving him of his right by the other heirs. To
remedy the above situation are, you must do the following:
1. To make the necessary renovation or maintenance to
bring the property in its original condition (List what
tenant must do to remedy the breach);
2. To settle any unpaid accountabilities with the owner of
the property;
3. If you fail to meet the terms, the undersigned may initiate
eviction proceedings against you and/or exercise other
available rights and remedies under the law.
Thank you for your anticipated cooperation.
Sincerely,

DEMAND LETTER
(Estafa)
February 4, 2013
Ron Ron R. Siervo
3rd F, Security Bank Bldg.
Ayala Ave., Makati City
Cell no: 0923-9700123
Dear Mr. Siervo,

This is in Re: Insufficient Check #1556 dated June 30,
2012 drawn on Metropolitan Bank & Trust co.
Amount of Check: P 1,000,000.00
Finance Charge and Service Fee: P 10,000.00
TOTAL AMOUNT DUE: P 1,010,000.00
Demand is hereby made upon you for the immediate
payment of the sum owing. As a final courtesy to you, we
demand payment within 30 days from receipt of this letter,
affording you this final opportunity to pay these insufficient
funds check.
Should you fail to settle this matter within thirty (30)
days from receipt of this letter, we will, at our option, bring
legal action against you for the full amount allowed under the
Revised Penal Code, under the Republic of the Philippines.
I have not yet contacted the City Prosecutors office. If we
can resolve this matter, this can be avoided. Also, your
business credit rating will not be affected by this if resolved
within 30 days.
Sincerely,

DEMAND LETTER
(Support [R.A. 9262])
4 February 2013
Ron Ron R. Siervo

666 Hell Drive
Diliman, Quezon City
Tel. No. 888-3500
Dear Mr. Siervo:
My Client Anne Real experienced and has been
traumatized by your actions in your work place at U.L.O.L.
Company in Makati City.
Such actions may be considered acts of lasciviousness
and violation of Republic Act 9262 AN ACT DEFINING
VIOLENCE AGAINST WOMEN AND THEIR CHILDREN,
PROVIDING FOR PROTECTIVE MEASURES FOR VICTIMS,
PRESCRIBING PENALTIES THEREFORE, AND FOR OTHER
PURPOSES.
My client is demanding for the amount of Five Hundred
Thousand Pesos (P500,000.00) for damages and settlement, if
you do not pay, my client will be inclined to take legal action in
the matter.
Very truly yours,
Atty. Peter Paul O. Calusa

Attorney-at-law
Crimi
nal
Proce
eding
s
PERMANENT PROTECTION ORDER (R.A. 9262)

(Complaint Affidavit)
Republic of the Philippines)

Makati City
) s.s.
COMPLAINT-AFFIDAVIT
I, Regina Dela Cruz, Filipino, of legal age, married to
Pedro Santos, and a resident of #1 Ayala Avenue Makati City,
Philippines, after being sworn to in accordance with law,
depose and state:
1 That I am lawfully married to Pedro Santos supported
by marriage contract hereby attached as Annex A;
2 That Pedro Santos currently resides at our conjugal
house at #1 1 Ayala Avenue Makati City;
3 That sometime in the evening of February 1,2, and 3,
2012, Pedro Santos wound, beat, assaulted and
physically abused herein undersigned with threatening
words to repeat such acts if undersigned wont comply
with his request of transferring the lot owned by
Regina Cruz located at #3 Ayala Avenue Makati City,
which I inherited from my deceased parents, to be his
exclusive property;
4 That testimonials from our neighbors and police
blotter confirmed that on such dates such incident
occurred attached Annex F;
5 That Dr. John Doe, the shift doctor at St Lukes

Hospital described such physical abuse to be serious
physical injury and as a consequence of the heaving
beating I lost my eyesight permanently. A medical
certificate was issued by said hospital signed by the
shift doctor, hereby attached as Annex B;
6 That because of the injury suffered I was dismissed
from my work at BPI as a teller, letter attached
Annexed C;
7 That a Complaint was filed under RTC Branch 06
Eight Judicial Regional on February 13, 2012 for
crime against Art 263 of RPC or Serious Physical
Injury, filed Complaint attached Annex D;
8 I am therefore executing this Complaint-Affidavit to
request the court to prohibit the respondent from
threatening to commit or committing, personally or
through another, any of the acts mentioned in Sec. 5
of R.A. 9262;
TO THE TRUTH OF THE FOREGOING, I have hereunto
set my hand this 15th day of February, 2012 at Makati City,
Philippines.
REGINA DELA CRUZ

Affiant-Complainant
SUBSCRIBED AND SWORN to before me this 15th day of
February 2012, affiant exhibiting to me herDrivers License no.
987654321 issued on January 5, 2012, at Makati City.
CERTIFICATION
This is to certify that I have personally examined the

affiant and I am satisfied that he understood this complaintaffidavit and that he voluntarily executed the same.
ALFREDO DE
OCAMPO
Assistant City Prosecutor

(Counter-Affidavit)

Makati City
) s.s.
COUNTERAFFIDAVIT
I, Pedro Santos, of legal age, married, Filipino and with
residence address at #1 Ayala Avenue Makati City, Philippines,
after having been duly sworn in accordance with law, do
hereby depose and state, that:
1. I was charged with Serious Physical Injury under Art
263 of R.P.C. and Violation of Violence against women
and children attached Annex E;
2. That on February 15, 2012, a complaint-affidavit for
permanent protection order was filed by herein
petitioner;
3. I deny such allegations of the petitioner that I forced

her to transfer the lot mentioned in complaintaffidavit;
4. That on the said nights, Regina Dela Cruz was
suffering from traumatic depression on the death of
her parents on February 1, 2012;
5. That the physical injuries inflicted by respondent
where defensive acts against the aggression of
petitioner for unknown reason;
6. That petitioner was seen wandering the streets of our
village nights before the three incidents by security
guard, Pedro Penduko, to be wearing only pajamas and
seem to be lost in a village she lived for almost twenty
(20) years;
7. That on last evening of the trilogy, my defensive stance
turned into an accident when the muriatic acid she
was holding poured to her face;
8. That the police officer arrested me on that same night;
9. That I filed for bail a day after the incident;
10. That physical violence inflicted on the petitioner was
more of defensive act;
11. That there is no need for any protection order to be
issued because I do not intend to hurt or cause in
harm to the petitioner in whatever form;
TO THE TRUTH OF THE FOREGOING, I have hereunto

set my hand this 18th day of February, 2012 at Makati City,
Philippines.
PEDRO SANTOS
Affiant
SUBSCRIBED and SWORN, to before me in Makati City,
this 18th day of February 2012, affiant with Residence
Certificate No. 0011281984 issued at Makati City, on January
5, 2012.
ATTY. JAIME I. CORDEZ JR.

Notary Public
Until December 31, 2012
PTR No. 1234567 1/12/12
IBP No. 6789 1/2/11
ROA 91234
Doc. No.
Page No.
Book No.
Series of 2012.

(Reply)
Republic of the Philippines

DEPARTMENT OF JUSTICE
Office of the City Prosecutor
Makati City
Regina Dela Cruz,
Complainant,
I.S. No. B-456 789
For: Protection Order
(Sec.8, R.A.9262)
- versus -
Pedro Santos
Respondent.
x------------------------x
REPLY
COMES NOW, Regina Dela Cruz, unto the Honorable
Prosecutor, most respectfully aver and state:
1. That in view of the reply the counter-affidavit
submitted by the respondent in I. S. No. B-456-789
I hereby reiterate and incorporate herein my
allegations in my earlier complaints-affidavit filed
against the answering respondent;
2. That the argument raised by the respondent in the
counter affidavit is that his actions are not criminal
in nature but are defensive in nature;
3. That there can be no conclusion other than the fact
that the respondent willfully, unlawfully, feloniously
committed serious physical injuries against the
petitioner;
4. That the rest of the allegations in respondents
counter affidavit are irrelevant and immaterial and
are evidently designed to release the accused from
any criminal liability;
5. That the allegations of the accused that the

petitioner have lost sanity thru the statement of the
security guard was unsubstantiated as there were
no statement from the proper authority to validate
that indeed the petitioner is insane during the time
of the incident;
WHEREFORE, premises considered, it is hereby prayed
that the corresponding information for a violation of R.A. 9262
be promptly filed with the proper court.
Other just and equitable reliefs are likewise prayed for.
IN WITNESS WHEREOF, I have hereunto set my hand
this 25th day of February, 2012 at Makati City, Philippines.
REGINA DELA CRUZ

Complainant
February, 2012, at the City of Makati, Philippines, and I
hereby certify that I have personally examined the affiant and
that I am satisfied that she voluntarily executed and
understood her affidavit.

Notary Public
PTR No. 234567 1/12/12
IBP No. 6789 1/2/11
ROA 91234
Doc. No.
Page No.
Book No.
Series of 2012.

(Rejoinder)

Makati City
Regina Dela Cruz,
Complainant,
- versus -
I.S. No. B-456 789

(Sec.8, R.A.9262)
Pedro Santos
Respondent.
x------------------------x
REJOINDER
COMES NOW, Pedro Santos, unto the Honorable
Prosecutor, and by way of a Rejoinder, most respectfully aver
that:
1. This Rejoinder is being filed with the Office of the City
Prosecutor considering that Reply filed by the
complainant disregards the fact that the acts
committed by respondent are defensive in nature;
2. Such points to no other conclusion that what
transpired is a self-defense and respondent is not
criminally liable;
3. There appears neither a valid nor a cogent reason to

proceed with the filing of the information as there is
clearly a lack of merit on the case of the complainant.
WHEREFORE, premises considered, it is hereby prayed
that the instant complaint for a violation of R.A. 9262 be
promptly dismissed.

this 25th day of February, 2012 at Makati City, Philippines.
Pedro Santos
Respondent

Notary Public
PTR No. 234567 1/12/12
IBP No. 6789 1/2/11
ROA 91234
Doc. No.
Page No.
Book No.
Series of 2012.

(Sur-Rejoinder)

Makati City
Regina Dela Cruz,
Complainant,
- versus -
I.S. No. B-456 789

(Sec.8, R.A.9262)
Pedro Santos
Respondent.
x------------------------x
SUR-REJOINDER
COMES NOW the complainant, Regina Dela Cruz,
through counsel, unto the Honorable Prosecutor, and by way
of a Sur rejoinder, respectfully aver and state that:
1. This Sur rejoinder is being filed with the Office of the
City Prosecutor considering that Rejoinder filed by the
respondent disregards the fact that his actions are
criminal in nature and not in any way defensive in
nature.
PREMISES CONSIDERED, it is respectfully prayed that
the Office of the City Prosecutor files the information against
the herein respondent.
Makati City, March 5, 2012.
Respectfully submitted,
LOURENA A. BUNDAC
Counsel for Complainant
Roll No. 22344556
PTR No. 22345/01-07-11/Makati City
IBP No. 223456/02-01-11/Makati City
MCLE No. 223456/02-01-11/Makati City
Copy furnished:
Pedro Santos Makati City
#1 Ayala Avenue, Makati City, Philippines

(Motion for Clarificatory Questions)

Makati City
Regina Dela Cruz,
Complainant,
I.S. No. B-456 789
(Sec.8, R.A.9262)
- versus -
Pedro Santos
Respondent.
x------------------------x
MOTION FOR CLARIFICATORY QUESTIONS
Accused Pedro Santos, through the undersigned counsel
and unto the Honorable Prosecutor, most respectfully avers:
1 That he is the accused in the above-entitled case of the
crime of violation of RA 9262 committed against
Regina Dela Cruz;
2 That the Complaint-Affidavit contains several matters
that are vague and may jeopardize the Constitutional
rights of the accused.
WHEREFORE, it is respectfully prayed that the
respondent be allowed to ask clarificatory questions upon the
complainant and the complainants counsel.
April 10, 2012. Makati City
ALEXES JOSEPH R. BEDIJO

Counsel for the Respondent
Roll No. 12344556
NOTICE OF HEARING
LOURENA A. BUNDAC
Makati City
Dear Maam,
Greetings!
Please take notice that on Friday, April 10,
Makati City Regional Trial Court Branch 07 at 9
or as soon thereafter as counsel can be
undersigned will submit the foregoing motion for
of the court.
2012, at the
oclock a.m.,
heard, the
the approval
Makati, Philippines. April 5, 2012

Roll No. 12344556

(Resolution)

Makati City
Regina Dela Cruz,
Complainant,
- versus -
I.S. No. B-456 789

(Sec.8, R.A.9262)
Pedro Santos
Respondent.
x------------------------x
RESOLUTION
SUBMITTED for resolution is a complaint for violation of
R.A. 9262 or the allegedly committed during February 1, 2,
and 3,2012, at Makati City, supported by the sworn statement
of the complainant and her witness and photocopies of the
police report of the incident.
In his sworn statement, the complainant alleges that,
during the afore-stated period of time and place, the
respondent, motivated by greed, anger and evil motives against
the said complainant by means of grabbing her and punching

her in the face, in the stomach and in the thigh without any
means from the complainant to defend herself.
However, the respondents claim that, the filing of the
complaint does not carry any criminal liability since the act
was performed as a defensive act.
In the evaluation of the complainants evidence, it is clear
that the physical abuse done by respondent are unlawful and
felonious. Respondent without any clear proof that
complainant is the aggressor doesnt give him any defense for
his liability.
IN LIGHT OF THE FOREGOING, the undersigned finds
sufficient cause to hold the respondent PEDRO SANTOS to
stand for trial for VIOLATION OF THE VIOLENCE AGAINST
WOMAN AND CHILDREN as defined and punished under RA
9262.
Makati City, March 20, 2012.
ALFREDO DE OCAMPO
Approved:
MARIENELL FORTUNO
City Prosecutor

(Information)

Makati City
Regina Dela Cruz,
Complainant,
- versus -
I.S. No. B-456 789

(Sec.8, R.A.9262)
Pedro Santos
Respondent.
x------------------------x
INFORMATION
The undersigned Assistant City Prosecutor of Makati
City, upon prior written authority of the City Prosecutor,
accuses PEDRO SANTOS, of violation of RA 9262, committed
as follows:
That on February 1,2, and 3, 2012, in Makati City,
Philippines, and within the jurisdiction of this Honorable
Court, the said accused willfully, unlawfully and
feloniously forced the complainant to sign a Deed of
Conveyance to transfer ownership of the land she
inherited from her parents into the name of her husband
Pedro Santos, upon denial, respondent physically abused
complainant who is his wife, that happened thrice in a
span of three (3) days. Complainant apparently suffered
significant amount of injury which resulted to her
permanent blindness.
Contrary to law.
Makati City, March 30, 2012
ALFREDO DE OCAMPO
Witnesses:
1 Pedro Santos, Jr.
No. 1 Ayala Avenue,
Makati City,
Philippines
BAIL RECOMMENDED: P 50,000.00.

(Affidavit of Desistance Mistaken Identity)

Makati City
) s.s.
AFFIDAVIT OF DESISTANCE
depose and state:
1
I am the Private Complainant in Criminal Case No.

123-456 for VIOLATION OF RA 9262, entitled People
of the Philippines vs. PEDRO SANTOS, which is now
pending before the Regional Trial Court, Makati City,
Branch 07;
2 After a careful evaluation of the facts and

circumstances surrounding the case, I personally and
honestly believe that, due to severe depression and
intoxication for the three night incident, I mistaken my
husband to be another person who apparently in my
mind caused physical abuse to me;
3
I am no longer interested in further prosecuting the

case against the accused;
4 I am not paid, threatened, nor coerce in executing this

affidavit of desistance;
5 I am voluntarily executing this affidavit to attest the
veracity of the foregoing and to move for the dismissal
of the said case against the accused.
this 10th day of April 2012, in the City of Makati.
REGINA DELA CRUZ

Affiant

Notary Public
PTR No. 234567 1/12/12
IBP No. 6789 1/2/11
ROA 91234
Doc. No.
Page No.
Book No.
Series of 2012.

(Affidavit of Desistance Misapprehension of Facts)

Makati City
) s.s.
depose and state:
1. I am the Private Complainant in Criminal Case No.
123-456 for VIOLATION OF RA 9262, entitled
People of the Philippines vs. PEDRO SANTOS, which
is now pending before the Regional Trial Court,
Makati City, Branch 07;
2. After a careful evaluation of the facts and
circumstances surrounding the case, I personally
and honestly believed of my own knowledge that the
respondent attacked me but instead it was a his
defensive act because of my own aggression because
of hallucination which I suffered on those three
separate nights;
3. I am no longer interested in further prosecuting the

4. I am not paid, threatened, nor coerce in executing
this affidavit of desistance;
5. I am voluntarily executing this affidavit to attest the
REGINA DELA CRUZ

Affiant
April 2012, affiant exhibiting to me his Community Tax
Certificate No. 987654321 issued on January 5, 2012, at
Makati City.

Notary Public
PTR No. 1234567 1/12/12
IBP No. 6789 1/2/11
ROA 91234
Doc. No.
Page No.
Book No.
Series of 2012.

(Motion for the Allowance to Post Bail)

National Capital Judicial Region
REGIONAL TRIAL COURT
Makati City, Branch VII
The People of the Philippines,
Plaintiff,
- versus -
Criminal Case No. 12345

(Sec.8, R.A.9262)
Pedro Santos,
Accused.
x------------------------x
MOTION TO ALLOW ACCUSED TO POST BAIL
COMES NOW accused PEDRO SANTOS, through the
undersigned counsel, and respectfully alleges:
1. That the defendant is in custody for the alleged
violation of RA 9262;
2. That no bail has been recommended for his temporary
release, on the assumption that the evidence of guilt is
strong;
3. That the burden of showing that evidence of guilt is
strong is on the prosecution, and unless this fact is
satisfactorily shown, the defendant may be bailed at
the courts discretion;
4. That the prosecution has not presented substantial
evidence to prove that the guilt is strong but presented
only mere statements from relatives.
WHEREFORE, upon prior notice and hearing, it is
respectfully prayed that the defendant be admitted to bail in
such amount as this Honorable Court may fix.

Counsel for the Accused
Roll No. 12344556
NOTICE OF HEARING
MARIENELL FORTUNO
City Prosecutor
Makati City
Dear Prosecutor Fortuno,
Greetings!
Please take notice that on Friday, April 10,
of the court.
2012, at the
oclock a.m.,
heard, the
the approval

Roll No. 12344556
AFFIDAVIT OF SERVICE BY REGISTERED MAIL
I, Emily Papin, of legal age and having been duly sworn

depose and say:
1. That I am the messenger of Atty. Alexes Joseph R.
Bendijo, counsel for the accused Pedro Santos in the
case
entitled People of the Philippines vs. Pedro
Santos, and that such messenger I served upon the
counsel of adverse party and other parties, the
pleading in said case, as follows:
a. Atty. Alexes Joseph R. Bendijo, served the other
party thru registered mail by depositing the copy in
the post office in sealed envelope, plainly addressed
to the party or counsel at his office, with postage
fully prepaid, and with instruction to the
postmaster to return the mail to the sender after
ten days if undelivered, this 5th day of April 2012,
as shown by Registry No. 17 dated April 5, 2012 of
the post office of Makati City
IN WITNESS WHEREOF, I have signed this affidavit this
April 5, 2012 at Makati City, Philippines.
Emily Papin
Affiant
April 2012 at Makati City, Philippines, affiant appearing before
me with his CTC No. 1298 issued on January 2, 2012 at
Makati City, Philippines and SSS No. 021646544 issued on
April 12, 1995.

Notary Public
PTR No. 234567 1/12/12
IBP No. 6789 1/2/11

ROA 91234
Doc. No.
Page No.
Book No.
Series of 2012.
Copy furnished:
Lourena A. Bundac
Counsel for Regina Dela Cruz
Prosecutor Marienell Fortuno
Makati City Prosecutor

(Motion for the Reduction of Bail)

Plaintiff,
(Sec.8, R.A.9262)
- versus -
Pedro Santos,
Accused.
x------------------------x
MOTION TO REDUCE BAIL
Accused PEDRO SANTOS, through the undersigned
counsel, and respectfully alleges:
1. That the bail for his provisional release has been set at
Php 50,000.00
2. That said defendant is a person whose wage he earns
from ABC Corp amounting to a net of Php 10,000.00 a
month is barely enough to meet even his personal
needs.
WHEREFORE, the accused PEDRO SANTOS respectfully
prays that the court grants this motion to reduce bail to Php
15,000.00 or such amount as the court sees just in
accordance with the circumstances thus presented.

Roll No. 12344556
NOTICE OF HEARING
MARIENELL FORTUNO
City Prosecutor
Makati City
Greetings!
Please take notice that on Wednesday, April 15, 2012, at
the Makati City Regional Trial Court Branch 07 at 9 oclock
a.m., or as soon thereafter as counsel can be heard, the
undersigned will submit the foregoing motion for the approval
of the court.

Roll No. 12344556

depose and say:
case
a. Atty. Alexes Joseph R. Bendijo, served the other

postmaster to return the mail to the sender after ten
days if undelivered, this10th day of April 2012, as
shown by Registry No. 17 dated April 5, 2012 of the
post office of Makati City
Emily Papin
Affiant
April 12, 1995.

Notary Public
PTR No. 234567 1/12/12
IBP No. 6789 1/2/11
ROA 91234
Doc. No.
Page No.
Book No.
Series of 2012.
Copy furnished:
Lourena A. Bundac

(Motion to Quash Information)


Plaintiff,
- versus -

(Sec.8, R.A.9262)
Pedro Santos,
Accused.
x------------------------x
MOTION TO QUASH
counsel, and respectfully alleges:
1. That he is the accused in the above-entitled case of the
crime of Violation of RA 9262 committed against
Regina Dela Cruz;
2. That the act held as criminal is a defensive act of the
respondent thus doesnt hold liable whatsoever;
3. That the facts charged do not constitute an offense as
previously expounded in the other pleadings related to
this case.
WHEREFORE, it is respectfully prayed that the complaint
and information filed in this case be quashed, with costs de
oficio.


Roll No. 12344556
NOTICE OF HEARING
MARIENELL FORTUNO
City Prosecutor
Makati City
Greetings!
of the court.

Roll No. 12344556


depose and say:
case
b. Atty. Alexes Joseph R. Bendijo, served the other
days if undelivered, this 10th day of April 2012, as
Emily Papin
Affiant

April 12, 1995.

Notary Public
PTR No. 234567 1/12/12
IBP No. 6789 1/2/11
ROA 91234
Doc. No.
Page No.
Book No.
Series of 2012.
Copy furnished:
Lourena A. Bundac

(Motion for Judicial Determination of Probable Cause and
to Hold in Abeyance the Arraignment of the Accused)

Plaintiff,
- versus -

(Sec.8, R.A.9262)
Pedro Santos,
Accused.
x------------------------x
MOTION FOR JUDICIAL DETERMINATION OF
PROBABLE CAUSE AND TO HOLD IN ABEYANCE
THE ARRAIGNMENT OF THE ACCUSED
counsel, and respectfully alleges that:
1. He is the accused in the above-entitled case of the for
Violation OF RA 9262 committed against Regina Dela
Cruz;
2. The facts charged do not constitute an offense as
this case;
3. The act was on an act of self-defense apparently
against the aggression by the complainant;
4. The City Prosecutor made a grave abuse of discretion
when she approved the filing of the Information when
there is evidently no probable cause to hold the herein
accused for the crime she allegedly committed.
WHEREFORE, it is respectfully prayed that this
Honorable Court conduct a determination of probable cause,
pursuant to Article III, Section 2 of the 1987 Constitution and
for the time being, hold in abeyance the arraignment of the
herein accused.

Roll No. 12344556
NOTICE OF HEARING
MARIENELL FORTUNO
City Prosecutor
Makati City
Greetings!
of the court.

Roll No. 12344556

depose and say:
case
c. Atty. Alexes Joseph R. Bendijo, served the other
Emily Papin
Affiant
April 12, 1995.

Notary Public
PTR No. 234567 1/12/12
IBP No. 6789 1/2/11
ROA 91234
Doc. No.
Page No.
Book No.
Series of 2012.
Copy furnished:
Lourena A. Bundac

(Motion for Reconsideration of Prosecutors Resolution)

Makati City
Regina Dela Cruz,
Complainant,
- versus -
I.S. No. B-456 789

(Sec.8, R.A.9262)
Pedro Santos
Respondent.
x------------------------x
MOTION FOR RECONSIDERATION
(PROSECUTORS RESOLUTION)
1. He is the accused in the above-entitled case of the
crime of Violation of RA 9262 committed against
Regina Dela Cruz;
2. The evidence presented is not sufficient to justify the
findings of probably cause.
WHEREFORE, it is respectfully prayed that the City

Prosecutor reconsiders his finding of probable cause in the
above titled complaint.

Roll No. 12344556
NOTICE OF HEARING
MARIENELL FORTUNO
City Prosecutor
Makati City
Greetings!
of the court.

Roll No. 12344556

depose and say:
case
d. Atty. Alexes Joseph R. Bendijo, served the other

Emily Papin
Affiant
April 12, 1995.

Notary Public
PTR No. 234567 1/12/12
IBP No. 6789 1/2/11
ROA 91234
Doc. No.
Page No.
Book No.
Series of 2012.
Copy furnished:
Lourena A. Bundac

(Appeal to the Office of the President)
OFFICE OF THE PRESIDENT
Malacanan, Manila
Pedro Santos,
Appellant,
I.S. No. B-456 789

(Sec.8, R.A.9262)
- versus -
Prosecutor Marienell Fortuno,

Appellee.
x---------------------------------------x
APPEAL
COMES NOW the appellant, through the undersigned
counsel, and hereby allege the following:
I
ASSIGNMENT OF ERROR
The Department of Justice erred when it found probable

cause in the complaint filed by the appellee-complainant when
the evidence produced by the said appellee-complainant is
insufficient to support the findings of the prosecutor.
II
FACTS OF THE CASE
The herein appellant is the respondent for the alleged

violation of RA 9262 which defines violence against women
and children with corresponding criminal penalties. A Motion
for Reconsideration was filed with the City Prosecutor of
Makati City but apparently was denied by the City Prosecutor
without any legal basis provided in their resolution. Thus this
appeal.
III
ARGUMENT
Appellant-respondent argues that the there cannot be

any criminal liability on the part of the respondent as his acts
committed against the complainant were defensive in nature.
IV
ISSUE
Whether or not appellant-respondent should be held for

trial for the commission of the above stated crime.
V
RELIEF
WHEREFORE, appellant-respondent humbly prays that

this Honorable Office reverse the decision of the Department
of Justice and thereby also reversing the finding of the Office
of the City Prosecutor of Tacloban City finding probable cause
against the herein appellant-respondent.

Roll No. 12344556

(Motion for the Issuance of an Alias Warrant of Arrest)

Plaintiff,
- versus -

(Sec.8, R.A.9262)
Pedro Santos,
Accused.
x------------------------x
MOTION FOR THE ISSUANCE OF AN
ALIAS WARRANT OF ARREST
The undersigned City Prosecutor of Makati respectfully
alleges that:
1. This honorable court issued a warrant of arrest to the
accused, PEDRO SANTOS, dated April 10, 2012.
Attached herewith the copy of warrant of arrest;
2. After the due execution by the PNP Manila West Police

Station the warrant of arrest was not served to the
accused because he cannot be located in the given
address. Attached herewith the return slip and proof of
service made by the Police Officer,PO2 Santiago
Munez, dated April 14,2012;
3. Thus, there is a necessity of placing the respondent
under immediate custody in order not to frustrate the
ends of justice;
4. WHEREFORE, undersigned and prays that after
hearing and examination of this motion, alias warrant
of arrest be issued to bring the accused under custody,
pending completion of preliminary investigation;
5. The undersigned City Prosecutor finds probable cause
to hold the accused for trial to answer for the crime for
which he is herein accused;
6. The herein accused is imminently leaving the territory
and jurisdiction of the Republic of the Philippines
heading to Afghanistan where the Philippines have no
diplomatic ties much more any extradition treaty;
7. The defendant therefore is viewed as a flight risk which
might jeopardize the proper course of the proceedings
of this course and ultimately thwart the ends of
justice;
8. The continued ability of the accused to roam free
poses a danger to the society within his locality.
WHEREFORE, the prosecution respectfully prays that
this court issue an ALIAS Warrant of Arrest against the herein
accused.
April 16, 2012. Makati City.
MARIENELL FORTUNO
City Prosecutor
Makati City
NOTICE OF HEARING
ALEXES JOSEPH R. BENDIJO
COUNSEL FOR THE ACCUSED
Dear Atty. Bendijo,
Greetings!
Please take notice that on Friday April 22,
of the court.
2012, at the
oclock a.m.,
heard, the
the approval
MARIENELL FORTUNO
City Prosecutor, Makati
Received by
Atty. Alexes R. Bendijo
Counsel for Accused

(Motion for Demurrer to Evidence with Leave of Court)

Plaintiff,
- versus -

(Sec.8, R.A.9262)
Pedro Santos,
Accused.
x------------------------x
MOTION FOR DEMURRER TO EVIDENCE
WITH LEAVE OF COURT
1. That he is the accused in the above-entitled case for
the crime of Violation of RA 9262 against Regina Dela
Cruz;
this case;
3. That the evidence presented where not
validated or certified by proper officials;
properly
4. That the evidence submitted are less substantial to

convict the herein accused of the crime charged against
him.
Honorable Court grants leave to file a demurrer to evidence by
the herein accused.


Roll No. 12344556
NOTICE OF HEARING
MARIENELL FORTUNO
City Prosecutor
Makati City
Greetings!
of the court.

Roll No. 12344556

depose and say:
case
e. Atty. Alexes Joseph R. Bendijo, served the other
Emily Papin
Affiant
April 12, 1995.

Notary Public

PTR No. 234567 1/12/12
IBP No. 6789 1/2/11
ROA 91234
Doc. No.
Page No.
Book No.
Series of 2012.
Copy furnished:
Lourena A. Bundac

(Pre-Trial Brief)

Plaintiff,
- versus -

(Sec.8, R.A.9262)
Pedro Santos,
Accused.
x------------------------x
TRIAL BRIEF
PLAINTIFF, by counsel, respectfully submits his Trial

Brief, as follows:
I.
WILLINGNESS TO ENTER INTO AN AMICABLE
SETTLEMENT AND POSSIBLE TERMS OF ANY SUCH
SETTLEMENT
1.1. Subject to a concrete proposal that is fair and
reasonable and a reciprocal manifestation of openness from
defendant, plaintiff is open to the possibility of amicably
settling this dispute.
II.
BRIEF STATEMENT OF CLAIMS AND DEFENSES
2.1. Enjoining the respondent from threatening to

commit or committing further acts of violence against herein
petitioners;
2.2 Ordering the respondent to stay away at a distance of
One Hundred Kilometers (100 Km.) from the petitioners, their
family and household members permanently;
2.3 Ordering respondent to shoulder the medical expense
incurred by petitioner because of the damaged inflicted to be
at P45,000.00;
2.4 Ordering respondent to pay P50,000.00 as
moral damages suffered by petitioner;
2.5 Ordering respondent to provide at least P20,000 for
the basic daily expenses of herein petitioners as a consequence
of the damaged done to her because of the physical harm
inflicted upon her for three weeks.
III.
FACTS AND OTHER MATTERS ADMITTED BY THE

PARTIES
3.1. Plaintiff and defendants admits to Paragraphs 1 and 2 in

so far as it states their personal circumstances
IV.
ISSUES TO BE TRIED
Plaintiff submits that the following issues be put forward:

4.1. Whether or not petitioner will be granted with
protection order under RA 9262;
4.2. Whether or not plaintiff is entitled to damages.
V.
EVIDENCE
Plaintiff intends to present the following witnesses:

5.1 Plaintiff herself, who will testify on the true
circumstances leading to the filing of this suit;
5.2. PEDRO
DELA
CRUZ,
Jr.
who
witnessed
the
incidents.
VI.
RESORT TO DISCOVERY
In order to have a speedy disposition of the case,

plaintiff intends to use the following modes of
discovery:
6.1. Deposition of witnesses;
6.2
Interrogatories to parties.
Makati, April 15, 2012.

ALFREDO DE OCAMPO
Copy furnished by personal delivery:

Counsel for Accused, Makati City

(Pre-Trial Brief)


Plaintiff,
- versus -

(Sec.8, R.A.9262)
Pedro Santos,
Accused.
x------------------------x
PRE-TRIAL BRIEF
UNDERSIGNED Assistant City Prosecutor hereby
respectfully submits, for purposes of the Pre-Trial hereon,
conformably with Rule 118 of the (2000) Revised Rules on
Criminal Procedure, and sub-paragraph number 1 of
paragraph B of the chapter on Pre-Trial of Administrative
Matter No. 03-1-09-SC, the following Manifestations, Proposals
for Stipulation of Facts and Issues, and Identification of
Evidence for the Prosecution, to wit:
THEORY OF THE PROSECUTION
The theory of the prosecution is premised on the
application of the provisions of the Republic Act 9262 Sec. 5,
on the following circumstances, to wit:
That on February 1,2, and 3, 2012, in Makati City,
Philippines, and within the jurisdiction of this Honorable
Court, the said accused willfully, unlawfully and feloniously
forced the complainant to sign a Deed of Conveyance to
transfer ownership of the land she inherited from her parents
into the name of her husband PEDRO SANTOS, upon denial,

respondent physically abused complainant and caused
physical harm to his wife, that happened thrice in a span of
three (3) days. Complainant apparently suffered significant
amount of injury which resulted to her permanent blindness.
PLEA BARGAINING
The Prosecution shall not enter into any plea bargaining
agreement.
PROPOSALS FOR STIPULATION OF FACTS
I. JURISDICTION:
The Honorable Court has jurisdiction over the subject
matter and the issue of the present case, and on the person of
the accused.
II. IDENTITY OF THE ACCUSED:
The accused named in the Information and in the
affidavits of prosecution witnesses is the same accused earlier
arraigned in court.
III. FACTS OF THE CASE:
III-A. That sometime on the night of February 1. 2, and 3,
2012 accused forced his wife to execute a Deed of Conveyance,
to transfer her inherited land in #3 Ayala Avenue, Makati City,
into the name of herein respondent;
III-B. That the complainant thrice refused to execute the
deed despite the physical violence done to her;
III-C. That she was physically abused causing her to lose

her eyesight permanently;
III-D. That because of such incapacity, her employer was
forced to dismiss her therefore losing her source of income;
EVIDENCE FOR THE PROSECUTION
I. DOCUMENTARY EVIDENCE:
EXHIBIT A --- Marriage Contract of Pedro and Regina
Dela Cruz
EXHIBIT B --- Medical Certificate issued by Dr. John Doe
of St Lukes Hospital.
EXHIBIT C --- Dismissal from Employment
EXHIBIT F --- Police report and testimonies from
witnesses.
II. TESTIMONIAL EVIDENCE:
1. Regina Dela Cruz, the private offended party;
2. Ariben Tan and Hector Lim, neighbors of complainant;
3. Vic Sotto and Joey De Leon, police officers.
4. Pedro Santos, Jr., son of Spouses Cruz
The prosecution hereby reserves the right to present
additional evidence as the need therefore may arise.
ISSUES
WHETHER OR NOT, on said date, time, and place, the
accused, performing the above-mentioned acts, constitute
acts in violation of Sec. 5 par. A of RA 9262.
Makati City, April 25, 2012.
ALFREDO DE OCAMPO


(Formal Offer of Evidence)

Plaintiff,
- versus -

(Sec.8, R.A.9262)
Pedro Santos,
Accused.
x------------------------x
FORMAL OFFER OF EVIDENCE
UNDERSIGNED Assistant City Prosecutor respectfully
offers in evidence for the prosecution the following
documentary, physical, and testimonial evidence, to wit:
Dela Cruz
EXHIBIT B --- Medical Certificate issued by Dr. John
Doe of St Lukes Hospital.
witnesses.
THE TESTIMONIAL EVIDENCE(EXHIBIT F) consists of the
testimonies of witnesses of neighbor (Ariben Tan and Hector
Lim) who apparently saw the incident and police officers (Vic
Sotto and Joey De Leon) who reported to incident.
EXHIBIT A,B, and C are supporting documents that will
prove that they are married, that complainant suffered
tremendous injury and that complainant lost her source of
living.
Exhibit A,B,C,F with all its respective sub-markings,
together with the testimony of said witnesses, are offered for the
identical purpose of showing that on November 1,3 and 10
respondent unlawfully, feloniously and intentionally caused
physical harm to respondent who is his wife.
Furthermore, the prosecution respectfully manifests that
all of the afore-described exhibits/evidence for the prosecution
have been submitted to custody of the Honorable Court.
Makati City, Philippines, April 28, 2012.
ALFREDO DE OCAMPO


(Proffer of Evidence)


Plaintiff,
- versus -

(Sec.8, R.A.9262)
Pedro Santos,
Accused.
x------------------------x
PROFFER OF EVIDENCE
UNDERSIGNED Assistant City Prosecutor respectfully files
this proffer of evidence concerning the excluded evidence stated
below, in accordance with Section 40, Rule 133 of the Rules of
Court , to wit:
Dela Cruz
EXHIBIT B --- Medical Certificate issued by Dr. John
Doe of St Lukes Hospital.
witnesses.
THE TESTIMONIAL EVIDENCE (EXHIBIT F) consists of
the testimonies of witnesses of neighbor (Ariben Tan and Hector
Lim) who apparently saw the incident and police officers (Vic
Sotto and Joey De Leon) who reported to incident.
EXHIBIT A,B, and C are supporting documents that will
prove that they are married, that complainant suffered
tremendous injury and that complainant lost her source of

living.
Exhibit A,B,C,F with all its respective sub-markings,
identical purpose of showing that on November 1,3 and 10
respondent unlawfully, feloniously and intentionally caused
physical harm to respondent who is his wife.
Makati City, Philippines, April 28, 2012.
ALFREDO DE OCAMPO

VIOLATION OF BATAS PAMBANSA BILANG 22

(Complaint-Affidavit)

Makati City
) s.s.
COMPLAINT-AFFIDAVIT
I, May Perez, Filipino, of legal age, single, and a resident
of #2 Mayaman St., Naisahan Village, Makati City, Philippines,
after being sworn to in accordance with law, depose and state:
1. That I know the person of Bal A. Subas, who is a
resident of No. 1 1st Street, Tago Subdivision, Makati
City, Philippines;
2. That sometime in the morning of August 5, 2011, at
Jollibee Ayala Avenue, Makati City, Philippines, the
said Bal A. Subas issued in my favor a Bank of the
Philippine Islands Check No. 123, dated August 5,
2011 in the amount of Php 500,000 as supposed
payment for the loan accommodation, which I have
extended to her;
3. That the said check is drawn against the account of
the said Bal A. Subas at BPI with Account No. 12345678-90;
4. That at the time the said Bal A. Subas issued and
delivered the said check to me, he made the

assurance and representation that the said check is a
good check and would be covered by sufficient funds
when presented for payment;
5. However, when the above-mentioned check was
deposited, the same was dishonored and returned by
the bank on the ground that the same was drawn
against a "CLOSED ACCOUNT". A true and faithful
machine reproduction of the said check is hereto
attached as Annex A;
6. As such, I immediately notified said Bal A. Subas of
the dishonor and return of the said check and
demanded from him that he make good the said check
within five days (5) days from receipt thereof. A true
and faithful machine reproduction of my notice of
dishonor to him is hereto attached as Annex "B";
7. When said Bal A. Subas failed to heed my demands, I
endorsed the said check to my legal counsel who
immediately sent a formal demand letter through
registered mail with return card on September 20,
2011, which was received by the said Bal A. Subas on
September 28, 2011. As of date however, Bal A. Subas
has unjustifiably ignored all these demands to pay the
said account and/or to redeem the said returned
check. A true and faithful machine reproduction of my
demand letter to him is hereto attached as Annex C";
8. I am therefore executing this Complaint-Affidavit in
support of the charges for Violation of Batas
Pambansa Bilang 22 against the said Bal A. Subas,
who may be served with subpoena and other
processes of this Honorable Office at his last known
address at No. 1 1 st Street, Tago Subdivision, Makati
City, Philippines;

this 27th day of October, 2011 at Makati City.
May Perez
Affiant-Complainant
SUBSCRIBED AND SWORN to before me on October 27,
2011 affiant exhibiting to me his Community Tax Certificate
No. 123456 issued in Manila on January 25, 2011.
Witness my hand and Seal.
Alfredo De Ocampo

(Counter-Affidavit)

Makati City
) s.s.
COUNTER-AFFIDAVIT
I, Bal A. Subas, of legal age, single, Filipino and with
residence address at. No.1 1st Street, Tago Subdivision,
Makati City, Philippines, after having been duly sworn in
accordance with law, do hereby depose and state, that:
1. I am respondent in the above-captioned case;
2. I
am
not
aware
of
the
presentment
for
clearing/collection with Bank of the Philippine Islands
Makati by the plaintiff; much more, I was not aware
that the check issued was dishonored by the said bank

upon presentment;
3. It is not enough that the issued check was
subsequently dishonored for insufficiency of funds. It
must be shown that I knew of the insufficiency of
funds at the time the check was issued. Hence the law
provides that the issuer must be notified of the
dishonor;
4. While it is true that I was asked by herein plaintiff to
pay the amount I borrowed, such kind of notice is not
the one required by B.P 22, which must be in writing
as held by the Supreme Court in several of its cases;
5. Considering that I did not receive a written notice of
dishonor of the checks, clearly there is no way of
determining when the 5-day period prescribed in
Section 2 of B.P. 22 would start and end. Thus, the
required knowledge of the insufficiency of funds or
credit at the time I issued the checks did not arise;
6. Finally, therefore, it cannot be said that I violated B.P
22.
I am executing this counter-affidavit, to attest to the
truth of the foregoing and for whatever legal purpose it may
serve.
Makati City, 30 October 2011.
Mr. Bal A. Subas

Respondent-Affiant
SUBSCRIBED and SWORN, to before me in the City of
Makati, this 30th day of October 2011 by Ms. Bal A. Subas
with Residence Certificate No. 0012345 issued at Makati City,

on July 4, 2011.
Alfredo De Ocampo
Copy Furnished:
MAY PEREZ
(Private-Complainant)
#2 Mayaman St., Naisahan Village,
Makati City, Philippines

(Reply)

Makati City
May Perez,
Complainant,
I.S. No. 123456
For: Violation of BP 22
versus Bal A. Subas

Respondent.
x------------------------x
REPLY
COMES NOW, May Perez,

Prosecutor, most respectfully state:
unto
the
Honorable
1. That I am reiterating my allegation in my affidavit that

BAL A. SUBAS borrowed Php 500,000 from me,
obliging himself to pay that loan by August 5, 2011. A
copy of the promissory note which he made and issued
for that loan is hereto attached as Annex A.
2. Last August 5, 2011, in the City of Makati, the
respondent purportedly in payment for that loan, drew
and issued to me a check drawn on the Bank of the
Philippine Islands particularly check no. 123 dated
August 5, 2011. A copy of the check is hereto attached
as Annex B.
3. Upon presentment for clearing and collection, that
check was dishonored by the drawee bank for the
reason Drawn Against Insufficient Funds and
Account Closed. The Bank debit advice to that effect
sis hereto attached as Annex C.
4. That contrary to his claim, he was informed by the
bank teller of the said bank and was asked to deposit
the amount needed for the clearing of the check. Not

only that, Notice of Dishonor was sent to him.
5. Notice of Dishonor and demand for payment were
made upon the respondent. However, the latter simply
ignored them.
6. That I am willing and ready to present Notice of
Dishonor and proof receipt from bank records.
7. That is without doubt, the best evidence to prove the
veracity of my allegation that the respondent violated
B.P. 22 and that I have no other motives initiating this
action but to make him liable for such.
IN WITNESS WHEREOF, I have hereunto affixed my
signature this 11th day of November 2011, in Makati City.
May Perez
Affiant-Complainant
SUBSCRIBED AND SWORN to before me on November
11, 2011 affiant exhibiting to me his Community Tax
Certificate No. 123456 issued in Manila on January 25, 2011.
Witness my hand and Seal.
Alfredo De Ocampo
Copy Furnished:
Bal A. Subas
(Respondent)
1st Street, Tago Subdivision,
Makati City, Philippines

(Rejoinder)

Makati City
May Perez,
Complainant,
versus -
I.S. No. 123456

Bal A. Subas
Respondent.
x------------------------x
REJOINDER
COMES NOW the respondent, Bal A. Subas, through
counsel, and, by way of a Rejoinder to the complainants Reply,
respectfully alleges that:
1. The Reply filed by the complainant disregards the fact
that respondent was not informed or was made aware
of the presentment, much more the dishonor by the
bank as alleged in the Complaint and Reply of herein
complainant;
2. The allegation of the Complainant that she sent a

written notice of dishonor supporting her claim and
the consequent act of ignoring the said notice is
denied. How can someone ignore something he was
not aware of, in the first place.
3. It is not enough that the issued check was
subsequently dishonored for insufficiency of funds. It
must be shown that respondent knew of the
insufficiency of funds at the time the check was
issued. Hence, the law provides that the issuer must
be notified of the dishonor;
4. While it is true that respondent was asked by herein
plaintiff to pay the amount borrowed, such kind of
notice is not the one required by B.P. 22, which must
be in writing as held by the Supreme Court in several
of its cases;
5. To reiterate, considering that respondent did not
receive a written notice of dishonor of the checks,
clearly, there is no way of determining when the 5-day
period prescribed in Section 2 of B.P 22 would start
and end. Thus, the required knowledge of the
insufficiency of funds or credit at the time respondent
issued the checks did not arise.
Applying the foregoing arguments, therefore, it cannot be
said that respondent violated B.P. 22.
PREMISES CONSIDERED, there appears no valid nor
cogent reason to proceed with the filing of the information as
there is clearly a lack of merit on the case of the complainant.
Makati City, November 21, 2011.
LOURENA A. BUNDAC
Roll No.12344556
PTR No. 12345/01-07 11/Makati City
SUBSCRIBED AND SWORN to before me this 21 th day of
November, 2011 at Makati. I further certify that I have
examined the affiant and I am satisfied that he understood
and voluntarily executed the foregoing counter-affidavit.
Alfredo De Ocampo
(Sur-Rejoinder)

Makati City
May Perez,
Complainant,
versus -
I.S. No. 123456

Bal A. Subas
Respondent.
x------------------------x
SUR-REJOINDER
COMES NOW the complainant, MAY PEREZ, through
counsel, and, by way of a Sur rejoinder, respectfully alleges
that:
This Sur rejoinder is being filed with the Office of the City
Prosecutor considering that Rejoinder filed by the respondent
disregards the fact that Notice of Dishonor and demand for
payment were made upon the respondent. However, the latter
simply ignored them.

Roll No. 22344556
Copy furnished:
BAL A. SUBAS Makati City

No.1 1st Street, Tago Subdivision, Makati City, Philippines



Makati City
May Perez,
Complainant,
versus -
I.S. No. 123456

Bal A. Subas
Respondent.
x------------------------x
Accused BAL A. SUBAS, through the undersigned
counsel, respectfully alleges:
1 That he is the accused in the above-entitled case of the
crime of violation of BP 22 committed against MAY
PEREZ;
2 That the Complaint-Affidavit contains several matters
WHEREFORE, it is respectfully prayed that the
December 16, 2011. Makati City
LOURENA A. BUNDAC
ROLL NO.12344556
PTR OR NO. 12345/01-07 11/Makati City
IBP OR NO. 123456/02-01-11/Makati City
MCLE NO. 123456/02-01-11/Makati City
NOTICE
OF
HEARING
MARIENELL FORTUNO
City Prosecutor
Makati City
Greetings!
Please take notice that on Friday, December 16, 2011, at
the Makati City Metropolitan Trial Court Branch 07 at 9
oclock a.m., or as soon thereafter as counsel can be heard,
the undersigned will submit the foregoing motion for the
approval of the court.
Makati, Philippines. December 12, 2011
LOURENA A. BUNDAC
ROLL NO.12344556

(Resolution)

Makati City
Mary Perez,
Complainant,
I.S. No. 123456
versus Bal A. Subas,

Respondent.
x---------------------------------x
RESOLUTION
Batas Pambansa Bilang 22 allegedly committed during the
month of August 2011, at Makati City, supported by the sworn
statement of the complainant, photocopies of the dishonored
checks, demand letters, and proof of receipt of the same by the
respondents.
After careful perusal of the complaint, it is shown that

BAL A. SUBAS has willfully, unlawfully and feloniously made
or drew and issued to MAY PEREZ Check no. 123 dated
August 5, 2011, drawn against Bank of the Philippine Islands
in the amount of Php 500,000; that said accused well knowing
that at the time of issue, he did not have sufficient in or credit
with the drawee bank for the payment in full of the face
amount of said check upon its presentment, which check,
when presented for payment within ninety (90) days from its
date, was dishonored by the drawee bank for the reason
Drawn Against Insufficient Funds and Account Closed, and
despite receipt of notice of such dishonor, he failed to pay said
payee the face amount thereof or to make arrangements for its
full payment within five (5) banking days after receiving notice.
sufficient cause to hold the respondent BAL A. SUBAS for
VIOLATION OF B.P. 22, as defined and punished under the
said law.
Makati City, December 5, 2011.
ALFREDO DE OCAMPO
APPROVED:
MARIENELL FORTUNO
City Prosecutor

(Information)

Metropolitan Trial Court
Makati City
People of the Philippines,
Plaintiff,
versus -

Bal A. Subas,
Defendant.
x---------------------------------x
INFORMATION
The undersigned Assistant City Prosecutor accuses BAL
A. SUBAS of the crime of violation of B.P. 22, committed as
follows;
That sometime in the month of August 2011, in the
city of Makati, Philippines and within the jurisdiction of
this Honorable Court, the above-named accused, did
then and there willfully, unlawfully and feloniously make
or draw and issue to MAY PEREZ, to apply on account or
for value the check describe below:
CHECK No.
Drawn Against :
In the Amount of
Dated/ Postdated
:
123
Bank of the Philippine Islands
:
Php 500,000
:
August 5, 2011
Said accused well knowing that at the time of issue,

he did not have sufficient in or credit with the drawee
bank for the payment in full of the face amount of said
check upon its presentment, which check, when
presented for payment within ninety (90) days from its
date, was dishonored by the drawee bank for the reason
DRAWN
AGAINST
INSUFFICIENT FUNDS
and
ACCOUNT CLOSED, and despite receipt of notice of
such dishonor, he failed to pay said payee the face
amount thereof or to make arrangements for its full
payment within five (5) banking days after receiving
notice.
Contrary to law.
Makati, December 10, 2011.
ALFREDO DE OCAMPO
Witnesses:
1. Draymond M. Green - No. 1 Second Street, Makati
City, Philippines
BAIL RECOMMENDED: P200,000.00.
ALFREDO DE OCAMPO

(Affidavit of Desistance Mis-accounting)

Makati City
) s.s.
after having been sworn to in accordance with law, depose and
says that:
12345 for VIOLATION OF BP 22, entitled People of
the Philippines vs. BAL A. SUBAS, which is now
pending before the Metropolitan Trial Court, National
Capital Judicial Region, Makati City, Branch 07;
honestly believe that I have committed a misaccounting of the debt of the accused and having seen
the corrected record, I now clear the accused of the
debt amounting to Php 500,000.00 and thereby
negating the need for the payment of the check in
question;
4. I am not paid, threatened, nor coerce in executing this

this 13th day of December 2011, in the City of Makati.
MAY PEREZ
Affiant
SUBSCRIBED AND SWORN to before me on December

Notary Public
PTR No. 1234567 1/12/11
IBP No. 6789 1/2/11
ROA 91234
Doc. No.
Page No.
Book No.
Series of 2011.


Makati City
) s.s.
says that:
honestly believe that, due to severe intoxication and
the non-use of my glasses, without which I am
practically blind, I am not in the position to properly
identify whether or not it is the accused who actually
signed and issued the said check;

MAY PEREZ
Affiant

Notary Public
PTR No. 1234567 1/12/11
IBP No. 6789 1/2/11
ROA 91234
Doc. No.
Page No.
Book No.
Series of 2011.


Makati City
) s.s.
says that:

honestly believed of my own knowledge that the
incident which led to the filing of the above-captioned
case was just a misunderstanding between the
complainant and the aforementioned accused;
5. I am voluntarily executing this affidavit to attest to the
MAY PEREZ
Affiant

Notary Public
PTR No. 1234567 1/12/11
IBP No. 6789 1/2/11
ROA 91234
Doc. No.
Page No.
Book No.
Series of 2011.


Makati City
Plaintiff,

Defendant.
x---------------------------------x

COMES NOW Accused BAL A. SUBAS, through the
1. That the accused is in custody for the alleged
commission of the crime of violation of B.P. 22;
strong;
satisfactorily shown, the accused may be bailed at the
courts discretion.

respectfully prayed that the accused be admitted to bail in
LOURENA A. BUNDAC
ROLL NO.12344556
NOTICE
OF
HEARING
MARIENELL FORTUNO
City Prosecutor
Makati City
Greetings!
LOURENA A. BUNDAC
ROLL NO.12344556
Received by:


Makati City
Plaintiff,
Defendant.
x---------------------------------x
Php 200,000.00
2. That said defendant has other current obligations which
are due and demandable, proof of such are attached here
as Annex A.
WHEREFORE, the accused BAL A. SUBAS respectfully
December 16, 2011. Makati City.
LOURENA A. BUNDAC
ROLL NO.12344556
NOTICE
OF
HEARING
MARIENELL FORTUNO
City Prosecutor
Makati City
Greetings!
LOURENA A. BUNDAC
ROLL NO.12344556
Received by:

(Motion for the Release of the Accused on Recognizance)

Makati City
Plaintiff,
versus -
Bal A. Subas,
Defendant.
x---------------------------------x
MOTION TO RELEASE ACCUSED ON RECOGNIZANCE

commission of the crime of violation of B.P. 22;
2. That being unable to post the required cash or bail bond,
hereby binds himself, pending final decision of the aboveentitled case, to appear before the court when so ordered;
3. That the undersigned hereby further binds himself to
accept the authority of KA T. WALA whose custody he
was placed by the Court.
respectfully
prayed
that
the
accused
be
released
on
recognizance.
LOURENA A. BUNDAC
ROLL NO.12344556

NOTICE
OF
HEARING
MARIENELL FORTUNO
City Prosecutor
Makati City
Greetings!
LOURENA A. BUNDAC
ROLL NO.12344556
Received by:

(Motion to Quash the Information)

Makati City
Plaintiff,

Defendant.
x---------------------------------x
MOTION TO QUASH
Defendant BAL A. SUBAS, through the undersigned
crime of Violation of BP 22 committed against MAY
PEREZ.
this case.
oficio.
LOURENA A. BUNDAC
ROLL NO.12344556
NOTICE
OF
HEARING
MARIENELL FORTUNO
City Prosecutor
Makati City
Greetings!
LOURENA A. BUNDAC

ROLL NO.12344556
Received by:


Makati City
Plaintiff,

Defendant.
x---------------------------------x

PROBABLE CAUSE AND HOLD IN ABEYANCE THE
ARRAIGNMENT OF THE ACCUSED
Accused BAL A. SUBAS, through the undersigned

crime of Violation of BP 22 committed against MAY
PEREZ.
this case.
3. That the City Prosecutor made a grave abuse of
discretion when she approved the filing of the
Information when there is evidently no probable cause
to hold the herein accused for the crime he allegedly
committed.
herein accused.
LOURENA A. BUNDAC
ROLL NO.12344556
NOTICE
OF
HEARING
MARIENELL FORTUNO
City Prosecutor
Makati City
Greetings!
LOURENA A. BUNDAC
ROLL NO.12344556
Received by:



Department of Justice
OFFICE OF THE CITY PROSECUTOR
Makati City
Mary Perez,
Complainant,
versus -
I.S. No. 123456

Bal A. Subas,
Respondent.
x------------------------x
Respondent BAL A. SUBAS, through the undersigned
1. That he is the respondent in the above-entitled
complaint of the crime of violation of BP 22 committed
against MAY PEREZ.
2. That the evidence presented is not sufficient to justify
the findings of probably cause.
LOURENA A. BUNDAC
ROLL NO.12344556
NOTICE
OF
HEARING
MARIENELL FORTUNO
City Prosecutor
Makati City
Greetings!
LOURENA A. BUNDAC
ROLL NO.12344556
Received by:


Malacanan, Manila
Bal A. Subas,
Appelant,
I.S. No. 123456
versus Prosecutor Marienell Fortuno,

Appellee.
x---------------------------------------x
APPEAL
COMES NOW the appellant-accused, through

undersigned counsel, and hereby allege the following
I.
the
ASSIGNMENT OF ERROR

II.
FACTS OF THE CASE

commission of the crime of Violation of BP 22 as defined and
punished under the Revised Penal Code allegedly done against
the herein appellee-complainant. The City Prosecutor, in her
Resolution, finds probable cause in the case. A Motion for
Reconsideration was filed but was also denied. The Resolution
was appealed to the Department of Justice but the latter also
finds probable cause. Thus this appeal.
III.
ARGUMENT OF THE RESPONDENT
Appellant-respondent argues that there cannot be any

probable cause where the evidence produced is insufficient to
support such finding of probable cause.
IV.
STATEMENT OF ISSUE

V.
RELIEF

of the City Prosecutor of Makati finding probable cause against
the herein appellant-respondent.
LOURENA A. BUNDAC
ROLL NO.12344556


Makati City
Plaintiff,

Defendant.
x---------------------------------x
MOTION FOR THE ISSUNCE OF AN

alleges that:
accused, BAL A. SUBAS, dated December 16, 2011.
Attached herewith the copy of warrant of arrest.
service made by the Police Officer,PO1 Santiago
Munez, dated December 18,2011.
ends of justice.

of arrest be issued to bring the accused under custody.

justice;
accused.
LOURENA A. BUNDAC
ROLL NO.12344556
NOTICE
OF
HEARING
MARIENELL FORTUNO
City Prosecutor
Makati City
Greetings!

LOURENA A. BUNDAC
ROLL NO.12344556
Received by:



Makati City
Plaintiff,
Defendant.
x---------------------------------x
WITH LEAVE OF COURT
Accused BALA A. SUBAS, through the undersigned
crime of Violation of BP 22 committed against May
Perez;
this case;
3. That the evidence submitted is insufficient to convict
the herein accused of the crime charged against him.

the herein accused.
LOURENA A. BUNDAC
ROLL NO.12344556
NOTICE
OF
HEARING
MARIENELL FORTUNO
City Prosecutor
Makati City
Greetings!
LOURENA A. BUNDAC

ROLL NO.12344556
Received by:

(Trial Brief)

Makati City
Plaintiff,

Defendant.
x---------------------------------x
TRIAL BRIEF
PLAINTIFF, by counsel, respectfully submits his Trial Brief,
as follows:
I.

SETTLEMENT AND POSSIBLE TERMS OF ANY
SUCH SETTLEMENT
1.1.Subject to a concrete proposal that is fair and reasonable

and a reciprocal manifestation of openness from
II.
2.1 Accused is liable for violation of BP 22, failing to pay said

plaintiff the face amount thereof or to make arrangements
for its full payment within five (5) banking days after
receiving notice of dishonor by the bank.
2.2. Accused alleged that he was neither informed nor was
made aware of the presentment, much more the dishonor
by the bank.
III.

PARTIES
3.1. Plaintiff and defendants admits to Paragraphs A, B, and

C, in so far as it states their personal circumstances
IV.
ISSUES TO BE TRIED
4.1. Whether or not accused violated BP 22.

V.
EVIDENCE
5.1Plaintiff herself, who will testify on the true circumstances

leading to the filing of this suit;
5.2
Draymond M. Green, business partner of the herein

private offended party who was present during the issuance
of the check and the failed encashment thereof.
VI.
RESORT TO DISCOVERY
In order to have a speedy disposition of the case, plaintiff

intends to use the following modes of discovery:
6.2
Makati City, December 18, 2011
LOURENA A. BUNDAC
ROLL NO.12344556
Received by:


(Pre-Trial Brief)


Makati City
Plaintiff,
Defendant.
x---------------------------------x
PRE-TRIAL BRIEF
UNDERSIGNED
Assistant
City
Prosecutor
hereby

Criminal
Procedure,
and
sub-paragraph
number
of

application of the provisions of Batas Pambansa Blg. 22, on
the following circumstances, to wit:
That on or about the month of August,
2011, in the City of Makati, Philippines, and
within the jurisdiction of this Honorable Court,
the said accused willfully, unlawfully and
feloniously make, draw and issue in favor of

Juan dela Cruz, to apply on account of, or for
value, Bank of Philippine Islands, Check No.
123, dated August 5, 2011, in the amount of
Five Hundred Thousand Pesos
(P500,000.00),
said accused knowing at the time of issue that

he did not have sufficient funds in, or credit
with, said drawee bank, and/or said accused
having failed to keep sufficient funds in, or to
maintain credit with, said drawee bank within
a period of ninety (90) days from the date of
issue thereof, consequently, the check, when
presented for payment, was dishonored by said
drawee bank for having been drawn against a
closed account, and despite notice of such
dishonor, said accused failed to pay said payee
the
amount
of
said
check,
or
to
make
arrangement for the full payment of the same,

to the damage and prejudice to the complainant
in the sum of P500,000.00, Philippine Currency.
PLEA BARGAINING
agreement.
I. JURISDICTION:
matter and the issue of the present case, and on the
person of the accused.

affidavits of prosecution witnesses is the same
accused earlier arraigned in court.
III. FACTS OF THE CASE.
III-A. That sometime in the morning of October 5, 2009, at
Jollibee Ayala Avenue, Makati City, Philippines, the said BAL
A. SUBAS
issued in my favor a BPI Check No. 123, dated
August 5, 2011 in the amount of P 500,000 as supposed

payment for the loan accommodation, which I have extended
to her;
III-B. That the said check is drawn against the account of the
said BAL A. SUBAS at BPI with Account No. 0012-3456-78;
III-C. That at the time the said BAL A. SUBAS issued and
delivered the said check to me, he made the assurance and
representation that the said check is a good check and would
be covered by sufficient funds when presented for payment;
III-D. However, when the above-mentioned check was
deposited, the same was dishonored and returned by the bank
on the ground that the same was drawn against a "CLOSED
ACCOUNT".
III-E. As such, I immediately notified said BAL A. SUBAS of the
dishonor and return of the said check and demanded from
him that he make good the said check within five days (5) days
from receipt thereof.
III-F. When said BAL A. SUBAS failed to heed my demands, I
endorsed the said check to my legal counsel who immediately
sent a formal demand letter through registered mail with
return card on September

said BAL A. SUBAS on
however, BAL A. SUBAS
demands to pay the said
returned check.
20, 2009, which was received by the

September 28, 2009. As of date
has unjustifiably ignored all these
account and/or to redeem the said

EXHIBIT A -- A true and faithful reproduction of
the Check in question.
EXHIBIT B A true and faithful machine
reproduction of the formal conference with the
Assistant City Prosecutor;
EXHIBIT C A true and faithful machine
reproduction of the demand letter sent to BAL A.
SUBAS.
1. May Perez, the private offended party;
2. Draymond M. Green, business partner of the herein private
offended party who was present during the issuance of the
check and the failed encashment thereof.
The prosecution hereby reserves the right to
present additional evidence as the need therefore may
arise.
ISSUES
accused:
1. Performing the above-mentioned acts, constitute

a violation of Batas Pambansa Blg. 22.
Respectfully submitted:
Alfredo De Ocampo

LOURENA A. BUNDAC
Counsel for the accused
Makati City.


Makati City
Plaintiff,
versus -

Bal A. Subas,
Defendant.
x---------------------------------x
EXHIBIT A --- A true and faithful machine
reproduction of the dishonored check.
EXHIBIT B --- A true and faithful machine
reproduction of the notice of dishonor sent by
the complainant to the accused;
reproduction of the demand letter sent by the
complainant to the accused.
THE TESTIMONIAL EVIDENCE consists of the
testimonies given by witnesses May Perez, the private offended
party; and Draymond M. Green, business partner of the herein
private offended party who was present during the issuance of
the check and the failed encashment thereof.
Exhibits A, B, C, D, and E, with all its respective submarkings, together with the testimony of said witnesses, are
offered for the identical purpose of showing that on 5 th day of
August, 2011, at Jollibee Ayala Avenue, Makati City,
Philippines, the accused issued a check knowing fully well that
it is not funded or that he was not able to maintain the fund
sufficient to pay for his obligation with the herein private
offended party.
Alfredo De Ocampo

LOURENA A. BUNDAC
Makati City.


Makati City
Plaintiff,
Defendant.
x---------------------------------x
PROFFER OF EVIDENCE
Court , to wit:
EXHIBIT A ---
A true and faithful
machine
reproduction of the dishonored check.

reproduction of the notice of dishonor sent by the
complainant to the accused;
reproduction of the demand letter sent by the
complainant to the accused.

testimonies given by witnesses May Perez, the private offended
party; and Draymond M. Green, business partner of the herein
private offended party who was present during the issuance of
the check and the failed encashment thereof.
Exhibits A, B, C, D, and E, with all its respective submarkings, together with the testimony of said witnesses, are
offered for the identical purpose of showing that on 5 th day of
August, 2011, at Jollibee Ayala Avenue, Makati City,
Philippines, the accused issued a check knowing fully well that
it is not funded or that he was not able to maintain the fund
sufficient to pay for his obligation with the herein private
offended party.
The prosecution respectfully submit these evidence on
record in the event of an appeal.
ALFREDO DE OCAMPO
Copy furnished by personal delivery in open court:

LOURENA A. BUNDAC
Makati City
ESTAFA

Makati City
) s.s.
COMPLAINT-AFFIDAVIT
I, NILO LOCCO, of legal age, Filipino citizen, single, a
resident of Makati City, and with business postal address #1
Ayala Avenue, Makati City, after having been duly sworn in
accordance with law, freely and voluntarily depose and state
that:
1. I am the proprietor of D Gold Shop, located at #1 Ayala
Avenue, Makati City, which is engaged in the trading of
gold bars;
2. I and ESTEE NAFA, the latters address being #2
Buendia Ave, Makati City, Philippines, entered into a
contract dated March 5, 2010, whereby I entrusted to the
latter ten (10) 14K gold bars amounting to Php
10,000,000.00 whereby said ESTEE NAFA shall sell it as
my agent. The contract is hereby included here as Annex
A.
3. Pursuant to said contract, said ESTEE NAFA was
entrusted with such merchandise.
4. However, notwithstanding repeated verbal and written
demands made upon said agent, and even as I availed of
the relief for a formal conference (Annex B) before an
assistant city prosecutor, at Makati City, in the hope of
finding a remedy for the injustice done to me, said
ESTEE NAFA failed and refused to remit the proceeds of
the sale of the merchandise received by her in accordance
with the contract agreements, and, likewise, he, as my
Agent, failed and refused to return the same goods to me

as her Principal.
5. On October 1, 2010 ESTEE NAFA misappropriated the
said gold bars by having it cut processed to fit some of
her jewelries.
6. In view of the foregoing, I hereby respectfully institute my
complaint against said ESTEE NAFA for Estafa, as
defined and punished under Presidential Decree No. 115,
in relation to Article 315, par. 1(b), of the Revised Penal
Code.
IN TRUTH WHEREOF, I have hereunto set my hand this
5th day of October, 2010, in the City of Makati, Philippines.
NILO LOCCO
(Affiant)
October 2010, affiant exhibiting to me his Community Tax
Makati City.
VICTOR C. SALVADOR
CERTIFICATION
VICTOR C. SALVADOR
ESTAFA
(Counter-Affidavit)

Makati City
) s.s.
COUNTER-AFFIDAVIT
I, ESTEE NAFA, of legal age, Filipino, single, and a
resident #2 Buendia Ave, Makati City, Philippines, after having
been sworn to in accordance with law, hereby depose and
states that:
1 I am the respondent in the Complaint-Affidavit
instituted by complainant NILO LOCCO;
2 Hence, this Counter-Affidavit;
3 I vehemently deny the accusations and allegations
made by complainant NILO LOCCO. The allegations
are uncalled for and outright unjust;
4 The truth of the matter being: that the ten (10) gold
bars that were entrusted to me were in fact sold to me
by means of a Deed of Conveyance;
5 That being the owner of the said gold bars, I have the
power under law to dispose of it as I see fit;
6 This is in fact a civil matter and not a criminal one;
7 That as part of my documentary evidence, I am

herewith attaching a copy of the Deed of Conveyance
as Annex A, clearly indicating therein that
complainant NILO LOCCO, sold to me the said gold
bars;
8 I am executing this counter-affidavit to deny the
accusations of the complainant and for the
DISMISSAL of this complaint.
IN WITNESS WHEREOF, I have here unto set my hand
this 10th day of October 2010, at Makati City.
ESTEE NAFA
Affiant
Certificate No. 123456 issued on January 5, 2010, at Makati
City.
CERTIFICATION
affiant and I am satisfied that he understood this counteraffidavit and that he voluntarily executed the same.
VICTOR C. SALVADOR
ESTAFA
(Reply)
Makati
Nilo Locco,
Complainant,
- versus -
I.S. No. 3456

For: Estafa
Estee Nafa,
Respondent.
x------------------------x
REPLY
that:
a I am executing this affidavit in reply jointly to the
counter-affidavit submitted by the respondent in
I. S. No. A-123-456 and, at this outset, I hereby
reiterate and incorporate herein my allegations in
my earlier complaints-affidavit filed against the
answering respondent;
b The argument raised by the respondent in the
counter affidavit is that the Deed of Conveyance
is actually a Deed of Sale;
c A careful reading of the Deed of Conveyance

would show that the said instruments purpose is
only to transfer possession of the gold bars to the
respondent for the purpose of her selling the
same as my agent;
d This affidavit is made in utmost good faith for the
sole purpose of attesting to the truth of the
foregoing statements of fact in furtherance of my
efforts to prosecute the respondent in conformity
with my complaint filed against her
20 day of October, 2010, at the City of Makati, Philippines.
th
NILO LOCCO
(Affiant)

October, 2010, at the City of Makati, Philippines, and I hereby
certify that I have personally examined the affiant and that I
am satisfied that she voluntarily executed and understood her
affidavit.
VICTOR C. SALVADOR
ESTAFA
(Rejoinder)
Makati
Nilo Locco,
Complainant,
- versus -
I.S. No. 3456

For: Estafa
Estee Nafa,
Respondent.
x------------------------x
REJOINDER
COMES NOW the respondent, ESTEE NAFA, through
counsel, and, by way of a Rejoinder to the complainants Reply,
1. This Rejoinder is being filed with the Office of the City

Prosecutor considering that Reply filed by the
complainant disregards the fact that the language of
the Deed of Conveyance points to no other
conclusion that what transpired is an actual sale.
Makati City, October 25, 2010.
JEREMY B. BAUTISTA
ROLL NO.12344556
Copy furnished:
NILO LOCCO
#1 Ayala Avenue, Makati City
ESTAFA
(Sur-Rejoinder)
Makati
Nilo Locco,
Complainant,
- versus -
I.S. No. 3456

For: Estafa
Estee Nafa,
Respondent.
x------------------------x
SUR REJOINDER
COMES NOW the complainant, NILO LOCCO, through
counsel, and, by way of a Sur rejoinder, respectfully alleges
that:
respondent disregards the fact that the mere
conversion of property entrusted to the agent without
the principals consent constitute estafa under the
Revised Penal Code.
RAMONCHITO L. DE LUMEN
COUNSEL FOR THE COMPLAINANT
ROLL NO. 22344556
PTR OR NO. 22345/01-07-10/Makati City
Copy furnished:
ESTEE NAFA Makati City
Respondent
ESTAFA
Makati
Nilo Locco,
Complainant,
- versus -
I.S. No. 3456

For: Estafa
Estee Nafa,
Respondent.
x------------------------x
Accused
ESTEE
NAFA,
through
the
undersigned

1. That she is the accused in the above-entitled case of the
crime of violation of ESTAFA committed against NILO
LOCCO.
2. That the Complaint-Affidavit contains several matters
WHEREFORE,
it
is
respectfully
prayed
that
the

November 10, 2010. Makati City
JEREMY B. BAUTISTA
ROLL NO.12344556
NOTICE
OF
HEARING
RONALD C. GONZALES
City Prosecutor
Makati City
Greetings:
Please take notice that on Friday, November 10, 2010, at
of the court.
Makati, Philippines. November 4, 2010
JEREMY B. BAUTISTA
ROLL NO.12344556
Received by:
ESTAFA
(Resolution)
Makati
Nilo Locco,
Complainant,
- versus -
I.S. No. 3456

For: Estafa
Estee Nafa,
Respondent.
x------------------------x
RESOLUTION
SUBMITTED for resolution is a complaint for Estafa
allegedly committed during the month of October 2005, at
Makati City, supported by the sworn statement of the
complainant, photocopies of the Contract of Agency and the
Deed of Conveyance.

complainant and respondent entered into an agreement
whereby the respondent is to sell ten (10) gold bars for the
complainant.
Each of the said gold bar costs Php 1,000,000.00 each,
totaling to Php 10,000,000.00. However, after demand for
return and accounting of the said gold bars, the respondent
failed and refused to return the gold bars and/or failed and
refused to do a proper accounting for the same.
Moreso,
on
October
1,
2030,
ESTEE
NAFA
misappropriated the said gold bars by having them cut and to

fit her own personal jewelry collection.
complaint is without legal and factual basis since, according to
her, the wordings of the Deed of Conveyance is one of sale
and not of agency to sell.
In
the
evaluation
of
the
complainants
evidence,
especially the Deed of Conveyance, it is clear that the

purpose of the said instrument is only to convey possession of
the gold bars for purpose selling the same.
The findings of the mediator where both parties sought
assistance also points to the conclusion that no sale took
place. The respondents refusal to make even a proper
accounting of the said gold bars constitute a reasonable
ground to believe that said respondent intends on defrauding
the complainant.
sufficient cause to hold the respondent ESTEE NAFA for
ESTAFA, as defined and punished under Presidential Decree
No. 115, in relation to Article 315, par. 1(b), of the Revised

Penal Code.
VICTOR C. SALVADOR
APPROVED:
RONALD C. GONZALES
City Prosecutor
ESTAFA
(Information)
METROPOLITAN TRIAL COURT
Makati, Brach VII
People of the Philippines
Plaintiff,
For: Violation of Art. 315 (b)
of the RPC (Estafa)
- versus -
Estee Nafa,
Defendant.
x---------------------------------x
INFORMATION
The undersigned City Prosecutor of the City of Makati,

accuses ESTEE NAFA of the crime of Estafa, defined and
punished under Article 315, paragraph 1(b), of the Revised
Penal Code, committed as follows:
That on or about the 1st day of October, 2010, in the City
of Makati, , and within the jurisdiction of this Honorable
Court, the said accused ESTEE NAFA, after having
received from complainant NILO LOCCO ten (10) pieces
of gold bars each costing Php 1,000,000.00 totaling Php
10,000,000.00, with the express obligation on the part of
the accused to remit the same to the complainant if she
failed to sell the same or otherwise remit to the
complainant the proceeds of the sale of the same, , with
intent to gain and to defraud said complainant through
unfaithfulness and abuse of confidence, did then and
there
willfully,
unlawfully,
and
feloniously
misappropriate, misapply, and convert to her own
personal use and benefit, the aforesaid gold bars, to the
damage and prejudice of said complainant in the amount
of P10,000,000.00, Philippine currency.
Contrary to law.
Makati City, November 3, 2010
RONALD C. GONZALES
City Prosecutor
I HEREBY CERTIFY that this Information is being filed in
accordance with the 2000 Rules on Criminal Procedure; that
upon examination of the affidavit of the complainant and other
evidence submitted, there is reasonable ground to believe that
the crime charged has been committed and that the accused is
probably guilty thereof, and that the accused was given the
opportunity to submit her controverting evidence.
VICTOR C. SALVADOR
SUBSCRIBED AND SWORN to before me this 3rd day of
November, 2010, at Makati City.
RONALD C. GONZALES
City Prosecutor
Witnesses:
Chiz Moso #3 La Gawa, St. Makati City
BAIL RECOMMENDED:
Php 100,000.00
RONALD C. GONZALES
City Prosecutor
ESTAFA
(Affidavit of Desistance Mis-accounting)

Makati City
) s.s.

that:
1. I am the Private Complainant in Criminal Case No. A123-456 for ESTAFA, entitled People of the Philippines
vs. ESTEE NAFA, which is now pending before the
Regional Trial Court, National Capital Judicial Region,
2. After a careful evaluation of the facts and circumstances
surrounding the case, I personally and honestly believe
that I have committed a mis-accounting regarding the
remittance of the proceeds of sale and after having seen
the corrected records, I now clear the accused of the debt
amounting to Php 10,000,000.00;
3. I am no longer interested in further prosecuting the case
against the accused;
veracity of the foregoing and to move for the dismissal of
the said case against the accused.

this 4th day of November 2010, in the City of Makati.
NILO LOCCO
(Affiant)

November 2010, affiant exhibiting to me his Community Tax
Makati City.
ANTHONY M. LAUREANO
Notary Public
PTR No. 1234567 1/12/10
IBP No. 6789 1/2/110
ROA 91234
Doc. No.
Page No.
Book No.
Series of 2010.
ESTAFA

Makati City
) s.s.
that:
that I have no convincing proof or testimony to show that
it was actually the accused who misappropriated the gold
bars or caused the misappropriation of the same;

NILO LOCCO
(Affiant)
Makati City.
ANTHONY M. LAUREANO
Notary Public
PTR No. 1234567 1/12/10
IBP No. 6789 1/2/110
ROA 91234
Doc. No.
Page No.
Book No.
Series of 2010.
ESTAFA

Makati City
) s.s.
that:
that the transaction that actually took place is one of
sale, as alleged by the accused;

NILO LOCCO
(Affiant)
Makati City.
ANTHONY M. LAUREANO
Notary Public
PTR No. 1234567 1/12/10
IBP No. 6789 1/2/110
ROA 91234
Doc. No.
Page No.
Book No.
Series of 2010.
ESTAFA
(Motion for Allowance to Post Bail)
Makati, Brach VII
Plaintiff,
- versus -

of the RPC (Estafa)
Estee Nafa,
Defendant.
x---------------------------------x
COMES NOW accused ESTEE NAFA, through the
commission of the crime of Estafa;
strong;
satisfactorily shown, the defendant may be bailed at the

courts discretion.
JEREMY B. BAUTISTA
ROLL NO.12344556
NOTICE
OF
HEARING
RONALD C. GONZALES
City Prosecutor
Makati City
Greetings:
of the court.
JEREMY B. BAUTISTA

ROLL NO.12344556
Received by:
ESTAFA
Makati, Brach VII
Plaintiff,
of the RPC (Estafa)
- versus -
Estee Nafa,
Defendant.
x---------------------------------x
Php 100,000.00
2. That said defendant has exhausted all her real and
personal assets, saved those necessary for daily existence
of the accused, to pay for the gold bars sold to said
respondent by the complainant.
WHEREFORE, the accused ESTEE NAFA respectfully

JEREMY B. BAUTISTA
ROLL NO.12344556
NOTICE
OF
HEARING
RONALD C. GONZALES
City Prosecutor
Makati City
Greetings:
of the court.
JEREMY B. BAUTISTA
ROLL NO.12344556
Received by:
ESTAFA
(Motion to Release Accused on Recognizance)
Makati, Brach VII
Plaintiff,
- versus -

of the RPC (Estafa)
Estee Nafa,
Defendant.
x---------------------------------x
commission of the crime of Estafa;
hereby binds himself, pending final decision of the aboveentitled case, to appear before the court when so ordered;
accept the authority of Kako Sa in whose custody he was
placed by the Court.

respectfully
prayed
that
the
defendant
be
released
on
recognizance.
JEREMY B. BAUTISTA
ROLL NO.12344556
NOTICE
OF
HEARING
RONALD C. GONZALES
City Prosecutor
Makati City
Greetings:
of the court.
JEREMY B. BAUTISTA

ROLL NO.12344556
Received by:
ESTAFA
Makati, Brach VII
Plaintiff,
of the RPC (Estafa)
- versus -
Estee Nafa,
Defendant.
x---------------------------------x
MOTION TO QUASH
crime of estafa committed against NILO LOCCO.
this case.
oficio.
JEREMY B. BAUTISTA
ROLL NO.12344556
NOTICE
OF
HEARING
RONALD C. GONZALES
City Prosecutor
Makati City
Greetings:
of the court.
JEREMY B. BAUTISTA
ROLL NO.12344556

Received by:
ESTAFA
Makati, Brach VII
Plaintiff,
- versus -

of the RPC (Estafa)
Estee Nafa,
Defendant.
x---------------------------------x
PROBABLE CAUSE AND TO HOLD IN ABEYANCE THE
1. That she is the accused in the above-entitled
case of the crime of estafa committed against
NILO LOCCO.
2. That the facts charged do not constitute an
offense as previously expounded in the other
pleadings related to this case.
3. That the City Prosecutor made a grave abuse

of discretion when she approved the filing of
the Information when there is evidently no
probable cause to hold the herein accused for
the crime she allegedly committed.
WHEREFORE,
it
is
respectfully
prayed
that
this

herein accused.
JEREMY B. BAUTISTA
ROLL NO.12344556
NOTICE
OF
HEARING
RONALD C. GONZALES
City Prosecutor
Makati City
Greetings:

of the court.
JEREMY B. BAUTISTA
ROLL NO.12344556
Received by:
ESTAFA
Makati
Nilo Locco,
Complainant,
- versus -
I.S. No. 3456

For: Estafa
Estee Nafa,
Respondent.
x------------------------x
1. That she is the accused in the above-entitled case of
the crime of estafa committed against NILO LOCCO.
the findings of probable cause.
JEREMY B. BAUTISTA
ROLL NO.12344556
NOTICE
OF
HEARING
RONALD C. GONZALES
City Prosecutor
Makati City
Greetings:
of the court.
JEREMY B. BAUTISTA
ROLL NO.12344556
Received by:
ESTAFA
Malacanan, Manila
Estee Nafa,
Appelant,
I.S. No. 12-3456
For: Estafa
versus Prosecutor Ronald C. Gonzales,

Appellee.
x---------------------------------------x
APPEAL

counsel, and hereby allege the following
I.
ASSIGNMENT OF ERROR

II.
FACTS OF THE CASE

commission of the crime of Estafa as defined and punished
under the Revised Penal Code allegedly done against the
herein appellee-complainant. The City Prosecutor, in his

III.

any
probable
cause
where
the
evidence
produced
is
insufficient to support such finding of probable cause.

IV.
STATEMENT OF ISSUE

V.
RELIEF

JEREMY B. BAUTISTA
ROLL NO.12344556
ESTAFA
Makati, Brach VII
Plaintiff,
- versus -

of the RPC (Estafa)
Estee Nafa,
Defendant.
x---------------------------------x
alleges that:
1. The undersigned City Prosecutor finds probable cause to
hold the accused for trial to answer for the crime for
accused because she cannot be located in the given
service made by the Police Officer,PO1 Santiago Munez,

dated December 18,2011.
ends of justice.
4. WHEREFORE, undersigned and prays that after hearing
and examination of this motion, alias warrant of arrest
be issued to bring the accused under custody.
might jeopardize the proper course of the proceedings of
this course and ultimately thwart the ends of justice;
8. The continued ability of the accused to roam free poses a
danger to the society within his locality.
accused.
RONALD C. GONZALES
City Prosecutor
Makati City
NOTICE
OF
HEARING
JEREMY B. BAUTISTA
Greetings:
RONALD C. GONZALES
City Prosecutor, Makati
Received by
JEREMY B. BAUTISTA
Counsel for Accused
ESTAFA
Makati, Brach VII
Plaintiff,
- versus -

of the RPC (Estafa)
Estee Nafa,
Defendant.
x---------------------------------x
MOTION FOR DEMURRER TO
EVIDENCE WITH LEAVE OF COURT
1. That she is the accused in the above-entitled case of
the crime of estafa committed against NILO LOCCO.
this case;
WHEREFORE,
it
is
respectfully
prayed
that
this

the herein accused.
JEREMY B. BAUTISTA
ROLL NO.12344556
NOTICE
OF
HEARING
RONALD C. GONZALES
City Prosecutor
Makati City
Greetings:
of the court.
JEREMY B. BAUTISTA

ROLL NO.12344556
Received by:
ESTAFA
(Trial Brief)
Makati, Brach VII
Plaintiff,
of the RPC (Estafa)
- versus -
Estee Nafa,
Defendant.
x---------------------------------x
TRIAL BRIEF
application of the provisions of the Revised Penal Code (Article
315, par. 1(b) ), on the following circumstances, to wit:
That on or about the 1st day of October, 2010,

in the City of
Makati, , and within the
jurisdiction of this Honorable Court, the said
accused ESTEE NAFA, after having received
from complainant NILO LOCCO ten (10) pieces of
gold bars each costing Php 1,000,000.00
totaling Php 10,000,000.00, with the express
obligation on the part of the accused to remit
the same to the complainant if she failed to sell
the same or otherwise remit to the complainant
the proceeds of the sale of the same, , with
intent to gain and to defraud said complainant
through
unfaithfulness
and
abuse
of
confidence, did then and there willfully,
unlawfully, and feloniously misappropriate,
misapply, and convert to her own personal use
and benefit, the aforesaid gold bars, to the
damage and prejudice of said complainant in
the amount of P10,000,000.00, Philippine
currency.
PLEA BARGAINING
agreement.
I.
JURISDICTION:

matter and the issue of the present case, and on the person
of the accused.
II.
IDENTITY OF THE ACCUSED:
The accused named in the Information and in the affidavits

of prosecution witnesses is the same accused earlier
arraigned in court.
III.
FACTS OF THE CASE.
III-A. That the complainant and ESTEE NAFA, the

latters address being #2 Buendia Ave, Makati City,
Philippines, entered into a contract dated March 1 2010,
whereby I entrusted to the latter ten (10) pieces gold bars
amounting to Php 10,000,000.00 whereby said ESTEE NAFA
shall sell the said gold bars as the complainants agent.;
III-B. Pursuant to said contract, said ESTEE NAFA was
III-C. However, notwithstanding repeated verbal and
written demands made upon said agent, and even as the
complainant availed of the relief for a formal conference (Annex
B) before an assistant city prosecutor, at Makati City, in the
hope of finding a remedy for the injustice done to said
complainant, said ESTEE NAFA failed and refused to remit the
proceeds of the sale of the merchandise received by her in
accordance with the contract agreements, and, likewise, she,
as the complainants Agent, failed and refused to return the
same goods to the complainant as her Principal.
III-D. On October 1, 2005 AMNDA RAYA misappropriated
the said gold bars by having it cut further to fit some of her
jewelries.
EXHIBIT A --- A true and faithful reproduction of
the Contract of Agency.
EXHIBIT
--- A true and faithful machine

reproduction of the formal conference
with the Assistant City Prosecutor;
EXHIBIT
C A true
reproduction
Conveyance.
and
of
faithful machine
the
Deed
of

1 NILO LOCCO, the private offended party;
2 LARI FUTOL, the person who cut the said gold bars in
to smaller pieces.
The prosecution hereby reserves the right to present additional
evidence as the need therefore may arise.
ISSUES:
accused in performing the above-mentioned acts, constitute a
violation of the provisions of Revised Penal Code (Article 315,
par. 1(b) ).
VICTOR C. SALVADOR
JEREMY B. BAUTISTA
Counsel for the Accused,
Makati City.
ESTAFA
(Pre-Trial Brief)
Makati, Brach VII
Plaintiff,
of the RPC (Estafa)
- versus -
Estee Nafa,
Defendant.
x---------------------------------x
PRE-TRIAL BRIEF
UNDERSIGNED
Assistant
City
Prosecutor
hereby

Criminal
Procedure,
and
sub-paragraph
number
of


315, par. 1(b) ), on the following circumstances, to wit:
That on or about the 1st day of October, 2010,
in the City of
Makati, , and within the
accused ESTEE NAFA, after having received
from complainant NILO LOCCO ten (10) pieces of
gold bars each costing Php 1,000,000.00
totaling Php 10,000,000.00, with the express
obligation on the part of the accused to remit
the same to the complainant if she failed to sell
the same or otherwise remit to the complainant
the proceeds of the sale of the same, , with
intent to gain and to defraud said complainant
through
unfaithfulness
and
abuse
of
confidence, did then and there willfully,
unlawfully, and feloniously misappropriate,
misapply, and convert to her own personal use
and benefit, the aforesaid gold bars, to the
damage and prejudice of said complainant in
the amount of P10,000,000.00, Philippine
currency.
PLEA BARGAINING
agreement.
I. JURISDICTION:
matter and the issue of the present case, and on the person
of the accused.

The accused named in the Information and in the affidavits
of prosecution witnesses is the same accused earlier
arraigned in court.
III-A. That the complainant and ESTEE NAFA, the latters
address being #2 Buendia Ave, Makati City, Philippines,
entered into a contract dated March 1, 2010, whereby I
entrusted to the latter ten (10) pieces gold bars amounting to
Php 10,000,000.00 whereby said ESTEE NAFA shall sell the
said gold bars as the complainants agent.;
III-B. Pursuant to said contract, said ESTEE NAFA was
III-C. However, notwithstanding repeated verbal and written
demands made upon said agent, and even as the complainant
availed of the relief for a formal conference (Annex B) before
an assistant city prosecutor, at Makati City, in the hope of
finding a remedy for the injustice done to said complainant,
said ESTEE NAFA failed and refused to remit the proceeds of
the sale of the merchandise received by her in accordance with
the contract agreements, and, likewise, she, as the
complainants Agent, failed and refused to return the same
goods to the complainant as her Principal.
III-D. On October 1, 2010 ESTEE NAFA misappropriated the
said gold bars by having it cut further to fit some of her
jewelries.
I.
DOCUMENTARY EVIDENCE:
EXHIBIT
---
true
and
faithful
reproduction of the Contract

of Agency.
EXHIBIT
B --- A true and faithful

machine reproduction of the
formal conference with the
reproduction of the Deed of
Conveyance.
1. NILO LOCCO, the private offended party;
2. LARI FUTOL, the person who cut the said gold bars in
to smaller pieces.
ISSUES
accused in performing the above-mentioned acts, constitute a
violation of the provisions of Revised Penal Code (Article 315,
par. 1(b) ).
VICTOR C. SALVADOR
JEREMY B. BAUTISTA
Makati City.
ESTAFA
Makati, Brach VII
Plaintiff,
of the RPC (Estafa)
- versus -
Estee Nafa,
Defendant.
x---------------------------------x
EXHIBIT
---
true
reproduction
and
faithful
of
the
Contract of Agency.
EXHIBIT
---
machine
true
and
faithful
reproduction
of
the formal conference with

the
Assistant
City
Prosecutor;

reproduction of the Deed of
Conveyance.
THE TESTIMONIAL EVIDENCE consists of the testimonies
given by witnesses NILO LOCCO (private offended party), LARI
FUTOL the person who cut the said gold bars in to smaller
pieces.
Exhibits A, B, and C, with all its respective sub-markings,
identical purpose of showing that on 1st day of October, 2010,
the herein accused misappropriated the gold bars which were
supposed to be sold by the latter as agent of the complainant.
VICTOR C. SALVADOR
Copy furnished:
JEREMY B. BAUTISTA
Makati City.
ESTAFA
Makati, Brach VII
Plaintiff,
of the RPC (Estafa)
- versus -
Estee Nafa,
Defendant.
x---------------------------------x
PROFFER OF EVIDENCE
Court , to wit:
EXHIBIT A --- A true and faithful reproduction of the
Contract of Agency.
reproduction of the formal conference with the
reproduction of the Deed of Conveyance.

given by witnesses NILO LOCCO (private offended party), LARI
FUTOL the person who cut the said gold bars in to smaller
pieces.
Exhibits A, B, and C, with all its respective sub-markings,
identical purpose of showing that on 1st day of October, 2005,
the herein accused misappropriated the gold bars which were
supposed to be sold by the latter as agent of the complainant.
The prosecution respectfully submits these evidence on
VICTOR C. SALVADOR
Copy furnished:
JEREMY B. BAUTISTA
Counsel for the Accused, Makati City.
ADULTERY
Makati City
) s.s.
COMPLAINT-AFFIDAVIT
I, CONTI BUGLEE, of legal age, married and a resident of
No. 1 Ayala Avenue, Makati City after having been sworn to
law hereby depose and state:
1. That I am the legal husband of LESLIE BUGLEE. We
were married at Manila Cathedral on March 6, 2009.
2. That we were living as husband and wife at No. 3 Ayala
Avenue, Makati.
3. That on or about October 31, 2010 , at about 11pm, in
our home in the City of Makati and within the
jurisdiction of this Honorable Court, the said accused
did then and there voluntarily, unlawfully, and
feloniously had sexual intercourse with her co-accused
PABLO HILIG, who is not her husband, and the latter
knowing her to be married to CONTI BUGLEE,
voluntarily, unlawfully, and feloniously had carnal
knowledge with her.
CONTI BUGLEE
Affiant

November, 2010.
I hereby certify that I have personally
examined the Affiant and I am satisfied that he voluntarily

executed and understood her Complaint Affidavit.
ATTY. ANTHONY M. LAUREANO

Notary Public
PTR No. 1234567 1/12/10
IBP No. 6789 1/2/10
ROA 91234
Doc. No.
Page No.
Book No.
Series of 2010.
ADULTERY
(Counter-Affidavit)
Makati City
) s.s.
COUNTER-AFFIDAVIT
I, PABLO HILIG, of legal age, single and a resident of 4
Pasay Road, Makati City after having been sworn to law hereby
depose and state:
1. That I met LESLIE BUGLEE sometime in January,
2010 in Makati City while working as a branch
manager in a bank.
2. That LESLIE BUGLEE represented herself as a single
and unmarried woman.
3. That I have no knowledge that LESLIE BUGLEE was
lawfully married to a certain CONTI BUGLEE.
4. That I gained knowledge of the marriage between
LESLIE BUGLEE and CONTI BUGLEE only upon the
confrontation that occurred at No. 3 Ayala Avenue,
Makati when CONTI BUGLEE confronted LESLIE
BUGLEE.
signature this 8th day of December 2010, in Paraaque City.
PABLO HILIG
Affiant

December, 2010.

ATTY. CHRISTIAN VALEN

Notary Public
PTR No. 234567 1/12/10
IBP No. 6789 1/2/10
ROA 91234
Doc. No.
Page No.
Book No.
Series of 2010.
ADULTERY
(Reply)

Makati City
Contee Buglee,
Complainant,
I.S. No. 123456
For: Adultery
- versus Pablo Hilig and Leslee Buglee

Respondents.
x--------------------------------------x
REPLY
COMES NOW, CONTI BUGLEE, after having been sworn

to law hereby depose and state:
1. That on or about October 31, 2010 , at about 11pm, in
our home in the City of Makati and within the
knowledge with her.
2. That PABLO HILIG has full and actual knowledge of

the fact that LESLIE BUGLEE is legally a married
woman;
3. That contrary to his claim, I and my wife were actually
introduced to him sometime on March 2010 in the
2010 Golf Show at the SM Mall of Asia SMX
Convention Center;
4. That in support of my allegation, I am willing and
ready to present photographic evidence/pictures taken
during the convention.
signature this 13th day of December 2010, in Makati City.
CONTI BUGLEE
Affiant
December, 2010.

executed and understood her Reply-Affidavit.

Notary Public
PTR No. 1234567 1/12/10
ROA 91234
Doc. No.
Page No.
Book No.
Series of 2010.
ADULTERY
(Rejoinder)

Makati City
Contee Buglee,
Complainant,
I.S. No. 123456
For: Adultery

Respondents.
x--------------------------------------x
REJOINDER
Comes Now, RESPONDENT PABLO HILIG unto this
Honorable Office, respectfully state that:
1) Respondent specifically, vehemently and consistently
denies the material allegations in the reply affidavit of the
complainant, dated December 23, 2010, for being
unfounded, baseless and malicious and must be
dismissed out rightly for failing to establish the requisite
elements of the crime ascribed;
2) Respondent reiterates her defense that while it is true
that he had sexual intercourse with LESLIE BUGLEE
there is no truth to the averment that it is done so
unlawfully, willfully, feloniously and with knowledge that
LESLIE BUGLEE is a legally married woman since the
latter represented herself as a single and unmarried

woman;
3) That contrary to allegations of the complainant,
respondent, although present at the 2010 Golf Show held
at the SM Mall of Asia SMX Convention Center was never
introduced to both CONTI BUGLEE and
LESLIE
BUGLEE and that she gained knowledge of the marriage
between CONTI BUGLEE and LESLIE BUGLEE only
upon confrontation that occurred at No. 3 Ayala Avenue,
Makati when CONTI BUGLEE confronted LESLIE
BUGLEE and that therefore, the allegations are clearly
unfounded and malicious and should therefore be
dismissed.
4) I attest to the truth of the foregoing statements.
IN WITNESS WHEREOF, I have hereunto affix my
signature this 15th day of December, 2010 in Makati City,
Philippines.
PABLO HILIG
Respondent
SUBSCRIBED AND SWORN TO before me this 15th day

of December, 2010 in Makati. I hereby certify that I have
personally examined the affiant and I am convinced that she
personally and voluntarily verified the foregoing Rejoinder and
she understood the contents thereof.
VICTOR C. SALVADOR
ADULTERY
(Sur-Rejoinder)

Makati City
Contee Buglee,
Complainant,
I.S. No. 123456
For: Adultery

Respondents.
x--------------------------------------x
SUR-REJOINDER
I, CONTI BUGLEE, of legal age, married and a resident
of No. 1 Ayala Avenue, Makati City after having been sworn to
1. That as the complainant, I am still reiterating the
allegation in my affidavit that my wife, LESLIE BUGLEE
feloniously had sexual intercourse with PABLO HILIG,
who is not her husband, and the latter knowing her to be
married to CONTI BUGLEE, voluntarily, unlawfully, and
feloniously had carnal knowledge with her at No. 3 Ayala
Avenue, Makati;
2. That PABLO HILIG has full and actual knowledge of the

fact that LESLIE BUGLEE is legally a married woman;
3. That contrary to her claim, I and my wife were actually
introduced to him sometime on March 2010 at the 2010
Golf Show held at the SM Mall of Asia SMX Convention
Center;
4. That in support of my allegation, I am willing and ready
to present photographic evidence/pictures taken during
the convention.
signature this 19th day of December 2010 in Makati City,
Philippines.
CONTI
BUGLEE
Complainant
VICTOR C. SALVADOR
ADULTERY

Makati City
Contee Buglee,
Complainant,
I.S. No. 123456
For: Adultery

Respondents.
x--------------------------------------x

Accused PABLO HILIG through the undersigned counsel,
respectfully alleges:
1. That he is the co-accused in the above-entitled case of
the crime of ADULTERY committed against CONTI
BUGLEE.
WHEREFORE, it is respectfully prayed that the accused
be allowed to ask clarificatory questions upon the complainant
and the complainants counsel.
January 16, 2011. Makati City
JEREMY B. BAUTISTA
ROLL NO.12344556
NOTICE
OF
HEARING
RONALD C. GONZALES
City Prosecutor
Makati City
Greetings:
Please take notice that on Friday, January 16, 2011, at
Makati, Philippines. January 12, 2011
JEREMY B. BAUTISTA

ROLL NO.12344556
ADULTERY
(Resolution)

Makati City
Contee Buglee,
Complainant,
I.S. No. 123456
For: Adultery

Respondents.
x--------------------------------------x
RESOLUTION
Submitted for resolution is the case described hereunder.
This is a case of Adultery filed by CONTI BUGLEE against
PABLO HILIG of 4 Pasay Road, Makati City and LESLIE
BUGLEE of #3 Buendia, Makati City.
LESLIE BUGLEE did then and there voluntarily, unlawfully,
and feloniously had sexual intercourse with her co-accused
PABLO HILIG, who is not her husband, and the latter knowing
her to be married to CONTI BUGLEE , voluntarily, unlawfully,
and feloniously had carnal knowledge with her.
With these, the undersigned finds probable cause to

indict that PABLO HILIG and LESLIE BUGLEE for Adultery
under Article 333 of the Revised Penal Code.
Makati City, Philippines, 28th of December 2010.
VICTOR C. SALVADOR
APPROVED:
RONALD C. GONZALES
City Prosecutor
ADULTERY
(Information)

Makati City, Branch VIII
Plaintiff,
For: Adultery

Defendants.
x--------------------------------------x
INFORMATION
The undersigned, Prosecutor accuses PABLO HILIG and
LESLIE BUGLEE of the crime of ADULTERY, committed as
follows, to wit:
That on or about October 31, 2010 , at about 11pm, in
the City of Makati and within the jurisdiction of this
Honorable Court, the said accused LESLIE BUGLEE did then
and there voluntarily, unlawfully, and feloniously had sexual
intercourse with her co-accused PABLO HILIG, who is not her
husband, and the latter knowing her to be married to CONTI
BUGLEE, voluntarily, unlawfully, and feloniously had carnal
knowledge with her.
City of Makati, Philippines, January 10, 2011
RONALD C. GONZALES
City Prosecutor
ADULTERY
Makati City
) s.s.
1. I am the Private Complainant in Criminal Case No. 35
for the crime of Adultery entitled People of the Philippines
vs. PABLO HILIG and LESLIE BUGLEE, which is now
that, I mistook accused PABLO HILIG as the person
introduced to me and my wife sometime on March 2010
at the 2010 Golf Show held at the SM Mall of Asia SMX
Convention Center;

CONTI BUGLEE
Affiant
Makati City.

Notary Public
PTR No. 1234567 1/12/11
IBP No. 6789 1/2/11
ROA 91234
Doc. No.
Page No.
Book No.
Series of 2011.
ADULTERY
Makati City
) s.s.
for the crime of Adultery in violation of Article 333 of
the under the Revised Penal Code entitled People of
the Philippines vs. PABLO HILIG and LESLIE
BUGLEE, which is now pending before the
Metropolitan Trial Court, National Capital Judicial
Region, Makati City, Branch 07;

CONTI BUGLEE
Affiant
Makati City.

Notary Public
PTR No. 1234567 1/12/11
IBP No. 6789 1/2/11
ROA 91234
Doc. No.
Page No.
Book No.
Series of 2011.
ADULTERY
(Motion for Allowance to Post Bail)

Plaintiff,
For: Adultery

Defendants.
x--------------------------------------x

Comes
now
accused
PABLO
HILIG,
through
the
undersigned counsel, respectfully alleges:

the crime Adultery, in violation of Article 333 of the
under the Revised Penal Code, committed against CONTI
BUGLEE.
strong;

courts discretion
WHEREFORE,
upon
prior
notice
and
hearing,
it
is

JEREMY B. BAUTISTA
ROLL NO.12344556
NOTICE
OF
HEARING
RONALD C. GONZALES
City Prosecutor
Makati City
Greetings:
JEREMY B. BAUTISTA
ROLL NO.12344556
Received by:
ADULTERY

Plaintiff,
For: Adultery

Defendants.
x--------------------------------------x

Comes
now
accused
PABLO
HILIG,
through
the

BUGLEE.
Php 200,000.00
3. That said defendant has other current obligations which
are due and demandable, proof of such are attached here
as Annex A.
WHEREFORE, the accused PABLO HILIG respectfully

JEREMY B. BAUTISTA
ROLL NO.12344556
NOTICE
OF
HEARING
RONALD C. GONZALES
City Prosecutor
Makati City
Greetings:
JEREMY B. BAUTISTA
ROLL NO.12344556
Received by:
ADULTERY

Plaintiff,
For: Adultery

Defendants.
x--------------------------------------x

Comes
now
accused
PABLO
HILIG,
through
the

BUGLEE.
2. That being unable to post the required cash or bail
bond, hereby binds himself, pending final decision of the
above-entitled case, to appear before the court when so
ordered;

WHEREFORE,
respectfully
upon
prayed
prior
that
notice
the
and
accused
hearing,
be
it
released
is
on
recognizance.
JEREMY B. BAUTISTA
ROLL NO.12344556
NOTICE
OF
HEARING
RONALD C. GONZALES
City Prosecutor
Makati City
Greetings:
JEREMY B. BAUTISTA
ROLL NO.12344556
Received by:
ADULTERY

Plaintiff,
For: Adultery

Defendants.
x--------------------------------------x
MOTION TO QUASH
Comes now accused PABLO HILIG,
through
the

BUGLEE.
this case.
oficio.
January 16, 2011. Makati City.
JEREMY B. BAUTISTA
ROLL NO.12344556
NOTICE
OF
HEARING
RONALD C. GONZALES
City Prosecutor
Makati City
Greetings:
JEREMY B. BAUTISTA

ROLL NO.12344556
Received by:
ADULTERY

Plaintiff,
For: Adultery

Defendants.
x--------------------------------------x

Comes
now
accused
PABLO
HILIG,
through
the

BUGLEE.
this case.
3. That the City Prosecutor made a grave abuse of discretion

accused for the crime he allegedly committed.
herein accused.
JEREMY B. BAUTISTA
ROLL NO.12344556
NOTICE
OF
HEARING
RONALD C. GONZALES
City Prosecutor
Makati City
Greetings:
JEREMY B. BAUTISTA
ROLL NO.12344556
Received by:
ADULTERY

Makati City
Contee Buglee,
Complainant,
I.S. No. 123456
For: Adultery

Respondents.
x--------------------------------------x

Respondent PABLO HILIG, through the undersigned
1. That he is the respondent in the above-entitled case of

the crime of Adultery, in violation of Article 333 of the
BUGLEE.
2. That the evidence presented is not sufficient to justify the
findings of probable cause.
JEREMY B. BAUTISTA
ROLL NO.12344556
NOTICE
OF
HEARING
RONALD C. GONZALES
City Prosecutor
Makati City
Greetings:

JEREMY B. BAUTISTA
ROLL NO.12344556
Received by:
ADULTERY

Malacanan, Manila
Pablo Hilig and Leslee Buglee,
Appelant,
I.S. No. 123456
For: Adultery
- versus Prosecutor Ronald C. Gonzales

Appelee.
x--------------------------------------x
APPEAL
COMES NOW the appellant-accused, PABLO HILIG

through the undersigned counsel, and hereby allege the
following
I.
ASSIGNMENT OF ERROR

II.
FACTS OF THE CASE

commission of the crime of Adultery, in
violation of Article
333 of the under the Revised Penal Code, committed against

CONTI BUGLEE. The City Prosecutor, in his Resolution, finds
probable cause in the case. A Motion for Reconsideration was
filed but was also denied. The Resolution was appealed to the
Department of Justice but the latter also finds probable cause.
Thus this appeal.
III.

IV.
STATEMENT OF ISSUE

V.
RELIEF
WHEREFORE, appellant-respondent humbly prays that this

Honorable Office reverse the decision of the Department of
Justice and thereby also reversing the finding of the Office of
the City Prosecutor of Makati finding probable cause against
JEREMY B. BAUTISTA
ROLL NO.12344556

Copy Furnished:
ADULTERY

Plaintiff,
For: Adultery

Defendants.
x--------------------------------------x

alleges that:
accused, PABLO HILIG dated January 16, 2011.
Attached is herewith the copy of warrant of arrest.
service made by the Police Officer,PO1 Santiago Munez,
dated January 18,2011.

ends of justice.
4. WHEREFORE, undersigned and prays that after hearing
and examination of this motion, alias warrant of arrest
be issued to bring the accused under custody.
accused.
JEREMY B. BAUTISTA
ROLL NO.12344556

ADULTERY

Plaintiff,
For: Adultery

Defendants.
x--------------------------------------x

WITH LEAVE OF COURT
Comes
now
accused
PABLO
HILIG,
through
the

BUGLEE.
this case;
3. That the evidence submitted is insufficient to convict the

herein accused of the crime charged against him.
WHEREFORE,
it
is
respectfully
prayed
that
this

the herein accused.
JEREMY B. BAUTISTA
ROLL NO.12344556
NOTICE
OF
HEARING
RONALD C. GONZALES
City Prosecutor
Makati City
Greetings:
JEREMY B. BAUTISTA

ROLL NO.12344556
Received by:
ADULTERY
(Trial Brief)

Plaintiff,
For: Adultery

Defendants.
x--------------------------------------x
TRIAL BRIEF
Private PLAINTIFF, by counsel, respectfully submits his
Trial Brief, as follows:
I.

SETTLEMENT
1.1. Subject to a concrete proposal that is fair and
reasonable and a reciprocal manifestation of openness
from defendant, plaintiff is open to the possibility of
amicably settling this dispute.
II.

2.1 Private Plaintiff claims that accused accused PABLO

HILIG has full and actual knowledge of the fact that
LESLIE BUGLEE is legally a married woman.
2.2 Accused PABLO HILIG asserts that co-accused
LESLIE BUGLEE represented herself as a single and
unmarried woman.
2.3 Contrary to allegations of the private plaintiff,
accused PABLO HILIG also asserts, that although he was
present at the 2010 Golf Show at the SM Mall of Asia
SMX Convention Center, he was never introduced to both
CONTI BUGLEE and LESLIE BUGLEE and that he gained
knowledge of the marriage between CONTI BUGLEE and
LESLIE BUGLEE only upon confrontation that occurred
at #3 Buendia, Makati City when NAIPOTAN confronted
LESLIE BUGLEE and that therefore, the allegations are
clearly unfounded and malicious and should therefore be
dismissed.
III.

PARTIES
3.1. Plaintiff and defendants admits to relevant paragraphs

in so far as it states their personal circumstances
IV.
ISSUES TO BE TRIED
4.1. Whether or not accused violated Art 333 of the

Revised Penal Code
V.
EVIDENCE
5.1
Plaintiff himself, CONTI BUGLEE, who will testify on
the true circumstances leading to the filing of this suit;

5.2. JAZZ GABUCAY, who has personal knowledge of
sexual intercourse between PABLO HILIG and LESLIE
BUGLEE and was present during the confrontation
between plaintiff CONTI BUGLEE and LESLIE BUGLEE
at No. 3 Ayala Avenue, Makati.
VI.
RESORT TO DISCOVERY

6.2
Makati City, January 18, 2011

Respectfully Submitted:
COUNSEL FOR THE PLAINTIFF
ROLL NO. 22344556
Copy furnished:
JEREMY B. BAUTISTA
ADULTERY
(Pre-Trial Brief)

Plaintiff,
For: Adultery

Defendants.
x--------------------------------------x
PRE-TRIAL BRIEF
UNDERSIGNED
Assistant
City
Prosecutor
hereby

Criminal
Procedure,
and
sub-paragraph
number
of

application of the provisions of Article 333 of the Revised Penal
Code, on the following circumstances, to wit:
That on or about October 31, 2010 , at about 11pm

in the City of Makati and within the jurisdiction of
this Honorable Court, the accused LESLIE BUGLEE
feloniously had sexual intercourse with her coaccused PABLO HILIG, who is not her husband, and
the latter knowing her to be married to CONTI
BUGLEE, voluntarily, unlawfully, and feloniously
had carnal knowledge with her.
PLEA BARGAINING
agreement.
I. JURISDICTION:
the accused.
arraigned in court.
III-A.
Plaintiff CONTI BUGLEE is the legal
husband of LESLIE BUGLEE. They were married at
Manila Cathedral on March 6, 2009 and living as

husband and wife at No. 3 Ayala Avenue, Makati.
III-B.
On or about October 31, 2010 , at about
11pm, in our home in the City of Makati and within the
knowledge with her.

EXHIBIT A --- Marriage certificate between CONTI
BUGLEE and LESLIE BUGLEE
EXHIBIT B --- Picture of LESLIE BUGLEE to identify
accused LESLIE BUGLEE
EXHIBIT C --- Picture of PABLO HILIG to identify accused
PABLO HILIG
EXHIBIT D --- Picture of used condom, to prove that
there was unlawful copulation at the time CONTI BUGLEE
caught the accused in the act at the conjugal dwelling
EXHIBIT E --- Picture with LESLIE BUGLEE and PABLO
HILIG together showing proof of illicit relationship leading to
unlawful copulation
EXHIBIT F --- Affidavit of Atena Min, household help of
CONTI BUGLEE and LESLIE BUGLEE, attesting to presence of
PABLO HILIG during confrontation at No. 3 Ayala Avenue,

Makati City
1.
2.
CONTI BUGLEE, the private offended party;

JAZZ GABUCAY, who has personal knowledge of
sexual intercourse between PABLO HILIG and LESLIE
BUGLEE and was present during the confrontation between
plaintiff CONTI BUGLEE and LESLIE BUGLEE at No. 3 Ayala
Avenue, Makati.
ISSUES
accused in performing the above-mentioned acts, constituted
a violation of Article 334 of the Revised Penal Code
Makati City, January 21, 2011.
VICTOR C. SALVADOR
JEREMY B. BAUTISTA
Counsel for the accused, Makati City.
ADULTERY

Plaintiff,
For: Adultery

Defendants.
x--------------------------------------x

EXHIBIT A --- Marriage certificate between CONTI
BUGLEE and LESLIE BUGLEE
EXHIBIT B --- Picture of LESLIE BUGLEE to identify
accused LESLIE BUGLEE
EXHIBIT C --- Picture of PABLO HILIG to identify
accused PABLO HILIG
there was unlawful copulation at the time
CONTI BUGLEE caught the accused in the

act at the conjugal dwelling
EXHIBIT E --- Picture with LESLIE BUGLEE and
PABLO HILIG together showing proof of
illicit relationship leading to unlawful
copulation
CONTI BUGLEE and LESLIE BUGLEE, attesting to
presence of PABLO HILIG during confrontation at No.
3 Ayala Avenue, Makati City
testimonies given by witnesses CONTI BUGLEE, the private
offended party; and JAZZ GABUCAY,
who has personal
knowledge of sexual intercourse between PABLO HILIG and
LESLIE BUGLEE and was present during the confrontation
between plaintiff CONTI BUGLEE and LESLIE BUGLEE at No.
3 Ayala Avenue, Makati.
Exhibits A, B, C, D, E, and F, with all its respective submarkings, together with the testimony of said witnesses, are
offered for the identical purpose of showing that on or about
October 31, 2010 , at about 11pm, in the City of Makati, the
said accused LESLIE BUGLEE did then and there voluntarily,
unlawfully, and feloniously had sexual intercourse with her coaccused PABLO HILIG, who is not her husband, and the latter
knowing her to be married to CONTI BUGLEE, voluntarily,
unlawfully, and feloniously had carnal knowledge with her.
VICTOR C. SALVADOR
JEREMY B. BAUTISTA
ADULTERY

Plaintiff,
For: Adultery

Defendants.
x--------------------------------------x
PROFFER OF EVIDENCE
files this proffer of evidence concerning the excluded evidence
stated below, in accordance with Section 40, Rule 133 of the
Rules of Court , to wit:
there was unlawful copulation at the time
CONTI BUGLEE caught the accused in the
act at the conjugal dwelling
EXHIBIT E --- Picture with LESLIE BUGLEE and PABLO
HILIG together showing proof of illicit
relationship leading to unlawful copulation

CONTI BUGLEE and LESLIE BUGLEE,
attesting to presence of PABLO HILIG during
confrontation at No. 3 Ayala Avenue, Makati
City
given by witnesses CONTI BUGLEE, the private offended party;
and JAZZ GABUCAY, who has personal knowledge of sexual
intercourse between PABLO HILIG and LESLIE BUGLEE and
was present during the confrontation between plaintiff CONTI
BUGLEE and LESLIE BUGLEE at No. 3 Ayala Avenue, Makati.
Exhibits D, E, and F, with all its respective sub-markings,
identical purpose of showing that on or about October 31, 2010
, at about 11pm, in the City of Makati, the said accused
LESLIE BUGLEE did then and there voluntarily, unlawfully,
and feloniously had sexual intercourse with her co-accused
PABLO HILIG, who is not her husband, and the latter knowing
her to be married to CONTI BUGLEE, voluntarily, unlawfully,
and feloniously had carnal knowledge with her.
VICTOR C. SALVADOR
JEREMY B. BAUTISTA
CONCUBINAGE
Makati City
) s.s.
COMPLAINT-AFFIDAVIT
I,
DENICA JAVIER , of legal age, married and a
resident of No. 1 Ayala Avenue, Makati City after having been

sworn to law hereby depose and state:
1. That I am the legal wife of JUSTIN JAVIER. We were
married at High End Church at Ayala Alabang, Makati,
City on March 6, 2009.
2. That we were living as husband and wife at No. 3 Ayala
Avenue, Makati.
3. That in or about the month of July, 2009 and on dates
subsequent thereto, JUSTIN JAVIER and SAMANTHA
CRUZ willfully, unlawfully and feloniously cohabited as
husband and wife at #3 Buendia, Makati City.
4. That SAMANTHA CRUZ has full and actual knowledge
of the fact that JUSTIN JAVIER is legally a married
man.
5. That as a result of the cohabitation of JUSTIN JAVIER
and SAMANTHA CRUZ, a child named PRINCESS
CRUZ was born in October 9, 2010.
DENICA JAVIER
Affiant

November, 2010.

Atty. Lesler J. Mallari

CONCUBINAGE
(Counter-Affidavit)
Makati City
) s.s.
COUNTER-AFFIDAVIT
I, SAMANTHA CRUZ, of legal age, single and a resident of
#4 Pasay Road, Makati City, after having been sworn to law
hereby depose and state:
1. That I met JUSTIN JAVIER sometime in February,
2009 in Alabang, Muntinlupa while working as a sales
clerk in a department store.
2. That JUSTIN JAVIER represented himself as a single
and unmarried man.
3. That we fell in love and decided to live as husband and
wife at #3
4. Buendia, Makati City. That our daughter PRINCESS
CRUZ was born in October 9, 2010.
5. That I have no knowledge that JUSTIN JAVIER was
lawfully married to a certain DENICA JAVIER .
6. That I gained knowledge of the marriage between
JUSTIN JAVIER and DENICA JAVIER only upon a
confrontation that occurred at #3 Buendia, Makati
City when DENICA JAVIER
confronted JUSTIN
JAVIER.
7. That after the said confrontation I left JUSTIN JAVIER

and lived with my parents at #4 Pasay Road, Makati
City together with my daughter, Baby.
signature this 8th 6th day of December 2008, in Makati City.
SAMANTHA CRUZ
Affiant
December, 2010. I hereby certify that I have personally
ATTY. FRANCISCO BARRAMEDA

Notary Public
PTR No. 234567 1/12/10
IBP No. 6789 1/2/10
ROA 91234
Doc. No.
Page No.
Book No.
Series of 2010.
CONCUBINAGE
(Reply)
Makati City
Denica Javier,
Complainant,
I.S. No. 123456
For: Concubinage
- versus Justin Javier and Samantha Cruz

Respondents.
x-------------------------------------------x
REPLY
COMES NOW, DENICA JAVIER, after having been sworn

to law hereby depose and state:
1. That I am reiterating the allegation in my affidavit that
my husband, JUSTIN JAVIER and SAMANTHA CRUZ
willfully, unlawfully and feloniously cohabiting as
husband and wife at #3 Buendia, Makati City .
man;
3. That contrary to her claim, I and my husband were
actually introduced to her sometime on March 2010 at
the Annual Convention of Filipino Entrepreneurs held

at the Cultural Center of the Philippines;
signature this 23rd day of December 2010, in Makati City.
DENICA JAVIER
Affiant
SUBSCRIBED AND SWORN to before me this 23 rd day of
December, 2010.

ATTY. GARY SAN GABRIEL

Notary Public
PTR No. 1234567 1/12/10
IBP No. 6789 1/2/10
ROA 91234
Doc. No.
Page No.
Book No.
Series of 2010.
CONCUBINAGE
(Rejoinder)
Makati City
Denica Javier,
Complainant,
I.S. No. 123456
For: Concubinage

Respondents.
x-------------------------------------------x
REJOINDER
Comes Now, RESPONDENT SAMANTHA CRUZ unto this
Honorable Office, respectfully state that:
1. Respondent specifically, vehemently and consistently
denies the material allegations in the reply affidavit of
the complainant, dated December 23, 2010, for being
unfounded, baseless and malicious and must be
dismissed out rightly for failing to establish the
requisite elements of the crime ascribed;
2. Respondent reiterates her defense that while it is true
that she cohabited with JUSTIN JAVIER as husband
and wife which resulted to the birth of PRINCESS
CRUZ on October 9, 2010, there is no truth to the
averment that it is done so unlawfully, willfully,
feloniously and with knowledge that JUSTIN JAVIER

is a legally married man since the latter represented
himself as a single and unmarried man;
3. That to the contrary to allegations of the complainant,
respondent, although present at the Annual
Convention of Filipino Entrepreneurs, was never
introduced to both JUSTIN JAVIER and SAMANTHA
CRUZ and that she gained knowledge of the marriage
between JUSTIN JAVIER and SAMANTHA CRUZ only
upon confrontation that occurred at #3 Buendia,
Makati City when
DENICA JAVIER confronted
JUSTIN JAVIER and that therefore, the allegations are
clearly unfounded and malicious and should therefore
be dismissed;
4. I attest to the truth of the foregoing statements.
Philippines.
SAMANTHA CRUZ
Affiant
December, 2010.

ATTY. FRANCISCO BARRAMEDA

Notary Public
PTR No. 234567 1/12/10
IBP No. 6789 1/2/10
ROA 91234
Doc. No.
Page No.
Book No.
Series of 2010.
CONCUBINAGE
(Sur-Rejoinder)
Makati City
Denica Javier,
Complainant,
I.S. No. 123456
For: Concubinage

Respondents.
x-------------------------------------------x
SUR-REJOINDER
I,

sworn to law hereby depose and state:
1. That as a complainant, I am still reiterating the
allegation in my affidavit that my husband, JUSTIN
JAVIER and SAMANTHA CRUZ were willfully,
unlawfully and feloniously cohabiting as husband and
wife at #3 Buendia, Makati City.
man;
3. That contrary to her claim, I and my husband were

actually introduced to her sometime on March 2010 at
the Annual Convention of Filipino Entrepreneurs held
at the Cultural Center of the Philippines;
Philippines.
DENICA JAVIER
Complainant
Lester J. Mallari
CONCUBINAGE
(Resolution)

Makati City
Denica Javier,
Complainant,
I.S. No. 123456
For: Concubinage

Respondents.
x-------------------------------------------x
RESOLUTION
This is a case of Concubinage filed by DENICA JAVIER
against JUSTIN JAVIER of #3 Buendia, Makati City and
SAMANTHA CRUZ of#4 Pasay Road, Makati City.
JUSTIN JAVIER and SAMANTHA CRUZ has feloniously
willfully, unlawfully and feloniously cohabiting as husband
and wife at #3 Buendia, Makati City; and that in spite of her
knowledge, SAMANTHA CRUZ cohabitated and even bore a
child with JUSTIN JAVIER.
With these, the undersigned finds probable cause to
indict JUSTIN JAVIER and SAMANTHA CRUZ for Concubinage
under Article 334 of the Revised Penal Code.
Makati City, Philippines, 28th of December 2010.
LESTER J. MALLARI
APPROVED:
RUSSELL W. PITT
City Prosecutor
CONCUBINAGE
(Information)

Plaintiff,
For: Concubinage

Defendants.
x-------------------------------------------x
INFORMATION
The undersigned, Prosecutor accuses JUSTIN JAVIER
and SAMANTHA CRUZ of the crime of CONCUBINAGE,
committed as follows, to wit:
That as provided for in Art 334 of the Revised Penal Code,
a person shall be charged of concubinage if under scandalous
circumstances and with sexual intercourse, keep up with a
mistress in a conjugal dwelling in which this case, unlawfully,
feloniously and without justifiable cause, JUSTIN JAVIER cohabited with SAMANTHA CRUZ, setting aside the fact that
JUSTIN JAVIER is married to DENICA JAVIER.
City of Makati, Philippines, January 10, 2011.
RUSSELL W. PITT
City Prosecutor
CONCUBINAGE

Makati City
Denica Javier,
Complainant,
I.S. No. 123456
For: Concubinage

Respondents.
x-------------------------------------------x

Accused SAMANTHA CRUZ, through the undersigned
1. That she is the co-accused in the above-entitled case
of the crime of violation of Art 334 of the Revised Penal
Code committed against DENICA JAVIER .

WHEREFORE, it is respectfully prayed that the accused
be allowed to ask clarificatory questions upon the complainant
and the complainants counsel.
ATTY. JEROME LASTIMOSA

ROLL NO.12344556
NOTICE
OF
HEARING
ATTY. MARJORIE A. SAN JUAN

Makati City
Greetings:

ROLL NO.12344556
Received by:

CONCUBINAGE
Makati City
) s.s.
I,
DENICA JAVIER , of legal age, married and a resident
of No. 1 Ayala Avenue, Makati City after having been sworn to

law hereby depose and state that:
1.
I am the Private Complainant in

Criminal Case No. 30 for VIOLATION OF Art 334 of
the Revised Penal Code entitled People of the
Philippines vs. JUSTIN JAVIER and SAMANTHA
CRUZ, which is now pending before the Metropolitan
Trial Court, National Capital Judicial Region, Makati
City, Branch 07;
2.
After a careful evaluation of the facts and

honestly believe that, I mistook accused SAMANTHA
CRUZ as the person introduced to me and my
husband sometime on March 2010 at the Annual
Convention of Filipino Entrepreneurs held at the
Cultural Center of the Philippines;
3.
I am no longer interested in further

prosecuting the case against the accused;
4.
I am not paid, threatened, nor coerce in

executing this affidavit of desistance;
5.
I am voluntarily executing this affidavit to

attest the veracity of the foregoing and to move for the
dismissal of the said case against the accused.

DENICA JAVIER
Complainant
Makati City.

Notary Public
PTR No. 1234567 1/12/11
IBP No. 6789 1/2/11
ROA 91234
Doc. No.
Page No.
Book No.
Series of 2011.
CONCUBINAGE
Makati City
) s.s.
I,

sworn to law hereby depose and state that:
for VIOLATION OF Art 334 of the Revised Penal Code
entitled People of the Philippines vs. JUSTIN JAVIER
and SAMANTHA CRUZ, which is now pending before
the Metropolitan Trial Court, National Capital Judicial
Region, Makati City, Branch 07;

DENICA JAVIER
Complainant
Makati City.

Notary Public
PTR No. 1234567 1/12/11
IBP No. 6789 1/2/11
ROA 91234
Doc. No.
Page No.
Book No.
Series of 2011.
CONCUBINAGE
(Motion for the Allowance of the Accused to Post Bail)

Plaintiff,
For: Concubinage

Defendants.
x-------------------------------------------x

Comes now accused SAMANTHA CRUZ, through the
strong;
courts discretion


ROLL NO.12344556
NOTICE
OF
HEARING
RUSSELL W. PITT
City Prosecutor
Makati City
Greetings:

ROLL NO.12344556
Received by:
RUSSELL W. PITT
City Prosecutor
CONCUBINAGE

Plaintiff,
For: Concubinage

Defendants.
x-------------------------------------------x

Accused SAMANTHA CRUZ, through the undersigned
1) That she is the co-accused in the above-entitled case

Code committed against DENICA JAVIER.
2) That the bail for his provisional release has been set at
Php 200,000.00
3) That said defendant has other current obligations
which are due and demandable, proof of such are
attached here as Annex A.
WHEREFORE,
the
accused
SAMANTHA
CRUZ
respectfully prays that the court grants this motion to reduce
bail to Php 50,000.00 or such amount as the court sees just in

ROLL NO.12344556
NOTICE
OF
HEARING
RUSSELL W. PITT
City Prosecutor
Makati City
Greetings:


ROLL NO.12344556
Received by:
RUSSELL W. PITT
City Prosecutor
CONCUBINAGE

Plaintiff,
- versus -
For: Concubinage
Justin Javier and Samantha Cruz

Defendants.
x-------------------------------------------x
bond, hereby binds himself, pending final decision of
the above-entitled case, to appear before the court
when so ordered ;
respectfully prayed that the accused be released on
recognizance.

ROLL NO.12344556

NOTICE
OF
HEARING
RUSSELL W. PITT
City Prosecutor
Makati City
Greetings:

ROLL NO.12344556
Received by:
RUSSELL W. PITT
City Prosecutor
CONCUBINAGE

Plaintiff,
For: Concubinage

Defendants.
x-------------------------------------------x
MOTION TO QUASH
this case.
officio.

ROLL NO.12344556
NOTICE
OF
HEARING
RUSSELL W. PITT
City Prosecutor
Makati City
Greetings:

ROLL NO.12344556

Received by:
RUSSELL W. PITT
City Prosecutor
CONCUBINAGE
(Motion for the Judicial Determination of Probable Cause
and to Hold in Abeyance the Arraignment of the Accused)

Plaintiff,
For: Concubinage

Defendants.
x-------------------------------------------x
MOTION FOR THE JUDICIAL DETERMINATION

OF PROBABLE CAUSE AND TO HOLD THE ARRAIGNMENT
OF THE ACCUSED IN ABEYANCE
Code committed against DENICA JAVIER.
this case.
3. That the City Prosecutor made a grave abuse of

discretion when she approved the filing of the
Information when there is evidently no probable cause
to hold the herein accused for the crime he allegedly
committed.
WHEREFORE,
it
is
respectfully
prayed
that
this

herein accused.
January 16, 2011. Makati City.

ROLL NO.12344556
NOTICE
OF
HEARING
RUSSELL W. PITT
City Prosecutor
Makati City
Greetings:


ROLL NO.12344556
Received by:
RUSSELL W. PITT
City Prosecutor
CONCUBINAGE

Makati City
Denica Javier,
Complainant,
I.S. No. 123456
For: Concubinage

Respondents.
x-------------------------------------------x

Respondent SAMANTHA CRUZ, through the undersigned
1. That she is the respondent in the in the above-entitled
case of the crime of violation of Art 334 of the Revised
Penal Code committed against DENICA JAVIER.
the findings of probably cause.

ROLL NO.12344556
NOTICE
OF
HEARING

Makati City
Greetings:

ROLL NO.12344556
Received by:

CONCUBINAGE

Malacanan, Manila
Justin Javier and Samantha Cruz,
Appellants,
I.S. No. 123456
For: Concubinage
- versus Prosecutor Russell W. Pitt

Appellee.
x-------------------------------------------x
APPEAL
COMES NOW the appellant-accused, SAMANTHA CRUZ

through the undersigned counsel, and hereby allege the
following
ASSIGNMENT OF ERROR
I.

II.
FACTS OF THE CASE

commission of the crime in violation of Art 334 of the Revised
Penal Code committed against DENICA JAVIER allegedly done
against the herein appellee-complainant DENICA JAVIER . The

City Prosecutor, in his Resolution, finds probable cause in the
case. A Motion for Reconsideration was filed but was also
denied. The Resolution was appealed to the Department of
Justice but the latter also finds probable cause. Thus, this
appeal.
III.

IV.
STATEMENT OF ISSUE

V.
RELIEF


ROLL NO.12344556

CONCUBINAGE
(Motion for Issuance of an Alias Warrant of Arrest)

Plaintiff,
For: Concubinage

Defendants.
x-------------------------------------------x

alleges that:
1. This honorable court issued a warrant of arrest
to the accused, SAMANTHA CRUZ dated January
16, 2011. Attached is herewith the copy of
warrant of arrest.
2. After the due execution by the PNP Manila West
Police Station the warrant of arrest was not
served to the accused because he cannot be
located in the given address. Attached herewith
the return slip and proof of service made by the
Police Officer, PO1

January 18,2011.
Santiago
Munez,
dated
3. Thus, there is a necessity of placing the

respondent under immediate custody in order not
to frustrate the ends of justice.
of arrest be issued to bring the accused under custody.
justice;
accused.
RUSSELL W. PITT
City Prosecutor
Makati City
CONCUBINAGE

Plaintiff,
For: Concubinage

Defendants.
x-------------------------------------------x

1. That she is the co-accused in the above-entitled case of
the crime of violation of Art 334 of the Revised Penal
this case;
WHEREFORE,
it
is
respectfully
prayed
that
this

the herein accused.

ROLL NO.12344556
NOTICE
OF
HEARING
RUSSELL W. PITT
City Prosecutor
Makati City
Greetings:

ROLL NO.12344556
Received by:
RUSSELL W. PITT
City Prosecutor
CONCUBINAGE
(Trial Brief)

Plaintiff,
For: Concubinage

Defendants.
x-------------------------------------------x
TRIAL BRIEF
Private PLAINTIFF, by counsel, respectfully submits his
Trial Brief, as follows:
I.

SETTLEMENT
1.1. Subject to a concrete proposal that is fair and reasonable
and
reciprocal
manifestation
of
openness
from

II.

2.1
That accused SAMANTHA CRUZ has full and actual

knowledge of the fact that JUSTIN JAVIER is legally a
married man.
2.2
That JUSTIN JAVIER represented himself as a single and

unmarried man
2.3
That to the contrary to allegations of the complainant,

respondent, although present at the Annual Convention
of Filipino Entrepreneurs, was never introduced to both
JUSTIN JAVIER and SAMANTHA CRUZ and that she
gained knowledge of the marriage between JUSTIN
JAVIER and SAMANTHA CRUZ only upon confrontation
that occurred at #3 Buendia, Makati City when DENICA
JAVIER confronted JUSTIN JAVIER and that therefore,
the allegations are clearly unfounded and malicious and
should therefore be dismissed.
III.

PARTIES
3.1. Plaintiff and defendants admits to relevant paragraphs

in so far as it states their personal circumstances
IV.
ISSUES TO BE TRIED
4.1. Whether or not accused violated Art 334 of the Revised

Penal Code
V.
EVIDENCE

5.1
Plaintiff herself, DENICA JAVIER, who will testify on the
true circumstances leading to the filing of this suit;

5.2. CHIZ MOSO, who has personal knowledge of sexual

intercourse between JUSTIN JAVIER and SAMANTHA CRUZ.
VI.
RESORT TO DISCOVERY

6.2
Makati City, January 18, 2011

Respectfully Submitted:

Counsel for Plaintiff
ROLL NO. 22344556
Copy furnished:

CONCUBINAGE
(Pre-Trial Brief)

Plaintiff,
For: Concubinage

Defendants.
x-------------------------------------------x
PRE-TRIAL BRIEF
UNDERSIGNED
Assistant
City
Prosecutor
hereby

Criminal
Procedure,
and
sub-paragraph
number
of


application of the provisions of Article 334 of the Revised Penal
Code, on the following circumstances, to wit:
That in or about the month of July, 2009
and on dates subsequent thereto, JUSTIN
JAVIER and SAMANTHA CRUZ willfully,
unlawfully and feloniously cohabited as
husband and wife at #3 Buendia, Makati
City; That SAMANTHA CRUZ has full and
actual knowledge of the fact that JUSTIN
JAVIER is legally a married man.
PLEA BARGAINING
agreement.
I. JURISDICTION:
III-A. That DENICA JAVIER is the legal wife of
JUSTIN JAVIER. They were married at High
End Church at Ayala Alabang, Makati, City on

March 6, 2009
III-B.That SAMANTHA CRUZ met JUSTIN JAVIER
sometime in February, 2009 in Alabang,
Muntinlupa while working as a sales clerk in a
department store; and that JUSTIN JAVIER
represented himself as a single and unmarried
man.
III-C.That SAMANTHA CRUZ and JUSTIN JAVIER
fell in love and decided to live as husband and
wife at #3 Buendia, Makati City;
III-D. That in or about the month of July, 2009 and
on dates subsequent thereto, JUSTIN JAVIER
and SAMANTHA CRUZ willfully, unlawfully and
feloniously cohabited as husband and wife at
#3 Buendia, Makati City;
III-E.
That SAMANTHA CRUZ has full and

actual knowledge of the fact that JUSTIN
JAVIER is legally a married man.
III-F.
That as a result of the cohabitation of

JUSTIN JAVIER and SAMANTHA CRUZ, a child
named PRINCESS CRUZ was born in October
9, 2010.
EXHIBIT A
---
Marriage
DENICA
certificate
JAVIER
and
between
JUSTIN
JAVIER
EXHIBIT B
-- Affidavit of DENICA JAVIER

relating illicit relationship of JUSTIN
JAVIER and SAMANTHA CRUZ
EXHIBIT C
EXHIBIT D
EXHIBIT E
EXHIBIT F
EXHIBIT G
EXHIBIT H
--- Birth certificate of Princess Cruz

--- Affidavit of Atena Min, household
help of JUSTIN JAVIER and
SAMANTHA CRUZ
--- Picture of SAMANTHA CRUZ to
identify accused SAMANTHA CRUZ
--- Picture of JUSTIN JAVIER to
identify accused JUSTIN JAVIER
--- Picture of JUSTIN JAVIER,
SAMANTHA CRUZ and PRINCESS
CRUZ in a birthday celebration of
JUSTIN JAVIER at #3 Buendia,
Makati City
--- Affidavit of KA TAMBAY, #5
Buendia Ave., Makati City and
neighbor of JUSTIN JAVIER and
SAMANTHA CRUZ

1. DENICA JAVIER , the private offended party;
2. CHIZ MOSO, who has personal knowledge of cohabitation
between JUSTIN JAVIER and SAMANTHA CRUZ
ISSUES
accused in performing the above-mentioned acts, constituted a
violation of Article 334 of the Revised Penal Code
Lester J. Mallari

CONCUBINAGE

Plaintiff,
For: Concubinage

Defendants.
x-------------------------------------------x

EXHIBIT A
---
Marriage
DENICA
certificate
JAVIER
and
between
JUSTIN
JAVIER
EXHIBIT B
-- Affidavit of DENICA JAVIER

EXHIBIT C
EXHIBIT D
--- Birth certificate of Princess Cruz

--- Affidavit of Atena Min, household
help of JUSTIN JAVIER and
SAMANTHA CRUZ
EXHIBIT E
EXHIBIT F
EXHIBIT G
EXHIBIT H
--- Picture of SAMANTHA CRUZ to

--- Picture of JUSTIN JAVIER to
identify accused JUSTIN JAVIER
--- Picture of JUSTIN JAVIER,
SAMANTHA CRUZ and PRINCESS
CRUZ in a birthday celebration of
JUSTIN JAVIER at #3 Buendia,
Makati City
--- Affidavit of KA TAMBAY, #5
Buendia Ave., Makati City and
neighbor of JUSTIN JAVIER and
SAMANTHA CRUZ

testimonies given by witnesses DENICA JAVIER , the private
offended party and CHIZ MOSO, who has direct and personal
knowledge of cohabitation between JUSTIN JAVIER and
SAMANTHA CRUZ.
Exhibits A, B, C, D, F, G, and H, with all its respective
sub-markings, together with the testimony of said witnesses,
are offered for the identical purpose of showing that in or about
the month of July, 2009 and on dates subsequent thereto,
JUSTIN JAVIER and SAMANTHA CRUZ willfully, unlawfully and
feloniously cohabited as husband and wife at #3 Buendia,
Makati City.
Respectfully submitted.
Lester J. Mallari

CONCUBINAGE

Plaintiff,
For: Concubinage

Defendants.
x-------------------------------------------x
PROFFER OF EVIDENCE
Court, to wit:
EXHIBIT B -- Affidavit of
DENICA
JAVIER

EXHIBIT C --- Birth certificate of Princess Cruz
EXHIBIT D --- Affidavit of Atena Min, household
help
of
JUSTIN
JAVIER
and
SAMANTHA CRUZ
EXHIBIT E --- Picture of SAMANTHA CRUZ to

testimonies given by witnesses DENICA JAVIER, the private
offended party and CHIZ MOSO, who has direct and personal
knowledge of cohabitation between JUSTIN JAVIER and
SAMANTHA CRUZ
Exhibits B, C, D, and E, with all its respective submarkings, together with the testimony of said witnesses, are
offered for the identical purpose of showing that in or about the
month of July, 2009 and on dates subsequent thereto, JUSTIN
JAVIER and SAMANTHA CRUZ willfully, unlawfully and
feloniously cohabited as husband and wife at #3 Buendia,
Makati City.
Lester J.
Mallari

RAPE
Quezon City
) s.s.
COMPLAINT-AFFIDAVIT
I, Jenalene S. Santos, Filipino, of legal age, single, and a
resident of Quezon City, Philippines, after being sworn to in
accordance with law, depose and state:
1. That I know the person of Sean T. Thompson, who is a
resident of No. 8 Respondent Street, Quezon City,
Philippines;
2. That sometime on the night of May 1, 2012, at #8
Accuser St.,, Quezon City, Philippines, the said Sean T.
Thompson through stealth and strategy entered in my
house;
3. That while he is in my house, he went into my bedroom
where I was getting ready to sleep;
4. That using force, threat and intimidation, and without
my consent, had carnal knowledge with me. A true and
faithful machine reproduction of the Medico-legal
findings is hereto attached as Annex A;
5. That despite resistance and lack of consent, he was able
to overpower me and made me fall asleep through the use
of some sleeping agent. A true and faithful machine
reproduction of the blood analysis by the Medico-Legal
for presence of the sleeping agent in my blood stream is
hereto attached, marked as Annex B;
6. That after being processed and referred to the MedicoLegal, the latter was able to collect semen sample from
the accused found within my genital area which is
enough to make proper DNA analysis, the result of the
latter being hereto attached as Annex C;
support of the charges of Rape against the said Sean T.
Thompson, who may be served with subpoena and other
processes of this Honorable Office at his address at #8
Respondent St, Quezon City, Philippines;
IN WITNESS WHEREOF, I have hereunto set my hand this
10th day of May, 2012 at Quezon City, Philippines.
Jenalene S. Santos
Affiant-Complainant
SUBSCRIBED AND SWORN to before me this 1st day of
May2012, affiant exhibiting to me his Community Tax
Quezon City.
CERTIFICATION
ELIZABETH REYES
ASST. CITY PROSECUTOR
RAPE
(Counter-Affidavit)
Quezon City
) s.s.
COUNTER-AFFIDAVIT
I, Sean T. Thompson, of legal age, single, Filipino and
with residence address at No. 8 Respondent Street, Quezon
City, Philippines, after having been duly sworn in accordance
with law, do hereby depose and state, that:
1. I was charged with Rape, by the private-complainant;
2. However, on the night in question, the fact of the matter
is that the both of us were having carnal knowledge with
mutual consent;
3. The lacerations sustained by the vaginal wall of the
complainant is nothing more than the natural cause of
the aggressiveness of the actions of both parties.
4. Some of the lacerations in the vaginal wall are
inconsistent with those produced during an actual rape.
serve.
Quezon City, 5 May 2012
Sean T. Thompson
Respondent-Affiant
Quezon, this 5th day of May2012 by Sean T. Thompson with
Residence Certificate No. 0012345 issued at Quezon City, on
July 4, 2012.
ELIZABETH REYES
Copy Furnished:
Jenalene S. Santos
No. 8 Accuser St.,
Quezon City, Philippines
RAPE
(Reply)
Quezon City
Jenalene S. Santos,
Complainant,
I.S. No. 123456
For: Rape
- versus Sean T. Thompson

Respondent.
x-------------------------------x
REPLY
I, Jenalene S. Santos, of legal age, single, Filipino, and a

resident of #8Sesame Street, Quezon City, Philippines, after
having been sworn to in accordance with law, hereby depose
and say THAT;
(a) I am executing this affidavit in reply to the
counter-affidavit submitted by the respondent
in I. S. No. C-123-456 and, at this outset, I
hereby reiterate and incorporate herein my
allegations in my earlier complaints-affidavit
filed against the answering respondent;
(b)The argument raised by the respondent in the
counter affidavit is that there was mutual
consent for carnal knowledge between me and
the respondent as shown by the inconsistencies
of the lacerations in the findings of the MedicoLegal;

(c) The only reason for the said inconsistency is
that being under the influence of the sleeping
agent which the respondent administered upon
me, he was able to take full control of my body
without any resistance on my part;
(d)The rest of the allegations in respondents
counter affidavit are irrelevant and immaterial
and are evidently designed to build a collateral
defense against the plain and simple complaint
for Rape under 266-A of the Revised Penal
Code.
(e) This affidavit is made in utmost good faith for
the sole purpose of attesting to the truth of the
foregoing statements of fact in furtherance of
my efforts to prosecute the respondent in
conformity with my complaint filed against her
10 day of May, 2012, at the City of Quezon, Philippines.
th
JENALENE S. SANTOS
Complainant
May, 2012, at the City of Quezon, Philippines, and I hereby
certify that I have personally examined the affiant and that I
am satisfied that she voluntarily executed and understood her
affidavit.
ELIZABETH REYES
ASST. CITY
PROSECUTOR
RAPE
(Rejoinder)
Quezon City
Jenalene S. Santos,
Complainant,
I.S. No. 123456
For: Rape

Respondent.
x-------------------------------x
REJOINDER
COMES NOW the respondent, SEAN T. THOMPSON,
through counsel, and, by way of a Rejoinder to the
complainants Reply, respectfully alleges that:
This Rejoinder is being filed with the Office of the City
Prosecutor considering that Reply filed by the complainant
disregards the fact that there are contradictory factual
evidence in the statement and evidence of the complainant,
particularly in the lacerations on her vaginal wall.
Quezon City, May 15, 2012
JOSE D. MANUEL
COUNSEL FOR THE RESPONDENT
ROLL NO. 82344556
PTR OR NO. 82345/01-07-08/Quezon City
IBP OR NO. 823456/02-01-08/Quezon City
MCLE NO. 823456/02-01-08/Quezon City
Copy Furnished:
Jenalene S. Santos
No. 8 Accuser St.,
Quezon City, Philippines
RAPE
(Sur-Rejoinder)
Quezon City
Jenalene S. Santos,
Complainant,
I.S. No. 123456
For: Rape

Respondent.
x-------------------------------x
SUR-REJOINDER
COMES NOW the complainant, Jenalene S. Santos,
through counsel, and, by way of a Sur rejoinder, respectfully
alleges that:
respondent disregards the fact that there is no consent
to the rape done against the person of the
complainant.
Quezon City, February 10, 2010.
EDGARDO J. SORIANO
COUNSEL FOR THE COMPLAINANT
ROLL NO. 82344556
Copy furnished:
Sean T. Thompson
Respondent
RAPE
Quezon City
Jenalene S. Santos,
Complainant,
I.S. No. 123456
For: Rape

Respondent.
x-------------------------------x

Accused SEAN T. THOMPSON, through the undersigned
crime of Rape committed against Jenalene S. Santos.
WHEREFORE,
it
is
respectfully
prayed
that
the

May 30, 2012. Quezon City
JOSE D. MANUEL
COUNSEL FOR THE DEFENDANT
ROLL NO. 82344556
NOTICE
OF
HEARING
EDGARDO J. SORIANO
Quezon City
Greetings:
Please take notice that on Friday, May 30, 2012, at the
Quezon City Prosecutors Office at 9 oclock a.m., or as soon
thereafter as counsel can be heard, the undersigned will
submit the foregoing motion for the approval of the court.
Quezon, Philippines. May 20, 2012
JOSE D. MANUEL
ROLL NO. 82344556
Received by:
EDGARDO J. SORIANO
RAPE
(Resolution)
Quezon City
Jenalene S. Santos,
Complainant,
I.S. No. 123456
For: Rape

Respondent.
x-------------------------------x
RESOLUTION
SUBMITTED for resolution is a complaint for Rape under
Article 266-A of the Revised Penal Code allegedly committed
during the May 1, 2012, at Quezon City, supported by the
sworn statement of the complainant and photocopies of the
various medical finding of the Medico-Legal.
respondent had carnal knowledge with the complainant
without the latters consent through the use of force, threat,
violence and intimidation.
complaint is without legal basis since the act was performed
with full consent of the complainant as proved by lacerations

inconsistent with the act of rape.
that the carnal act was performed against the complainant
without the latters consent. The presence of lacerations
inconsistent with rape is negated by the presence of sleeping
agent administered on the complainant. Because of this, the
respondent was able to take full control of the complainant
and thereby resulting in lacerations inconsistent with rape.
sufficient cause to hold the respondent SEAN T. THOMPSON
for RAPE, as defined and punished under Article 266-A of the
Revised Penal Code.
Quezon City, May 2, 2012.
ELIZABETH REYES
APPROVED:
ALI B. BALIG
City Prosecutor
RAPE
(Information)
Quezon City, Branch VI
Plaintiff,
For: Rape

Defendant.
x-----------------------------------x
INFORMATION
The undersigned Assistant City Prosecutor of the City of
Quezon, upon prior written authority of the City Prosecutor ,
ALI B. BALIG, accuses SEAN T. THOMPSON of Rape under
Article 266-A of the Revised Penal Code, committed as follows:
That on or about the 1 st of May, 2012, in the City of
Quezon, Philippines, and within the jurisdiction of this
Honorable Court, the said accused actuated by lust, willfully,
unlawfully and feloniously, and by means of force, threat and
intimidation,
have carnal knowledge of one Jenalene S.
Santos without her consent and against her will;

ELIZABETH REYES
Witnesses:
1. Diana Navarro - Medico-Legal Medical Technician
BAIL RECOMMENDED: none.
ELIZABETH REYES
RAPE
Quezon City
) s.s.
I, JENALENE S. SANTOS, of legal age, single, Filipino,
and residing at 8 Sesame Street, Quezon City, Philippines,
says that:
1. I am the Private Complainant in Criminal Case No. D123-456 for RAPE, entitled People of the Philippines vs.
SEAN T. THOMPSON, which is now pending before the
Quezon City, Branch 07;
that, due to the administration of the drug in my body, I
was not able to see clearly who perpetrated the crime
against me and that it is not likely that the herein
accused is the perpetrator;

this 20th day of May2012, in the City of Quezon.
JENALENE S. SANTOS
Affiant
.
Quezon, this 20th day of May2012 by Jenalene S. Santos with
Residence Certificate No. 0987654321 issued at Quezon City,
on January 4, 2012.
ATTY. RAFAEL E. JIMENO

NOTARY PUBLIC
My commission expires on December 31, 2014
PTR NO. 2721387/01-07-08/Quezon City
IBP NO. 639868/02-01-08/Quezon City
Roll No. 49606
Doc No. 654321

Page No. 654321
Book No. 654321
Series of 2012.
RAPE
Quezon City
) s.s.
I, JENALENE S. SANTOS, of legal age, single, Filipino,
and residing at 8 Sesame Street, Quezon City, Philippines,
says that:
1. I am the Private Complainant in Criminal Case No. D123-456 for RAPE, entitled People of the Philippines vs.
SEAN T. THOMPSON, which is now pending before the
Quezon City, Branch 07;
that I have been swayed by my own changing emotions, I
was unable to comprehend properly the actions of the
accused and that at some time prior to the
consummation of the act, I gave consent to the same;

this 20th day of May2012, in the City of Quezon.
JENALENE S. SANTOS
Affiant
.
Quezon, this 20th day of May2012 by Jenalene S. Santos with
Residence Certificate No. 0987654321 issued at Quezon City,
on January 4, 2012.
ATTY. RAFAEL E. JIMENO

NOTARY PUBLIC
My commission expires on December 31, 2014
PTR NO. 2721387/01-07-08/Quezon City
IBP NO. 639868/02-01-08/Quezon City
Roll No. 49606
Doc No. 654321

Page No. 654321
Book No. 654321
Series of 2012.
RAPE
Plaintiff,
For: Rape

Defendant.
x-----------------------------------x

COMES NOW accused SEAN T. THOMPSON, through the
commission of the crime of Rape, punishable by
reclusion perpetual;
strong;
satisfactorily shown, the defendant may be bailed at
the courts discretion.

JOSE D. MANUEL
ROLL NO. 82344556
NOTICE
OF
HEARING
ALI B. LIBAG
City Prosecutor
Quezon City
Greetings:
Quezon City Regional Trial Court at 9 oclock a.m., or as soon
JOSE D. MANUEL

ROLL NO. 82344556
Received by:
ALI B. LIBAG
City Prosecutor
RAPE
Plaintiff,
For: Rape

Defendant.
x-----------------------------------x

Php 100,000.00;
2. That said defendant is a person whose salary he earns
from Capsule Corp amounting to a net of Php 5,000.00 a
month is barely enough to meet even his personal needs.
WHEREFORE, the accused SEAN T. THOMPSON
JOSE D. MANUEL
ROLL NO. 82344556
NOTICE
OF
HEARING
ALI B. LIBAG
City Prosecutor
Quezon City
Greetings:
JOSE D. MANUEL
ROLL NO. 82344556

Received by:
ALI B. LIBAG
City Prosecutor
RAPE
Plaintiff,
For: Rape

Defendant.
x-----------------------------------x

COMES
NOW
accused
SEAN
T.
THOMPSON
and
commission of the crime of Rape;
hereby binds himself, pending final decision of the aboveentitled case, to appear before the court when so
ordered ;
accept the authority of Ban T. Ay in whose custody he

respectfully
prayed
that
the
defendant
be
released
on
recognizance.
JOSE D. MANUEL
ROLL NO. 82344556
NOTICE
OF
HEARING
ALI B. LIBAG
City Prosecutor
Quezon City
Greetings:
JOSE D. MANUEL
ROLL NO. 82344556

Received by:
ALI B. LIBAG
City Prosecutor
RAPE
Plaintiff,
For: Rape

Defendant.
x-----------------------------------x
MOTION TO QUASH
crime of Rape committed against Jenalene S. Santos.
this case.
oficio.
JOSE D. MANUEL
ROLL NO. 82344556
NOTICE
OF
HEARING
ALI B. LIBAG
City Prosecutor
Quezon City
Greetings:
JOSE D. MANUEL
ROLL NO. 82344556
Received by:
ALI B. LIBAG
City Prosecutor
RAPE
and to Hold the Arraignment of the Accused in Abeyance)
Plaintiff,
For: Rape

Defendant.
x-----------------------------------x
MOTION FOR THE JUDICIAL DETERMINATION OF

PROBABLE CAUSE AND TO HOLD THE ARRAIGNMENT OF
THE ACCUSED IN ABEYANCE

crime of Rape committed against Jenalene S. Santos;
this case;
WHEREFORE,
it
is
respectfully
prayed
that
this

herein accused.
May 30, 2012. Quezon City.
JOSE D. MANUEL
ROLL NO. 82344556
NOTICE
OF
HEARING
ALI B. LIBAG
City Prosecutor
Quezon City
Greetings:
JOSE D. MANUEL
ROLL NO. 82344556
Received by:
ALI B. LIBAG
City Prosecutor
RAPE
Quezon City
Jenalene S. Santos,
Complainant,
I.S. No. 123456

For: Rape

Respondent.
x-------------------------------x

Respondent
SEAN
T.
THOMPSON,
through
the

1. That he is the respondent in the above-entitled complaint
of the crime of Rape committed against Jenalene S.
Santos;
JOSE D. MANUEL
ROLL NO. 82344556
NOTICE
OF
HEARING
EDGARDO J. SORIANO
Quezon City
Greetings:
JOSE D. MANUEL
ROLL NO. 82344556
Received by:
EDGARDO J. SORIANO
RAPE
Malacanan, Manila
Sean Thompson,
Appellant,
I.S. No. 123456
For: Rape
- versus Prosecutor Ali B. Libag

Appellant.
x-------------------------------x
APPEAL

counsel, and hereby allege the following
I.
ASSIGNMENT OF ERROR

II.
FACTS OF THE CASE

commission of the crime of Rape as defined and punished
under the Revised Penal Code allegedly done against the
herein appellee-complainant. The City Prosecutor, in her

III.

any
probable
cause
where
the
evidence
produced
is
insufficient to support such finding of probable cause.

IV.
STATEMENT OF ISSUE

V.
RELIEF
VI.
of the City Prosecutor of Quezon finding probable cause
against the herein appellant-respondent.
JOSE D. MANUEL
ROLL NO. 82344556

Copy furnished:
EDGARDO J. SORIANO
RAPE
Plaintiff,
For: Rape

Defendant.
x-----------------------------------x

The undersigned City Prosecutor of Quezon respectfully

alleges that:
heading to Republic X where the Philippines have no
this court issue a Warrant of Arrest against the herein
accused.
Ali B. Balig
City Prosecutor
RAPE
Plaintiff,
For: Rape

Defendant.
x-----------------------------------x

1. That he is the accused in the above-entitled case for the
crime of Rape committed against Jenalene S. Santos;
this case;
WHEREFORE,
it
is
respectfully
prayed
that
this

the herein accused.
JOSE D. MANUEL
ROLL NO. 82344556
NOTICE
OF
HEARING
Ali B. Balig
City Prosecutor
Quezon City
Greetings:
Quezon City Regional Trial Court Branch 07 at 9 oclock a.m.,
or as soon thereafter as counsel can be heard, the
of the court.
JOSE D. MANUEL
ROLL NO. 82344556

Received by:
Ali B. Balig
City Prosecutor
RAPE
(Trial Brief)
Plaintiff,
For: Rape

Defendant.
x-----------------------------------x
TRIAL BRIEF
UNDERSIGNED
Assistant
City
Prosecutor
hereby

Criminal
Procedure,
and
sub-paragraph
number
of

266-A), on the following circumstances, to wit:
That on or about the 1st of May, 2012, in the City
of Quezon, Philippines, and within the
accused actuated by lust, willfully, unlawfully
and feloniously, and by means of force, threat
and intimidation, have carnal knowledge of one
Jenalene S. Santos without her consent and
against her will.
PLEA BARGAINING
agreement.
I. JURISDICTION:
the accused.

arraigned in court.
III-A. That sometime on the night of May 1, 2012, at #8
Accuser St.,, Quezon City, Philippines, the said Sean T.
Thompson through stealth and strategy entered the
complainants house;
III-B. That while he is in the complainants house, he
went into her bedroom where she was getting ready to sleep
III-C. That using force, threat and intimidation, and
without
the complainants consent, the accused had carnal
knowledge with the complainant.;
III-D. That despite resistance and lack of consent, he was
able to overpower the complainant and made her fall asleep
through the use of some sleeping agent;
III-E. That after being processed and referred to the
Medico-Legal, the latter was able to collect semen sample from
the accused found within the complainants genital area which
is enough to make proper DNA analysis.
EXHIBIT
---
true
and
faithful
machine
reproduction of the Medico-legal findings;

for presence of the sleeping agent in the complainants
blood stream;
EXHIBIT C A true and faithful machine reproduction
of the DNA analysis conducted by the Medico-Legal.
1. Jenalene S. Santos, the private offended party;
2. Juan dela Cruz, the Medical Technician from
Medico-Legal who processed Jenalene S.
Santoss case.
arise.
ISSUES
accused:
Rape as defined by Article 266-A of the Revised Penal
Code.
ELIZABETH REYES
Mana N. Nanggol
Counsel for the accused, Quezon City.
RAPE
(Pre-Trial Brief)
Plaintiff,
For: Rape

Defendant.
x-----------------------------------x
PRE-TRIAL BRIEF
UNDERSIGNED
Assistant
City
Prosecutor
hereby

Criminal
Procedure,
and
sub-paragraph
number
of

266-A), on the following circumstances, to wit:
That on or about the 1 st of May, 2012, in the City of

Quezon, Philippines, and within the jurisdiction of this
Honorable Court, the said accused actuated by lust,
willfully, unlawfully and feloniously, and by means of
force, threat and intimidation, have carnal knowledge of
one Jenalene S. Santos without her consent and against
her will.
PLEA BARGAINING
agreement.
I. JURISDICTION:
III-A. That sometime on the night of May 1, 2012, at
#8 Accuser St., Quezon City, Philippines, the said
Sean T. Thompson through stealth and strategy
entered the complainants house;
III-B. That while he is in the complainants house, he
went into her bedroom where she was getting ready to
sleep
III-C. That using force, threat and intimidation, and

without the complainants consent, the accused had
carnal knowledge with the complainant.;
III-D. That despite resistance and lack of consent, he
was able to overpower the complainant and made her
fall asleep through the use of some sleeping agent;
III-E. That after being processed and referred to the
Medico-Legal, the latter was able to collect semen
sample from the accused found within the
complainants genital area which is enough to make
proper DNA analysis.
reproduction of the Medico-legal findings;
blood stream;
1. Jenalene S. Santos, the private offended party;
2. Diana Navarro, the Medical Technician from

Medico-Legal who processed Jenalene S.
Santoss case.
arise.
ISSUES
accused:
1. Performing the above-mentioned acts,
constitute Rape as defined by Article 266-A of the
Revised Penal Code.
ELIZABETH REYES
Jose D. Manuel
Counsel for the accused, Quezon City.
RAPE
Plaintiff,
For: Rape

Defendant.
x-----------------------------------x

EXHIBIT
---
true
and
faithful
machine
reproduction of the Medico-legal findings.

blood stream;

given by witnesses Jenalene S. Santos (private offended party),
Diana Navarro, the Medico Legal Medical Technician who
processed Jenalene S. Santoss case.
Exhibits A, B, and C with all its respective sub-markings,
identical purpose of showing that on 1 st day of May, 2012, at 1
Sesame Street, Quezon City, Philippines, the accused had
carnal knowledge with said Jenalene S. Santos through force,
threat and intimidation and without the latters consent.
ELIZABETH REYES
Copy furnished:
(by personal delivery in open court):
Atty. Jose D. Manuel, counsel for the accused.
RAPE
Plaintiff,
For: Rape

Defendant.
x-----------------------------------x
PROFFER OF EVIDENCE
Court , to wit:
EXHIBIT
---
true
and
faithful
machine
reproduction of the Medico-legal findings.

blood stream;

given by witnesses Jenalene S. Santos (private offended party),
Diana Navarro, the Medico Legal Medical Technician who
processed Jenalene S. Santoss case.
Exhibits A, B, and C with all its respective sub-markings,
identical purpose of showing that on 1 st day of May, 2012, at 1
Sesame Street, Quezon City, Philippines, the accused had
carnal knowledge with said Jenalene S. Santos through force,
threat and intimidation and without the latters consent.
ELIZABETH REYES
Copy furnished:
(by personal delivery in open court):
Atty. Jose D. Manuel, counsel for the accused.
VIOLATION OF R.A. 7610

Makati City
) s.s.
COMPLAINT-AFFIDAVIT
I, Alessandra T. Masangkay, Filipino, of legal age, married
to Rudito O. Masangkay, and a resident of #1 Kapitolo Street,
MAKATI City, Philippines, after being sworn to in accordance
with law, depose and state:
1. That I am the mother of Justin M. Santiago; the
offended party, being my first born child from my first
live-in partner, Reynald B. Santiago. and Rudito O.
Masangkay is my lawfully married husband; the
accused in this case.
2.
That Rudito O. Masangkay currently resides at our

conjugal house at #1 Kapitolo Street, Makati City;
3.
That at about 9 (nine) in the evening of September 5,

2012, the accused was having a drinking spree with his
friends namely Allan G. Castillo and Joe A. Clarin at the
balcony of our conjugal house when all of the sudden I heard
the accused called my son, Justin to buy him two more bottle
of Sanmig beer;
4.
That when my son, Justin didnt conform right away

because the latter was inside the comfort room, the accused
sturdily knocked the comfort rooms door instructing Justin to
come out right away while uttering demeaning words to the
latter, such as youre lazy, youre son of an idiot, youre better
than nothing, you dont have any value etc...;
5.
That when my son open the comfort rooms door the

accused immediately grabbed my sons body, tossed him on
the chair in front of the dining table, banged his head against
the table, boxed him repeatedly and kicked him on his waist
several times;
6.
That when I came to rescue my son the accused

hurriedly run towards the main door;
7.
I am therefore executing this Complaint-Affidavit in

support of the charges for Child Abuse penalized under Sec.
10, paragraph (a), in relation to Section 3 paragraph a & b (1
& 2) of Republic Act 7610 against the said Rudito O.
Masangkay.
this 6th day of September 2012 at MAKATI City, Philippines.
ALESSANDRA T. MASANGKAY
Affiant-Complainant
September 2012, affiant exhibiting to me her Community Tax
Makati City.
CERTIFICATION
BERNARDO SALVADOR

(Counter-Affidavit)
Makati City
) s.s.
COUNTER-AFFIDAVIT
I, Rudito O. Masangkay, of legal age, married, Filipino
and with residence address at No. 1 Kapitolo Street, MAKATI
City, Philippines, after having been duly sworn in accordance
with law, do hereby depose and state, that:
(1) I was charged with Child abuse under Sec. 10,
paragraph (a), in relation to Sec. 3, paragraph a & b
(1 & 2) of Republic Act 7610, for having allegedly
physically and verbally abused Justin M. Santiago
Jr.;
(2) The truth of the matter is that on that evening of
September 5, 2012 after our drinking session with
my friends Allan G. Castillo and Joe A. Clarin, I
called Justin to buy two more beer but when the boy
was still inside the comfort room despite of calling
him many times, I just ignored it and proceeded to
the third floor of the house and soundly slept there
when I heard the commotion on the second floor of
the house near the balcony;
(3) That Justin upon getting out of the comfort room
slipped on the floor near the stairs and fell thereon
that caused him serious physical injuries, but due to
the effect of alcohol I didnt clearly understand what
was going on so I just went back to sleep and my
intoxication deprived me to offered assistance to the

injured Justin, and the last thing I remember was
when the police arrested me in the morning of
September, 06, 2012 for alleged maltreatment of
Justin M. Santiago Jr.
truth of the foregoing and for whatever legal purpose it
September serve.
Makati City, September 6, 2012.
RUDITO O. MASANGKAY
Respondent-Affiant
MAKATI, this 6th day of September2012 by Mr. Rudito o.
Masangkay with Residence Certificate No. 0012345 issued at
MAKATI City, on July 4, 2012.

Notary Public
My commission expires on
December 31, 2012
Doc No. 654321
Page No. 654321
Book No. 654321
Series of 2012.
Copy Furnished:
Alessandra T. Masangkay
#1 Kapitolo St., Makati City, Philippines

(Reply)
Makati City
Alessandra T. Masangkay,
Complainant,
I.S. No. 123456
For: Violation of RA 7610
- versus Rudito O. Masangkay

Respondent.
x---------------------------------x
REPLY
COMES NOW, ALESSANDRA T. MASANGKAY, after

having been sworn to in accordance with law, hereby depose
and say THAT;
(a) I am executing this affidavit in reply jointly to the
counter-affidavit submitted by the respondent in I. S.
No. 2012-08-05 and, at this outset, I hereby reiterate
and incorporate herein my allegations in my earlier
complaints-affidavit filed against the answering
respondent;
(b)The argument raised by the respondent in the
counter affidavit is that he was not the one who
inflicted those physical abuses to my son, since he
was already sleeping when the incident happened,
and that, those sustained physical injuries by my son
were self-inflicted since the latter fell from the stairs

of the second floor of the house;
(c) There can be no conclusion other than the fact that
the respondent is the one who inflicted those physical
and verbal abuses to my son, Justin C. Santiago;
(d)The rest of the allegations in respondents counter
affidavit are irrelevant and immaterial and are
evidently designed to build a collateral defense
against the plain and simple complaint for Child
Abuse under Sec. 10, paragraph a & b (1 & 2) of
Republic Act No. 7610;
(e) This affidavit is made in utmost good faith for the
sole purpose of attesting to the truth of the foregoing
statements of fact in furtherance of my efforts to
prosecute the respondent in conformity with my
complaint filed against him.
25 day of September, 2012, at the City of MAKATI,
Philippines.
th
Complainant
September, 2012, at the City of MAKATI, Philippines, and I

Notary Public
My commission expires
on December 31, 2012
Doc No. 654321

Page No. 654321
Book No. 654321
Series of 2012.

(Rejoinder)
Makati City
Complainant,
I.S. No. 123456

Respondent.
x---------------------------------x
REJOINDER
COMES NOW the respondent, RUDITO O. MASANGKAY
through counsel, and, by way of a Rejoinder to the
complainants Reply, respectfully alleges that:
1.
This Rejoinder is being

filed with the Office of the City Prosecutor considering
that Reply filed by the complainant disregards the fact
the accused was not the one who inflicted cruel acts to
the victim and those sustained serious physical
injuries were self-inflicted when the boy by himself
slipped on the floor near the stairs and fell thereon,
the accused didnt able to rescue the boy because of
too much intoxication and such actions of the
respondent does not constitute child abuse as
punished by R.A. 7610;
2.
The simple issue of the

matter now is whether or not such action of the
accused constitutes a violation of the provision of
Republic Act 7610 on Child Abuse.

Makati City, September 10, 2012
ALEXES JOSEPH BENDEJO

Counsel for Respondent
Ayala Avenue, Makati City.
I B P 123456
P T R 123456
Roll No. 123456
Copy furnished:
Alessandra T. Masangkay
#1 Kapitolo Street, Makati City

(Sur-Rejoinder)
Makati City
Complainant,
I.S. No. 123456

Respondent.
x---------------------------------x
SUR-REJOINDER
COMES NOW the complainant, ALESSANDRA T.
MASANGKAY, through counsel, and, by way of a Sur rejoinder,
1.
This Sur
rejoinder is being filed with the Office of the City
Prosecutor considering that Rejoinder filed by the
respondent disregards the fact that the acts of
respondent constitute child abuse penalized under
Sec. 10, (a), in relation to Sec. 3 (1 & 2) of Republic Act
7610.

MAKATI City, September 25, 2012.

LOURENA B. BUNDAC
Roces Avenue, Makati City.
I B P 123456
P T R 123456
Roll No. 123456
Copy furnished:
Rudito O. Masangkay
# 1 Halaya St., Makati City

(Resolution)
Makati City
Complainant,
I.S. No. 123456

Respondent.
x---------------------------------x
RESOLUTION
SUBMITTED for resolution is a complaint for Violation of
the Child Abuse Law, or Republic Act No. 7610, otherwise
allegedly committed in the evening of September 05, 2012, at
No. 1 Kapitolo St. MAKATI City. In support of the complaint,
the complainant and the eight (8) year old victim submitted
and affirmed their respective sworn statements.
On October 03, when this case was called for the
continuation of the preliminary investigation, the respondent
appeared but the complainant failed to come. The respondent
called the attention of the undersigned to his counter affidavit
and its annexes and asked for an extension of time to submit
additional evidence. Finding the request to be in order, the
same is hereby granted and the respondent is given a period of
ten (10) days from today within which to submit his additional
evidence.
In the light of the foregoing, the respondent is hereby
directed to furnish the complainant with a copy of his counter
affidavit, together with its annexes, and of the additional
evidence which he submitted, and to submit proof of service of
the same to this Office.
Makati City, October 04 ,2012.
MARIENELL FORTUNO
Copy furnished:
1. Alessandra T. Masangkay No. 1 Kapitolo St , MAKATI
City;
2. Rudito O. Masangkay No. 2 Halaya St, MAKATI City.

(Resolution)
Complainant,

Defendant.
x-------------------------------------x
INFORMATION
The undersigned City Prosecutor of the City of MAKATI
accuses RUDITO O. MASANGKAY, of acts of cruelty
constituting Child Abuse, defined and punished under Section
10, paragraph (a), in relation to Section 3, paragraphs A and
B(1) of Republic Act No. 7610, committed as follows:
That on or about the 5th day of September, 2012, in the
City of MAKATI, Philippines, and within the jurisdiction of this
Honorable Court, the said accused, actuated by hate and by
means of violence, did then and there willfully, unlawfully and
feloniously commit acts of cruelty constituting Child Abuse on
the person of Justin C. Santiago Jr., an eight (8) year old
minor, by banging the latters head against a table, boxing him
repeatedly, and kicking him on his waist, thereby inflicting
upon the latter serious physical injuries, to wit: Serious Infra
- orbital Hematoma, left resolving, and Temporary Loss of

Speech due to shock and trauma which conditions required
medical attendance for a period not less than 30 days,
excluding complications,
which cruel acts are prejudicial to
the childs development.

SARAH M. CASIN
City Prosecutor
Makati City

Makati City
) s.s.
I, ALESSANDRA T. MASANGKAY , of legal age, single,
Filipino, and residing at 1 Kapitolo Street, MAKATI City,
Philippines, after having been sworn to in accordance with law,
depose and says that:
2012-08-05 for CHILD ABUSE, entitled People of the
Philippines vs. RUDITO O. MASANGKAY which is now
pending before the Regional Trial Court, National
Capital Judicial Region, MAKATI City, Branch 144;
honestly believe that, due to the darkness of the night
during which the incident happened, I was not able to
see the face of the perpetrator;
3. I cannot, in clean conscience, pursue this criminal
case against the accused where I cannot verify with
certainty the identity of the perpetrator;

this 29th day of November 2012, in the City of MAKATI.
Affiant
MAKATI, this 29TH day of September 2012 by Alessandra T.
Masangkay with Residence Certificate No. 0987654321 issued
at MAKATI City, on January 4, 2012.

Notary Public
My commission expires
on December 31, 2012
Roll: 123456
IBP: 123456
PTR: 123456
MCLE: 123456
Doc. No. 654321_______;
Page No. 654321_______;
Book No. 654321_______;
Series of 2012.

Makati City
) s.s.
I, ALESSANDRA T. MASANGKAY, of legal age, married,
Filipino,
and
residing
#1
Kapitolo
St.,
MAKATI
City,
Philippines, after having been sworn to in accordance with law,

depose and says that:
2012-08-05 for CHILD ABUSE under R.A. 7610,
entitled People of the Philippines vs. RUDITO O.
MASANGKAY which is now pending before the
case was just a misunderstanding between the victim
and the aforementioned accused;
3. Further interview with other witnesses affirms the
truthfulness of the statement of RUDITO O.
MASANGKAY that my son, Justin C. Santiago Jr. was
not intentionally beaten by the latter;

this 29th of September2012, in the City of MAKATI.
Affiant
MAKATI, this 25th day of November, 2012 by JAIME I. CORDEZ
JR. with Residence Certificate No. 0987654321 issued at
MAKATI City, on January 4, 2012.

Notary Public
December 31, 2012
Roll: 123456
IBP: 123456
PTR: 123456
MCLE: 123456
Doc. No. 654321
Page No. 654321
Book No. 654321
Series of 2012.

Complainant,

Defendant.
x-------------------------------------x

COMES NOW accused RUDITO O. MASANGKAY through
the undersigned counsel, and respectfully alleges:
commission of the crime of Violation of R.A. 7610
otherwise known as Special Protection of Children
Against Child Abuse, Exploitation And Discrimination
Act;
strong;
satisfactorily shown, the defendant September be bailed

at the courts discretion.
such amount as this Honorable Court may fixed.
September 8, 2012. Makati City
ALEXES JOSEPH BENDEJO

Counsel for Defendant
Ayala Avenue, Makati City.
I B P 123456
P T R 123456
Roll No. 123456
Notice of Hearing
LOURENA B. BUNDAC
Makati City
Greetings:
Please take notice that on September 18, 2012, at the
MAKATI City Regional Trial Court Branch 7 at 9 oclock a.m.,
of the court.
Makati, Philippines. September 12, 2012
LOURENA A. BUNDAC
Makati City
Received by:

Complainant,

Defendant.
x-------------------------------------x

Accused
RUDITO
O.
MASANGKAY
through
the

Php 80,000.00;
2. That said defendant is a person whose salary he earns
from Proctor & Gamble Corp amounting to a net of Php
15,000.00 a month is barely enough to meet even his
personal needs and monthly obligations.
WHEREFORE, the accused RUDITO O. MASANGKAY
September 09, 2012. MAKATI City

Counsel for the Defendant
Roll: 123456
IBP O.R.12456
PTR O.R. 123456
MCLE: 123456
Notice of Hearing
LOURENA B. BUNDAC
Makati City
Greetings:
of the court.
LOURENA A. BUNDAC
Makati City
Received by:

Complainant,

Defendant.
x-------------------------------------x
MOTION TO RELEASE THE ACCUSED ON RECOGNIZANCE

COMES NOW accused RUDITO O. MASANGKAY and
commission of the crime of Child Abuse;
hereby binds himself, pending final decision of the aboveentitled case, to appear before the court when so
ordered ;
accept the authority of Governor Ban T. Ay in whose
custody he was placed by the Court.

respectfully
prayed
that
the
defendant
be
released
on
recognizance.
RUDITO O. MASANGKAY
Accused
NOTICE OF HEARING
SARAH I. CASIN
City Prosecutor
Makati City
Greetings:
Please take notice that on Friday, September 28, 2012, at
the MAKATI City Regional Trial Court Branch 144 at 9 oclock
of the court.
MAKATI, Philippines. September 15, 2012

Makati City
Received by:

Complainant,

Defendant.
x-------------------------------------x
MOTION TO QUASH INFORMATION

Accused
RUDITO
O.
MASANGKAY
through
the

crime of Child Abuse committed against Justin C.
Santiago Jr.;
2. That the case against him was dismissed without his
express consent.
officio.

Roll: 123456
IBP O.R.12456
PTR O.R. 123456
MCLE: 123456
Notice of Hearing
LOURENA B. BUNDAC
Makati City
Greetings:
of the court.
LOURENA A. BUNDAC
Makati City
Received by:

Complainant,

Defendant.
x-------------------------------------x

Accused
RUDITO
O.
MASANGKAY
through
the

crime of Child Abuse committed against Justin C.
Santiago;
this case;

when he approved the filing of the Information when
accused for the crime he allegedly committed.
WHEREFORE,
it
is
respectfully
prayed
that
this

herein accused.

Roll: 123456
IBP O.R.12456
PTR O.R. 123456
MCLE: 123456
Notice of Hearing
LOURENA B. BUNDAC
Makati City
Greetings:
of the court.
LOURENA A. BUNDAC
Makati City
Received by:

Complainant,

Defendant.
x-------------------------------------x

Respondent
RUDITO
O.
MASANGKAY
through
the

1. That he is the respondent in the above-entitled complaint

of the crime of Child Abuse committed against Justin C.
Santiago;

Roll: 123456
IBP O.R.12456
PTR O.R. 123456
MCLE: 123456
Notice of Hearing
LOURENA B. BUNDAC
Makati City
Greetings:
of the court.
LOURENA A. BUNDAC
Makati City
Received by:

Complainant,

Defendant.
x-------------------------------------x

alleges that:
heading to Republic of Mexico where the Philippines
have no diplomatic ties much more any extradition
treaty;

justice;
accused.
SARAH I. CASIN
City Prosecutor
Notice of Hearing
LOURENA A. BUNDAC
Makati City
Greetings:
Please take notice that on Friday, September 28, 2012, at
the MAKATI City Regional Trial Court Branch 144 at 9 oclock
of the court.
Makati, Philippines. September 15, 2012.
SARAH I. CASIN
City Prosecutor
Received by:
Makati City

(Trial Brief)
Complainant,

Defendant.
x-------------------------------------x
TRIAL BRIEF
UNDERSIGNED
Assistant
City
Prosecutor
hereby

Criminal
Procedure,
and
sub-paragraph
number
of

application of the provisions of Republic Act 7610 specifically
Sec. 10, (a) in relation to Sec. 3 (1 & 2) , on the following
circumstances, to wit:
That on or about the 5 th day of

September, 2012, in the City of Makati,
Philippines, and within the jurisdiction of
this Honorable Court, the said accused,
actuated by hate and by means of violence,
did then and there willfully, unlawfully and
feloniously
commit
acts
of
cruelty
constituting Child Abuse on the person of

Justin C. Santiago Jr., an eight (8) year old
minor, by banging the latters head against
a table, boxing him repeatedly, and kicking
him on his waist, thereby inflicting upon
the latter serious physical injuries, to wit:
Serious Infra - orbital
Hematoma,
left
resolving, and Temporary Loss of Speech

due to shock and trauma which conditions
required medical attendance for a period
not
less
than
complications,
30
which
days,
cruel
excluding
acts
are
prejudicial to the normal development of

the child.
PLEA BARGAINING
agreement.
I.
JURISDICTION:

II.

III-A. That private complainant (the mother of the victim)
is lawfully married to Rudito O. Masangkay;
III-B. That at about 9 (nine) in the evening of September 5,
balcony of the conjugal house when all of the sudden the
private complainant (Alessandra T. Masangkay) heard the
accused called the victim (Justin) to buy him two more bottle
of Sanmig beer;
III-C. That when Justin didnt conform right away because the
latter was inside the comfort room, the accused
sturdily
knocked the comfort rooms door instructing Justin to come

out right away while uttering demeaning words to the latter,
such as youre lazy, youre son of an idiot, youre better than
nothing, you dont have any value etch.
III-D. That when Justin open the comfort rooms door the
accused immediately
grabbed Justins body, tossed him on
several times; That when the private complainant
came to
rescue her son the accused hurriedly run towards the main
door.
III-E.
That
testimonials
from
their
neighbor
(UsySyra)
confirmed that Rudito Masangkay was the one who inflicted

physical abuse to Justin C. Santiago Jr. on that fateful evening
of September 5, 2012
I.
EXHIBIT A --- A Medical Certificate of the offended

party ( Justin C. Santiago Jr.) certified by a Medico
Legal Dr. Torres-Doc.
II.
TESTIMONIAL EVIDENCE:
1. Justin C. Santiago, the private offended party;

2. Alessandra
T.
Masangkay,
the
private
complainant and mother of the private offended
party;
3. Kong Bagatsing, neighbor of the accused and the
offended party, who witnessed the acts of the
accused.
additional evidence as the need therefore September
ISSUES
accused:

constitute a violation of the provisions of Republic
Act No.7610 specifically Sec. 10, paragraph (a), in
relation to Sec. 3, paragraph a & b (1 & 2)
Makati City, November 10,2012
SARAH I. CASIN
LOURENA A. BUNDAC
Counsel for the accused,
Makati City.

(Pre-Trial Brief)
Complainant,

Defendant.
x-------------------------------------x
PRE-TRIAL BRIEF
UNDERSIGNED Assistant City Prosecutor hereby respectfully
submits, for purposes of the Pre-Trial hereon, conformably
with Rule 118 of the (2000) Revised Rules on Criminal
Procedure, and sub-paragraph number 1 of paragraph B of
the chapter on Pre-Trial of Administrative Matter No. 03-1-09SC, the following Manifestations, Proposals for Stipulation of
Facts and Issues, and Identification of Evidence for the
Prosecution, to wit:
application of the provisions of Republic Act 7610 specifically
Sec. 10, (a) in relation to Sec. 3 (1 & 2) , on the following
circumstances, to wit:
That on or about the 5 th day of

September, 2012, in the City of Makati,
Philippines, and within the jurisdiction of
this Honorable Court, the said accused,
actuated by hate and by means of violence,
feloniously
commit
acts
of
cruelty
constituting Child Abuse on the person of

Justin C. Santiago Jr., an eight (8) year old
minor, by banging the latters head against
a table, boxing him repeatedly, and kicking
him on his waist, thereby inflicting upon
the latter serious physical injuries, to wit:
Serious Infra - orbital
Hematoma,
left
resolving, and Temporary Loss of Speech

due to shock and trauma which conditions
required medical attendance for a period
not
less
than
complications,
30
which
days,
cruel
excluding
acts
are
prejudicial to the normal development of

the child.
PLEA BARGAINING
agreement.
III.
JURISDICTION:

IV.

III-A. That private complainant (the mother of the victim)
is lawfully married to Rudito O. Masangkay;
III-B. That at about 9 (nine) in the evening of September 5,
balcony of the conjugal house when all of the sudden the
private complainant (Alessandra T. Masangkay) heard the
accused called the victim (Justin) to buy him two more bottle
of Sanmig beer;
III-C. That when Justin didnt conform right away because the
latter was inside the comfort room, the accused
sturdily
knocked the comfort rooms door instructing Justin to come

out right away while uttering demeaning words to the latter,
such as youre lazy, youre son of an idiot, youre better than
nothing, you dont have any value etch.
III-D. That when Justin open the comfort rooms door the
accused immediately
grabbed Justins body, tossed him on
several times; That when the private complainant
came to
rescue her son the accused hurriedly run towards the main
door.
III-E.
That
testimonials
from
their
neighbor
(UsySyra)
confirmed that Rudito Masangkay was the one who inflicted

physical abuse to Justin C. Santiago Jr. on that fateful evening
of September 5, 2012
III.
EXHIBIT A --- A Medical Certificate of the offended

party ( Justin C. Santiago Jr.) certified by a Medico
Legal Dr. Torres-Doc.
IV.
TESTIMONIAL EVIDENCE:
4. Justin C. Santiago, the private offended party;

5. Alessandra
T.
Masangkay,
the
private
complainant and mother of the private offended
party;
6. Kong Bagatsing, neighbor of the accused and the
offended party, who witnessed the acts of the
accused.
additional evidence as the need therefore September
ISSUES
accused:

constitute a violation of the provisions of Republic
Act No.7610 specifically Sec. 10, paragraph (a), in
relation to Sec. 3, paragraph a & b (1 & 2)
Makati City, November 10,2012
SARAH I. CASIN
LOURENA A. BUNDAC
Makati City.

Complainant,

Defendant.
x-------------------------------------x

EXHIBIT A --- A Medical Certificate of the
offended party certified by a Medico Legal Dr.
Torres-Doc.
given by witnesses Justin C. Santiago (the private offended
party), Alessandra T. Masangkay (mother of the offended party),
Kong Bagatsing neighbor of the private offended party and the
accused who witnessed the cruel acts of the latter towards the
offended party.
Exhibits A with all its respective sub-markings, together with

the testimony of said witnesses, are offered for the identical
purpose of showing that in the evening of the 5th day of
September, 2012, at 1 Kapitolo Street, MAKATI City,
Philippines, the accused physically and verbally abused Justin
C. Santiago Jr., in violation of the provision of Sec. 10,
paragraph (a), in relation to Sec. 3, paragraph a & b (1 & 2) of
R.A.7610, a law on Child Abuse.
Furthermore, the prosecution respectfully manifests that all of
the afore-described exhibits/evidence for the prosecution have
been submitted to custody of the Honorable Court.
SARAH I. CASIN
Copy furnished:
ATTY. ALEXES JOSEPH R. BENDIJO

counsel for the accused.

Complainant,

Defendant.
x-------------------------------------x
PROFFER OF EVIDENCE
Court, to wit:
EXHIBIT A --- A Medical Certificate of the private
offended party (Justin C. Santiago Jr.) certified by a
Medico Legal Dr. Torres-Doc.
given by witnesses Alessandra T. Masangkay (private
complainant and mother of the victim), Kong Bagatsing,
neighbor of the private offended party and the accused, who
witnessed the cruel acts of the latter towards Justin C.
Santiago Jr. and the testimony of the victim himself (Justin C.

Santiago Jr.).
Exhibits A with all its respective sub-markings, together with
the testimony of said witnesses, are offered for the identical
purpose of showing that on or about the 5 th day of September,
2012, in the City of MAKATI, Philippines, and within the
jurisdiction of this Honorable Court, the said accused, actuated
by hate and by means of violence ,did, then, there, willfully,
unlawfully and feloniously commit acts of cruelty constituting
Child Abuse on the person of Justin C. Santiago Jr. in violation
of the provision of Sec. 10 (a), in relation to Sec. 3, par. a & b
(1& 2) of R.A.7610.
The prosecution respectfully submits these evidences on
SARAH I. CASIN
Copy furnished:
Atty. ALEXES JOSEPH R. BENDIJO

counsel for the accused.
VIOLATION OF ANTI-SEXUAL HARRASSMENT LAW

City of Manila
) s.s.
COMPLAINT-AFFIDAVIT
I, Juana Dela Cruz, Filipino, 21, female, single, and a
resident of City of Manila, Philippines, after being sworn to in
1. I am currently a student of San Carlos University of No.
100 P Campa Street, City of Manila, Philippines
2. That I know the person of Emilio Esteves, who is the
athletic moderator of San Carlos University of No. 100 P
Campa Street, City of Manila, Philippines;
3. That at around 4PM of October 1, 2011, after the practice
of the table tennis team, the said Emilio Esteves told me
to stay inside his office to have him sign my graduation
clearance;
4. That while inside his office, as we were talking, he
started rubbing my shoulders and asked me to take off
my t-shirt for physical inspection if not, he will not sign
my graduation clearance;
5. That, after reluctantly taking my shirt off, he was able to
grab hold of my breast and started kissing my neck and
shoulders;
6. Luckily another student, Trey Dizon knocked on the door
and Mr. Lopez was interrupted from what he was doing;
7. That, I left in a huff without even having properly worn

my clothes;
8. That me and my father immediately reported the said
incident to the nearest police station. A true and faithful
machine copy of the police report is hereby attached here
as Annex A;
support of the charges of violation of Republic Act No.
7877 Anti Sexual Violation Act against the said Emilio
Esteves, who may be served with subpoena and other
processes of this Honorable Office at his office inside the
school premises at San Carlos University of No. 100 P
Campa Street, City of Manila, Philippines;

this 10th day of October, 2010 at the City of Manila,
Philippines.
JUANA DELA CRUZ

Affiant-Plaintiff
CERTIFICATION
ALFREDO DE OCAMPO

(Counter-Affidavit)
City of Manila
) s.s.
COUNTER AFFIDAVIT
I, Emilio Esteves, of legal age, single, Filipino and with
resident address at, 1234 Benavidez St. Manila, Philippines,
(1) I was charged with violation of Republic Act 7877 Anti
Sexual Harassment Act, by the private-Plaintiff;
(2)
However, on the date in question, the fact of the
matter is there is no such requirement on my part for any

physical examination for graduation clearance;
(3) That, She was accompanied by 2 other classmates
which I really dont remember the name but I readily signed
her clearance form;
(4) that, The private Plaintiff was forced to file this
complaint because of reasons only known to her.
serve.
Manila, 30th October 2010
Emilio Esteves
Accused-Affiant

Manila, this 30th day of October 2010 by Emilio Esteves with
Residence Certificate No. 00123457 issued at Manila, on
October 30, 2010.
Atty. Jaime I. Cordez Jr.
Notary Public
December 31, 2010
Doc No. __________;
Page No. _________;
Book No. _________;
Series of 2010.
Copy Furnished:
Juana Dela Cruz
400 Masagana St., Manila, Philippines

(Resolution)
City of Manila
Juana Dela Cruz,
Complainant,
- versus Emilio Estevez,

Defendant.
x---------------------------x
RESOLUTION
SUBMITTED for resolution is a complaint for violation
Republic Act No. 7877 allegedly committed during the October
1, 2010, at Manila, supported by the sworn statement of the
Plaintiff and photocopies of the police report of the incident.
In his sworn statement, the Plaintiff alleges that, during
the afore-stated period of time and place, the Accused in
exchange for his signature in Plaintiffs graduation clearance,
she was asked by the Accused to take off her top and allow
him to touch her breast and other parts although he was not
able to finished doing so.
However, the Accused claims that, the filing of the
complaint is without legal basis since the there was no such
act and the Plaintiff was merely asked to answer mere queries
about her background and that there was 2 other students at

the time of signing.
sufficient cause to hold the Accused EMILIO ESTEVES for
VIOLATION of Republic Act No. 7877.
Manila, October 30, 2010.
ALFREDO DE OCAMPO
APPROVED:
MARIENELL FORTUNO
City Prosecutor

(Information)
City of Manila, Branch VII
Complainant,

Defendant.
x--------------------------------x
INFORMATION
Manila, upon prior written authority of the City Prosecutor,
Marienell Fortuno,
accuses
EMILIO ESTEVES
of
crime
punishable under Republic Act 7877, committed as follows:

of Manila, Philippines, and within the jurisdiction of this
Honorable Court, the said accused, actuated by lust, did then
and there willfully, unlawfully and feloniously commit violation
of Republic Act 7877 on the person of Juana Dela Cruz, as her
schools athletic moderator, by requiring her to grab her breast
and allow him to touch and massage her back as a requisite
for her graduation clearance.
Contrary to law.
ALFREDO DE OCAMPO
City of Manila
) s.s.
I, JUANA DELA CRUZ, of legal age, single, Filipino, and
residing at 300 Masangkay St. Manila, Philippines, after
having been sworn to in accordance with law, depose and says
that:
1. I am the Private Plaintiff in Criminal Case No. E-456789 for VIOLATION OF
REPUBLIC ACT 7877,
entitled People of the Philippines vs. EMILIO
ESTEVES, which is now pending before the
Metropolitan Trial Court, National Capital Judicial
Region, Manila, Branch 001;
honestly believe that, due to the speed at which the
incident happened, I was not able to see the face of the
perpetrator;
3. I cannot, in clean conscience, pursue this criminal
case against the accused where I cannot verify with
certainty the identity of the perpetrator;


this 20th day of October 2010, in the City of Manila.
JUANA DELA CRUZ

Affiant
Manila, this 20th day of October 2010 by Juana Dela Cruz with
October 4, 2010.
ATTY. JAMES FRANCO

Notary Public
December 31, 2010
Roll : 3464747
IBP : 5768676
PTR : 464757645
MCLE : y46790
Doc. No. _________;

Page No. _________;
Book No. ________;
Series of 2010.

City of Manila
Juana Dela Cruz,
Complainant,
- versus -

Emilio Estevez,
Defendant.
x---------------------------x
COMES NOW accused EMILIO ESTEVES, through the
commission of the violation of Republic Act 7877;
strong;
courts discretion.

October 30, 2010. Manila
LOURENA A. BUNDAC
Roll:T78979
IBP O.R.676H75
PTR O.R.575798
MCLE:575887
Notice of Hearing
Marienell Fortuno
City Prosecutor
Manila
Greetings:
Please take notice that on Friday, October 30, 2010, at
the Manila Regional Trial Court Branch 001 at 9 oclock a.m.,
of the court.
Manila, Philippines. October 20, 2010
Lourena A. Bundac
Manila
Received by:

City of Manila
Juana Dela Cruz,
Complainant,

Defendant.
x---------------------------x

Accused EMILIO ESTEVES, through the undersigned
Php 50,000.00
2. That said defendant is a partner from Berg and Co. she
therefore would be unable to serve her clients and the
general public if the bail is set at that amount
WHEREFORE,
the
accused
EMILIO
ESTEVES
respectfully prays that the court grants this motion to
reduce bail to Php 5,000.00 or such amount as the court
sees just in accordance with the circumstances thus
presented.
LOURENA A. BUNDAC
Roll:T78979
IBP O.R.676H75
PTR O.R.575798
MCLE:575887
Notice of Hearing
Marienell Fortuno
City Prosecutor
Manila
Greetings:
of the court.
Lourena A. Bundac
Manila
Received by:

City of Manila
Juana Dela Cruz,
Complainant,
- versus -

Emilio Estevez,
Defendant.
x---------------------------x
COMES NOW accused EMILIO ESTEVES and respectfully
alleges:
commission of the offense of violation of Anti Sexual
Harassment Act;
bond, hereby binds herself, pending final decision of
the above-entitled case, to appear before the court
when so ordered ;
accept the authority of Lourena A. Bundac in whose

respectfully
prayed
that
the
defendant
be
released
on
recognizance.
LOURENA A. BUNDAC
Roll:T78979
IBP O.R.676H75
PTR O.R.575798
MCLE:575887
Notice of Hearing
Marienell Fortuno
City Prosecutor
Manila
Greetings:
of the court.
Lourena A. Bundac
Manila
Received by:

City of Manila
Juana Dela Cruz,
Complainant,

Defendant.
x---------------------------x
MOTION TO QUASH
offense of violation of Anti Sexual Harassment Act
Republic Act 7877 committed against Juana Dela Cruz.
this case.
oficio.
LOURENA A. BUNDAC
Roll:T78979
IBP O.R.676H75
PTR O.R.575798
MCLE:575887
Notice of Hearing
Marienell Fortuno
City Prosecutor
Manila
Greetings:
of the court.
Lourena A. Bundac
Manila
Received by:

City of Manila
Juana Dela Cruz,
Complainant,

Defendant.
x---------------------------x

PROBABLE CAUSE AND HOLD IN ABEYANCE THE
offense of violation of Republic Act 7877 committed
against Juana Dela Cruz.
this case.

WHEREFORE,
it
is
respectfully
prayed
that
this

herein accused.
LOURENA A. BUNDAC
Roll:T78979
IBP O.R.676H75
PTR O.R.575798
MCLE:575887
Notice of Hearing
Marienell Fortuno
City Prosecutor
Manila
Greetings:
of the court.
Lourena A. Bundac
Manila
Received by:

City of Manila
Juana Dela Cruz,
Complainant,
- versus -

Emilio Estevez,
Defendant.
x---------------------------x
The undersigned City Prosecutor of Manila respectfully
alleges that:

accused.
Marienell Fortuno
City Prosecutor
Notice of Hearing
Lourena A. Bundac
Manila
Greetings:
of the court.
Manila, Philippines. October 20, 2010.
MARIENELL FORTUNO
City Prosecutor
City of Manila
Received by:

City of Manila
Juana Dela Cruz,
Complainant,

Defendant.
x---------------------------x

crime of Violation of Anti Sexual Harassment Act
committed against Juana Dela Cruz;
this case;
WHEREFORE,
it
is
respectfully
prayed
that
this

the herein accused.
LOURENA A. BUNDAC
Roll:T78979
IBP O.R.676H75
PTR O.R.575798
MCLE:575887
Notice of Hearing
Marienell Fortuno
City Prosecutor
Manila
Greetings:
of the court.
Lourena A. Bundac
Counsel for Accused
Manila
Received by:

(Trial Brief)
City of Manila
Juana Dela Cruz,
Complainant,

Defendant.
x---------------------------x
TRIAL BRIEF
respectfully submits, for purposes of the trial hereon,
application of the provisions of the Republic Act 7877, on the
following circumstances, to wit:
That on or about the October 1, 2010, in the City of
Manila, Philippines, and within the jurisdiction of
this Honorable Court, the said accused did then and

there willfully, unlawfully and feloniously commit
violations of Anti Sexual Harassment Act on the
person of Juana Dela Cruz, as athletic moderator of
the school, in exchange for his signature on the
graduation clearance form, he was to touch and grab
her breasts and other body parts of her body.
PLEA BARGAINING
agreement.
I. JURISDICTION:
III-A. That sometime on the October 1, 2010, at San
Carlos University in P. Campa, Manila, Philippines,
the said Emilio Esteves, as athletic director was
approached by Ms. Juana Dela Cruz for the his
signature in her graduation clearance;
reproduction of the Police Report of the incident;
1. Juana Dela Cruz, the private offended party;
ISSUES
accused:
constitute violation of Republic Act No 7877 Anti
Sexual Harassment Act.
ALFREDO DE OCAMPO

Lourena A. Bundac
Manila.

(Pre-Trial Brief)
City of Manila
Juana Dela Cruz,
Complainant,

Defendant.
x---------------------------x
PRE-TRIAL BRIEF
respectfully submits, for purposes of the trial hereon,
application of the provisions of the Republic Act 7877, on the
following circumstances, to wit:
That on or about the October 1, 2010, in the City of

violations of Anti Sexual Harassment Act on the
person of Juana Dela Cruz, as athletic moderator of
the school, in exchange for his signature on the
graduation clearance form, he was to touch and grab
her breasts and other body parts of her body.
PLEA BARGAINING
agreement.
I. JURISDICTION:
III-A. That sometime on the October 1, 2010, at San
Carlos University in P. Campa, Manila, Philippines,
the said Emilio Esteves, as athletic director was
approached by Ms. Juana Dela Cruz for the his
signature in her graduation clearance;
2. Juana Dela Cruz, the private offended party;
ISSUES
accused:
constitute violation of Republic Act No 7877 Anti
Sexual Harassment Act.
ALFREDO DE OCAMPO

Lourena A. Bundac
Manila.

City of Manila
Juana Dela Cruz,
Complainant,
- versus -

Emilio Estevez,
Defendant.
x---------------------------x
EXHIBIT A --- A true and faithful machine reproduction
of the police report of the incident.
given by witness Juana Dela Cruz (private offended party).
Exhibit A with all its respective sub-markings, together
with the testimony of said witnesses, are offered for the
identical purpose of showing that on October 1, 2010, at San
Carlos University Athletics Offices in P. Campa, Manila,
Philippines, the accused performed acts complained of on the
person of the Plaintiff without the latters consent.

ALFREDO DE OCAMPO
Copy furnished:
Lourena A. Bundac
Counsel for the accused.

City of Manila
Juana Dela Cruz,
Complainant,
- versus -

Emilio Estevez,
Defendant.
x---------------------------x
PROFFER OF EVIDENCE
EXHIBIT A --- A true and faithful machine reproduction
of the police report of the incident.
given by witness Juana Dela Cruz (private offended party).
identical purpose of showing that on October 1, 2010, at San
Carlos University Athletics Offices in P. Campa, Manila,
person of the Plaintiff without the latters consent.

ALFREDO DE OCAMPO
Copy furnished:
Lourena A. Bundac
VIOLATION OF SOCIAL SECURITY ACT OF 1997


City of Manila
) s.s.
COMPLAINT-AFFIDAVIT
I, Pedra Santos, Filipino, 21, female, single, and a
resident of City of Manila, Philippines, after being sworn to in
1. I was an employee of Federasyon Barber Shop of No. 100
Quiricada Street, City of Manila, Philippines as a hair
stylist;
2. That I know the person of Mark Reyes, who is the sole
proprietor of Federasyon Barber Shop of No. 100
Quiricada Street, City of Manila, Philippines;
3. That, from April 2009 up to July 2012, I have been
deducted by Federasyon, SSS employees contribution as
evidenced by my payslip attached here as Annex A;
4. That, I applied for employees loan, for my personal use,
with the Social Security System in May 2012, but was
rejected, as evidenced by a letter dated May 31, 2012, by
the SSS because there is no record of any contribution.
The said letter from the SSS is here attached as Annex
B;
5. That, coming to my employer for any clarification as to
the matter, he simply dismissed it as an empty complaint
and he has not even made any steps to remedy the
situation;
6. That, my request has fallen to deaf ears and I even wrote

him a letter which was received in June 5, 2012;
7. That, up until now, he continues to deduct SSS employee
contributions other employees, as evidenced by payslips
to other employees of Federasyon, Mr. David Encarnacion
and Ricky Serrano, attached as Annex C;
8. That I have filed a letter with the SSS for the resolution
and assistance regarding the matter. A true and faithful
machine copy of the letter is hereby attached here as
Annex D;
8282 Anti Sexual Violation Act against the said Mark
Reyes, who may be served with subpoena and other
processes of this Honorable Office at his office inside the
Barber Shop premises at Federasyon Barber Shop of No.
100 Quiricada Street, City of Manila, Philippines;
this 10th day of October, 2012 at the City of Manila,
Philippines.
PEDRA SANTOS
Affiant-Complainant
Certificate No. 987654321 issued on October 10 2012, at the
City of Manila.
CERTIFICATION

ALFREDO DE OCAMPO

(Counter-Affidavit)

City of Manila
) s.s.
COUNTER AFFIDAVIT
I, Mark Reyes, of legal age, single, Filipino and with
resident address at, 2345 Soler St. Manila, Philippines, after
having been duly sworn in accordance with law, do hereby
depose and state, that:
(1) I was charged with violation of Republic Act No. 8282
Social
Security
Act
of
1997,
by
the
private-
complainant;
(2) However, I have faithfully remitted all the required
employees contribution to the SSS as evidenced by
official receipts I received from the SSS, attached
here as Annex 1;
(3) That, I do not know why the SSS has been rejecting
her repeated request for loan because of the said
reason;
(4) That, The private complainant was forced to file this
serve.
Manila, 30th October 2012

Mark Reyes
Respondent-Affiant
Manila, this 30th day of October 2012 by Mark Reyes with
October 30, 2012.
Notary Public
December 31, 2012
Doc No. __________;
Page No. _________;
Book No. _________;
Series of 2012.
Copy Furnished:
Pedra Santos
Private-Complainant
69 Mendiola St.,
Manila, Philippines

(Resolution)

City of Manila
Pedra Santos,
Complainant,
- versus -
I.S. No. 23456

Mark Reyes,
Respondent.
x----------------------------x
RESOLUTION
SUBMITTED for resolution is a complaint for violation
Republic Act No. 8282 allegedly committed during the October
1, 2012, at Manila, supported by the sworn statement of the
complainant and photocopies of the police report of the
incident.
In his sworn statement, the complainant alleges that the
respondent has not been remitting any of her contributions
with the SSS thus leading to her rejection for loan.
act and the complainant was merely asked to answer mere
queries about her background and that there was 2 other

students at the time of signing.
sufficient cause to hold the respondent MARK REYES for
VIOLATION of Republic Act No. 8282.
ALFREDO DE OCAMPO
APPROVED:
MARIENELL FORTUNO
City Prosecutor

(Information)

Plaintiff,
- versus Mark Reyes,
Defendant.
x-----------------------------------x
INFORMATION
Manila, upon prior written authority of the City Prosecutor,
Marienell Fortuno, accuses MARK REYES of crime punishable
under Republic Act No. 8282, committed as follows:
of Manila, Philippines, and within the jurisdiction of this
Honorable Court, the said accused, actuated by lust, did then
and there willfully, unlawfully and feloniously commit violation
of Republic Act No. 8282 on the person of Pedra Santos, as her
Barber Shops sole proprietor, by requiring her to grab her
breast and allow him to touch and massage her back as a
requisite for her graduation clearance.
Contrary to law.
ALFREDO DE OCAMPO
BAIL RECOMMENDED:
Php 50,000.
MARIENELL FORTUNO
City Prosecutor


City of Manila
) s.s.
I, PEDRA SANTOS, of legal age, single, Filipino, and
residing at 300 Masangkay St. Manila, Philippines, after
having been sworn to in accordance with law, depose and says
that:
1. I am the Private Complainant in Criminal Case No. E456-789 for VIOLATION OF REPUBLIC ACT NO.
8282, entitled People of the Philippines vs. MARK
REYES, which is now pending before the Metropolitan
Trial Court, National Capital Judicial Region, Manila,
Branch 001;
honestly believe that, I actually given consent to the act
in question and that I previously misapprehend the
facts surrounding the event due to the social
implications it might give rise to;

this 20th day of October 2012, in the City of Manila.
PEDRA SANTOS
Affiant
Manila, this 20th day of October 2012 by Pedra Santos with
September 17, 2012.

Notary Public
December 31, 2012
Roll: E566789
IBP:678796
PTR:1234890
MCLE:Y6897636
Doc. No. _________;
Page No. _________;
Book No. ________;
Series of 2012.


Plaintiff,
Defendant.
x-----------------------------------x
MOTION TO ALOW ACCUSED TO POST BAIL
COMES NOW accused MARK REYES, through the
commission of the violation of Republic Act No. 8282;
strong;
courts discretion.

LOURENA A. BUNDAC
Roll: 225245
IBP O.R.8765
PTR O.R.34567
MCLE:987634
Notice of Hearing
Marienell Fortuno
City Prosecutor
Manila
Greetings:
of the court.
LOURENA A. BUNDAC
Manila
Received by:


Plaintiff,
Defendant.
x-----------------------------------x
Accused
MARK
REYES,
through
the
undersigned

Php 50,000.00
WHEREFORE, the accused MARK REYES respectfully
5,000.00 or such amount as the court sees just in accordance
with the circumstances thus presented.

LOURENA A. BUNDAC
Roll: 225245
IBP O.R.8765
PTR O.R.34567
MCLE:987634
Notice of Hearing
Marienell Fortuno
City Prosecutor
Manila
Greetings:
of the court.
LOURENA A. BUNDAC
Manila
Received by:


Plaintiff,
Defendant.
x-----------------------------------x
COMES NOW accused MARK REYES and respectfully
alleges:
commission of the offense of violation of Social Security
Act of 1997;
hereby binds herself, pending final decision of the aboveentitled case, to appear before the court when so
ordered ;

accept the authority of LOURENA A. BUNDAC in whose
respectfully
prayed
that
the
defendant
be
released
on
recognizance.
MARK REYES
Accused
Notice of Hearing
Marienell Fortuno
City Prosecutor
Manila
Greetings:
of the court.
LOURENA A. BUNDAC
Manila
Received by:


Plaintiff,
Defendant.
x-----------------------------------x
MOTION TO QUASH
Accused MARK REYES,
through
the
undersigned

offense of violation of Social Security Act of 1997
Republic Act No. 8282 committed against Pedra Santos.
this case.
oficio.
LOURENA A. BUNDAC
Roll: 225245
IBP O.R.8765
PTR O.R.34567
MCLE:987634
Notice of Hearing
Marienell Fortuno
City Prosecutor
Manila
Greetings:
of the court.
LOURENA A. BUNDAC
Counsel for Accused
Manila
Received by:


Plaintiff,
Defendant.
x-----------------------------------x
Accused
MARK
REYES,
through
the
undersigned

offense of violation of Republic Act No. 8282 committed
against Pedra Santos.
this case.

WHEREFORE,
it
is
respectfully
prayed
that
this

herein accused.
LOURENA A. BUNDAC
Roll: 225245
IBP O.R.8765
PTR O.R.34567
MCLE:987634
Notice of Hearing
Marienell Fortuno
City Prosecutor
Manila
Greetings:
of the court.
LOURENA A. BUNDAC
Counsel for Accused
Manila
Received by:


Plaintiff,
Defendant.
x-----------------------------------x
The undersigned City Prosecutor of Manila respectfully
alleges that:


accused.
Marienell Fortuno
City Prosecutor
Notice of Hearing
LOURENA A. BUNDAC
Manila
Greetings:
of the court.
Manila, Philippines. October 20, 2012.
MARIENELL FORTUNO
City Prosecutor
City of Manila
Received by:
____________________


Plaintiff,
Defendant.
x-----------------------------------x
Accused
MARK
REYES,
through
the
undersigned

crime of Violation of Social Security Act of 1997
committed against Pedra Santos;
this case;
WHEREFORE,
it
is
respectfully
prayed
that
this

the herein accused.
LOURENA A. BUNDAC
Roll: 225245
IBP O.R.8765
PTR O.R.34567
MCLE:987634
Notice of Hearing
Marienell Fortuno
City Prosecutor
Manila
Greetings:
of the court.
LOURENA A. BUNDAC
Counsel for Accused
Manila
Received by:

(Pre-Trial Brief)

Plaintiff,
Defendant.
x-----------------------------------x
PRE-TRIAL BRIEF
UNDERSIGNED
Assistant
City
Prosecutor
hereby

Criminal
Procedure,
and
sub-paragraph
number
of


application of the provisions of the Republic Act No. 8282, on
the following circumstances, to wit:
That on or about May 26, 2012, in the City of
violations of Social Security Act of 1997 on the
person of Pedra Santos, as sole proprietor of the
Barber Shop, has failed to remit to the SSS
employees contribution which led to the rejection of
Ms. Kilays loan application with the SSS.
PLEA BARGAINING
agreement.
I. JURISDICTION:
III-A. That, Ms. Kilay has filed a loan application with
the SSS, and was subsequently denied because on
SSSs records, her company has not remitted any of

her contributions in Annex B;
III-B. That, Ms. Kilay has been deducted by company
with SSS contribution as evidenced by her payslips in
Annex A along with other employees in Annex C
III-C. That, Ms. Kilay has demanded Mr. Bongolan to
resolve the matter with the SSS as evidenced by a
letter in Annex D;
III-D That, Mr. Bongolan has been religiously and
faithfully remitting the contributions to the SSS as
evidenced by official receipts in Annex 1;

EXHIBIT A --- Ms. Kilays payslips with SSS
deductions;
EXHIBIT B --- Denial of SSS of loan
EXHIBIT C --- Payslips of other employees
EXHIBIT D --- Letter of demand to Mr.
Bongolan
1. Pedra Santos, the private offended party;
ISSUES

accused:
violation of Republic Act No 7877 Social Security Act of
1997.
ALFREDO DE OCAMPO
LOURENA A. BUNDAC
Counsel for the accused, Manila.


Plaintiff,
Defendant.
x-----------------------------------x
EXHIBIT A --- Ms. Kilays payslips with SSS
deductions;
EXHIBIT B --- Denial of SSS of loan
EXHIBIT C --- Payslips of other employees
EXHIBIT D --- Letter of demand to Mr.
Bongolan
given by witness Pedra Santos (private offended party).

identical purpose of showing that on October 1, 2012, at
Federasyon Barber Shop in Quiricada , Manila, Philippines, the
accused performed acts complained of on the person of the
complainant without the latters consent.
MARIENELL FORTUNO
Copy furnished:
LOURENA A. BUNDAC,
VIOLATION OF ANTI-HAZING LAW


Makati City
) s.s.
COMPLAINT-AFFIDAVIT
I, Juanita Dela Cruz, Filipino, 19, Female, single, and a
resident of 250 Gil Puyat Extention Pasay City, Philippines,
after being sworn to in accordance with law, depose and state:
1. That I know the person of Mary Santos, who is a
resident
of
No.
69
Reposo
Street,
Makati
City,
Philippines;
2. That sometime on the night of September 10, 2012,
at Starbucks Blue Wave D. Macapagal
Blvd., Pasay
City, Philippines, I met the said Mary Santos, brokered

by Kaka M. Pinya in a recruitment meeting for the
I.M.Boring Sorority of San Miguel University - Makati;
3. That I was taken to her office unit, at Berg and Co.
71F RCBC Tower Ayala Ave, Makati, for my initiation to
join their sorority I.M.Boring Sorority, San Miguel
Chapter at around 10:30PM;
4. That, as part of the initiation, I was to perform oral
sex on her whole maintenance crew, there were 4 men
present;
5. That, only Ms. Berg and the 4 men were present in
the office.
6. That, after knowing the act I was supposed to

perform oral sex, I demanded that I would not proceed
and quit joining the sorority;
7. That, the respondent prevented me from leaving by
having 2 members of the maintenance crew hold both
my hands and feet so as to not be able to run;
8. That, the last two members, opened their trousers
and proceeded to insert their penis into my mouth;
9. That, I was able to break free from their bondage
through the glass door as shown by wounds and
bruises on my wrists and proceeded to run away at
around 11:00 PM;
8049 Anti Hazing Law against the said Mary Santos
and the I.M.Boring Sorority, who may be served with
subpoena and other processes of this Honorable Office
at her office address at Berg and Co. 71F RCBC Tower
Ayala Ave, Makati City, Philippines;
this 12th day of September, 2012 at Makati City, Philippines.
Juanita Dela Cruz
Affiant-Complainant
Makati City.
CERTIFICATION
ALFREDO DE OCAMPO

(Counter-Affidavit)

Makati City
) s.s.
COUNTER-AFFIDAVIT
I, Mary Santos, of legal age, single, Filipino and with
resident address at, 69 Reposo St. Makati City, Philippines,
1. I was charged with violation of Republic Act 8049
Anti Hazing Act, by the private-complainant;
2. However, on the night in question, the fact of the
matter is that the consent on her part to join the
sorority, in fact she attended the sorority function
that night in Starbucks Blue Wave in D. Macapagal
Ave. Pasay City and in my office in Berg and Co. in
RCBC Tower, Makati;
3. She was accompanied by 2 members of the sorority
one Bettina Balda and Carla Pila to serve and
comply with mere informative queries about their
backgrounds and intentions in joining our sorority
and at any time was never restrained nor forced
from performing oral sex on any maintenance crew
of the building;
4. The private complainant was forced to file this

serve.
Makati City, 30th October 2012
Mary Santos
Respondent-Affiant
Makati, this 30th day of October 2012 by Mary Santos with
Residence Certificate No. 00123457 issued at Makati City, on
October 30, 2012.
Atty. Mon Del Rosario
Notary Public
Doc No. __________;
Page No. _________;
Book No. _________;
Series of 2012.
Copy Furnished:
Juanita Dela Cruz
250 Gil Puyat Extention, Pasay City, Philippines

(Resolution)

Makati City
Juanita Dela Cruz,
Complainant,
I.S. No. 123456
For: Violation of R.A. 8049
- versus Mary Santos,

Respondent.
x-------------------------------x
RESOLUTION
Sec. 4 Republic Act No. 8049 allegedly committed during the
September 15, 2012, at Makati City, supported by the sworn
statement of the complainant and photocopies of the police
report of the incident.
respondent alone forced her to perform oral sex on 4 men as
part of her service for membership to her sorority I.M.Boring
Sorority and refused to let her go when she changed her mind
in refusing to go through with the initiation.

act and the complainant was merely asked to answer mere
queries
about
her
background
and
that
there
was
representatives of the sorority Bettina Balda and Carla Pila

present the whole time.
that the lewd act was performed against the complainant
without the latters consent. The hurried escape of the
complainant through the glass door and the wounds and
bruises of the complainant hands indicates guilt on the part of
the respondent.
sufficient cause to hold the respondent MARY SANTOS for
VIOLATION of Section 4 of Republic Act No. 8049.
ALFREDO DE OCAMPO
APPROVED:
MARIENELL FORTUNO
City Prosecutor

(Information)

Makati City
Plaintiff,

Defendant.
x---------------------------------x
INFORMATION
Makati, upon prior written authority of the City Prosecutor ,
Alfredo De Ocampo, accuses MARY SANTOS of violation of
Republic Act 8049 committed as follows:
That on or about the 10th day of September, 2012, in the
City of Makati, Philippines, and within the jurisdiction of this
Honorable Court, the said accused did then and there willfully,
unlawfully and feloniously commit acts punishable under
Republic Act 8049, Section 4.
1) By ordering her perform oral sex on 4 members of
the maintenance crew of Ms. Mary Santos
2) By refusing to let Ms. Juanita Dela Cruz go after

she has declined to proceed with the initiation after
initially applied to join
3) As well as not having the required number of
representatives of the school nor the organization in
performing the service or membership requirement
ALFREDO DE OCAMPO
BAIL RECOMMENDED:
Php 50,000.
ALFREDO DE OCAMPO


Makati City
) s.s.
I, JUANITA DELA CRUZ, of legal age, single, Filipino,
and residing at 250 Gil Puyat Extn, Pasay City, Philippines,
says that:
1. I am the Private Complainant in Criminal Case No. E123-457 for VIOLATION OF SECTION 4 OF
REPUBLIC ACT NO. 8049, entitled People of the
Philippines vs. MARY SANTOS, which is now pending
before the Metropolitan Trial Court, National Capital
Judicial Region, Makati City, Branch 07;
honestly believe that, I actually given consent to the
act in question and that I previously misapprehend the
facts surrounding the event due to the social
implications it might give rise to;

this 20th day of October 2012, in the City of Makati.
JUANITA DELA CRUZ

Affiant
Makati, this 20th day of October 2012 by Juanita Dela Cruz
with Residence Certificate No. 0987654321 issued at Makati
City, on September 17, 2012.
Sarah Casin
Notary Public
December 31, 2012
Roll:68678686
IBP:45646546
PTR: 46464646
MCLE:6785756
Doc. No. _________;
Page No. _________;
Book No. ________;
Series of 2012.


Makati City
Plaintiff,

Defendant.
x---------------------------------x

COMES NOW accused MARY SANTOS, through the
commission of the violation of Republic Act 8049;
strong;
courts discretion.

October 30, 2012. Makati City
LOURENA A. BUNDAC
Roll: 12353343
IBP O.R.123413
PTR O.R.12313
MCLE:121313
Notice of Hearing
Marienell Fortuno
City Prosecutor
Makati City
Greetings:
of the court.
Makati, Philippines. October 20, 2012
LOURENA A. BUNDAC
Makati City
Received by:
Lourena A. Bundac


Makati City
Plaintiff,

Defendant.
x---------------------------------x

Accused
MARY
SANTOS,
through
the
undersigned

Php 50,000.00
WHEREFORE, the accused MARY SANTOS respectfully
5,000.00 or such amount as the court sees just in accordance
with the circumstances thus presented.
LOURENA A. BUNDAC
Roll: 12353343
IBP O.R.123413
PTR O.R.12313
MCLE:121313
Notice of Hearing
Marienell Fortuno
City Prosecutor
Makati City
Greetings:
of the court.
LOURENA A. BUNDAC
Makati City
Received by:
Lourena A. Bundac


Makati City
Plaintiff,

Defendant.
x---------------------------------x

COMES NOW accused MARY SANTOS and respectfully
alleges:
commission of the offense of violation of Anti Hazing Act;
hereby binds herself, pending final decision of the aboveentitled case, to appear before the court when so
ordered ;
3. That the undersigned hereby further binds herself to

accept the authority of Tata Y. Nya in whose custody he
respectfully
prayed
that
the
defendant
be
released
on
recognizance.
MARY SANTOS
Accused
Notice of Hearing
Marienell Fortuno
City Prosecutor
Makati City
Greetings:
of the court.
LOURENA A. BUNDAC
Makati City
Received by:


Makati City
Plaintiff,
Defendant.
x---------------------------------x
MOTION TO QUASH
Accused
MARY
SANTOS,
through
the
undersigned

offense of violation of Anti Hazing Act Republic Act 8049
committed against Juanita Dela Cruz.
this case.
oficio.
LOURENA A. BUNDAC
Roll: 12353343
IBP O.R.123413
PTR O.R.12313
MCLE:121313
Notice of Hearing
Marienell Fortuno
City Prosecutor
Makati City
Greetings:
of the court.
LOURENA A. BUNDAC
Makati City
Received by:
Lourena A. Bundac


Makati City
Plaintiff,

Defendant.
x---------------------------------x

Accused
MARY
SANTOS,
through
the
undersigned

offense of violation of Sec. 4 of Republic Act 8049
committed against Juanita Dela Cruz.
this case.

WHEREFORE,
it
is
respectfully
prayed
that
this

herein accused.
LOURENA A. BUNDAC
Roll: 12353343
IBP O.R.123413
PTR O.R.12313
MCLE:121313
Notice of Hearing
Marienell Fortuno
City Prosecutor
Makati City
Greetings:
of the court.
LOURENA A. BUNDAC
Counsel for Accused
Makati City
Received by:


Makati City
Plaintiff,

Defendant.
x---------------------------------x

alleges that:

justice;
poses a danger to the society within her locality.
accused.
Marienell Fortuno
City Prosecutor
NOTICE OF HEARING
LOURENA A. BUNDAC
Makati City
Greetings:
of the court.
Alfredo De Ocampo
City Prosecutor
Makati City
Received by:
LOURENA A. BUNDAC


Makati City
Plaintiff,

Defendant.
x---------------------------------x

Accused MARY SANTOS, through the undersigned
crime of Violation of Anti Hazing Act committed against
Juanita Dela Cruz;
this case;
WHEREFORE,
it
is
respectfully
prayed
that
this

the herein accused.
LOURENA A. BUNDAC
Roll: 098765
IBP O.R.3456789
PTR O.R.368096345
MCLE:4545674879
:
Notice of Hearing
Marienell Fortuno
City Prosecutor
Makati City
Greetings:
of the court.
LOURENA A. BUNDAC
Counsel for Accused
Makati City
Received by:
Lourena A. Bundac

(Pre-Trial Brief)

Makati City
Plaintiff,
Defendant.
x---------------------------------x
PRE-TRIAL BRIEF
UNDERSIGNED
Assistant
City
Prosecutor
hereby

Criminal
Procedure,
and
sub-paragraph
number
of

application of the provisions of the Republic Act 8049 (Sec. 4),
on the following circumstances, to wit:
That on or about the 15th day of September, 2012, in

the City of Makati, Philippines, and within the
feloniously commit violations of Anti Hazing Act on
the person of Juanita Dela Cruz by ordering her
against her will to perform oral sex on 4 members of
the accuseds maintenance crew, refusing to let her
go initially having consented to joining I.M.Boring
Sorority and not having the required number of
school or organization representatives present in the
performance of such activities.
PLEA BARGAINING
agreement.
I. JURISDICTION:
III. FACTS OF THE CASE:
III-A. That sometime on the night of September 15,

2012, at Berg and Co. 7F RCBC Tower Ayala Ave.
Makati City, Philippines, the said Mary Santos was
with Ms. Juanita Dela Cruz for the performance of the
service to join the I.M.Boring Sorority at around 10:30
PM that night;
III-B. That somehow Ms. Ubog refused to join the
sorority after having initially admitted to joining
III-C. That, Ms. Ubog left the building at around 11:00 PM
that same night;
1. Juanita Dela Cruz, the private offended party;
ISSUES
accused:
constitute violation of Section 4 of Republic Act No
8049 Anti Hazing Act.
ALFREDO DE OCAMPO
LOURENA A. BUNDAC
Makati City


Makati City
Plaintiff,
- versus -

Mary Santos,
Defendant.
x---------------------------------x
EXHIBIT A ---
A true and faithful
machine
reproduction of the police report of the incident.

given by witness Juanita Dela Cruz (private offended party).
Exhibit A with all its respective sub-markings, together with the
testimony of said witnesses, are offered for the identical
purpose of showing that on September 15, 2012, at Berg and
Co. Offices in 7F RCBC Bldg,
Ayala Ave, Makati City,
person of the complainant without the latters consent.
Furthermore, the prosecution respectfully manifests that all of
the afore-described exhibits/evidence for the prosecution have
been submitted to custody of the Honorable Court.
ALFREDO DE OCAMPO
Copy furnished:
LOURENA A. BUNDAC,
Counsel for the Accused.

Advance Legal Writing

Diunggah oleh

Informasi Dokumen

Hak Cipta

Format Tersedia

Bagikan dokumen Ini

Bagikan atau Tanam Dokumen

Opsi Berbagi

Apakah menurut Anda dokumen ini bermanfaat?

Apakah konten ini tidak pantas?

Hak Cipta:

Format Tersedia

Advance Legal Writing

Diunggah oleh

Hak Cipta:

Format Tersedia

Legal

Dean Porfirio DG Panganiban, Jr.

FRIENDLY DEMAND LETTER

I spend my all my weekends at the beach. I am getting a

Peter Paul O. Calusa

communities. Unlike many poverty alleviation initiatives, all of

Peter Paul O. Calusa