Republic of the Philippines

MUNICIPAL TRIAL COURT

Catarman, Northern Samar
-o0o-

MARIA MAKILING
Plaintiff,

-versus- Criminal Case No. _______

For: Direct Assault

PEDRO SANTOS
Accused.
x------------------------------x

INFORMATION

The undersigned, provincial prosecutor, accuses Pedro Santos of the crime of assault upon

a person in authority committed as follows:

That on or about July 30, 2018, in the Municipality of Catarman, Northern Samar,

Philippines, the said accused, Pedro Santos, being a pupil of the teacher Maria Makiling, did then

and there willfully, unlawfully and criminally attack and lay hands upon her person, to wit:

slapped said Maria Makiling on one of her cheeks, while she was engaged in the performance of

her duties as such teacher and while she was within the premises of the college building exercising

the functions inherent in such capacity.

Contrary to law.

(sgd.) EBONNY ROSE B. ODOSIS

Assistant City Prosecutor

CERTIFICATION OF PRELIMINARY INVESTIGATION/OR CONDUCT OF

INQUEST

I hereby certify that the accused was lawfully arrested without warrant of arrest and that,

upon being informed of his rights, refused to waive the provisions of Article 148 of the Revised

Penal Code and, for this reason, an Inquest was conducted; that based on the complaint and

evidence presented before me without any countervailing evidence submitted by the accused,

despite opportunity to do so, there is reasonable ground to believe that the accused has committed

the crime of direct assault and should, thus, be held for said crime; that this Information was with

the prior authority of the City Prosecutor.

 (Sgd.) EBONNY ROSE B. ODOSIS
Assistant City Prosecutor

SUBSRIBED AND SWORN to before me this 29th day of August, 2018 in Catarman,

Northern Samar.

(sgd.) EBONNY ROSE B. ODOSIS

Assistant City Prosecutor

Approved:

(sgd.) ATTY. AL CAPONES

Provincial /City Prosecutor

WITNESSES:

Andres Tamad
Catarman, Northern Samar

BAIL RECOMMENDED:
P50,000.00
 Republic of the Philippines )
Catarman, Northern Samar ) s.s.

COUNTER-AFFIDAVIT

I, Pedro Santos, of legal age, single, and a resident of Zone 3, Mendiola St., Hillside Drive,

UEP, Catarman, Northern Samar, under oath declare that:

1. I recently learned that I have made a respondent in Criminal Case No. ____, a

charge for direct assault, filed by certain Maria Makiling on 29th day of August

2018 before the Office of the Provincial/City Prosecutor.

2. The charge is based on a crime of assault upon a person in authority.

3. There is no truth to the allegations in Maria Makiling’s complaint. There is no

factual nor legal basis to charge me with the crime of assault. The complaint must

be dismissed.

4. It is certainly incomprehensible that I should stand accused of the crime of

assault. I performed no act of attacking, employing force, or seriously

intimidating or resisting any person in authority while engaged in the

performance of official duties.

5. Considering the foregoing, I respectfully submit that there is no prima facie basis

to conclude that the crime of direct assault or that any crime at all has been

committed. The complaint against me should, thus, be dismissed.

TO THE TRUTH OF THE FOREGOING, I have signed this statement on 29 th day

of August 2018.

(sgd.) PEDRO SANTOS

Affiant
 VERIFICATION AND CERTIFICATION OF NON FORUM SHOPPING

I, Pedro Santos, of legal age and a resident of Zone 3, Mendiola St., UEP,Catarman,

Northern Samar, under oath declare that:

1. I am the accused in above-entitled case;

2. I have caused the preparation of this complaint; and

3. I have read it and its contents are true and correct of my personal knowledge and/or

based on the authentic records; and

4. I have not earlier commenced a similar action against the defendant for the same cause

with any other court, tribunal or quasi-judicial agency and, to the best of my knowledge,

no such action or proceeding is pending with any other court, tribunal or quasi-judicial

agency; and if I should learn that a similar action or proceeding has been filed or is

pending before any other court, tribunal or quasi-judicial agency, I hereby undertake to

notify this Honorable Court within five (5) days from such notice.

JURAT
SUBSCRIBED AND SWORN to before me, in Catarman, Northern Samar, this 29th day
of August, 2018, with Driver’s License No. 123456 issued by the Land Transportation Office on
July 30, 2018 at Catarman, Northern Samar.

ATTY, EBONNY ROSE B. ODOSIS

Notary Public
Catarman, Northern Samar
IBP No. 123456: 08/08/19
PTR No. 123456: 08/08/19
Roll No. 123456: 08/08/18
MCLE No. 8895: 09/09/18

Doc. No. 10
Page No. 4
BOOK No. V
Series 0f 2018
 Republic of the Philippines
MUNICIPAL TRIAL COURT
Catarman, Northern Samar
-o0o-

MARIA MAKILING
Plaintiff,

-versus- Criminal Case No. _______

For: Direct Assault

PEDRO SANTOS
Accused.
x------------------------------x

JUDICIAL AFFIDAVIT OF ANDRES TAMAD

I, Andres Tamad, 20 years old, single, residing in Catarman, Northern Samar, after having

been sworn to in accordance with the law do hereby depose and state:

That Atty, EBONNY ROSE B. ODOSIS is the counsel who conducted and supervised my

examination as a witness at her office at Door 8, Maharlika Bldg., Casoy Street, Catarman,

Northern Samar, Philippines;

That I am answering the questions herein fully conscious that I do so under oath and that I

may be criminally liable for false testimony or perjury.

Questions were propounded by plaintiff’s counsel, Atty, EBONNY ROSE B. ODOSIS, in

English, which the affiant fully understands. The answers made by the witness were either given

in English, Tagalog or Waray dialect and the corresponding translation of his answer is provided

after each answer not in English.

Q1: Do you swear to tell the truth and nothing but the truth?

A1: Yes, Atty.