Beruflich Dokumente
Kultur Dokumente
City of Zamboanga............}
x--------------------------------x
AFFIDAVIT OF COMPLAINANT
I, Mohammad Antao, of legal age, married, Filipino, and a resident of Star St., Tumaga.
Zamboanga City, after having been sworn to in accordance, depose and say:
1.
That I am the duly-appointed Regional Director of the Department of Public Works and
Highways Regional Office - IX;
2. That on January 15, 2014, on or about on or about 10:30 a.m., Security Officer Al-Rashid
Siraji went to my office and started maligning me and uttered slanderous, malicious, and
defamatory words against my person in this wise: MARU! KAWATAN! BOBO! (SLY!
THIEF! STUPID!);
3.
That I was checking his performance and reminded him that poor performance will be
ground to terminate his employment;
4.
That his utterance is heard by Normilyn Miralpes, Maida Ismael and some employees
outside my office;
5. That because of these slanderous and defamatory words, I felt belittled, ashamed and my
reputation was tarnished and felt serious anxiety. Much more I felt severely humiliated in front of
the employees who might lose respect and due regard to me, their Regional Director.
6.
That I execute this affidavit freely and voluntarily in order to give my true and faithful
account of the acts and committed against my person and to file a criminal complaint against AlRhasid Siraji
AFFIANT FURTHER SAYENTH NAUGHT
Mohammad Antao
Affiant
IN WITNESS WHEREOF I have hereunto set my hand and affixed my signature this 18 th day
of January, 2014 at Zamboanga City, Philippines.
MELCA QUIPSE
STATE PROSECUTOR II
CERTIFICATION
This is to certify that I personally examined the herein affiant and that I am fully satisfied that he
voluntarily executed and understood his affidavit.
MELCA QUIPSE
STATE PROSECUTOR II
AFFIDAVIT
I, Normilyn Miralpes, of legal age, married, Filipino, and a resident of Zone 1,
Zambowood, Zamboanga City, after been sworn to in accordance, depose and say:
1. That I was in the office of the Regional Director, on or about 10:30 oclock in the morning;
2.
That I was talking to Dir. Mohammad Antao when the Security Officer Al-Rashid Siraji
arrived and verbally confronted Dir. Antao;
3. That without warning, he verbally assaulted the Director in my presence and shouted at the
Director in this wise: MARU! KAWATAN! BOBO!(SLY! THIEF! STUPID!);
4. That I was shocked to witness that Al-Rashid Siraji lost all due respect and regard to our
Regional Director by the way how he treated the latter;
5.
That I execute this affidavit freely and voluntarily in order to give my true and faithful
account of the acts and committed against the person Regional Director Mohammad Antao.
AFFIANT FURTHER SAYETH NAUGHT.
Normilyn Miralpes
Affiant
IN WITNESS WHEREOF I have hereunto set my hand and my signature this 18 th day of
January 2014 at Zamboanga City, Philippines.
MELCA QUIPSE
STATE PROSECUTOR II
CERTIFICATION
This is to certify that I personally examined the herein affiant and that I am fully satisfied that he
voluntarily executed and understood his affidavit.
MELCA QUIPSE
STATE PROSECUTOR II
AFFIDAVIT
I, Maida Ismael, of legal age, single, Filipino, and a resident of Estrada St., Tetuan,
Zamboanga City, after been sworn to in accordance, depose and say:
1. That I am the Secretary of the Regional Director of the Department of Public Works and
Highways;
2. That I was in the office of the Regional Director, on or about 10:00 oclock in the morning,
encoding some important documents.
3. That around 10:30 a.m. when Security Officer Al-Rashid Siraji went to the office of Dir.
Mohammad Antao;
4. That he immediately confronted the Director Mohammad Antao on why he was being told
since he is not even a part of the Department where Siraji was working;
5.
The without warning that he verbally assaulted Director Antao in this wise MARU!
KAWATAN! BOBO! (SLY! THIEF! STUPID!)
6. That I was shocked to witness that Al-Rashid Siraji lost all due respect and regard to our
Regional Director by the way how he treated the latter;
7.
That I execute this affidavit freely and voluntarily in order to give my true and faithful
account of the acts and committed against the person of the Regional Director Mohammad
Antao.
AFFIANT FURTHER SAYETH NAUGHT.
Maida Ismael
Affiant
IN WITNESS WHEREOF I have hereunto set my hand and my signature this 18th day of
January, 2014 at Zamboanga City, Philippines.
MELCA QUIPSE
STATE PROSECUTOR II
CERTIFICATION
This is to certify that I personally examined the herein affiant and that I am fully satisfied that he
voluntarily executed and understood his affidavit.
MELCA QUIPSE
STATE PROSECUTOR II
15,
2014
PS6
CASE REPORT
CASE
COMPLAINANT
SUBJECT
WITNESSES
____________________________________________________________________________
Reference: Complaint Assignment Sheet No. 5678
On January 15, 2014 at about 7:30 in the evening, Mohammad Antao, Regional Director of DPWH Regional Office
IX appeared to this office and lodged a complaint against Al-Rashid Siraji, Security Officer at DPWH Regional Office
IX, of legal age, married, a resident of Cabatangan, Zamboanga City, that on or about 10:30 in the morning of
January 15, 2014, the latter uttered unpleasant words quote in this wise: MARU, KAWATAN, AND BOBO, which
when translated in English language mean more or less: SLY, THIEF, STUPID after the former confronted the
accused because of his poor performance in the office.
After receipt of this complaint, this investigator requested the appearance of herein respondent for confrontation for
possible reconciliation in this office which was scheduled on January 17, 2014 at 10 oclock in the morning, but herein
respondent failed to come, whereby he informed this office thru telephone that he had an important matter to attend
to. However, complainant appeared before this office bringing along with him a prepared affidavit including the
affidavits of his two (2) witnesses which were subscribed before Melca Quipse, State Prosecutor II, January 15, 2014.
Complainant eagerly manifested his desire to elevate the case in any court of law without having yet going through
the process of Exhaustion of remedy or observing the compliance mandated under RA 7160 (otherwise known as the
Local Government Code).
The foregoing facts in this instant case as asserted by complainant Mohammad Antao in his oath affidavit date
January 15, 2014, before Melca Quipse,, State Prosecutor II of Zamboanga City, that on or about 10:30 in the
morning, the Security Officer Al-Rashid Siraji went to his office and started maligning him and uttered malicious,
slanderous, and defamatory words which quoted in this wise: MARU, KAWATAN, BOBO!. When interpreted or
translated in English language mean more or less SLY, THIEF, STUPID. The incident happened where herein
complainant confronted the latter.
The said incident was heard by Normilyn Miralpes and Maida Ismael who likewise substantiated and corroborated the
allegations of the complaint. However, this investigator was not to personally interview or jot down the statements of
the witnesses because they did not appear to this station, instead only their prepared affidavits were submitted. The
undersigned investigator recommends this case for further and thorough evaluation.
Prepared by:
Alvir Carabot
-Investigator
Noted by:
RE:
RESOLUTION
This resolves the complaint for Slander filed by complainant Mohammad Antao
against above named respondent.
Complainant, the Regional Director of the Department of Public Works and
Highways Regional Office 9, this city, claims that around 10:30 oclock in the morning of
January 15, 2014, respondent who is the Security Officer of said office went to his office
and started maligning him by uttering the following defamatory words at him: MARU!
KAWATAN! BOBO!(SLY! THIEF! STUPID!). Said utterance was allegedly witnessed
by Normilyn Miralpes and Ismael Maida who in their respective Affidavit corroborate the
claims of the complainant.
The incident occurred within the office of the complainant who is the Regional
Director in the presence of the employees of the said office.
WHEREFORE, finding probable cause, let an Information charging respondent
Al-Rashid Siraji with GRAVE SLANDER be filed in court.
Zamboanga City, Philippines, January 25, 2014.
MELCA QUIPSE
3 Assistant City Prosecutor
rd
RECOMMENDING APPROVAL
ANTONIO ROBERTO JR
1st Assistant City Prosecutor
APPROVED:
RYAN AGUSTIN
City Prosecutor
-versus-
-for-
AL RHASID SIRAJI
GRAVE SLANDER
(Article 358 of the Revised Penal Code)
Accused.
x-----------------------------------x
INFORMATION
The undersigned 3rd Assistant Zamboanga City hereby accuses AL-RASHID
SIRAJI of the crime of GRAVE SLANDER, committed as follows:
That on or about January 15, 2014, in the City of Zamboanga,
Philippines, and within the jurisdiction of this Honorable Court, the abovenamed accused, being then the Security Officer of the Department of
Public Works and Highways R-IX, this city, with the deliberate intent of
bringing on MOHAMMAD ANTAO, who is the Regional Director of the
aforesaid Department, into discredit, disrepute, and contempt, did and
there willfully, unlawfully, and feloniously, publicly speak and utter against
said MOHAMMAD ANTAO, the following words and expressions to wit:
MARU! KAWATAN! BOBO! which if translated in English language will
mean, SLY! THIEF! STUPID!, and other words of similar import and as a
result, said defamatory utterance and expressions caused mental anguish,
serious anxiety, social humiliation and besmirched reputation to his
damage and prejudice.
CONTRARY TO LAW.
Zamboanga City, Philippines, January 25, 2014, 2014.
MELCA QUIPSE
3rd Assistant City Prosecutor
APPROVED
RYAN AGUSTIN
City Prosecutor
Witnesses:
Mohammad Antao Tumaga, Zamboanga City
Normilyn Miralpes - Zambowood, Zamboanga City
Ismael Maida Tetuan, Zamboanga City
BOND: P6,000.00
SARAH ALIJUDDIN
Affiant
WITNESS WHEREOF I have hereunto affixed my signature this 20th day of January,
2014, in the City of Zamboanga, Philippines.
SUBSCRIBED AND SWORN to before me this 20th day of January, 2014, Zamboanga
City, Philippines
MELCA QUIPSE
1st Assistant City Prosecutor
CERTIFICATION
THIS IS TO CERTIFY that I have personally examined the herein affiant and that I am
fully satisfied that he/she voluntarily executed his/her affidavit.
MELCA QUIPSE
1st Assistant City Prosecutor
ALVIR CARABOT
Affiant
WITNESS WHEREOF I have hereunto affixed my signature this 20th day of January,
2014, in the City of Zamboanga, Philippines.
SUBSCRIBED AND SWORN to before me this 20th day of January, 2014, Zamboanga
City, Philippines
MELCA QUIPSE
1st Assistant City Prosecutor
CERTIFICATION
THIS IS TO CERTIFY that I have personally examined the herein affiant and that I am
fully satisfied that he/she voluntarily executed his/her affidavit.
MELCA QUIPSE
AL_RHASID SIRAJI
Affiant
WITNESS WHEREOF I have hereunto affixed my signature this 20th day of January, 2014, in
the City of Zamboanga, Philippines.
SUBSCRIBED AND SWORN to before me this 20th day of January, 2014, Zamboanga
City, Philippines
MELCA QUIPSE
1st Assistant City Prosecutor
CERTIFICATION
THIS IS TO CERTIFY that I have personally examined the herein affiant and that I am
fully satisfied that he/she voluntarily executed his/her affidavit.
MELCA QUIPSE
1st Assistant City Prosecutor
AL RHASID SIRAJI
GRAVE SLANDER
(Article 358 of the Revised
-for-
Accused.
Penal Code)
x-----------------------------------x
WARRANT OF ARREST
TO ANY OFFICER OF THE LAW:
GREETINGS!
You are hereby commanded to arrest Al-Rhasid Siraji who is said to be at
Department of Works and Highway, Tumaga, Zamboanga City, and deliver him to the
nearest police station of jail.
Bail for the temporary liberty of the accused is fixed at Php 6,000php.
This warrant must be executed within ten (10) days from the receipt hereof.
Within ten (10) days after the expiration of such period, the office whom this warrant
was assigned for the execution must make a report to the judge who issued the warrant
and in failure to execute the same shall state the reasons therefore. This warrant of
arrest remains and should be served within ten (10) days and need not be return to the
Judge until the accused is arrested or unless recalled by the Judge. (Rule 113, Sec 4,
1985 Rules on Criminal Procedure)
Given under my hand and seal of the Court, this January 27, 2014, Zamboanga City
Received by:___________________________
Date:__________________________________
Accused:__________________________________________
Arrest on;__________________________________________
________________________________
ARRESTING OFFICER
AL RHASID SIRAJI
GRAVE SLANDER
(Article 358 of the Revised
Accused.
-for-
Penal Code)
x-----------------------------------x
PRE-TRIAL ORDER
During the preliminary conference before the Clerk of Court Pearl Marjorie Vidal
of the Municipal Trial Court in Cities, Branch 2, 9 th Judicial Region, Zamboanga City, the
parties did not reach any settlement.
The following matters transpired:
FOR THE PROSECUTION
Request for stipulation of admission
Jurisdiction of this Court
The words were uttered by the Accused
Documentary evidence for the prosecution:
1. Exhibit A Forwarding Report
2. Exhibit B Complaint Assignment Sheet No. 5678
3. Exhibit C and C-1 Case Report of P03 Alvir Carabot, dated January 15,
2014, consisting of two (2) pages
4. Exhibit D Affidavit of Complainant Mohammad Antao
5. Exhibit E Affidavit of Normilyn Miralpes
6. Exhibit F Affidavit of Maida Ismael ;reservation for additional documentary
evidence
Witnesses for the Prosecution
1. Mohammad Antao
2. Normilyn Miralpes
3. Maida Ismael; with reservation for additional witnesses
Issues for the Prosecution
-Whether or not the accused is liable of violation of Article 358 of the Revised Penal
Code,
-Whether or not the accused are liable to the complainant for damages.
FOR THE DEFENSE
Request for stipulation of admission
The Private Complainant is a Public officer
Acts committed in a public place
Documentary evidence for the defense:
1.Exhibit 1- Counter Affidavit of Al- Rhasid Siraji
2.Exhibit 2 Sworn Affidavit of Sarah Alijuddin
3.Exhibit 3 Sworn Affidavit of Alvir Carabot; with reservation for additional
documentary evidence
Witnesses for the Defense
1. Al- Rhasid Siraji
2. Sarah Alijuddin
3. Alvir G. Carabot; with reservation for additional witnesses
Issues for the Defense:
-Whether or not the Court has jurisdiction to hear the case
In todays pre-trial and confirmation of conference before the Clerk of Court, the
prosecutor confirmed and affirmed the minutes of the preliminary conference before the
Clerk of Court and manifested that he has no additional documents to be marked and
witnesses to be included.
Defense Counsel, also confirmed and affirmed the minutes of the conference
before the Clerk of Court, and also manifested that he has no additional documents to
be marked and witnesses to be included.
The issues to be resolved are 1) Whether or not the accused is liable of violation of
Article 358 of the Revised Penal Code, 2) Whether or not the Court has jurisdiction to
hear the case 3) Whether or not the accused are liable to the complainant for damages.
Upon agreement of the parties, set the presentation of prosecutions evidence on
March 3 and 4, 2014 at 8:30 oclock in the morning.
The reception of defense evidence is scheduled on April 17 and 18, 2014 at 8:30
in the morning.
The prosecution shall be responsible in bringing its witnesses to court. The
accused and the private complainant are notified in open court and waived further
notice. There being no other matters to be taken, todays pre-trial conference is deemed
terminated.
SO ORDERED.
Given this 17th day of February, 2014 at Zamboanga City, Philippines.
Imran pangilinan
Presiding Judge
Copy Furnished:
1. APA Melca Quipse, OCP, ZC ______________
2. Atty. Sherwin Monejo, Tumaga., ZC __________
-versus-
-for-
AL RHASID SIRAJI
Accused.
Code)
x-----------------------------------x
GRAVE SLANDER
(Article 358 of the Revised Penal
MOTION TO QUASH
COMES NOW accused, through the undersigned counsel and unto
this Honorable Court, most respectfully avers: that1. The Information filed should be Quash on the ground that:
a. the facts charged do not constitute an offense;
b. the court trying the case has no jurisdiction over the
offense charged;
c. the officer who filed the information had no authority to do
so;
6.
The Plaintiff is a public official and the accused is an
employee of the Department of Public Works and Highway, adulyorganized government entity;
7.
Since the crime, regardless of being simple or complex, is
under the jurisdiction of the Sandiganbayan, the accused was
2 Villanueva vs People GR No. 160351, April 10, 2006
PRAYER
WHEREFORE, in view of all the foregoing, it is most respectfully
prayed that the information be quashed, and accused be
discharged.
Other relief just and equitable are likewise prayed for.
Respectfully submitted.
January 28, 2014
NOTICE OF HEARING
THE CLERK OF COURT
Regional Trial Court Branch 16
9th Judicial Region
Zamboanga City
GREETINGS:
Please submit the foregoing MOTION TO QUASH for the consideration and
approval of the Honorable Court on February 2, 2014 or immediately upon receipt
hereof.
Thank you for your kind attention.
January 28, 2014, Zamboanga City, Philippines.
Sherwin Montejo
counsel
--oOo-NOTICE OF HEARING
ATTY. MELCA QUIPSE
Counsel for Plaintiff
Hall of Justice, Sta. Barbara
Zamboanga City
GREETINGS:
Kindly take NOTICE that the undersigned will submit the foregoing MOTION TO
QUASH for the consideration and approval of the Honorable Court on February 2, 2014
or immediately upon receipt thereof.
Thank you for your kind attention.
January 28, 2014, Zamboanga City, Philippines
Sherwin Montejo
counsel
Copy furnished:
Atty. Melca Quipse
By:_______________
Date:_____________
-for-
AL RHASID SIRAJI
Accused.
GRAVE SLANDER
(Article 358 of the Revised Penal Code)
x-----------------------------------x
4.3 The Honorable Court did not err to have jurisdiction in this case and
the proper authority to file this case is the prosecutor;
PRAYER
WHEREFORE, it view of all the foregoing, it is most respectfully
prayed that the motion for information be denied.
Other relief just and equitable are likewise prayed for.
Respectfully submitted.
February 2, 2014
NOTICE OF HEARING
THE CLERK OF COURT
Regional Trial Court Branch 16
9th Judicial Region
Zamboanga City
GREETINGS:
Please submit the foregoing OPPOSITION TO MOTION TO QUASH for the
consideration and approval of the Honorable Court immediately upon receipt hereof
sans oral arguments.
Thank you for your kind attention.
January 28, 2014, Zamboanga City, Philippines.
Melca Quipse
counsel
--oOo-NOTICE OF HEARING
ATTY. Sherwin Montejo
Counsel for Accused
Tumaga, Zamboanga City
GREETINGS:
Kindly take NOTICE that the undersigned will submit the foregoing OPPOSITION TO
MOTION TO QUASH for the consideration and approval of the Honorable Court
immediately upon receipt thereof sans oral arguments.
Thank you for your kind attention.
January 28, 2014, Zamboanga City, Philippines
Melca Quipse
counsel
Copy furnished:
Atty. Sherwin Montejo
Counsel for the Accused
Hall of Justice, Sta. Barbara
Zamboanga City
By:_______________
Date:_____________