REPUBLIC OF THE PHILIPPINES

Department of Justice
Office of the City Prosecutor
City of Pasig

Topsy
Plaintiff,
CRIMINAL CASE No.
-versus- FOR: MURDER
Tom
Defendant.

x-----------------------------------x

COMPLAINT AFFIDAVIT

I Topsy, Filipino, 48, female, married, and a resident of Melendrez Compound,Brgy. Caniogan,
Pasig City, Philippines, after being sworn to in accordance with law, depose and state:


The Facts

1. Defendant Tom is our neighbor and a resident of Melendrez Compound,Brgy.

Caniogan, Pasig City, Philippines.

2. Defendant has a long standing feud with my husband, the victim Jerry which started
from a petty quarrel between our children. On the morning of November 29, 2018 they
have another altercation regarding parking lots to be constructed at the compound. The
defendant even shouted at my husband but Jerry ignore Tom

3. On November 29, 2018 at about 11:45 PM I and the victim, Jerry, my husband were
arriving home while approaching the entrance of our compound, we noticed a hooded
man walking rom across the compound. I even adjust the headlight of the car to ensure
that he will see that our car is approaching.

5. I alighted the vehicle and while I was busy removing our belongings from the back of
the vehicle, I heard a multiple gunshots and when I looked I saw the same hooded man
with the same built and height as the defendant holding a gun and was running towards
the dark side of the compound.

6. I then went to the front of the vehicle where I saw my husband bleeding from a gunshot
wound on his chest.
 7. I shouted for help and together with our neighbors we brought my husband to the nearby
hospital where he was pronounced dead on arrival.

8. After attending to my husband, I reported the said incident to the nearest police station.

9. I am therefore executing this affidavit against my neighbor Jerry who may be served
with subpoena and other processes of this Honorable Office at his residence at
Melendrez Compound,Brgy. Caniogan, Pasig City, Philippines.

RELIEF



WHEREFORE, premises considered, it is most respectfully prayed unto this Honorable Court
that, after hearing, judgment be rendered ordering the defendant:



1. To pay moral damages

2. To pay the plaintiff the cost of the suit;

3. Such other relief as the court may deem proper.

Pasig City, December 1, 2018.

Counsel for the Plaintiff

Roll of Attorney No. 43532
IBP No. 12345/2-5-12/Manila
PTR No. 87654/12-22-11/Manila

VERIFICATION/CERTIFICATION OF FORUM SHOPPING

Republic of the Philippines )

City of Manila ) S.S.
I,Topsy, of legal age, Filipino citizen, single and resident of Melendrez Compound,Brgy.
Caniogan,
 Republic of the Philippines
REGIONAL TRIAL COURT
Pasig City
Branch 23

PEOPLE OF THE PHILIPPINES,

Complainant
CriminalCaseNo.19-1234
For: Murder

-versus-

TOM,
Accused

x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x

JUDICIAL AFFIDAVIT
(Pursuant to SC A.M. No.12-8-8-SC)

I, Tigger, of legal age, married, Filipino, and residing at 123 Brgy Caniogan Pasig City,
after having been duly sworn to in accordance with law in answer to the questions asked of me by
Atty. Nerissa Tobilla in her office at Pasig City at 01:00 P.M. fully conscious that I do so under
oath and that I may face criminal liability for false testimony or perjury hereby depose and state:

Q: Please state your name, age, residence, and occupation Ms Witness.

A: Im Tigger, 53 years old, married, teacher, and residing at 150 Melenderes Comp. Pag asa St
Brgy Caniogan Pasig City

Q. In what language do you want your examination to be conducted?

A: I prefer that examination be conducted in English.

Q. Do you know the victim in this case, Jerry?

A. Yes, He was my cousin and neighbor as well.

Q. How about the accused, Tom, do you personally know him?

A. Yes, he is also my neighbor.

Q. How long have been living in the place where you are residing right now?
A. I have been living there for ten years already.

Q. So, where were you on the night of the killing?

A. I was at home.

Q: Can you recall the date and time when the victim has been killed?
A: Yes, it happened on November 29, 2018 at about 11:45 in the evening.
Q. What were you doing on that night?
A. I was sleeping in the sala then when I was awakened by the noise of a car horn’s honk. I
looked outside the window and then I saw a shadow of a person passed by our window.

Q. And what happened then?

A: After a few seconds I heard a gunshots

Q. After you heard the gunshots what happened next?

A. A few seconds after the gunshot, I heard sound of footsteps going to the direction opposite of
where the sound of gunshot came from. Then, I heard a woman screaming the name “Jerry”. Due
to fear, I did not immediately went out of the house to see what happened.

Q. So did you see if who is the one who fired the gun?
A. No, I didn’t. I just overheard the gunshots.

Q. What did you do next?

A. When I was convinced that it was already safe to go outside, I immediately went to the
direction where the sound of gunshots came. There, I saw bloody Jerry in front of their house,
lying on the floor. His wife, Topsy, was there crying.

Q. You said that you heard gunshot, where do you think it came from?
A. It came from the left side of my house.

Q. You also said that you saw a shadow of a person pass by, where did it go?
A. It went to same direction where the sound of gunshots came from.

Q. And who were the residents beside your house?

A. On the right side is Tom’s house and on the left side is Jerry’s and wife Topsy’s house.

Q. Do you happen to know if Jerry had enemies or whether he was in conflict with or in
disagreement with anyone?
A. Yes, my only known enemy of Jerry is Tom, the accused. Tom and Jerry had a long standing
feud. They were not in good terms for as long as I can remember. They were having a fight in the
morning of Nov 29.

Q. What do you know about the accused, Tom? How is he as a neighbor?

A. Tom is an arrogant man. In fact he doesn’t have any friend in our neighborhood.
Q. Do you know if Tom owns a firearm?
A. Yes, I believe that he owns a gun, because I once saw him carrying one.

Q. Aside from your answers to my questions, Is there anything else you would like to add to your
statement?
A. No more.

Q. Is the signature above your printer name in this Affidavit your signature?
A: Yes, that is my signature.

Q: Finally, do you know why you are executing foregoing sworn statement in this case?
A: Yes. I am executing this sworn statement to be adapted as my direct examination in this case
to prove my causes of action for Murder against the accused in the above entitled case.
 IN WITNESS WHEREOF, I hereby affix my signature this __________, in Pasig City.

Tigger
Affiant

ATTESTATION
I hereby attest that on this ________, I have personally examined the witness Tigger, and that I have
faithfully recorded or caused to be recorded the questions asked and the corresponding answers thereto
made by her. I further attest that I, nor any other person herein present, or assisting me, never coached
Tigger regarding her answers.

PasigCity Metro Manila. December, 2018.

ATTY. Nerissa Tobilla

CITY PROSECUTOR
Unit 123 6th Floor, Pasig Hall, Pasig City
PTR No: 7567676(2017)
IBP No.:78786 (2017)
MCLE Compliance No.: II-23344556 (2017)
Roll No.: 1234567

SUBSCRIBED AND SWORN to before me this _______ in Pasig City. Affiant exhibited
to me his identification cards bearing their photograph and signature, as follows:

Name: Issued by/ID No:

________________ SSS ID – No 33-456789-0
________________ tin No. – 345 456 789

known to me to be the same persons who executed the foregoing document.

WITNESS MY HAND AND SEAL on the date and at the place first above-written.

ATTY. ____________________
Notary Public
My Comm. Expires 12-31-19
Roll of Attorney No. 98754
IBP No. 12345/1-12-16/Pasay
PTR No. 45678/11-12-17/Pasay
Doc. No. ________
Page No. _______
Book No. _______
Series of 2019

COPY FURNISHED(Personal Service)

ATTY. ONG
Counsel for Defendant
Unit 123 12th Floor, ABC Building, Makati City
PTR No: 7567676(2017)
IBP No.:78786 (2017)
MCLE Compliance No.: II-23344556 (2017)
Roll No.: 12345
 REPUBLIC OF THE PHILIPPINES
Department of Justice
Office of the City Prosecutor
City of Pasig

Topsy
Plaintiff,

CRIMINAL CASE No.

-versus- FOR: MURDER

Tom
Defendant.

x-----------------------------------x

Witness Affidavit

I Police Officer Spike, Filipino, 21, female, single, and a resident of Kapitagan St,Brgy.
Caniogan, Pasig City, Philippines, after being sworn to in accordance with law, depose and state:

That I a police officer assigned at pcp 3,caniogan pasig city

That on the night of November 29, 2018 at about 11:45 PM I recieved a call that shooting
incident allegedly happened in Melendrez Compound,Brgy. Caniogan, Pasig City, Philippines.

That the when I arrived at the scene of the crime as first responder I saw a man lying covered
with blood and a woman crying besides him.

That later on I learned that the victim was Mr Jerry and the woman crying was his wife Topsy.

That upon arrival at the area, as first responder, I cordoned the area, and call the attention of soco
team and investigator.

That through initial inquiry that there are cctv installed within the parameters I was able to
recovered a footage.

I executed this affidavit to attest the truthfulness of the foregoing facts of my statement are true
and correct.

AFFIANTS SAYETH NAUGHT.

IN WITNESS WHEREOF, I hereunto affixed my signature this 3rd day of December, 2018
at Pasig, Philippines.

Affiant

SUBSCRIBED AND SWORN to before me this 3rd day December, 2018

at Pasig, Philippines.
I HEREBY CERTIFY that I have personally examined the herein affiants and I am satisfied that they
voluntarily executed and understood their given affidavit.

_____________________
Notary Public
 Republic of the Philippines
REGIONAL TRIAL COURT
Pasig City
Branch 23

PEOPLE OF THE PHILIPPINES,

Complainant
CriminalCaseNo.19-1234
For: Murder

-versus-

TOM,
Accused

x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x

JUDICIAL AFFIDAVIT
(Pursuant to SC A.M. No.12-8-8-SC)

BACKGROUND OF THE CASE

Jerry Mouse is a 48 years old married and a resident of Melendres Compound

Caniogan Pasig City who was shot on November 29,2018 at Pasig City

JUDICIAL AFFIDAVIT OF
DR DIGBY

I, DR DIGBY, of legal age; married; living at Unit 666 Megawood Tower

Condominiums, Emerald St., Barangay San Antonio, Pasig City; and the Medico-Legal Officer of
the Eastern Police District Crime Laboratory Satellite Office Meralco Ave.Pasig City witness in
this case, state under oath as follows:

The person examining me is Atty. Glyndores Yepes Bautistalla with address at

Prosecution Hall Pasig , Pasig City, for purposes of executing my judicial affidavit as witness in
this case. The examination was held at the same address. I am answering his questions fully
conscious and aware that I’m executing such under oath and may face criminal liability for false
testimony and perjury.

QUESTIONS were advanced and propounded by counsel, Atty. Glyndores Yepes

Bautistalla in English, while ANSWERS were delivered by witness Dr. Digby, also in English
and the corresponding translation of his answers is provided after each question.
Q: Do you swear to tell the truth and nothing but the truth?

A: I do.

Q: Are you aware that you may face criminal liability for false testimony or perjury if you will
not tell the truth?

A: I`m definitely aware of such consequences.

Q: Please state your complete name, age and occupation.

A: I am Dr. Digby, 50 years old. I am a Medical Doctor and a Medico-Legal Officer.

Q: Dr. Digby, where do you work as a Medico-Legal Officer?

A: I am a Medico-Legal Officer at Eastern Police District Crime Laboratory Satellite Office

Meralco Ave.Pasig City

Q: How long have you been practicing your profession as a Medico-Legal Officer Dr. Digby ?
A: 20 years mam.

Q: What is your job description as a Medico-Legal Officer?

A: I am responsible for examining bodies and cadavers

Q: So, examination of bodies and cadavers and determining the cause of death is a part of your
job?

A: Yes, it is my primary responsibility.

Q: In your capacity as a Medico-Legal Officer of Eastern Police District Crime Laboratory

Satellite Office Meralco Ave.Pasig City how many cadavers have you conducted autopsies Dr.
Digby?

A: If my memory serve me best, around two thousand (1, 000) bodies

Q: Is this your first time to testify as an expert witness?

A: No, this is not my first time.

Q: So how many times have you testified?

A: This is my 53rd time to appear and testify as an expert witness.

Q: So with your 20 years’ experience in the medical profession especially at examining cadavers
and determining their cause of death, you can say with absolute sureness that you are indeed an
expert witness and is very much qualified to testify as to the cause of death of the victim Jerry
Mouse?

A: Yes I am.

DIRECT EXAMINATION PROPER

Q: What were you asked to do in relation to this case?

A: As the medico-legal officer I was asked to examine the cadaver of Jerry Mouse
Q: Where did you examine the victim’s body?

A: I examined the victim’s body at the Eastern Police District Crime Laboratory Satellite Office
Meralco Ave.Pasig City

Q: When did you examine the body?

A: I examine the body on the 30th day of November 2018 at 7 o’clock in the morning .

Q: Who called you in to examine the body?

A: I was called by Chief Superintendent Bato, of Eastern Police Station and he requested that I
examined the body of the victim who was Jerry Mouse

Q: Can you please discuss the examination you conducted on the body?

A: I conducted a post-mortem examination of the body to determine the cause of death.

Q: What were your findings?

A: My findings are as follows:

The body is that of a fairly developed, fairly nourished Filipino male appearing to be
consistent with the reported age of 48 years. The length is 62.5 inches from crown to sole, and the
estimated weight is 130-150 lbs.
There is evidence of a gunshot injury in the thorax:
Gunshot wound making appoint of entry at the upper left back penetrating the skin,
muscle and superficial tissue fracturing the posterior rib, penetrating the upper and lower lobe of
the left lung with recovered deformed slug at the thoracic cavity.
Gunshot wound making a point entry at the left midclavicular line penetrating the skin,
muscle and superficial tissue fracturing the interior lobe. Lacerating the left lung, diaphragm,
spleen, left kidney, stomach, large intestine with metal fragment recovered at peritoneal cavity.
Gunshot wound thru and thru fracturing navicular and metarsal bone making point of exit
the right plantar region

Q: Based on your findings, what in your best knowledge cause the death of the victim?

A: The victim died of Internal Hemorrhage secondary to a Gunshot Wound in the Thorax.

Q: Can you explain to us in layman terms the cause of death for the better understanding of the
court?

A: Bleeding within the heart and lungs.

This type of internal hemorrhage is bleeding within the thorax cavity that usually
progresses rapidly and often results in permanent lung damage and death. Internal thorax cavity
hemorrhage is bleeding in or around the lungs and heart that occurs with high blood pressure or
trauma. The most devastating internal thorax hemorrhages are those that occur in the lungs near
the heart, which controls respiration and other vital functions.
The bleeding fills the lungs area very rapidly, compressing thorax cavity. This often lead
to death.

Q: So based on your findings, the victim died because he was shot to the Chest that caused the
Internal Thorax Hemorrhage?
A: Yes.

Q: Doctor, are you the one who prepared, issued and signed this Medico-Legal Certificate?

A: Yes.

(Identification of the Medico-Legal Certificate)

(Request for the marking of the certificate as Exhibit )

Q: Do you attest to the truthfulness of your statements and allegations in this Judicial Affidavit?

A: Yes.

IN WITNESS WHEREOF, I have hereunto set my hand this 3rd Day of December 2018 at Pasig
Hall, Pasig City.

DR DIGBY, MD
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, a notary public in and for Pasig this 3rd Day
of December 2018. Affiant personally came and satisfactorily proven his identity with license id
issued on May 5, 1992 by the Professional Regulation Commission on the 2nd Day of December
2018 at my office located at Pasig Hall, Pasig City. bearing his photograph and signature, known
to me as the same person who personally signed the foregoing instrument before me and avowed
under penalty of law to the whole truth of the contents of said instrument.

Atty. Glyndores Yepes Bautistalla

Notary Public
Until December 31, 2020
Commission Serial No. 85-NC-!!
at Pasig Hall, Pasig City
(076) 442-0986/ 09999663496
PTR No. 7890678; 8-22-90
IBP Lifetime Membership No. 08976564 Pasig City
MCLE No. IV-0006789, 7-21-05

Doc. No. _________.

Page No. _________.
Book No. _________.
Series of 2006

ATTESTATION
I, Atty. Glyndores Yepes Bautistalla, of legal age, Filipino, with postal address 23 capitol Hill,
Pasig City, after being duly sworn depose and say:

1. I was the one who conducted the examination of witness DR. DIGBY at my
aforementioned office in Pasig Hall, Pasig City
2. I have faithfully recorded or caused to be recorded the questions I asked and the
corresponding answer that the witness gave;

3. I nor any other person then present or assisting him coached the witness regarding his
answer;

IN WITNESS WHEREOF, I have hereunto set my hand this 3rd Day of December 2018 at Pasig
Hall , Pasig City

Atty. Glyndores Yepes Bautistalla

Notary Public
Until December 31, 2020
Commission Serial No. 85-NC-!!
at Pasig Hall,Pasig City
(076) 442-0986/ 09999663496
PTR No. 7890678; 8-22-90
IBP Lifetime Membership No. 08976564 Pasig City
MCLE No. IV-0006789, 7-21-05

Doc. No. _________.

Page No. _________.
Book No. _________.
Series of 2006

Copy Furnished:

Office of the City Public Prosecutor

Republic of the Philippines )

____________, ________ )s.s.

x- - - - - - - - - - - - - - - - - - - - - -x

AFFIDAVIT OF WITNESS

I, Mrs. Fluff , 60, widowed , resident of Melendres Compound Pasig, City after having sworn in
accordance with law, do hereby depose and state that:

01. I was present within the vicinity of the Melendres Compound Caniogan City, when Jerry Mouse,
committed the crime of Murder against the victim Tom Cat;

02. I heard a several gunshots and I immediately ran to look through the window and it was too dark
outside to see what was going on but I was able to see a man walking away from jerry and topsy’s house.
The man was in black hood. I immediately called the police station to report the incident.

03. CCTV Cameras were installed by the resident of the Melendres Compound. The camera was installed
to monitor the alley leading to Melendres Compound which is known to be the entrance and exit points
for their family, relatives and their vehicles.

04. Other cameras were personally installed by the victim. He was one who also convince me to set up
CCTV cameras for my personal safety and for monitoring.

I executed this affidavit to attest the truthfulness of the foregoing facts and to support the filing of
Criminal Cases against Tom Cat for the Crime of Murder.

AFFIANTS SAYETH NAUGHT.

IN WITNESS WHEREOF, I hereunto affixed my signature this ___day of ____________

at ____________, _______________.

_______________________________

Affiant

SUBSCRIBED AND SWORN to before me this ___ day of _______ at

_______________. I HEREBY CERTIFY that I have personally examined the herein affiants

and I am satisfied that they voluntarily executed and understood their given affidavit.

_____________________

Notary Public