REPUBLIC OF THE PHILIPPINES )
DEPARTMENT OF JUSTICE )S. S
OFFICE OF THE CITY PROSECUTOR )
DIPOLOG CITY )
x - - - - - - - - - - - - - - - - - - - - - - - - - - - -x
JUDICIAL AFFIDAVIT
I, ROBERT TAN, 25 years old, single, Filipino and a resident of
Barangay, Punta, Dipolog City, after having been duly sworn to take an oath
in accordance with law do hereby depose and say:
PRELIMINARY STATEMENT
I am being questioned by PO3 ARVIE OYAN at Dipolog City Police
Station situated at Brgy. Miputak, Dipolog City. The questioning is being
held at the same address. I fully understand or conscious of all my answers
to the questions of the above-named investigator and understand that I may
face criminal liability of perjury in case my statement may be proven to be
false testimonies.
QUESTION AND ANSWER
Q - What is your purpose in coming to the office Dipolog City Police
Station?
A - To file a complaint against JULIUS AGEAS, 35 years old, single and a
resident of Brgy. Punta, Dipolog City.
Q - Why are you filing a formal complaint against him?
A - Because he struck my head with the used of hard object.
Q - When and where did the incident happen?
A - On January 20,2018 at 7;00 o'clock in the evening at the barangay road
of Punta, Dipolog City.
Q – Can you please narrate how the incident happened?
A – Yes sir, the incident occurred when I was had a conversation with my
best friend named NELLY ONG at the side of the barangay road of Punta,
Dipolo City. During our conversation, someone grabbed my T-shirt, pulled
me and swiftly struck my head and my face several times with the hard
object, giving me no opportunity to dodge his aggressive act. As a result,
more blood was flowing from my head and face wherein my best friend
could no longer recognize me. Thus, she brought me to the nearest Hospital.
I was confined in the Hospital for 50 days. The result is quite unfortunate to
me. I sustained "Severe Brain Injuries". Likewise, my face has been
deformed in which I can no longer performed my job as a Teacher.
Q – How did you know JULIUS AGEAS?
A – He is my neighbour sir.
Q – Do you have something more to say?
A – No more sir.
IN WITNESS WHEREOF, I have hereunto affixed my signature
below this 3rd day of February 2018, in Dipolog City, Philippines.
ROBERT TAN
Affiant
SUBSCRIBED AND SWORN TO before me this 3 rd day of February
2018 in Dipolog City, Zamboanga del Norte, Philippines and that I further
certify that I have personally examined the affiant and that I am satisfied that
he voluntarily executed and understood the contents of his affidavit.
RUSSEL VINCENT T. SARACHO
Dipolog City Prosecutor
Roll No. 45459
IBP No. 567999
MCLE Compliance No. V-003007
Valid Until November 15, 2019
ATTESTATION
I, PO3 ARVIE OYAN, Investigator assigned in Dipolog City Police
Station Station situated at Brgy. Miputak, Dipolog City, state under oath as
follows;
That, I am the one who took the Judicial Affidavit of the above-named
affiant.
That, I recorded the questions that I asked on her and the
corresponding answers that she gave to me and,
Neither I, PO3 ARVIE OYAN nor other persons then present coached
the affiant regarding her answers.
IN WITNESS WHEREOF, I have hereunto affixed my signature this
rd
3 day of February 2018 at Brgy. Miputak, Dipolog City.
PO3 ARVIE OYAN
Affiant
SUBSCRIBED AND SWORN TO before me this 3 rd day of February
2018 in Dipolog City, Zamboanga del Norte, Philippines and that I further
certify that I have personally examined the affiant and that I am satisfied that
he voluntarily executed and understood the contents of his affidavit
RUSSEL VINCENT T. SARACHO
Dipolog City Prosecutor
Roll No. 45459
IBP No. 567999
MCLE Compliance No. V-003007
Valid Until November 15, 2019
Republic of the Philippines
REGIONAL TRIAL COURT
9th Judicial Region
Dipolog City
Branch 3
PEOPLE OF THE PHILIPPINES, CRIMINAL CASE No. 007
Plaintiff,
- for -
-versus-
Serious Physical Injuries
JULIUS AGEAS,
Accused,
x----------------------------------------x
INFORMATION
The undersigned City Prosecutor hereby accuses JULIUS AGEAS of
the crime for SERIOUS PHYSICAL INJURIES, committed as follows:
That on or about 7:00 o’clock in the evening of January 20, 2018 at
Brgy. Punta, Dipolog City, Philippines, and within the jurisdiction of this
Honorable Court, the said accused did then and there willfully, unlawfully
and feloniously struck the head as well as the face of ROBERT TAN several
times with the hard object which causes to deform the latter’s face and
sustained a “Severe Brain Injury” that require medical attendance for more
than thirty (30) days thus, incapacitated him from performing his customary
work and labor for the same period of time.
CONTRARY TO LAW. (Violation of Art. 263 par. 4 of the Revised
Penal Code)
Dipolog City, Philippines, February 3, 2018
RUSSEL VINCENT T. SARACHO
Dipolog City Prosecutor
Roll No. 45459
IBP No. 567999
MCLE Compliance No. V-003007
Valid Until November 15, 2019
BAIL RECOMMENDED:
P200,000.00.
CERTIFICATION
I HEREBY CERTIFY under oath that I have conducted proper
preliminary investigation in the above-entitled case in accordance with
Section 4, Rule 112 of the 1985 Rules on Criminal Procedure as amended,
that I have or as shown by the record, an authorized officer or notary public,
has personally examined the complainant and her witnesses: that there is
reasonable ground to believe that a crime has been committed and that the
accused is/are probably guilty thereof, that the accused was/were informed
of the complaint and of the evidence submitted against him/them and that
he/they was/were given opportunity to present controverting evidence.
Dipolog City, Philippines, March 3, 2018.
RUSSEL VINCENT T. SARACHO
Dipolog City Prosecutor
SUBSCRIBED AND SWORN to before me this 3rd day of February
2018 Office of the City Prosecutor of Dipolog City, Bulwagan ng
Katarungan, Dipolog City
RUSSEL VINCENT T. SARACHO
Dipolog City Prosecutor
Roll No. 45459
IBP No. 567999
MCLE Compliance No. V-003007
Valid Until November 15, 2019
Witnesses:
1. ROBERT TAN - Brgy. Punta, Dipolog City
2. NELLY ONG - Brgy. Punta, Dipolog City
AND OTHERS.
INFORMATION AND
JUDICIAL AFFIDAVIT FOR
SERIOUS PHYSICAL
INJURIES AND VIOLATION
OF BATAS PAMBANSA
BILANG 22
SUBMITTED BY:
RUSSEL VINCENT T. SARACHO
LLB – III
SUBMITTED TO:
PROS. JOJI CABADING
Professor