Prosecution Frustrated Murder Pata 3

Download as pdf or txt
Download as pdf or txt
You are on page 1of 29

Republic of the Philippines

REGIONAL TRIAL COURT


7th Judicial Region
Branch 15
Cebu City

THE PEOPLE OF THE PHILIPPINES,


Plaintiff,
CRIM. CASE NO. 50997
-versus- FOR: FRUSTRATED MURDER

CANDY BAUTISTA,
Accused.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - /

INFORMATION

The undersigned Assistant City Prosecutor of Cebu City, Cebu hereby


accuses CANDY BAUTISTA of the crime of FRUSTRATED MURDER
committed as follows:

“That on or about the 29th day of November 2019 at about 2 o’clock


in the afternoon in Fuente Osmeña Circle, Cebu City, Philippines, and within
the jurisdiction of this Honorable Court, the above-named accused, with
intent to kill and with treachery, did then and there willfully, unlawfully and
feloniously, attack, assault and injure without any hint of warning LEIGH
PEREZ while she was waiting in the pedway for a jeepney by continuously
stabbing the said victim on the different parts of the upper body with the use
of kitchen knife thereby hitting and stabbing the victim on her hand, near her
face, chest area and penetrating on her stomach and which injury caused her
fall in the pedway and loss of blood to be proven during the trial of the
case”.

Acts contrary to the provision of Article 248 of the Revised Penal


Code of the Philippines.

December 15, 2019

ATTY. MICH JANICAH T. PATA


Assistant City Prosecutor

Approved:

ATTY. JAN HAMILTON TALAMO


City Prosecutor
EVIDENCES:
1. Judicial Affidavits
2. Medical Certificate & Receipts
3. Police Blotter
4. Evidence of Murder Weapon

WITNESSES:
1. AJ Reyes- B. Rodriguez Street, Cebu City
2. Dante Corpuz- Don Mariano Cui Street, Cebu City

ADDRESS OF THE ACCUSED: V. Rama Avenue, Cebu City

BAIL BOND RECOMMENDED: NON-BAILABLE

CERTIFICATION

I hereby certify that I have examined the records of this case; that on
the basis of the sworn statement and other evidence submitted before me,
and after conducting the requisite preliminary investigation where the
accused was given the opportunity to offer her evidence, there is reasonable
ground to believe that the crime of FRUSTRATED MURDER has been
committed and that the accused is probably guilty thereof.

ATTY. MICH JANICAH T. PATA


Assistant City Prosecutor

SUBSCRIBED AND SWORN to before me this 15th day of


December 2019 in Cebu City, Philippines.

ATTY. JAN HAMILTON TALAMO


City Prosecutor
Republic of the Philippines
REGIONAL TRIAL COURT
7th Judicial Region
Branch 15
Cebu City

THE PEOPLE OF THE PHILIPPINES,


Plaintiff,
CRIM. CASE NO. 50997
-versus- FOR: FRUSTRATED MURDER

CANDY BAUTISTA,
Accused.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - /

JUDICIAL AFFIDAVIT

I, LEIGH PEREZ, Filipino, 23 years old, single, and a resident of B.


Rodriguez Street, Cebu City, Philippines, after having been duly sworn to in
accordance with law, hereby depose and say:

1. That I am testifying as a private complaining witness in the


above-entitled case;

2. That this Judicial affidavit is taken upon examination of ATTY. JAN


HAMILTON TALAMO at his law office at TALAMO LAW OFFICE,
Colon Street, Cebu City, Philippines, where my statements were
taken;

3. That I am answering the questions asked of me, fully conscious that I


am doing this under oath and that I may face criminal liability for
false testimony or perjury if I state a falsehood in my testimony. The
whole process has been done in Visayan, which is understood by me,
translated into English, and explained to me;

4. That the following are the questions asked of me and answers that I
gave to the questions:

Pangutana 1 : Miss, pwede ba nimo ibungat sa talahuron na hukmamanan


ang imong pangalan, edad, og uban pang mga personal na kahitamangan?
Tubag 1 : Ako si, LEIGH PEREZ, 23 years old, single, ug ako nagpuyo
sa B. Rodriguez Street, Cebu City.

Question 1 : Miss, will you please tell me the Honorable Court


your name, age, and other personal circumstances?
Answer 1 : I, LEIGH PEREZ, Filipino, 23 years old, single, and
a resident of B. Rodriguez Street, Cebu City
P2 : Nganong imo ni gi-execute kaning judicial affidavit?
T2 : Para mahatag na ko akong testimony kalabot sa mga nahitabo nako
isip usa ka biktima sa Frustrated Murder batok sa akusado.

Q2 : Why are you executing this judicial affidavit?


A2 : To give my testimony pertaining the incident as a victim
of the Frustrated Murder of the accused.

P3 : Miss, ikaw pangutan-on kabahin sa usa ka Criminal na kaso 50997


entitled People of the Philippines vs. Candy Bautista for violation
FRUSTRATED MURDER. Ikaw kinahanglan mo tubag og tinuuray kay
ikaw nasa ilalum na sinumpaan. Bisan unsa na pagpamakak sa imong tubag
kay pwede ka makasuhan og false testimony o perjury. Ikaw ba nakasabot
niini?
T3 : Oo.

Q3 : Miss, questions will be asked of you regarding Criminal


Case 50997 entitled People of the Philippines vs. Candy
Bautista for violation of FRUSTRATED MURDER. You
must answer the questions truthfully and honestly as you
are under oath. Any falsity in your answers will open you
to criminal prosecution for false testimony or perjury. Do
you understand?
A3 : Yes.

P4 : Aduna ka bay kaugalingong nahibalo-an sa sinumbong o akusado


niining maong kaso?
T4 : Oo, ako nakaila ni Candy Bautista, alias Candy, tungod kay siya usa
ka lumulopyo sa V. Rama Avenue, Cebu City.

Q4 : Do you personally know the accused in this case?


A4 : Yes, I know Candy Bautista, nicknamed “Candy” because
he is residing in V. Rama Avenue, Cebu City.

P5 : Pwede ba nimong hinumduman ug ibungat ug unsay imong gibuhat


sa niaging Nobyembre 29, 2019 sa alas dos sa hapon?
T5 : Oo, naghulat kog jeep padung sa skuylahan kuyog akong mga higala
na sila AJ Reyes ug Dante Corpuz.

Q5 : Can you recall and state what you did last November 29,
2019 around 2 o’clock in the afternoon?
A5 : Yes, I was waiting in the pedway for a jeepney together
with my friends, AJ Reyes ug Dante Corpuz.

P6 : Unsa man ang imong naobserbahan, kon aduna man, pwede ba nimo
isaysay unsa kani?
T6 : Samtang nag hulat mig jeep, nakakita ko ug motor padung ug
nailhan nako na si Candy Bautista ang sakay. Kalit siya nihunong sa akong
atubangan ug nisinggit ug “Patyun tika!”
Q6 : What did you observe, if any, can you narrate what
happened?
A6 : While waiting for a jeepney, I saw a motorcycle
approaching and I recognized Candy Bautista. It suddenly
stopped and she shouted, “I will kill you!”.

P7 : Unsa ang imong gibuhat paghuman ana?


T7 : Ni-atras ko tungod sa kahadlok. Mudagan na unta ko pero iyang
nagunitan akong kamot ug gidunggab. Nisinggit kos kasakit mao gidunggab
nasd ko niya sa nawong dapit.

Q7 : What did you do after that?


A7 : I stepped back because of fear. I was about to run but she
immediately grabbed my hand and stabbed me. I shouted
due to the pain and she stabbed me near my face.

P8 : Unsa man ang gibuhat sa imong mga higala na sakski sa panghitabo?


T8 : Usa sila makatabang nako, gidunggab nasad ko ni Candy sa tiyan ug
dughan dapit. Natumba kos kalsada. Paghuman ni-andar ang motor ug
nagpadagan ug kusog.

Q8 : What was the reaction of your friends while witnessing the


incident?
A8 : Before they could help me, I was again stabbed by Candy
in the stomach and chest area. I fell off the pedway. Right
after, the motorcycle drove away quickly.

P9 : Unsa imong gibati atong panahona?


T9 : Wala ko kahibaw unsay akong bation. Kita kos akong kaugalingon
na puno dugo ug nakuyapan kos kasakit.

Q9 : What did you feel at that time?


A9 : I did not know what to feel. I only saw my body covered
in blood and I passed out because of the pain.

P10 : Human sa pila ka gutlo human niadtong mga hitabo, unsay sunod
nga nahitabo?
A10 : Ning abot ang mga police ug gisakay ko sa ambulansya ug gidala
didto sa hospital sa Chong Hua Medical Arts Center.

Q10 : After few moments thereafter, what happened next?


A10 : The policemen arrived and I was carried into the
ambulance and brought to Chong Hua Medical Arts
Center.
P11 : Aduna ka bay medical certificate kalabot sa mga samad o sosyo na
imong nahi-aguman?
T11 : Oo, ang doctor nga nag-examine sa akong mga samad sa kamot,
nawong, tiyan ug sa may dughan dapit naghatag kanako ug medical
certificate nga mao usab ang akong gihatag sa mga police sa Police Station 2
sa may Osmeña Blvd, Cebu City human ako kakuha sa pamahayag aron
mapasaka ang kaso.

Q11 : Do you have medical certificate in relation to the injuries


that you sustained?
A11 : Yes, the doctor who examined my injuries issued to me a
medical certificate which I gave to the police of Police
Station 2 at Osmeña Blvd, Cebu City when they took a
statement from me for initiating a case.

P12 : Akong ipakita kanimo kining medical certificate nga gi-issue ngadto
ni Leigh Perez, unsay kalabot niining maong medical certificate sa imong
gihisgotan kaganina?
T12 : Mao kini ang medical certificate nga gi-hatag ngari kanako sa doctor.

Q12 : I show to you a medical certificate issued to Leigh Perez,


what relation has this to the medical certificate that you
mentioned earlier?
A12 : That is the medical certificate issued to me by the doctor.

P13 : Bu-ot nakong i-apil sukip kining maong medical certificate sa imong
judicial affidavit isip EXHIBIT “E”, uyon ka ba sa akong himoon?
T13 : Oo, uyon.

Q13 : I wish to attach this medical certificate to your judicial


affidavit as EXHIBIT “E”, will you conform to my
action?
A 13 : Yes, I conform.

P14 : Nakahinumdum ka ba unsa ang sunod gibuhat sa mga police kabahin


sa imong reklamo batok ni Candy Bautista?
T14 : Ang police nangutana nako ug unsay nahitabo ug sila gagama ug
sinuwat nga pamahayag diin ako gipapirma niini ug giingnan nga ang kaso
ilang dali-on ug pagpasaka didto sa opisina sa piskalya sa Cebu City.

Q14 : Do you recall what did the police do in so far as your


complaint against Candy Bautista?
A14 : The police asked me about what happened and they
prepared affidavits and let me sign them. The police also
informed me that the case will be immediately filed before
the prosecutor’s office in Cebu City.
P15 : Akong ipakita kining maong salaysay nimo nga gibuhat atubangan
sa Hepe sa Kapulisan sa Police Station 2, palihug ug tan-aw niini ug sultii
ako kon mao ba kini ang salaysay o affidavit nga imong gipirmahan
atubangan sa Hepe sa Kapulisan sa Police Station 2?
T15 : Oo, mao kini ang affidavit.

Q15 : I show you this narrative of one Leigh Perez purportedly


executed before the Chief of Police of Police Station 2
kindly examine this and tell me whether this is the same
affidavit you signed before the Chief of Police of Police
Station 2?
A15 : Yes, that is the affidavit.

P16 : Sa unsa nga pinulungan gihimo ang pag-susi o pagpangutana sa mga


police kalabot sa hitabo diin ikaw ang biktima?
T16 : Pinulungang Bisaya.

Q16 : In what language were you asked by the police in


relation to the incident where you are the victim?
A16 : In the Visayan language.

P17 : Kining imong affidavit o salaysay sinuwat sa English, nakasabot ba


ikaw niini?
T17 : Ang police misulti kanako nga ilang hubaron sa pinulungan English
ug unsay akong naestorya kanila panahon sa imbestigasyon unya ila akong
gipapirma tungod kay dinalian ang pagfile didto sa Cebu City.

Q17 : Your affidavit is in English, did you understand it?


Q17 : The police told me that they translated what I said to
English and let me sign the affidavit which I signed because it
would be filed in Cebu City.

P18 : Ang mga pamahayag ba nga nasuwat niing maong affidavit o


pamahayag tinuod ug sakto kini?
T18 : Sa dihang gi-pasabot ako sa akong abogado diin iyan gibinisaya ang
maong affidavit o pamahayag nga sinuwat sa English, moingon ako nga sa
kinatuk-an, tinuod ang maong salaysay apan adunay mga ginagmay nga
sayop sa paghubad o pagsabot sa akong nabutyag didto sa police. Ang
nakasulat sa akong judicial affidavit maoy sakto nga subay sa panghitabo
diin ako us aka biktima sa pag dasdas ni Candy Bautista.

Q18 : Are the statements contained in the affidavit true and


correct?
A18 : When I discussed with my lawyer who translated to me
the affidavit that was written in English, I would say
substantially those are correct with some minor
mistranslation or misinterpretation of what I narrated to
the police. The contents of my judicial affidavit are
correct account of what transpired regarding the incident
where I was the victim of attack by Candy Bautista.

P19 : Akong isukip kining police blotter isip imong affidavit nga imong
gipirmahan atubangan sa Hepe sa Police sa Police Station 2 isip EXHIBIT
“D”, uyon ba ikaw sa akong buhaton?
T19 : Oo, uyon ako.

Q19 : I wish to attach the police blotter from your affidavit


signed before the Police Chief of Police Station 2 as
EXHIBIT “D” to your judicial affidavit, will you conform
to my action?
A19 : Yes, I conform.

P20 : Ning-ingon ka nga gidungab ka ug kutsilyo ni Candy Bautista.


Nakahibalo ba ikaw kon asa na ang maong kutsilyo?
T20 : Tungod sa kapaspas sa panghitabo, wala ko nakaklaro unsa katas-a
ang iyang gigamit apan kabalo ko na kutsilyo iyang gigamit. Nangutana ako
sa mga police kon asa ang kutsilyo, ug matud pa sa mga police, naa kini sa
ilang kustodiya sa Police Station 2.

Q20 : You said earlier that you were stabbed with a knife by
Candy Bautista. Do you know where now the knife is?
A20 : Due to the sudden and quick event, I did not notice how
long but I know what she used was a knife. I got
information that the knife was recovered and turned over
to the police. And I asked the police where was the bolo,
and they said the bolo is in control and possession of
Police Station 2.

P21 : Akong isukip kining pictures sa kutsilyo na gigamit isip EXHIBIT


“G”, uyon ba ikaw sa akong buhaton?
T21 : Oo, uyon ako.

Q21 : I wish to attach the picture of the used kitchen knife as


EXHIBIT “G” to your judicial affidavit, will you conform
to my action?
A21 : Yes, I conform.

P22 : Gawas sa medical certificate, aduna ba kay dugang pruweba sa


imong mga mga samad o sosyo?
T22 : Oo, naa koy larawan samtang ako naa pa sa hospital, gipicture-ran
ako sa akong higala na si AJ Perez ubos sa akong mando sa dihang ako diha
pa sa ospital.

Q22 : Aside from the medical certificate, do you have other


proofs of your wounds or injuries?
A22 : Yes, I have a picture of me while confined at the hospital
which picture was taken by my friend AJ Perez upon my
instruction on the day I was brought to the hospital.

P22 : Akong ipakita kining larawan diin naa ka sa ospital, palihug ug


tan-aw niini ug sultii ako kon mao ba kini ang larawan nga imong giingon
ganiha?
T22 : Oo, mao na ang akong picture.

Q23 : I show you this picture of you at the hospital, kindly


examine this and tell me whether this is the same picture
you mentioned earlier?
A23 : Yes, it is the same picture.

P23 : Akong isukip kining imong larawan diin naa ka sa ospital niining
imong pictures as EXHIBIT “H”, uyon ba ikaw sa akong buhaton?
T24 : Oo, uyon ako.

Q24 : I wish to attach this pictures to your judicial affidavit as


EXHIBIT “H”, will you conform to my action?
A24 : Yes, I conform.

P25 : Kalabot sa imong mga samad o sosyo ug sa pagtambal niini ug sa


imong pagkahospital, nakagasto ba ikaw, kon aduna man?
T25 : Oo, nakagasto ako sa mga bayronon para tambal ug sa hospital.

Q25 : In relation to the injuries and treatment as well as your


hospitalization, did you incur any expenses, if any?
A25 : Yes, I incurred expenses for the medicine and hospital.

P26 : Pila ang imong nabayran nining maong mga gastuhan?


T26 : Dili momenus sa PHP213, 500.00.

Q26 : How much were incurred on these expenses?


A26 : Not less than PHP213, 500.00 .

P27 : Aduna ka bay mga resibo sa maong nabayad?


T27 : Oo, adunay akoy mga recibo
.
Q27 : Do you have proof/s of such expenses?
A27 : Yes, there are receipts.

P28 : Akong ipakita kanimo kining mga resibo sa tambal ug sa bayad sa


hospital, mao ba kini ang giingon nimo kaganina?
T28 : Oo, mao kini ang mag recibo sa tambal nga napalit ug sa bayad sa
hospital. Aduna pay wala maapil niana tungod kay adunay mga resibo nga
nawala or nawani.
Q28 : I show you these receipts which are for medicines and
hospital expenses, are these the ones that you mentioned
earlier?
A28 : Yes, these are the receipts for the professional fees of
your lawyer. However, there are receipts that I lost.

P29 : Bu-ot nakong i-apil sukip kining maong mga resibo sa tambal, og sa
legal nga serbisyo sa imong judicial affidavit isip EXHIBIT “D-1”, uyon ba
ikaw sa akong himoon?
T29 : Oo, uyon ko.

Q29 : I wish to attach this medical certificate to your judicial


affidavit as EXHIBIT “D-1”, will you conform to my
action?
A29 : Yes, I conform.

P30 : Adunay pa ba kay lain nga nagasto?


T30 : Ang akong nabayad sa serbisyo sa akong abogado.

Q30 : What are other expenses did you incur?


A30 : My expenses in hiring the services of a lawyer.

P31 : Pila man imong nabayad?


T31 : Sa akong kaso, ningbayad ko ug acceptance fee nga PHP20, 000,
unya sa appearance fee kada hearing nga PHP5,000.00 sa ako nga kaso.
Mokabat na ug dili momenus sa PHP60,000.00 og magpadayon pa sa
paggasto sa sunod nga mga adlaw hangtod mahuman ni nga kaso.

Q31 : How much did you incur?


A31 : For my case, I paid acceptance fee in the amount of PHP
20,000 and other expenses as well as appearance fees in
the amount of PHP 5,000.00 for my case; For total of not
less than PHP60,000.00 and I will continue to incur more
until the end of this case.

P32 : Aduna ka bay mga resibo sa maong nabayad?


T32 : Oo, adunay akoy mga resibo.

Q32 : Do you have proof of such expenses?


A32 : Yes, there are receipts.

P33 : Akong ipakita kanimo kining maong mga resibo og billing statement
nga nga gi-issue sa Talamo Law Office para sa ilang legal nga serbisyo, mao
ba kini ang giingon nimo kaganina?
T33 : Oo, mao kini ang mag resibo og billing statement gikan sa Talamo
Law office para sa ilang legal nga serbisyo niining kaso.
Q33 : I show to you these receipts and billing statement issued
by theTalamo Law Office for their legal services, are
these the ones that you mentioned earlier?
A33 : Yes, these are the receipts and billing statements from
Talamo Law Office for their legal services.

P34 : Sa imong pagkanunay ug tunga dire sa korte panahon sa hearing, ug


uban pa sa pagpahiluna sa imong kaso, nakagasto ba ikaw, ug pila nay
imong nagasto kon nakagasto na ikaw?
T34 : Oo, nakagasto na ako ug dili momenus sa PHP12,500.00

Q34 : In always coming to court for your hearing and in putting


in place your case, did you expend any amount and how much, if
any?
A34 : Yes, I incurred amount not less than PHP12,500.00.

P35 : Kalabot sa maong incidente ug imong mga sosyo nga nahi-aguman,


pwede nimo itug-an dire kanako kon unsay imong gibati karun?
T35 : Akong nabati ang sakit sa akong lawas ug grabe na kahadlok.
Nangutana ko sa akong kaugalingon kung unsay akong sala niya.

Q35 : In relation to the incident and injuries that you


sustained out from the intentional acts of the accused, can
you tell me what was your feeling right now?
A35 : I was physically in pain and in terrible fear. I even asked
myself what did I do to her.

P36 : Kon butangan ug kantidad kining imong gibati nga kasakit ug uban
pa tungod sa hitabo, pila ang imong pangayo gikan sa akusado?
T36 : Dili momenus sa PHP100,000.00

Q36 : If these feelings that you have experienced will be


quantified into monetary consideration, how much will you ask
for these from the accused?
A36 : Not less than PHP100,000.00.

P37 : Pagkakaron, wala na akoy ipangutana nimo, buot ka pa ba nga


mosaysay ug dugang?
T37 : Dili na, gawas kon aduna pay laing mga pangutana.

Q37 : As of now, I have no more questions to ask, do you still


wish to state more?
A37 : No more, except if there are still questions.
IN WITNESS WHEREOF, I have hereunto set my hand this 15th day
of December 2019 in Cebu City, Philippines.

LEIGH PEREZ
Affiant-Complainant

SUBSCRIBED AND SWORN TO BEFORE ME this 15th day of


December 2019 in Cebu City, Philippines.

ATTY. MICH JANICAH T. PATA


Assistant City Prosecutor

ATTESTATION

I, PROS. MICH JANICAH T. PATA hereby attest that faithfully


recorded the questions propounded and the corresponding answers given by
the witness LEIGH PEREZ. The whole process has been done in English,
which was translated to Visayan dialect to which understood by the witness
and as explained by me. I did not in any way taught or coach or instruct the
witness on how to answer or any other person or persons the present or
assisting the witness regarding the latter’s answers.

ATTY. JAN HAMILTON TALAMO


City Prosecutor

IN WITNESS WHEREOF, I have hereunto affixed my signature, this


17th day of December 2019 at TALAMO LAW OFFICE, Colon Street, Cebu
City, Philippines.

ATTY. MICH JANICAH T. PATA


Assistant City Prosecutor
EXHIBIT “A”

REPUBLIC OF THE PHILIPPINES )


CITY OF CEBU) S.S.
X-------------------------------------------------X

AFFIDAVIT-COMPLAINT

I, LEIGH PEREZ, Filipino, 23 years old, single, and a resident of B.


Rodriguez Street, Cebu City, Philippines, after having been sworn to in
accordance with the law, hereby depose and say:

1. On November 29, 2019, particularly at around 2 o’clock in the


afternoon, I was waiting in the pedway for a jeepney together with my
friends, AJ Reyes ug Dante Corpuz. I saw a motorcycle approaching
and I recognized Candy Bautista. It suddenly stopped and she shouted,
“I will kill you!”;

2. I stepped back because of fear. I was about to run but she immediately
grabbed my hand and stabbed me. I shouted due to the pain and she
stabbed me near my face. Before they could help me, I was again
stabbed by Candy in the stomach and chest area. I fell off the pedway.
Right after, the motorcycle drove away quickly;

3. The policemen arrived and I was carried into the ambulance and
brought to Chong Hua Medical Arts Center. The doctor who examined
my injuries issued me a medical certificate which I gave to the police
of Police Station 2 at Osmeña Blvd, Cebu City when they took a
statement from me for initiating a case;

4. The police asked me about what happened and they prepared


affidavits and let me sign them. The police also informed me that the
case will be immediately filed before the prosecutor’s office in Cebu
City;

5. Due to the sudden and quick event, I did not notice how long but I
know what she used was a knife. I got information that the knife was
recovered and turned over to the police. And I asked the police where
was the bolo, and they said the bolo is in control and possession of
Police Station 2;

That I am executing this affidavit to the best of my knowledge of the facts


and circumstances to support the filing of a case for Frustrated Murder
against CANDY BAUTISTA in court and for whatever legal purpose this
may serve.
IN WITNESS WHEREOF, I hereunto affix my signature this 15th day
of December 2019 at Cebu City, Philippines.

LEIGH PEREZ
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, this 2nd day of


September 2021 in Cebu City, Philippines. I further certify that I have
personally examined the herein Affiant and I am fully convinced that they
freely and voluntarily executed their statements and that they understood the
same.

ATTY. MICH JANICAH T. PATA


Notary Public
EXHIBIT “D”
EXHIBIT “E”
EXHIBIT “F”
EXHIBIT “G”
EXHIBIT “H”
Republic of the Philippines
REGIONAL TRIAL COURT
7th Judicial Region
Branch 15
Cebu City

THE PEOPLE OF THE PHILIPPINES,


Plaintiff,
CRIM. CASE NO. 50997
-versus- FOR: FRUSTRATED MURDER

CANDY BAUTISTA,
Accused.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - /

JUDICIAL AFFIDAVIT

I, AJ REYES, of legal age, single, and a resident of B. Rodriguez Street,


Cebu City, Philippines, after having been duly sworn to in accordance with
the law, hereby depose and say:

1. That I am testifying as a witness in the above-entitled case;

2. That this Judicial affidavit is taken upon examination of ATTY. JAN


HAMILTON TALAMO at his law office at TALAMO LAW OFFICE,
Colon Street, Cebu City, Philippines, where my statements were
taken;

3. That I am answering the questions asked of me, fully conscious that I


am doing this under oath and that I may face criminal liability for
false testimony or perjury if I state a falsehood in my testimony. The
whole process has been done in Visayan, which is understood by me,
and translated into English and explained to me;

4. That the following are the questions asked of me and my


corresponding answers thereto:

Q1 : Do you know the private complainant, in this case, Ms. Leigh Perez?
A1 : Yes, I know her because we are both students of the University of
Cebu- Main Campus, Sanciangko Street, Cebu City and I met and
acquainted with her.

Q2 : Do you know the accused in this case, Ms. Candy Bautista?


A2 : Yes because I was acquainted with her at the university.
Q3 : On November 29, 2019, at about 2 o’clock in the afternoon, where
were you?
A3 : I was standing beside Leigh Perez, waiting for a jeep in Fuente
Osmeña Circle, Cebu City together with Dante Corpuz because we were
about to attend our class at the university;

Q4 : Do you recall what unusual incident happened thereat at about that time?
A4 : Yes, I witnessed personally one Leigh Perez being mercilessly attacked by
Candy Bautista by continuously stabbing with a kitchen knife directly to her hand
and face and continued to strike her in the chest area and stomach and when the
victim fell off the ground, said Candy Bautista.

Q5 : What happened right after?


A5 : The police officers responded and we called an ambulance and rushed her
to Chong Hua Medical Arts Center. Then, I was advised to go home with Dante
Corpuz.

Q6 : In relation to this case, do you recall having made a statement and reduced
the same in writing?
A6 : Yes, I made a statement before the police and reduced the same in the
form of an affidavit.

Q7 : I show to you an affidavit of one AJ Reyes, kindly examine this and tell
me what relation has this to the affidavit you mentioned earlier.
A7 : This is the affidavit that I executed at the police station.

Q8 : Do you understand the contents of your affidavit executed at the


police station?
A8 : Yes sir, I fully understand and that is a truthful account of the
incident that I personally saw.

Q9 : I am going to attach this document as EXHIBIT “B” to your judicial


affidavit, will you conform to my action?
A9 : Yes sir.

Q10 : I have no more questions, do you wish to add more?


A10 : If I am asked more questions about what I witnessed, then I will
answer those questions.
IN WITNESS WHEREOF, I have hereunto set my hand this 15th day
of December 2019 in Cebu City, Philippines.

AJ PEREZ
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME this15th day of


December 2019 in Cebu City, Philippines.

ATTY. MICH JANICAH T. PATA


City Prosecutor

ATTESTATION

I, ATTY. MICH JANICAH T. PATA hereby attest that faithfully


recorded the questions propounded and the corresponding answers given by
the witness LEIGH PEREZ. The whole process has been done in English,
which was translated to Visayan dialect to which understood by the witness
and as explained by me. I did not in any way taught or coach or instruct the
witness on how to answer or any other person or persons the present or
assisting the witness regarding the latter’s answers.

ATTY. JAN HAMILTON TALAMO


City Prosecutor

IN WITNESS WHEREOF, I have hereunto affixed my signature, this


17th day of December 2019 at TALAMO LAW OFFICE, Colon Street, Cebu
City, Philippines.

ATTY. MICH JANICAH T. PATA


Assistant City Prosecutor
EXHIBIT “B”

REPUBLIC OF THE PHILIPPINES )


CITY OF CEBU) S.S.
X-------------------------------------------------X

AFFIDAVIT

I, AJ REYES, of legal age, single, and a resident of B. Rodriguez


Street, Cebu City, Philippines, after having been sworn to in accordance with
the law, hereby depose and say:

1. On November 29, 2019, particularly at around 2 o’clock in the


afternoon, I was waiting in the pedway for a jeepney together with my
friends, Leigh Perez ug Dante Corpuz. I saw a motorcycle
approaching and we recognized Candy Bautista. It suddenly stopped
and she shouted, “I will kill you!”;

2. Leigh Perez was in her hand and near her face using a kitchen knife.
Before we can help her, she was again stabbed by Candy in the
stomach and chest area;

3. The policemen arrived and she was carried into the ambulance and
brought to Chong Hua Medical Arts Center. The doctor who examined
her injuries issued her a medical certificate;

4. Dante Corpuz and I were advised to go home.

That I am executing this affidavit to the best of my knowledge of the facts


and circumstances to support the filing of a case for Frustrated Murder
against CANDY BAUTISTA in court and for whatever legal purpose this
may serve.
IN WITNESS WHEREOF, I hereunto affix my signature this 15th day
of December 2019 at Cebu City, Philippines.

AJ REYES
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, this 15th day of


December 2019 in Cebu City, Philippines. I further certify that I have
personally examined the herein Affiant and I am fully convinced that they
freely and voluntarily executed their statements and that they understood the
same.

ATTY. MICH JANICAH T. PATA


Notary Public
Republic of the Philippines
REGIONAL TRIAL COURT
7th Judicial Region
Branch 15
Cebu City

THE PEOPLE OF THE PHILIPPINES,


Plaintiff,
CRIM. CASE NO. 50997
-versus- FOR: FRUSTRATED MURDER

CANDY BAUTISTA,
Accused.
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - /

JUDICIAL AFFIDAVIT

I, DANTE CORPUZ, of legal age, single, and a resident of Don


Mariano Cui Street, Cebu City, Philippines, after having been duly sworn to
in accordance with the law, hereby depose and say:

1. That I am testifying as a witness in the above-entitled case;

2. That this Judicial affidavit is taken upon examination of ATTY. JAN


HAMILTON TALAMO at his law office at TALAMO LAW OFFICE,
Colon Street, Cebu City, Philippines, where my statements were
taken;

3. That I am answering the questions asked of me, fully conscious that I


am doing this under oath and that I may face criminal liability for
false testimony or perjury if I state a falsehood in my testimony. The
whole process has been done in Visayan which language is understood
by me, and translated into English and explained to me;

4. That the following are the questions asked of me and my


corresponding answers thereto:

Q1 : Do you know the private complainant, in this case, Ms. Leigh Perez?
A1 : Yes, I know her because we are both students of the University of
Cebu- Main Campus, Sanciangko Street, Cebu City and I met and
acquainted with her.

Q2 : Do you know the accused in this case, Ms. Candy Bautista?


A2 : Yes because I was acquainted with her at the university.
Q3 : On November 29, 2019, at about 2 o’clock in the afternoon, where
were you?
A3 : I was standing beside Leigh Perez, waiting for a jeep in Fuente
Osmeña Circle, Cebu City together with AJ Reyes because we were about to
attend our class at the university;

Q4 : Do you recall what unusual incident happened thereat at about that time?
A4 : Yes, I witnessed personally one Leigh Perez being mercilessly attacked by
Candy Bautista by continuously stabbing with a kitchen knife directly to her hand
and face and continued to strike her in the chest area and stomach and when the
victim fell off the ground, said Candy Bautista.

Q5 : What happened right after?


A5 : The police officers responded and we called an ambulance and rushed her
to Chong Hua Medical Arts Center. Then, I was advised to go home with AJ
Reyes.

Q6 : In relation to this case, do you recall having made a statement and


reduced the same in writing?
A6 : Yes, I made a statement before the police and reduced the same in the
form of an affidavit.

Q7 : I show to you an affidavit of one Dante Corpuz, kindly examine this and
tell me what relation has this to the affidavit you mentioned earlier.
A7 : This is the affidavit that I executed at the police station.

Q8 : Do you understand the contents of your affidavit executed at the


police station?
A8 : Yes sir, I fully understand and that is a truthful account of the
incident that I personally saw.

Q9 : I am going to attach this document as EXHIBIT “C” to your judicial


affidavit, will you conform to my action?
A9 : Yes sir.

Q10 : I have no more questions, do you wish to add more?


A10 : If I am asked more questions about what I witnessed, then I will
answer those questions.
IN WITNESS WHEREOF, I have hereunto set my hand this 15th day
of December 2019 in Cebu City, Philippines.

DANTE CORPUZ
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME this 15th day of


December 2019 in Cebu City, Philippines.

ATTY. MICH JANICAH T. PATA


City Prosecutor

ATTESTATION

I, PROS. MICH JANICAH T. PATA hereby attest that faithfully


recorded the questions propounded and the corresponding answers given by
the witness LEIGH PEREZ. The whole process has been done in English,
which was translated to Visayan dialect to which understood by the witness
and as explained by me. I did not in any way taught or coach or instruct the
witness on how to answer or any other person or persons the present or
assisting the witness regarding the latter’s answers.

ATTY. JAN HAMILTON TALAMO


City Prosecutor

IN WITNESS WHEREOF, I have hereunto affixed my signature, this


17th day of December 2019 at TALAMO LAW OFFICE, Colon Street, Cebu
City, Philippines.

ATTY. MICH JANICAH T. PATA


Assistant City Prosecutor
EXHIBIT “C”

REPUBLIC OF THE PHILIPPINES )


CITY OF CEBU) S.S.
X-------------------------------------------------X

AFFIDAVIT

I, DANTE CORPUZ, of legal age, single, and a resident of Don


Mariano Cui Street, Cebu City, Philippines, after having been duly sworn to
in accordance with the law, hereby depose and say:

1. On November 29, 2019, particularly at around 2 o’clock in the


afternoon, I was waiting in the pedway for a jeepney together with my
friends, Leigh Perez ug Dante Corpuz. I saw a motorcycle
approaching and we recognized Candy Bautista. It suddenly stopped
and she shouted, “I will kill you!”;

2. Leigh Perez was in her hand and near her face using a kitchen knife.
Before we can help her, she was again stabbed by Candy in the
stomach and chest area;

3. The policemen arrived and she was carried into the ambulance and
brought to Chong Hua Medical Arts Center. The doctor who examined
her injuries issued her a medical certificate;

4. Dante Corpuz and I were advised to go home.

That I am executing this affidavit to the best of my knowledge of the facts


and circumstances to support the filing of a case for violation of Republic
Act No. 9208, Section 4(a), qualified by Section 6(a) against LOURDES P.
TANO in court and for whatever legal purpose this may serve.
IN WITNESS WHEREOF, I hereunto affix my signature this 15th day
of December 2019 at Cebu City, Philippines.

DANTE CORPUZ
Affiant

SUBSCRIBED AND SWORN TO BEFORE ME, this 15th day of


December 2019 in Cebu City, Philippines. I further certify that I have
personally examined the herein Affiant and I am fully convinced that they
freely and voluntarily executed their statements and that they understood the
same.

ATTY. MICH JANICAH T. PATA


Notary Public

You might also like