REPUBLIC OF THE PHILIPPINES} DONE: IN THE CITY OF SANTIAGO } S.S. X =========================== X COMPLAINT-AFFIDAVIT I, RICHARD PIAGA an Investigating Prosecutor, have good reason to believe that, Mario Marcelo, who is hereafter called “Defendant”, on or about the 11th day of January, 2013, and before the making and filing of this complaint, in the City of Santiago, did unlawfully commit the offense of Murder, to wit, did then and there intentionally and knowingly cause the death of , “Rodel Manalang” by the Defendant contrary to the Aricle 248 of the Revised Penal Code. Affiant has learned the following facts: 1. I Richard Piaga and I am a commissioned Investigating Prosecutor in Santiago City, since May 2001. I am employed by the City of Santiago Prosecutors Office. 2. January 11th 2013, at approximately 12:00 midnight the Police Department responded to a medical call involving a stabbing incident at Dizon Subdivision located within the City of Santiago. 3. During the interview on January 15, 2013 I conducted to witness Christopher Sunga, a copy of the Sworn Statement is hereto attached as “Annex A”, Mario Marcelo a resident of 76 Dizon Subdivision Santiago City, is charged of murder and committed as follows: a. At about 6:00 pm of January 11, 2013, Christopher Sunga and his friends Rodel Baustista, Rodelio Manalang, Arsenio Madrigo, and Ednor Cabrera were in the huse of Dominador Sunga, Christpher’s father located at 38 Dizon Subdivision, Santiago City. They were having a drinking spree in celebration of Christopher’s birthday. b. At about 8:00pm Dominador arrived with Marcelo. The latter joined Christopher and his friends in their drinking and merrymaking. After sometime, a commotion ensued when Marcelo created trouble and challenged Ednnor Cabrera to a duel. Christopher’s mother tried to cal, When she failed, Dominador intervened and succeeded in bringing Marcelo home. c. At about 11:00 pm, Christopher and his friends agreed to call it a night. Christopher told his parents that he, along with Madrigo and Baustista would accompany Manalang to their house. d. As they were passing by the house of Marcelo, the latter sneaked from behind Manalang and stabbed him at the back. Bautista tried to restrain the appellant, but the latter stabbed him on the right arm. e. Marcelo continued to stabbed Manalang as Christopher and Madrigo ran to the Bantay Bayan Office for help. f. When they met Dominador on the way, they informed him of the stabbing incident. g. Dominador, together with some barangay tanods, proceeded to the place of the incident to conduct an investigation. On their way, Dominador saw Baustista who was then fleeing to their house and notice the wound on the latter’s right arm. Bautista told Dominador that he and Manalang were stabbed by Marcelo. Dominador then rushed to the house of Marcelo, and saw the bloddied body of Manalang lying by the roadside. 4. Eduardo T. Vargas, Medico-Legal Officer of the National Bureau of investigation, performed an autopsy on the cadaver of Manalang and signed his Autopsy report, attested that indeed Manalang cause of death was due to the several stabbed wounds one of which was from his back. A copy of the Postmortem Findings is hereto attached as “Annex B”;
5. Based on the foregoing, it is beyond cavil that respondent Mario Marcelo committed the crime of Murder, qualified by treachery under Article 248 of the Revised Penal Code. There is treachery in the commission of the crime when (a) at the time to attack, the victim was not in a position to defend himself; (b) the offender consciously and deliberately adopted the particular mean, method and form of attack employed by him.
IN WITNESS WHEREOF, I have affixed my signature this 14th day of February 2013 in Santiago City, Philippines. RICHARD PIAGA Affiant SUBSCRIBED AND SWORN to before me in the City of Santiago this 14th day of February 2013. I hereby certify that I have personally examined the above named affiant and that I am the foregoing statements were given by her voluntarily and of her own free will. _______________________ Investigating Prosecutor
