Judicial Affidavit

Republic of the Philippines) City of Baguio ::::::::::::::::::::::)S.S. X- - - - - - - - - - - - - - - - - - - - - - - X

JUDICIAL COMPLAINT-AFFIDAVIT

I, VICTORIA ANG POGIS, 30 years old, single, residing at 61 Interior, New Lucban, Baguio City after having been sworn to in accordance with the law do hereby depose and state: That Fiscal ANTONIO L. BASUNGIT JR. is the counsel who conducted and supervised my examination as the complainant at his office at Provincial Prosecutor‟s Office, Baguio City, Philippines; That I am answering the questions herein fully conscious that I do so under oath and that I may be criminally liable for false testimony or perjury; PURPOSE

This affidavit of complainant VICTORIA ANG POGIS is being offered to prove that the accused KARLA M. BUNGANGERA knowingly, unlawfully and feloniously uttered in a serious and insulting manner at the undersigned complainant the following words: (“PUTA KA! INAGAW MO ASAWA KO, PALAGI KAYONG NAGLALANDIAN SA ILALIM NG BAHAY NAMIN”). You are a whore! You stole my husband! You are always flirting with each other under our house, which utterances are serious and insulting in nature, tending to cause dishonor, discredit and contempt of undersigned complainant . The following are the Questions propounded by Fiscal Antonio L. Basungit Jr. and my answers in English language: Q1: A1:

Do you swear to tell the truth and nothing but the truth? Yes Sir. Sir.

Q2:

Are you the same Victor Ang Pogi, the private complainant in this case for ORAL DEFAMATION as defined and penalized under Article 353 in relation to Article 358 of the Revised Penal Penal Code of the Philippines now pending before before the Regional Trial Court, Branch 1 of Baguio City, Philippines? Yes Sir. Sir.

A2: Q3: A3:

What is your highest educational attainment? Graduate of the University of the Cordillera‟s of Bachelor of Science In Accountancy Accountancy and passed the board board examination examination on June 15, 2005.

Q4: A4:

Do you personally know the accused in this case, Mrs Karla M. Bungangera? Yes Sir. Sir.

Q5: A5:

Can you tell us why you personally know Mrs Bungangera? She also lives lives in Interior, New New Lucban, Lucban, Baguio City. City. She is our neighbor neighbor and their their house is just beside our house. We are friends since I was a child.

Q6:

Where were you on February 10, 2014 at about 10:00 o‟clock in the morning?

A6: Q7: A7:

I was walking home at that time after I had visited my friend Jen Pong at 21 Interior, New Lucban, Baguio City. Who was with you during that time you were walking home? I was with with my other friend, June June Mayor.

Q8: A8:

What transpired during that time? I was heading home at Irisan, Baguio City when I met my neighbor, neighbor, KARLA M. BUNGANGERA, who, without me saying anything, to my surprise intentionally shouted (“PUTA KA! INAGAW MO ASAWA K O, PALAGI KAYONG NAGLALANDIAN SA ILALIM NG BAHAY NAMIN”). You are a whore! You stole my husband! You are always flirting with each other under our house. It was uttered a lot of times and was heard by my neighbors and my friend June Mayor.

Q9: A9:

When she shouted at you, what did you do? I didn‟t do anything Sir . I could not do anything.

Q10: What did your friend June June Mayor do? A10: He did nothing nothing too. too. We both both could do do nothing. nothing. Q11: Why do you say that you couldn‟t do anything? A11: Because I was in the state of shock and she was very angry. Q12: Why do you say that she was angry during that time? A12: Because when when he got out of their house, he was was swearing and he seemed seemed to be pissed off of something. Q13: Was Karla Bungangera drunk at that time? A13: No Sir. Sh Sh e didn‟t smell or look like she was drunk. Q14: Can you tell us if she has any other intention why why she uttered those words? A14: The statement statement was uttered by Karla M. Bungangera Bungangera publicly and clearly prompted not by any sense of moral duty but by personal ill-will, spite and/or malice with the object of destroying my reputation and discrediting and ridiculing me as an individual before the bar of public opinion and contempt. Q15: Why do you say that such utterances of those words are for that intention? A15: Because her her husband was was my lover when they are are not yet married and when when her husband was drunk at the evening of December 25, 2013, he shouted that he still love me which Mrs Karla Bungangera and our neighbors also heard. Q16:

Aside from the incident that happened last February 10, 2014, was there any other incident of shouting unfavourable words at you? A16: Yes Sir. Sir. . Q17: Can you you tell us what what happened and when when it happened? A17: On January 11, 2014 more or less 3:00 o‟ clock in the afternoon, in front of the Barangay Hall of New Lucban, Baguio City. While I was passing by the Barangay Hall, I saw Karla M. Bungangera came out from the Barangay Hall. She walk towards me and told me that (“lubayan mo ang asawa ko , at lumipat ka na sa ibang lugar”) “stay away from my husband, and and move to another place”. Q18: What did you do? A18: I tried to calm calm myself myself and left the the scene with a humiliated humiliated face. Q19: Did anybody see the incident? A19: Yes Sir, Sir, our Barangay Barangay Captain Captain Monkey Monkey D. Luffy. Luffy.

A6: Q7: A7:

I was walking home at that time after I had visited my friend Jen Pong at 21 Interior, New Lucban, Baguio City. Who was with you during that time you were walking home? I was with with my other friend, June June Mayor.

Q8: A8:

What transpired during that time? I was heading home at Irisan, Baguio City when I met my neighbor, neighbor, KARLA M. BUNGANGERA, who, without me saying anything, to my surprise intentionally shouted (“PUTA KA! INAGAW MO ASAWA K O, PALAGI KAYONG NAGLALANDIAN SA ILALIM NG BAHAY NAMIN”). You are a whore! You stole my husband! You are always flirting with each other under our house. It was uttered a lot of times and was heard by my neighbors and my friend June Mayor.

Q9: A9:

When she shouted at you, what did you do? I didn‟t do anything Sir . I could not do anything.

Q10: What did your friend June June Mayor do? A10: He did nothing nothing too. too. We both both could do do nothing. nothing. Q11: Why do you say that you couldn‟t do anything? A11: Because I was in the state of shock and she was very angry. Q12: Why do you say that she was angry during that time? A12: Because when when he got out of their house, he was was swearing and he seemed seemed to be pissed off of something. Q13: Was Karla Bungangera drunk at that time? A13: No Sir. Sh Sh e didn‟t smell or look like she was drunk. Q14: Can you tell us if she has any other intention why why she uttered those words? A14: The statement statement was uttered by Karla M. Bungangera Bungangera publicly and clearly prompted not by any sense of moral duty but by personal ill-will, spite and/or malice with the object of destroying my reputation and discrediting and ridiculing me as an individual before the bar of public opinion and contempt. Q15: Why do you say that such utterances of those words are for that intention? A15: Because her her husband was was my lover when they are are not yet married and when when her husband was drunk at the evening of December 25, 2013, he shouted that he still love me which Mrs Karla Bungangera and our neighbors also heard. Q16:

Aside from the incident that happened last February 10, 2014, was there any other incident of shouting unfavourable words at you? A16: Yes Sir. Sir. . Q17: Can you you tell us what what happened and when when it happened? A17: On January 11, 2014 more or less 3:00 o‟ clock in the afternoon, in front of the Barangay Hall of New Lucban, Baguio City. While I was passing by the Barangay Hall, I saw Karla M. Bungangera came out from the Barangay Hall. She walk towards me and told me that (“lubayan mo ang asawa ko , at lumipat ka na sa ibang lugar”) “stay away from my husband, and and move to another place”. Q18: What did you do? A18: I tried to calm calm myself myself and left the the scene with a humiliated humiliated face. Q19: Did anybody see the incident? A19: Yes Sir, Sir, our Barangay Barangay Captain Captain Monkey Monkey D. Luffy. Luffy.

Q20: What did Mr Luffy do? A20: She shouted shouted at Mrs Bungangera Bungangera and told her to stop? Q21: What did Mrs Bungangera do when Captain Luffy told her to stop? A21: He just laughed laughed and said in ilocano ilocano words words to q uote “nagatel ka nga babae”. Then she left. Q22: What did you do then? A22: I left left the scene scene and went went home. Q23: And then, what happened next? A23: When I got home I told my mother about the incident and then we reported the incident to police Station 7 in Baguio City. Q24: Do you have any proof of all your allegations? A24: I have my witnesses witnesses Sir, my friend friend June Mayor and Captain Captain Luffy. Q25: Do you have their affidavit to support your allegations? A25: Yes, Sir, Sir, I have. Q26: Is this the affidavits you are speaking of? A26: Yes, Sir. Attached to this Judicial Judicial Affidavit Affidavit is an original original copy of the affidavit affidavit of June Mayor and Captain Luffy marked as Exhibit “A” and “B” respectively. Q27: Are there any effect of the utterance of those words by Mrs Karla Bungangera on February 10 and 11, 2014? A27: Yes Sir. The ill-effects ill-effects of the malicious utterances utterances are shown by the negative negative responses that I have received from my neighbors, especially my friends and family, expressing belief in accused baseless allegations as shameful, heinous and unequivocally barbaric-all to my damage and prejudice; Q28: Is that all? A28: That by reason of the foregoing, foregoing, I suffered sleepless nights, wounded wounded feelings, moral and social embarrassment which accused should compensate by way of moral damages which is the natural, proximate and necessary result of the malicious utterance in the amount of not less than One Hundred Thousand Pesos (Php100,000.00). Q29: Is there anything else you want want to say or add to your statement Miss Pogis? A29: None None Sir.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 14th day of February 2014 at Baguio City, Philippines.

VICTORIA POGIS Private Complainant

SUBSCRIBED AND SWORN to before me this 14 th day of February 2014 at Butuan City, Philippines. Complainant personally came and appeared with his Passport I.D. no 273616378 issued on October 23, 2013 at Baguio City Benguet, 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.

ANTONIO L. BASUNGIT JR. Asst. Provincial Prosecutor Detailed PPO-Baguio City MCLE Compliance No. IV 000000 Officer-in-Charge

ATTESTATION OF COUNSEL

I, ANTONIO L. BASUNGIT JR., Asst. Provincial Prosecutor, Detailed PPOBaguio City, Philippines, after having been sworn to in accordance with the law do hereby depose and say: 1. That I have faithfully recorded or caused to be recorded the questions I asked and the corresponding answers that complainant, Victoria Pogis, gave; 2. That I have not, nor any other person present or assisting coached the witness regarding the witness‟ answers; and 3. That I fully understand that any false attestation shall subject me to disciplinary action, including disbarment. IN WITNESS WHEREOF, I have hereunto affixed my signature this 14 th day of February 2014 Baguio City, Philippines.

ANTONIO L. BASUNGIT JR. Counsel for the State

SUBSCRIBED AND SWORN to before me this 14 th day of February 2014 at Baguio City, Philippines.

ATTY. LAIRD DIO URBANOZO Public Attorney IV Public Attorney‟s Office Baguio City MCLE Compliance No. IV 000000 Officer-in-Charge


JUDICIAL COMPLAINT-AFFIDAVIT

I, JESSA F. SEXY, 11 years old, single, residing at 62 Interior, New Lucban, Baguio City after having been sworn to in accordance with the law do hereby depose and state: That Fiscal ANTONIO L. BASUNGIT JR. is the counsel who conducted and supervised my examination as the complainant at his office at Provincial Prosecutor‟s Office, Baguio City, Philippines; That I am answering the questions herein fully conscious that I do so under oath and that I may be criminally liable for false testimony or perjury; PURPOSE

This affidavit of complainant JESSA F. SEXY is being offered to prove that the respondent JESSIE D. HEARTTHROB knowingly, unlawfully and feloniously have carnal knowledge with the complainant against her will and consent, to her damage and prejudice. The following are the Questions propounded by Fiscal Antonio L. Basungit Jr. and my answers in English language: Q1: A1:

Do you swear to tell the truth and nothing but the truth? Yes Sir.

Q2:

A2:

Are you the same JESSA F. SEXY, the private complainant in this case for RAPE as defined and penalized under the Revised Penal Code of the Philippines now pending before the Regional Trial Court, Branch 1 of Baguio City, Philippines? Yes Sir.

Q3: A3:

What is your highest educational attainment? I am still in grade 5 elementary education.

Q4: A4:

Do you personally know the accused in this case, Mr Jessie D. Heartthrob? Yes Sir.

Q5: A5:

Can you tell us why you personally know Mr Heartrob? She also lives Interior, New Lucban, Baguio City. He is our neighbor and their house is just beside our house.

Q6: A6:

Where were you on February 12, 2014 at about 8:00 o‟clock in the evening? I was walking home at that time after I had visited my friend Jen Pongit at 22 Interior, New Lucban, Baguio City.

Q7: A7:

Who was with you during that time you were walking home? I was alone.

Q8: A8:

What transpired during that time? I heard the accused whistle for me and that I went to the accused, thinking that he was going to send me on an errand, whereupon, the accused brought me near a bench in the yard, and told me to remove my underwear, otherwise he would kill me;

Q9: A9:

When she told you that, what did you do? I didn‟t do anything Sir. I could not do anything.

Q10: Why do you say that you couldn‟t do anything? A10: Because I was so afraid and he was pointing a knife to my chest. Q11: Was Jessie D. Heartthrob drunk at that time? A11: No Sir. She didn‟t smell or look like she was drunk. Q12: What happened next? A12: That the accused then embraced me, pulled out his penis and inserted his penis into my vagina. The accused also prompted to wrap my legs around his midsection. All the while, the accused kept on threatening me that (“Sasaktan kita kung papalag ka o kung isusumbong mo ito kahit kanino”) “I will hurt you if you resist or if you tell anyone about this”. Q13: What happened next? A13: That while in this position, my mother, JESSICA F. SEXY , saw what was being done to me, whereupon, the accused upon seeing my mother, put me down and grabbed a piece of wood, telling my mother that he was trying to kill some rats. Q14: What did your mother do after that? A14: My mother got angry and she pulled me inside the house and spanked me so that I would tell the truth about what was going on. Q15: Did you tell your mother the truth? A15: Yes Sir. Q16: What happened next? A16: I was brought by my mother to the Baguio General Hospital where I was physically examined, and after which, members of the local police asked me some questions about the incident. Q17: Do you have any proof of all your allegations? A17: I have my witnesses Sir, my mother, Jessica F. Sexy. Q18: Do you have any medical certificate to support your allegations? A18: Yes, Sir, I have. Attached to this Judicial Affidavit is an original copy of the medical certificate marked as Exhibit “A”. Q19: Based on this medical certificate you are showing to us that you are sexually abused? A19: Yes, Sir, I was actually incapable to join my classes at Magsaysay Elementary School for more than a week due to the pain that I suffered. The next day after the incident I had bruises and it was absolutely difficult for me to stand. Q20: Who issued this medical certificate? A20: It was Dr Carla H. Hipo, Medical Officer III at Baguio General Hospital. Q21: Whose signature is this in the medical certificate?

A22:

My doctor, Sir, Dr. Carla H. Hipo.

Q22: Why did you say that it was Dr. Hipo who signed it? A22: Because I was in front of her when she signed the medical certificate. Q23: Do you have anything else to say, Ms Sexy? A23: None Sir. IN WITNESS WHEREOF, I have hereunto affixed my signature this 14th day of February 2014 at Baguio City, Philippines.

JESSA F. SEXY Private Complainant

SUBSCRIBED AND SWORN to before me this 14 th day of February 2014 at Butuan City, Philippines. Complainant personally came and appeared with his Passport I.D. no 273616378 issued on October 23, 2013 at Baguio City Benguet, 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.



I, ANTONIO L. BASUNGIT JR., Asst. Provincial Prosecutor, Detailed PPOBaguio City, Philippines, after having been sworn to in accordance with the law do hereby depose and say: 1. That I have faithfully recorded or caused to be recorded the questions I asked and the corresponding answers that complainant, Victoria Pogis, gave; 2. That I have not, nor any other person present or assisting coached the witness regarding the witness‟ answers; and 3. That I fully understand that any false attestation shall subject me to disciplinary action, including disbarment. IN WITNESS WHEREOF, I have hereunto affixed my signature this 14 th day of February 2014 Baguio City, Philippines.




Republic of the Philippines) City of Baguio ::::::::::::::::::::::)S.S. X- - - - - - - - - - - - - - - - - - - - - - - X JUDICIAL COMPLAINT-AFFIDAVIT

I, MAYA D. MOYO , 35 years old, married, residing at 66 Interior, New Lucban, Baguio City after having been sworn to in accordance with the law do hereby depose and state: That Fiscal ANTONIO L. BASUNGIT JR. is the counsel who conducted and supervised my examination as the complainant at his office at Provincial Prosecutor‟s Office, Baguio City, Philippines; That I am answering the questions herein fully conscious that I do so under oath and that I may be criminally liable for false testimony or perjury; PURPOSE

This affidavit of complainant MAYA D. MOYO is being offered to prove that the three accused JACK D. RIPPER, KEN D. RIPPER AND JOHN D. RIPPER knowingly, unlawfully and feloniously attack, assault and stab JAMES F. MOYO with the use of a hunting knife, in a sudden and unexpected manner while the latter was unaware and defenseless, thereby inflicting upon the body of said JAMES F. MOYO several stab wounds which caused her immediate death. The following are the Questions propounded by Fiscal Antonio L. Basungit Jr. and my answers in English language: Q1: A1:

Do you swear to tell the truth and nothing but the truth? Yes Sir.

Q2:

Are you the same Maya D. Moyo, the private complainant in this case for MURDER as defined and penalized under the Revised Penal Code of the Philippines now pending before the Regional Trial Court, Branch 1 of Baguio City, Philippines? Yes Sir.

A2: Q3: A3:

What is your highest educational attainment? Graduate of the University of the Cordillera‟s of Bachelor of Science In Engineering and passed the board examination on June 15, 2003.

Q4:

Do you personally know the three accused in this case, Mr Jack D. Ripper, Ken D. Ripper, and John D. Ripper? Yes Sir.

A4: Q5: A5:

Can you tell us why you personally know them? They also live in Interior, New Lucban, Baguio City. They are brothers and our neighbor, their houses are just beside our house.

Q6: A6:

Where were you on February 11, 2014 at about 9:00 o‟clock in the eve ning? I was walking home at that time after I had visited my friend Jen Pongit at 22 Interior, New Lucban, Baguio City.

Q7: A7:

Who was with you during that time you were walking home? My husband, JAMES F. MOYO.

Q8: A8:

What transpired during that time? We were peacefully walking and minding our business when the three accused having a drinking session in the Supsupan store started to shout and heckle at me and my husband for no apparent reason.

Q9: A9:

What did you do? My husband wanted to speak his mind but I convinced him to walk away as there were three of them and he could not fight them alone.

Q10: What happened next? A10: While we were walking away, their oldest brother, Jack D. Ripper , shouted (“huwag mo kaming talikuran, hind i porke kasama mo asawa mo e aatrasan ka namin”) “Don‟t turn your back on us, Don‟t think that just because you‟re with your wife that we will back down”; Q11: What did you and husband do? A11: we were trying to get away from the store in order to avoid trouble, two of the brothers of JACK D. RIPPER , namely KEN D. RIPPER , and JOHN D. RIPPER held my husband so as to prevent him from fighting back and they kept on pushing me away as I was trying to help my husband which consequently caused me to lose my balance and fall down on the pavement, breaking my ankle and leaving me incapacitated. Q12: What happened next? A12: That the accused then embraced me, pulled out his penis and inserted his penis into my vagina. The accused also prompted to wrap my legs around his midsection. All the while, the accused kept on threatening me that (“Sasaktan kita kung papalag ka o kung isusumbong mo ito kahit kanino”) “ I will hurt you if you resist or if you tell anyone about this”. Q13: What happened next? A13: I was helpless to help my husband and while he was struggling to break free, KEN D. RIPPER said to JACK D. RIPPER, “banatan mo na „to para din a pumalag”, and then I saw JOHN D. RIPPER hand over a knife to JACK D. RIPPER which he used to repeatedly stab my husband which he then passed on to KEN D. RIPPER and JOHN D. RIPPER, both of whom continued stabbing my husband until he was already unable to move. Q14: What did you do then? A14: While they were stabbing my husband I was shouting frantically for help from anyone nearby to which some barangay tanods came to the rescue which caused the group of JACK D. RIPPER to flee the scene. Q15: What happened next? A15: The tanods brought us to Baguio General Hospital where we were physically examined, and after which the Dr. said that my husband was dead on arrival. The members of the local police asked me some questions about the incident. Q16: Do you have any proof of all your allegations? A16: I have my witness Sir, the supsupan store owner, Jed a. Artekero. Q17: Do you have any medical certificate to support your allegations? A17: Yes, Sir, I have. Attached to this Judicial Affidavit is an original copy of the medical certificate marked as Exhibit “A”.

Q18: Based on this medical certificate you are showing to us that my husband suffered from multiple stab wound which led to his immediate death? A18: Yes, Sir. Q19: Who issued this medical certificate? A19: It was Dr MARK S. TINUK, Medical Officer III at Baguio General Hospital. Q20: Whose signature is this in the medical certificate? A20: My doctor, Ma‟am, Dr. MARK S. TINUK. Q21: Why did you say that it was Dr. Hipo who signed it? A21: Because I was in front of hIm when she signed the medical certificate. Q22: Do you have anything else to say, Ms Moyo? A22: None Sir. IN WITNESS WHEREOF, I have hereunto affixed my signature this 14th day of February 2014 at Baguio City, Philippines.

MAYA D. MOYO Private Complainant

SUBSCRIBED AND SWORN to before me this 14 th day of February 2014 at Baguio City, Philippines. Complainant personally came and appeared with his Passport I.D. no 273616378 issued on October 23, 2013 at Baguio City Benguet, 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.



I, ANTONIO L. BASUNGIT JR., Asst. Provincial Prosecutor, Detailed PPOBaguio City, Philippines, after having been sworn to in accordance with the law do hereby depose and say: 1. That I have faithfully recorded or caused to be recorded the questions I asked and the corresponding answers that complainant, MAYA MOYO, gave; 2. That I have not, nor any other person present or assisting coached the witness regarding the witness‟ answers; and 3. That I fully understand that any false attestation shall subject me to disciplinary action, including disbarment. IN WITNESS WHEREOF, I have hereunto affixed my signature this 14 th day of February 2014 Baguio City, Philippines.




Republic of the Philippines) City of Baguio ::::::::::::::::::::::)S.S. X- - - - - - - - - - - - - - - - - - - - - - - X JUDICIAL COMPLAINT-AFFIDAVIT

I, VINS T. INOCENTE, 30 years old, single, residing at 1 Interior, New Lucban, Baguio City after having been sworn to in accordance with the law do hereby depose and state: That Fiscal ANTONIO L. BASUNGIT JR. is the counsel who conducted and supervised my examination as the complainant at his office at Provincial Prosecutor‟s Office, Baguio City, Philippines; That I am answering the questions herein fully conscious that I do so under oath and that I may be criminally liable for false testimony or perjury; PURPOSE

This affidavit of complainant VINS T. INOCENTE is being offered to prove that the respondent JIM N. LOOK knowingly, unlawfully and feloniously defrauded First ATM Loans and Credit Corporation (FALCC). Complainant will prove that respondent deceitfully collected and received loan payments without remitting the same to the appointed cashier and thereafter or simultaneously therewith took and misappropriated the amounts. The following are the Questions propounded by Fiscal Antonio L. Basungit Jr. and my answers in English language: 1. Q. Please state your name and other personal circumstances for the record. A. VINS T. INOCENTE. 2. Q. Are you the VINS T. INOCENTE, the complainant in this case? A. Yes Sir 3. Q. Do you know a certain JIM N. LOOK? A. Yes Sir. He is a resident of #123 Mabini St. Baguio City worked for First ATM Loans and Credit Corporation (FALCC) as a collector from January 1, 2012 up to his suspension on January 15, 2013. 4. Q. What are his duties in said company? A. His duties, among others, are to collect payments of loans for and in behalf of FALCC; to issue official receipts; and to remit the same to the company-designated cashier. 5. Q. How did he deceive you or defraud you? A. He created two dummy accounts in the name of “ KIM IL SUNG ” and “KIM CHIU IL”, and had the loans approved with the purported names or accounts and thereafter received, took and misappropriated the said loan amounts. 6. Q. What did you do after that?

A. I sent formal demand on JANUARY 30, 2014 to Mr. KIM JONG IL demanding that he return the amount of Two Hundred Thousand Five Hundred Sixty Three Pesos and 28/100 (P200,563.28) within five (5) days from his receipt thereof. But despite such demand, he failed, refused and still fails and refuses, to return the same. 7. Q. Is this the demand letter you are talking about? A. Yes. 8. Q. I am marking this as ANNEX A. Do you affirm my action? A. Yes. 9. Q. I am also marking as ANNEX B Affidavits executed by different clients of First ATM Loans and Credit Corporation (FALCC) stating that indeed they paid to Mr. KIM JONG IL certain amounts as part of their loans to the Corporation with the expectation that Mr. VINS T. INOCENTE will remit the same, do you affirm my action? A.. Yes Sir. 10. Q. Did you also cause an investigation of the matter? A. Yes sir, as per our continuous investigation, to date, Mr. VINS T. INOCENTE has carried away a total amount of Two Hundred Twenty Three Thousand, Two Hundred Fifty Php 223,250.00 to the damage and prejudice of First ATM Loans and Credit Corporation (FALCC). IN WITNESS WHEREOF, I have hereunto affixed my signature this 14th day of February 2014 at Baguio City, Philippines.

VINS T. INOCENTE Private Complainant




I, ANTONIO L. BASUNGIT JR., Asst. Provincial Prosecutor, Detailed PPOBaguio City, Philippines, after having been sworn to in accordance with the law do hereby depose and say: 1. That I have faithfully recorded or caused to be recorded the questions I asked and the corresponding answers that complainant, VINS T. INOCENTE, gave; 2. That I have not, nor any other person present or assisting coached the witness regarding the witness‟ answers; and 3. That I fully understand that any false attestation shall subject me to disciplinary action, including disbarment. IN WITNESS WHEREOF, I have hereunto affixed my signature this 14 th day of February 2014 Baguio City, Philippines.



ATTY. LAIRD DIO URBANOZO Public Attorney IV Public Attorney‟s Office , Baguio City MCLE Compliance No. IV 000000 Officer-in-Charge


JUDICIAL COMPLAINT- AFFIDAVIT

I, JAKE S. CUNGA, 30 years old, single, residing at 1 Interior, New Lucban, Baguio City after having been sworn to in accordance with the law do hereby depose and state: That Fiscal ANTONIO L. BASUNGIT JR. is the counsel who conducted and supervised my examination as the complainant at his office at Provincial Prosecutor ‟s Office, Baguio City, Philippines; That I am answering the questions herein fully conscious that I do so under oath and that I may be criminally liable for false testimony or perjury; PURPOSE

This affidavit of complainant JAKE S. CUNGA is being offered to prove that the respondent ANDRESS L. MABINI knowingly, unlawfully and feloniously defrauded Complainant and therefore to be charged under BP. No. 22. Complainant will prove that respondent issued and delivered the said check and made the assurance and representation that the said check is a good check and would be covered by sufficient funds when presented for payment

The following are the Questions propounded by Fiscal Antonio L. Basungit Jr. and my answers in English language: 1. Q. Please state your name and other personal circumstances for the record. A. JAKE CUNGA. 2. Q. Are you the same JAKE CUNGA, the complainant in this case? A. Yes Sir 3. Q. Do you know a certain STEPHEN B. OGUT? A. STEPHEN B. OGUT is a resident #69 Grande Island Magsaysay Road, Baguio City, Philippines. He had a debt to me. 4. Q. What when is the debt due? A. On October 19, 2013 Sir. 5. Q. And at the due date did he pay? A. In the morning of October 19, 2012 at McDonalds, Centermall, Baguio City, Philippines, Andress, issued in my favor a check from Metrobank, Check No. 123451234 in the amount of Two Hundred Thousand Pesos (Php 200,000) as supposed payment for the loan accommodation of the same amount, which I have extended to him.

6. Q. What did you do after you received the check? A. I deposited it but the same was dishonored and returned by the bank on the ground that the same was drawn against a “CLOSED ACCOUNT.”

7. Q. Is this the check that was dishonored? A. Yes sir 8. Q. I am now marking this check as ANNEX A, do u affirm my action? A. Yes sir. 9. Q. What did you do after the check was dishonored? A. I immediately notified ANDRESS of the dishonor and return of the said check and demanded from him that he make good the said check within FIFTEEN (15) days from receipt thereof 10. Q. Is this the demand letter you sent to him? A. Yes sir 11. Q. I am now marking this demand letter as ANNEX B, do you affirm my action? A. Yes sir. 12. Q. What happened after you demanded him to make good the check? A. He failed to heed my demands; I endorsed the said check to my legal counsel who immediately sent a formal demand letter through registered mail with return card on January 5, 2014, which was personally received by the said Respondent on January 15, 2014. As of date however, the Respondent has unjustifiably ignored all these demands to pay the said account and/or to redeem the said returned check. 13. Q. Is the demand letter that was sent to him by your counsel? A. Yes sir. 14 Q. I am now marking this demand letter as ANNEX C, do you affirm my action? A. Yes sir. IN WITNESS WHEREOF, I have hereunto affixed my signature this 14th day of February 2014 at Baguio City, Philippines.

JAKE S. CUNGA Private Complainant

SUBSCRIBED AND SWORN to before me this 14 th day of February 2014 at Butuan City, Philippines. Complainant personally came and appeared with his Passport I.D. no 8786554433 issued on October 23, 2013 at Baguio City Benguet, 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.



I, ANTONIO L. BASUNGIT JR., Asst. Provincial Prosecutor, Detailed PPOBaguio City, Philippines, after having been sworn to in accordance with the law do hereby depose and say: 1. That I have faithfully recorded or caused to be recorded the questions I asked and the corresponding answers that complainant, VINS T. INOCENTE, gave; 2. That I have not, nor any other person present or assisting coached the witness regarding the witness‟ answers; and 3. That I fully understand that any false attestation shall subject me to disciplinary action, including disbarment. IN WITNESS WHEREOF, I have hereunto affixed my signature this 14 th day of February 2014 Baguio City, Philippines.




Republic of the Philippines) City of Baguio ::::::::::::::::::::::)S.S. X- - - - - - - - - - - - - - - - - - - - - - - X JUDICIAL COMPLAINT- AFFIDAVIT

I, JOEL M. TOR, 30 years old, single, residing at 1 Interior, New Lucban, Baguio City after having been sworn to in accordance with the law do hereby depose and state: That Fiscal ANTONIO L. BASUNGIT JR. is the counsel who conducted and supervised my examination as the complainant at his office at Provincial Prosecutor‟s Office, Baguio City, Philippines; That I am answering the questions herein fully conscious that I do so under oath and that I may be criminally liable for false testimony or perjury; PURPOSE

This affidavit of complainant JOEL M. TOR is being offered to prove that the respondent PEDRO S PENDUCO knowingly, unlawfully and feloniously recruited the complainant. Complainant will prove that respondent gave the distinct impression that he had the power or ability to send me abroad for work such that I was convinced to part with my hard-earned money in order to be deployed, I am hereby filing this complaint against the Respondents for Illegal Recruitment or the violation of the provisions of Republic Act 8042. The following are the Questions propounded by Fiscal Antonio L. Basungit Jr. and my answers in English language: 1. Q. Please state your name and other personal circumstances for the record. A. JOEL M TOR Sir. 2. Q. Are you the same JOEL M. TOR, the complainant in this case? A. Yes Sir 3. Q. Where were you recruited? A. I was recruited to work as a Maintenance Engineer in MOBIL ONE‟s Oil Refinery located in the Kingdom of Saudi Arabia. 4. Q. What did you do next? A. I promptly replied to after reading it in the “Philippine Daily Inquirer” classified ads section. 5. Q. What happened next? A. I went to Manpower‟s office with all the necessary documents as stated in their advertisement, located at #69 Magsaysay Road, Baguio City, I was scheduled for an immediate interview by a certain PEDRO S. PENDUCO. 6. Q. What happened in the interview?

A. During the interview, PEDRO S. PENDUCO boasted about the thousands of workers which he has already sent to various countries in the Middle East as shown by Manpower‟s supposed numerous awards and citations posted on the walls of the office of the said interviewer. 7. Q. What happened after the interview? A. After the interview, I was informed that I had all the necessary requirements except the mandatory placement fee of One Hundred Thousand Pesos (Php 100,000.00) which they required as soon as I was able to pay such amount. 8. Q. What did you do after that? A. That after a month thereafter, or on January 03, 2014, I was able to raise such amount through various loans from my relatives which I promptly paid to Manpower through PEDRO S. PENDUCO 9. Q. What did you do after you paid? A. After such payment I was scheduled to return for my employment papers and other credentials after a week, or on January 10, 2014. 10. Q. What happened when you returned? A. After returning a week later, I was shocked to discover that the offices of Manpower were already abandoned and that there wasn‟t a trace to be found of the said agency 11. Q. What did you do after that? A. I learned, after inquiring about Manpower‟s authority to conduct such recruitment services from the Department of Labor and Employment (DOLE), that it was never issued a valid license or authority to engage in recruitment and placement by the Secretary of Labor and Employment nor did such agency exist in their records 12. Q. And what else did you find out? A. I learned that similar complaints have been filed against the said company and specifically its proprietor Mr. PEDRO S PENDUCO, by other victims for their illegal activities.


JOEL M. TOR Private Complainant

SUBSCRIBED AND SWORN to before me this 14 th day of February 2014 at Baguio City, Philippines. Complainant personally came and appeared with his Passport I.D. no 273616378 issued on October 23, 2013 at Baguio City Benguet, 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.



I, ANTONIO L. BASUNGIT JR., Asst. Provincial Prosecutor, Detailed PPOBaguio City, Philippines, after having been sworn to in accordance with the law do hereby depose and say: 1. That I have faithfully recorded or caused to be recorded the questions I asked and the corresponding answers that complainant, JOEL M. TOR, gave; 2. That I have not, nor any other person present or assisting coached the witness regarding the witness‟ answers; and 3. That I fully understand that any false attestation shall subject me to disciplinary action, including disbarment. IN WITNESS WHEREOF, I have hereunto affixed my signature this 14 th day of February 2014 Baguio City, Philippines.




Republic of the Philippines) City of Baguio ::::::::::::::::::::::)S.S. X- - - - - - - - - - - - - - - - - - - - - - - X JUDICIAL COMPLAINT- AFFIDAVIT

I, BONG G. NABBARO, 30 years old, single, residing at 1 Interior, New Lucban, Baguio City after having been sworn to in accordance with the law do hereby depose and state: That Fiscal ANTONIO L. BASUNGIT JR. is the counsel who conducted and supervised my examination as th e complainant at his office at Provincial Prosecutor‟s Office, Baguio City, Philippines; That I am answering the questions herein fully conscious that I do so under oath and that I may be criminally liable for false testimony or perjury; PURPOSE

This affidavit of complainant BONG G. NABBARO is being offered to prove that the respondent DENISS J. CORNETTO knowingly, unlawfully and feloniously inflicted physical injuries to the complainant. Complainant will prove that respondent mauled the complainant without any reason thereof and is now charging the complainant of physical injuries. The following are the Questions propounded by Fiscal Antonio L. Basungit Jr. and my answers in English language:

1. Q. Please state your name and other personal circumstances for the record. A. BONG G. NABARRO Sir.

2. Q. Are you the same BONG G. NABARRO, the complainant in this case? A. Yes Sir

3. Q. How did it all start? A. That sometime on January 2, 2014, at about 6:30 p.m., while I was going home from work, I passed by some people drinking alcohol along the street.

4. Q. What happened then? A. while passing through, by accident I was pushed by one of them while he was moving backward and I refer to the one who bumped me as a certain Ms. Deniss J. Cornetto.

5. Q. What did you do? A. Inorder to prevent an escalation of the situation I apologized to her, then I assumed this settled the dispute

6. Q. What happened next? A. After a while his companion, a certain SEDDRIC A. TEA , aka “Gwapo”, asked me what was my problem and I told him there is none. Then he said, (“Di pa tapos and atraso mo sa amin ng misis ko,”) Your fault to me and wife has not been settled yet. Which I completely knew nothing about.

7. Q. What happened after he talked to you? A. Tmmediately after this his companion in drinking buddies held my hands, neck and legs.

8. Q. What did you do after they held your hands, neck and legs? A. That I told them I will not fight but they did not listen and together they boxed and mauled me on different parts of my body causing me a lot of injuries and they also used iron pipe to strike me to which I suffered a 10-inch wound in my head, a fractured left leg and two broken ribs due to the severe beating, and I have was hospitalized for 16 days and advised to get a complete rest for 4 weeks or more until my leg brace will be removed and my ribs will be completely healed and I am attaching to this complaint the medical certificates to attest to my wounds and injuries.

9. Q. Is this the Medical Certificate you are talking about? A. Yes sir. 10. Q. I am now marking this as ANNEX A, do you affirm my action? A. Yes sir. 11. Q. How did you feel after the beating? A. Because of these physical injuries I was feeling pain all over my body.

12. Q. Did you refer this matter to the Lupon Tagapamayapa? A. Yes sir but the respondents did not appear despite notice.

13. Q. Did you file a complaint after that? A. Yes sir, the complaint certified for filing to the proper government office.


BONG G. NABBARO Private Complainant




I, ANTONIO L. BASUNGIT JR., Asst. Provincial Prosecutor, Detailed PPOBaguio City, Philippines, after having been sworn to in accordance with the law do hereby depose and say: 1. That I have faithfully recorded or caused to be recorded the questions I asked and the corresponding answers that complainant, BONG G. NABBARO, gave; 2. That I have not, nor any other person present or assisting coached the witness regarding the witness‟ answers; and 3. That I fully understand that any false attestation shall subject me to disciplinary action, including disbarment. IN WITNESS WHEREOF, I have hereunto affixed my signature this 14 th day of February 2014 Baguio City, Philippines.




Republic of the Philippines

Cordillera Administrative Region REGIONAL TRIAL COURT First Judicial Region Branch 1 Baguio City PEOPLE OF THE PHILIPPINES ,

- versus -

Crim. Case Nos. 1212

ROD H. DERNA,

Accused. x----------------------------------------x APPLICATION FOR PROBATION ACCUSED, through the undersigned counsel and unto this Honorable Court, most respectfully applies for probation under the provisions of Presidential Decree No. 968 as amended and states that:

1.

On 10 February 2014, accused was convicted of the crime of Malicious Mischief and was sentenced to suffer thirty (30) days imprisonment;

2.

The crime for which the accused was convicted is not an offense against national security or public order;

3.

Accused has not been previously convicted by final judgment of any offense punishable by imprisonment of not less than one month and one day and/or fine of not less than two hundred pesos;

4.

Accused has not been once placed on probation under the provisions of Presidential Decree No. 968, otherwise known as the Probation Law of 1976, as amended;

5.

Accused has all the qualifications and none of the disqualifications to avail of the benefits of the Probation Law.

WHEREFORE, premises considered, it is most respectfully prayed of this Honorable Court that the Application for Probation be referred to the Parole and Probation Officer of Makati City for the requisite post-sentence investigation and thereafter, the application for probation be approved.

Other reliefs just and equitable in the premises are likewise sought. Baguio City, Philippines. February 14, 2014.

ANTONIO L. BASUNGIT JR. Counsel for the Plaintiff Unit 4A, 4th Floor, Porta Vaga Building, Session Road, Baguio City (074) 433-4532/ 09999660283 PTR No. 0811364; 6-22-13/Baguio City Roll of Attorney No. 12018358; 6-22-13/Baguio City IBP Lifetime Membership No. 12322111Baguio-Benguet

Judicial Affidavit

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