Case of Murder
Case of Murder
Case of Murder
DEPAERTMENT OF JUSTICE
NATIONAL POLICE COMMISSION
OFFICE OF THE CITY PROECUTOR
BAGUIO CITY
COMPLAINT: Name, Sex, Age & Address RESPONDENT: Nam, S., A., & Addr.
Annabelle B. Padre Frank Maasim Dulay
Female Male
35 years old 35 years old
# 59 Gabriel Silang, Baguio City # 39 Gabriel Silang Baguio City
1. has a similar complaint filed before any other office? YES ___ NO ___
2. is this complaint a nature of a counter-charge? YES ___ NO ___ if yes
indicate details below
3. Is this complaint related to another case before YES ___ NO ___ if yes,
this office? indicate details below
CERTIFICATION
WE CERTIFY under oath that all the information on this sheet are true and correct to the
best of our knowledge and belief. That we have not commenced any action or filed any claim
involving the same issues in any court, tribunal, or quasi-judicial agency, and that if we should
thereafter learn that a similar action has been filed and/or is pending, we shall report this fact to
this Honorable Court within five (5) days from knowledge thereof.
SUBSCRIBED AND SWORN to before me this 23th day of May 2017, in the City of Baguio,
Philippines.
PO3 CARDO B.
DALISAY
Police Desk Officer
Republic of the Philippines
National Police Commission
PHILIPPINE NATIONAL POLICE
POLICE REGIONAL OFFICE-CORDILLERA
BAGUIO CITY POLICE OFFICER
STATION 4
Loakan Road, Baguio City
MEMORANDUM
FOR : The acting City Director
(Attn: Chief, COU, CIDMU, CIU & TOC)
FROM : Station Commander
SUBJECT : Incident Report on a case of Murder
DATE : May 22, 2017
1. Reference : Blotter Entry No. 0123 on page 045 date May 22, 2017.
2. On May 22, 2017 at around 11:58 A.M inside Miranda’s house located at No. 35 Santa
Escolastica, Hillside, Baguio City. Mariel Miranda, female,35 years old married, and a Lawyer, was
killed with three (3) gunshots on her forehead by two (2) unidentified gunmen wearing bonnet,
leader jacket, black maong pants and a black rubber shoes.
3. Initial investigation disclosed through the witness husband of the victim, Mario Miranda,
male, 40 years old, married and a teacher, stated that the victim was cleaning their leaving room
inside the house when the suspects entered in the house through the sliding window which was
opened and shot the victims three (3) times in her forehead with undetermined calibre of pistols.
After the commission of the crime, the suspects rushed going out and rode a Hyundai van with plate
No. AUV 123. The witness immediately called the police officers of Station 4 who chased the
suspects.
4. Personnel of BCPO Station 4 conducted an investigation to the crime scene at Santa
Escolastica, Hillside Baguio City. The investigators interviewed the witness husband of the victim
Mario Miranda, 30 years old, and teacher. He said that the suspect was rode in Hyundai van with
Plate No. AUV 123, colored black. The police officers who was at the crime scene called the other
personnel of BCPO Station 4 to conduct a check point at Kias LOakan Road. They responded to the
the call and immediately conducted a check point at Kias Loakan Road wherein the suspects was
arrested and identified as Frank MAasim dulay, male, 35 years old, married, construction worker and
a resident of No. 59 Gabriel Silang, Baguio City; Jeff Malayo Malapit, male, married, 38 years old,
business man, and a resident of No.25 Santa EScollastica, Hillside, Baguio City. Police officers
recovered one (1) caliber 9mm, berretta 20 made in US with serial No. PDD 987 and investigation is
still on going for the recovery of other evidences.
5. Progress report will follow.
6. Respectfully submitted for information and reference.
MEMORANDUM
FOR : The acting City Director
(Attn: Chief, COU, CIDMU, CIU & TOC)
FROM : Station Commander
SUBJECT : Progress Report on a case of Murder
DATE : May 22, 2017
1. Reference :
a. Blotter Entry No. 0123 on page 045 dated May 22, 2017; and
b. Incident Report dated May 22, 2017 with subject on a case of Murder.
2. Progress report on a case of Murder that transpired on May 22, 2017 Miranda’s house
located at No. 35 Santa Escolastica, Hillside, Baguio City, wherein the victim is Mariel Miranda,
female,35 years old married, a Lawyer and a resident of No. 35 Santa Escolastica Baguio City.
3. The investigation was conducted by Personnel of BCPO, Station 4 who has the
jurisdiction over the area and immediately conducted a road block because the Hyundai van
used by the suspects was already identified given by the witness and for the arrest of the
suspect along Loakan Road for the possible exit route of the suspects. Investigator receives a
call from the victim’s husband that the suspect was on the Road of Kias, Loakan Baguio City.
Supposedly, the suspects are trying to escape but Police officers are very fast to trapped the
suspects and they arrested the suspects under the grounds of warrantless arrest. Investigators
were informed their rights of the suspects in a dialect they fully speaka and understand.
4. Suspects were Identified as Frank Maasim Dulay, male, 35 years old, construction worker
and a resident of No.59 Gabriel Silang, Baguio City recovered on his possession was cal. 9mm,
Glock 16 with serial number PPD 987 and inserted with magazine loaded with two (2) 9mm live
ammunition; and Jeff Malayo Malapit, male 30 years old, married, business man, and a resident
of No. 25 Santa Escolastica, Hillside, Baguio City, recovered from him was a cal. 9mm pistol,
Glock 16, with serial NO. PPB 101 with inserted magazine loaded with three (3) ammunitions.
The Hyundai van with plate number AUV 123, color black used by the suspects as a get-away
car was brought and impounded at BCPO Station 4, Loakan Road, Baguio City.
5. Case of Murder are being prepared against the suspects.
6. The three (3) empty cartridges were recovered from the crime scene was brought to the
crime Laboratory for comparison examination as to determine what was being used by the
suspects,
7. Respectfully submitted for information and reference.
MEMORANDUM
FOR : The acting City Director
(Attn: TOC, Chief, OPN Unit, CIDMU, Chief, Intel.)
I. AUTHORITY:
1. Blotter Entry No. 0123 on page 045 dated May 22, 2017;
2. Incident Report dated May 22 2017 with subject, Progress Report on a Case of
Murder.
3. Progress Report dated May 22, 2017 on case of Murder;
7. Investigation disclosed through the witness, Mario Miranda, male, 40 years old,
teacher and a resident of No. 35 Santa Escolastica, Hillside, Baguio City, that the victim was
cleaning inside the house when the suspects entered in the through the sliding window which
was opened and shot the victim three (3) time on her forehead with undetermined caliber of
pistols. After the commission of the crime the suspects rushed going out and rode in Hyundai
van with Plate Bo. AVX 4352. The witness immediately called the police officers of Station 4 to
apprehend the suspects.
IV. DISCUSSIONS:
9. The suspect committed the crime of Murder against the victim Mariel Miranda. The
suspect admit the facts and allegations against him that is responsible on the crime committed.
V. CONCLUSION
10. Based on the facts and circumstances of the incident, it is safe to conclude that
the suspect committed the crime of Murder inside the house of the victim at # 25 Santa
Escolastica, Hillside, Baguio City.
VI. RECOMMENDATION:
12. It is recommended that the suspect is prosecuted for the crime of Murder.
QUESTION : 1What brought your presence inside this office at this moment?
ANSWER : I came here to report about the incident were my sister was murdered.
2. Q: I want to inform that your statement will be under oath. Are you willing to tell the truth
but nothing but the truth in this investigation?
A: Yes Sir.
13. Q: What did you do when you saw your sister was already died?
A: I call an ambulance to bring my sister at Baguio General Hospital Sir and we brought
my sister at Hospital but the Doctor said that she was already died Sir.
18. Q: I have no questions to ask, do you have something to add or react from your
statement?
A. None at this moment Sir.
IN WITNESS WHEREOF, we here unto set my hands this 23th day of January 2016, at
Baguio City, Philippines.
ANNABELE BAUTISTA PADRE
Declarant
SUBSCRIBED AND SWORN to before me this 23th day of January 2016, at Baguio City,
Philippines. I further certify that I have examined the declarant and I am convince that she
voluntarily gave her statement and fully understood the same.
COMPLAINT-AFFIDAVIT
I, Mario B. Miranda, 40 years old, married, Filipino citizen, and presently residing at Santa
Escolastica, Hillside Baguio City, after having been sworn to in accordance with law, do hereby
depose and say THAT:
1. I am the husband of the victim, Mariel B. Miranda who was killed inside our house at No.
29 Santa Escolastica, Hillside, Baguio City;
2. On May 22, 2017 at around 11:58 in the morning, I was cooking food for our lunch
while my wife was cleaning inside our leaving room ;
3. The two (2) suspects entered at our house through our sliding window which was
opened. The suspects were wearing bonnet, black leader jacket, black maong pants and black
robber shoes. Once inside, the suspects shot my wife three (3) times on her forehead;
4. When I heard of gunfire I went to the back of our kitchen where it was slightly opened
and I saw the suspect. I did not go to the place where my wife was already shot because the
suspect was still there and I was also afraid to killed;
5. After the suspect shot my wife, they rushed going out and rode a Hyundai van with plate
number AVX 3525;
6. Then I immediately went to the place of my wife where she was shot and I called the
Police Station 4;
7. Few minutes later, the police mobile car came and we brought my wife to Baguio General
Hospital while the other officers cordoned our house where the incident happened and other
investigators chased the suspects;
9. I then came here to report the incident and threated that the suspects was arrested;
10. Police officer approached me and said that the suspects in in their custody. I came to
the police officer to know the identity of the man who killed my sister and police officer said that
was Frank Maasim Dulay,male, 35 years old and a resident of No. 59 Gabriel Silang, Baguio City
and Jeff Malayo Malapit, male, 38 years old , married and a resident of No. 29 Santa Escolastica,
Hillside, Baguio City.
IN WITNESS WHEREOF, I hereunto set my hand this 23rd day of January 2017, at
Baguio City, Philippines.
SUBSCRIBE AND SWORN to before me this 22rd day of May 2017, in the City of
Baguio, Philippines. I further certify that I have examined the affiant and I m convinced that she
voluntarily executed her statement and she fully understood the same.
AFFIDAVIT
I, Mario Bautista Miranda, 40 years old, married, Filipino Citizen and presently residing at
No. @5 Santa EScolastica, Hillside, Baguio City, after having been duly sworn to in accordance
with the law hereby depose and say THAT:
1. I am working as a teacher at Baguio City National High School located at Governor Pack
Road;
2. On May 22, 2017 at around 11:58 am, I was cooking a food for our lunch when I heard a
sound of gun shots inside our leaving room where my wife was cleaning that time;
3. I went to the place of my wife where I then I saw that she was already lying on the floor
having a three shots on her dorehead;
4. I was recall the face of one of the suspects and I identifiend him as Frank Maasim Dulay our
neighbour, 38 years old, married and a resident at NO. 29 Santa Escolastica, Hillside, Baguio City;
6. Then the police officers went to our house to investigate regarding the incident; and
IN WITNESS WHEREOF, I hereunto set my hand this 22th of May 2017 at Baguio City,
Philippines.
SUBSCRIBED AND SWORN to before me this 22th day of May 2017, in the City of
Baguio, Philippines. I further certify that I have examined the affiant and I am convinced
that she voluntarily executed her statement and she fully understood the same.
ARIANA MERCIDEZ
PROSECUTOR
Republic of the Philippines
NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE
BAGUIO CITY POLICE OFFICE
STATION 4
Loakan Road, Baguio City
BOOKING SHEET
(R) THUMB (R) INDEX (R) MIDDLE (R) RING (R) LITTLE
(L) THUMB (L) INDEX (L) MIDDLE (L) RING (L) LITTLE
Republic of the Philippines
National Police Commission
PHILIPPINE NATIONAL POLICE
BAGUIO CITY POLICE OFFICE
STATION 4
Loakan Road, Baguio City
RECEIPT OF EVIDENCE
MEMORANDUM
FOR : The Chief, Crime Laboratory Field Office
Baguio City
(Attn: Chemist Blood Examination)
1. References:
a. Blotter Entry No. 123, page 045 dated May 22, 2017; and
b. Incident Report dated May 22, 2017 with the subject Incident Report: Murder
a. One piece of berretta 20 made in U.S caliber 9mm, colored black with Serial
No. PPD 987 and with markings at the upper receiver and hand grip as ‘PBB
5/22/2017-01;
b. Three pieces of live ammunition for 9mm individual marked as “ PPD
05/22/2017-02 to PPD 05/22/2017-04’’;
4. Investigation disclosed that the victim was cleaning their leaving room when the
suspects entered inside the house through the sliding window which was opened then shot the
victim on her forehead (3) times. The husband of the victim reported the incident that the suspect
rode in the Hyundai van with Plate No. AUV 123, colored black. Personnel of Station 4 conducted
check point and were able to block the suspect in Kias Laokan Road, Baguio City. Police officers
recovered a Cal. 9mm pistol, Berretta 20, with serial no. PDD 987 with inserted magazine loaded
with two live amminitions from Frank Maasim Dulay.
5. The purpose of this request is to determine the serviceability of the subject and to
determine if the firearm and ammunition is match on the evidence submitted by the investigator.
MENARD G. PADILLA
Police Chief Inspector
Attachments:
1. Incident Report
2. Progress report
-versus-
PRELIMINARY DISPOSITION
On sworn statement of Annabelle Padre Miranda dated May 22, 2017 corroborated by statements
of their witness and referred for Inquest Proceedings for today at around 3 in the afternoon, they
accused the respondents, Frank Maasim Dulay and Jeff Malayo Malapit of Murder. Annabelle Miranda
reported that the suspects shot the victim four (4) times on her forehead. The respondents left after
they killed the vctim, Michelle Miranda, 34 years old married and a Lawyer. The witness who saw the
crime, Efren Ofiazia, 30 years old, married, and a wilder reported the incident to his friend, Annabelle
Miranda that his sister was killed, then Annabelle Miranda called the Police officer to investigate the
commission of the crime at No. 35 Santa Escolastica, Hillside, Baguio City. The other police officers
chased the respondents who boarded their get-away vehicle identified as Hyundai van with Plate No.
123 as a result of their arrest and Police Officers recovered the firearm used by the suspects Berretta
with Serial No. 5662 and the vehicle used by the suspects was recovered which impounded to the office
of Station 4 BCPO. The incident happened at around 1:30 PM of May 22, 2107 at Santa Escolastica,
Hillside, Baguio City.
Considering the forgoing, Probable Cause has been sufficiently established against the
respondents to which the responding Information shall be filed forthwith. In the meantime, the
arresting officer is advised to transfer custody over the respondent to Baguio City Jail.
Nicolas d. Cordapia
Inquest Prosecutor
Republic of the Philippines
National Police Commission
PHILIPPINE NATIONAL POLICE
BAGUIO CITY POLICE OFFICE
STATION 4
Loakan Road, Baguio City
DEAR SIR:
Respectfully transmit to your office herein case of Murder that transpired on May 22,
2107 at 11:58 AM at No. 25 Santa Escolastica, Hillside, Baguio City wherein the complainant
was identified as Annabelle Bautista, 40 years old, married, house wife, and a resident of No. 28
Gabriel Silang, Baguio City while the respondents were identified as Frank Maasim Dulay, male,
35 years old, married, construction worker, and a resident of No. 59 Gabriel Silang, Baguio City;
and Jeff Malayo Malapit, male, 38 years old, married, business man, and a resident of No. 29
Santa Escolastica, Hillside, Baguio City who evaded arrest.
Michelle Niranda is a Lawyer at Baguio City while she was cleaning their leaving room
inside the house the suspects dhot the victim three (3) times on her forehead then the suspect
rode in a Hyundai van with Plate No. AVX 123. The Witness Mario Miranda, husband of the
victim reported the incident to the Police Officer of Station 4, Personnel of Station 4 conducted a
check point and they arrested the suspects identified as Frank Maasim Dulay, 35 years old,
married, construction worker; and Jeff MAlayo Malapit, 35 years old, married, businessman.
Police officers recovered a one (1) piece of firearm, Berretta 20, 9mm made in US with three
(3) live ammunitation and the three empty shells recovered at the crime scene.
The arrested respondent were detained at Baguio City jail on the basis of Preliminary
Disposition issued by Prosecutor Joan Villa.
Hoping that this office be informed of whatever action you may deem proper to taken on
the above-stated facts.
Thank you.
Respectfully yours,
Enclosures:
1. Preliminary Disposition
2. Complain-Affidavit of Annabelle Bautista
3. Affidavit of Mario Miranda
4. Joint Affidavit of SPO3 Michael Sapasap and SPO2 Carlo Mangaong
5. Booking Sheet of the respondent
6. Receipt of Evidence
7. Request for Firearm Examinarion
SPECIMEN SUBMITTED:
1. One piece of Berretta 20 with Serial No. PC 06549 marked as ‘’PBB 5/22/2017-01;
2. Three pieces of empty shells marked as “PBB 05/22/2017-02 to PBB 05/22/2017-04.”
FINDINGS:
1. Physical examination and actual test firing of above-mentioned Berretta 20 with Serial No.
PC 06549 marked as ‘’PBB 5/22/2017-01’’ revealed that it a load and fire as it fired 9mm
cartridges.
2. Physical examination and comparison of the above- mentioned three (3) empty cartridges
as “ PBB 05/22/2017-02 to PBB 05/22/2017-04 revealed that all empty shells matched with
the live ammunition.
CONCLUSION:
1. The above-mentioned Berretta 20 with Serial No. PC 06549 marked as ‘’PBB
5/22/2017-01; is serviceable.
2. The above-mention three pieces of empty shell marked as “ PBB 05/22/2017-02 to PBB
05/22/2017-04.” matched.
REMARKS:
1. The original copy of this report is retained in the Laboratory for future reference.
EXAMINED BY:
NOTED:
SIR/MADAM:
May I earnestly request for the release of the following items to your custody:
Above-mentioned items id the evidence of the alleged case of Murder that transpired at around
1:30 PM of May 24, 2017 inside the house of Marielle Miranda located at No. 035 Santa
Escolastica, Hillside, Baguio City against Frank Maasim Dulay and Jeff Malayo Malapit.
That I further undertake to testify on the above-evidence once the court will required.
Respectfully yours,
-versus- For:
RELEASE ORDER
(of recovered items)
Finding merit of the complainant request and undertaking for the release of the items
recovered more particularly described in the Receipt of Evidence as well as in their written
request, you are hereby directed to release to said Annabelle Padre Miranda the said items
which were turned-over to your custody upon proper receipt and documentation thereof, unless
the same are being held for some other lawful cause.
ANITA R. PASCUA
Associate City Prosecutor
Approved:
THIS IS TO CERTIFY that I, he undersigned received the item described below from
PO3 Melagrose Bolabola after this item were properly documente/authenticated and on the
Release Order issued by Prosecutor Maylene Villa.