Republic of the Philippines

National Police Commission

Philippine National Police
NAGA CITY POLICE OFFICE
Barangay Peñafrancia, Naga City

Date of Entry: 15 December 2021Date Committed: 15 December 2021 Reporting Unit:Naga

City Police Office
Blotter Entry No: 01-1137 Time Committed: 3:00am Place of Commission:
Barangay San
Felipe, Naga City
Date Reported:15 December 2021
Incident Type: Slight Physical Injury Time Reported: 3:45am

On the day of December 15, 2021 midnight, Mr. Mario Torres, 35 years old, was
walking at Dela Rosa Compound Barangay San Felipe, Naga City when Juan Miguel and
John Miguel drinking a bottle of beer at the side of the road of sari sari store while Mr.
Torres walking passes to them they throw a bottle of beer to Mr. Torres and hit him at the
back of his right arm causing to him superficial wound.

According to the complainant, he was just walking along the road of San felipe to
find a open sari sari store just to buy something but when he saw the two person’s drinking
a beer they hit him (Mr.Torres) without justifiable reason then after that incident the
suspect’s ran towards their house located at Molino Dela Rosa Compound Barangay San
Felipe, Naga City.

Mr. Mario Torres

Complainant

PSMS JENNIFER ORTEGA

OFFICER IN CHARGE
 Republic of the Philippines
National Police Commission
Philippine National Police
NAGA CITY POLICE OFFICE
Barangay Peñafrancia, Naga City

NCPO-Inves

MEMORANDUM

FOR: The Chief

FROM: Officer In Charge

SUBJECT: Initial Investigation Report, re slight physical injury

DATE: December 15,2021

I – AUTHORITY:

1. As instructed by Chief.
2. The reported incident per PBE# 01-1137, re slight physical injury

II – DETAIL:

3.Upon the report of the said case PSMS JENNIFER ORTEGA conducted
an investigation at the place where the incident committed causing by the two
suspect’s to the victim slight physical injury.

4.According to the suspect’s,they didn’t mean what they have done to Mr.
Torres and their alibi’s they only do that act because they have been drank a lot and
because they drank a lot they didn’t know what they did at that moment.

PSMS JENNIFER ORTEGA

OFFICER IN CHARGE
 Republic of the Philippines
National Police Commission
Philippine National Police
NAGA CITY POLICE OFFICE
Barangay Peñafrancia, Naga City

NCPO – Inves

MEMORANDUM

FOR: The Chief

FROM: Officer In Charge

SUBJECT: Spot Report, re Slight Physical Injury

DATE: December 15, 2021

1. About 3:00am in the morning of December 15,2021 an incident

occurred throwing a bottle of beer caused slight physical injury to the victim along
San felipe at the side of sari sari store, where one of the victim Mr. Mario Torres, 35
years old, construction worker and a resident of Zone 6 San felipe, Naga City,
injured by the two person’s Juan Miguel, 25 years old and John Miguel, 24 years old,
they are both working in the same resident at Moino Barangay San felipe, Naga City.

2. After the incident, the victim sustained superficial wound in his

rights arm and brought the victim to the nearest hospital for a medical assistance.

3. The two person’s was arrested and those broken of bottle

recovered at the scene; they are under in the custody of the NAGA CITY POLICE
OFFICE for a proper questioning.

4. According to the person of interest, they had no motive to hurt

the person, their alibi was that they only drank a lot so they did that incident.

PSMS JENNIFER ORTEGA

OFFICER IN CHARGE
 Republic of the Philippines
National Police Commission
Philippine National Police
NAGA CITY POLICE OFFICE
Barangay Peñafrancia, Naga City

NCPO – Inves

MEMORANDUM

FOR: The Chief

FROM: Officer In Charge

SUBJECT: Progress Report, re slight physical injury

DATE: December 15, 2021

I – Reference
a. Memorandum from Chief of Police with blotter entry number 01-1137,
dated December 15, 2021, with same incident as above.

1. Slight Physical Injury transpired on December 15,2021 at the Dela

Rosa Compound Barangay San felipe at about 3:00am in the morning, at the side of
sari sari store.

2. On March 20,2022 at about 2:00 pm in the afternoon Investigator on

Case PSMS JENNIFER ORTEGA conducted follow up investigation and finding some
witnesses near in the crime scene to gather more information of actual incident
happened.

3. For information.
Republic of the Philippines)
City of Naga…………………..)S.S.
------------------------------------X

SWORN STATEMENT OF Mario Torres TAKEN BY PSMS JENNIFER ORTEGA INSIDE

THE INVESTIGATION SECTION NAGA CITY POLICE OFFICE TODAY OF APRIL
10,2022 AT THE TIME OF 9:35 am IN THE MORNING

PRELIMINARY: Mario Torres, Do you swear to tell the truth, the whole truth and
nothing but the truth in this investigation?
Answer. yes maam

Q1. Please state your name and other personal circumstance

Answer. I am Mario Torres a resident of Zone 6 San felipe, Naga City, a legal age of
35 years old working in the hardware as assistant.

Q2. Are you willing to give your free and narrative about the case?
Answer. Yes maam

Q3. Can you state the incident happened and the name of those suspect’s?
Answer. On the day of December 15, 2021 3:00 am midnight I was starving so I
decide to go outside walking along the road to find a open sari sari store just to buy
something to eat. They are Juan Miguel and John Miguel.

Q4. What happened next?

Answer. As I enter at the street near the Molino I was reached the accused drinking
a bottle of beer, looks like they are enjoying. As I approached them, a man looked
ate me and seemed to be planning to do something.

Q5. What kind of something?

Answer. That man was looking at me he is holding a bottle while looking at me and
as I passes to them the man who hold the bottle suddenly stood up from where he
was sitting and followed me and then he suddenly throw the beer of bottle he was
holding.

Q6. Do you recognize the accuses?

Answer. Yes maam

Q7. What do you think the reason why they do that to you?
Answer. I don’t know maam. At the time that incident happened I was just feel
starve

Q8. Besides you, do you know anyone who saw such incident?
Answer. Im not sure maam if there is anyone else saw the incident, but there is a
light at the place of the incident.

Q9. What did you do after that happened to you?

Answer. I was unconscious, I couldn’t move properly
Q10. Where did the accuses go after that happened?
Answer. I saw them run away from me

Q11. How many are the accuses and if you have the chance to see them again, will
you recognize them?
Answer. Two person’s and yes I will recognize them.

Q12. In the meantime, do you have anything else to add to your statement?
Answer. None maam

Q13. Thank you for your cooperation, Are you willing to sign this statement of
yours?
Answer. Yes maam

Mario Torres
Narrated

SUBSCRIBED AND SWORN TO before me this April 10 at Barangay San felipe, Naga
City

PSMS JENNIFER ORTEGA

Administering Officer

CERTIFICATION

I HEREBY CERTIFY THAT I personally interviewed the affiant under oath and that I
am satisfied that he voluntarily state his statement.

PSMS JENNIFER ORTEGA

Administering Officer
Republic of the Philippines)
City of Naga…………………..)S.S.
-------------------------------X.

WITNESS STATEMENT BY Ronald Bilao TAKEN BY PSMS JENNIFER ORTEGA INSIDE

THE INVESTIGATION SECTION OF SAN FELIPE, NAGA CITY TODAY OF MAY 20,2022
AT THE TIME OF 2:55 pm OF AFTERNOON

PRELIMINARY: Do you swear to tell the truth, the whole truth and nothing but the
truth in this investigation?
Answer. Yes maam

Q1. State your name and other personal circumstance

Answer. I am Ronald Bilao, 28 years old, married, construction worker of Zone 6 San
felipe Naga City

Q2. Are you willing to give a free statement about the incident happened? Since you
freely submit yourself to the authorities as a witness in the case of Mr. Mario Torres
Answer. Yes maam

Q3. Can you detail what you saw?

Answer. In the midnight around 2:52 am I was just sitting at the “kubo” located
behind the sari sari store while drinking coffee after finishing the coffee I decided to
go for a walk meanwhile using my phone while walking I heard a bottle break near
the area so I decided to check it.

Q4. When you decided to see what happened, what did you see?
Answer. I saw two men quickly running towards the area of Molino

Q5. What time did you see the two men and why do you think they were running
away?
Answer. At the time of 3:06 am, I don’t know why they ran away so quickly.

Q6. Did you recognize the two men?

Answer. Yes maam, since there is a light in the area

Q7. Now my question, Do you aware of the incident happened to victim (Mario
Torres?
Answer. No maam, because my only intention at that time was just to get some
fresh air but when I heard a breaking bottle I was curious so I check it

Q8. Why do you submit yourself to the authority as witness?

Answer. To state what I have see at that time and also to help the authorities with
the information I know

Q9. Now I will say that the authorities did not force you and you voluntarily
submittes and narrated what you knew. Do you want to add anything other than
what you have stated?
Answer. None maam

Q10. Thank you for your cooperation, your statement helped us a lot to solve the
case. Are you willing to sign this statement of yours?
Answer. Yes maam.

Ronald Bilao
Witness

SUBSCRIBED AND WORN TO before me this May 20,2022 at Brgy. San Felipe, Naga
City.

PSMS JENNIFER ORTEGA

Administering Officer

CERTIFICATION

I HEREBY CERTIFY THAT I personally interviewed the witness under oath and that I
am satisfied that he voluntarily state his statement as witness.

PSMS JENNIFER ORTEGA

Administering Officer
Republic of the Philippines)
City of Naga………………….)S.S.
-----------------------------------X.

WITNESS STATEMENT BY Arnold Rosales TAKEN BY PSMS JENNIFER ORTEGA

INSIDE THE INVESTIGATION SECTION OF NAGA CITY POLICE OFFICE TODAY OF
June 5,2022 AT THE TIME 1:45 pm IN THE AFTERNOON

PRELIMINARY: Do you swear to tell the truth, the whole truth and nothing but the
truth in this investigation?
Answer. Yes maam

Q1. State your name and other personal circumstance

Answer. I am Arnold Rosales, 30 years old, single, working sales agent and a
resident of Brgy. Carolina, Naga City

Q2. Are you willing to give a free statement about the incident happened? Since you
freely submit yourself to the authorities as a witness in the case of Mr. Mario Torres
Answer. Yes maam

Q3. Can you detail what you see?

Answer. In the midnight I was sitting in the sari sari store infront of Molino wherein
there is a fastfood beside the sari sari store that I am temporarily resting.

Q4. While you’re resting, what do you see around the area?
Answer. While I am resting I saw two men running towards inside the Molino

Q5. At what time did you see the two men?

Answer. It is around 3:06 am

Q6. Do you recognize the two men?

Answer. Yes maam, since there is a light in the area and the distance of my area is
not far from them.

Q7. Since you saw the two men, Have you heard anything unusual in the area?
Answer. So far none maam

Q8. Are they running fast or not?

Answer. They run pretty fast

Q9. Okay, In the meantime do you have anything else to add to your statement?
Answer. None maam

Q10. Now I will say that the authorities did not force you and you voluntarily
submitted and narrated what you knew.
Answer. Yes maam
Q11. Thank you for your cooperation your statement helped us a lot to solve the
case. Are you willing to sign this statement of yours?
Answer. Yes maam

Arnold Rosales
Witness

SUBSCRIBED AND SWORN TO before me this June 5,2022 at NAAG CITY POLICE
OFFICE.

PSMS JENNIFER ORTEGA

Administering Officer

CERTIFICATION

I HEREBY CERTIFY THAT I personally interviewed the witness under oath and that I
am satisfied that he voluntarily state his statement.

PSMS JENNIFER ORTEGA

Administering Officer
Republic of the Philippines)
City of Naga………………….)S.S.
-----------------------------------X.

AFFIDAVIT OF WITNESS

I, Ronald Bilao, 28 years old, married, resident of Zone 6 Cokeville Brgy. San felipe,
Naga City, after having sworn accordance with the law, do hereby depose and state
THAT:

That, I was present and personally saw the accused, Juan Miguel and John Miguel
Committed the crime of Slight Physical Injury against the victim Mario Torres,

That, I saw the two accused running towards the area of Molino around 3:06am in
the midnight while I am walking around, I don’t know what is the reason of why
they running; I am just curious when I heard the broken bottle so I decided to check
it and after that I was going back to the place where I am in.

That, I am executing this affidavit to attest the truthfulness of the facts and to
support the filing of Criminal Case against Juan Miguel and John Miguel for violation
of Article 266 Book II of Revised Penal Code

IN WITNES OF, I here unto affixed my signature this 15th day of October at Brgy.
Sanfelipe, Naga City

Ronald Bilao
Affiant

SUBSCRIBED AND SWORN TO before me this 15th day of October at Brgy. San
felipe, Naga City

Atty. Clarissa Banzon

Notary Public
 Republic of the Philippines
Naga City
Hall of Justice

People of the Philippines, Criminal Case No. 01-266

Plaintiffs, Mario Torres

versus for

Accused, Juan Miguel and John Miguel

X----------------------------X _______________________

COMPLAINT

COMES NOW, The undersigned, Chief of Police of NAGA CITY POLICE OFFICE,
accuses Juan Miguel and John Miguel in the City of Naga, province of Camarines Sur,
Philippines, the said accused did willfully, feloniously, and aforethought, attacked
Mario Torres with bottle of beer, causing the latter superficial wound in the right
arm, which are necessarily fatal, there by causing the victim of medical assistance
for nine days.

ACTS CONTRARY TO LAW, throwing a bottle’s of beer causing harm to the victim.

PSMS RONALD DLR MARALIT

Chief of Police of NCPO

SUBSCRIBED AND SWORN before me this 18th day November 2022 in the province
of Camarines Sur.

BRINAS AGBAYANI
JUDGE
Republic of the Philippines)
City of Naga………………….)S.S.

AFFIDAVIT OF DESISTANCE

I, Ronald Bilao, 28 years old, married, and resident of Zone 6 Coke Brgy. San Felipe,
Naga City, after having duly worn to in accordance with law hereby depose and
state:

That, I am the complaining witness of slight physical injury incident against Juan
Miguel and John Miguel in the case entitled “People of the Philippines vs. Juan
Miguel and John Miguel “, Criminal Case No. 01-266, Hall of Justice, City of Naga.

That, after I personal aw the suspect’s running towards the area of Molino, I realized
that it is not the basis to convict the two suspect’s, the information I stated to the
authority I guess it I not enough to justify as guilty person’s by the two suspect’s

That, I can’t actually see the full incident happened around the said crime scene.

That, I hereby inform the City Prosecutor of Naga that I am refuing my complaint for
slight physical injury in Criminal Case No. 01-266 entitled “ People of the Philippines
vs. Juan Miguel and John Miguel”, Hall of Justice, City of Naga.

IN WITNESS OF, I hereby sign this 13th day of January 2023 at the City of Naga,
Philippines.

Ronald Bilao
Complaining Witness

SUBCRIBED AND SWORN TO before me this 25th day of January 2023 at the City of
Naga, Philippines.

Hall of Justice
Public Prosecutor
Republic of the Philippines)
City of Naga………………….)S.S.

AFFIDAVIT OF LOSS

I, Mario Torres , 35 years old, Filipino, single, and a resident of Zone 6 San felipe,
Naga City, after having been sworn in accordance with law, do hereby depose and
state:

That, after the incident happened I lost my job because of being hospitalize for nine
days and because of being unconscious.

That, the owner of the company where I am working was suspend me and cannot
be able to work again.

Despite of the incident I was trying to communicate with the manager of company
and give me a sick leave until I will be able to work again.

That, Now I am executing this affidavit to attest the truth of the foregoing.

Mario Torres
Affiant

SUBSCRIBED AND SWORN TO before me on the January 10, 2021 and at the Public
Attorney’s Office indicated below. The affiant exhibited to me his competent
evidence of identity as indicated below.
 Republic of the Philippines
National Police Commission
Philippine National Police
NAGA CITY POLICE OFFICE
Barangay Peñafrancia, Naga City

NCPO – Inves

MEMORANDUM

FOR: The Chief

FROM: Officer In Charge

SUBJECT: Final Investigation Report, re Slight Physical Injury that

Resulted to nine(9) days hospitalize of MARIO y TORRES

DATE: December 15, 2022

I - AUTHORITY:

1. Instruction of PSMS RONALD MARALIT

2. Complaint Sheet of Mario Torres dated December 15, 2021, and;
3. Memo from Investigation Unit dated December 28, 2022 subject slight
physical injury.

II – MATTERS INVESTIGATED:

4. Throwing of bottle’s of beer resulting to light physical injury of Mario

Torres transpired on or about 3:00 am midnight of December 15, 2021, along Zone
6 Brgy. San felipe, Naga City.

5. To determine the criminal liabilities of the suspect’s and to know the

premises surrounding this particular incident.

III – FACTS OF THE CASE:

6. That on or about 15th of December 2021; Slight Physical Injury incident

transpired along Zone 6 Dela Rosa Compound San felipe, Naga City at the side of
sari sari store, where in the victim one, MARIO y TORRES, 35 years old, single,
construction worker and a resident of Zone 6 San felipe, Naga City was injured by
suspect one, JUAN y MIGUEL, 25 year old, single, construction worker and a resident
of Molino Brgy. San felipe, Naga City. As a consequence thereof, the victim causing
superficial wound in his back right arm and being hospitalize for nine(9) days and he
is now suspended to his work. The suspect’s are under custodial investigation after
the incident, the weapon used was recovered at the crime scene and they are now
under custody of NAGA CITY POLICE OFFICE for proper disposition.
 7. Investigation conducted by Officer In Charge the motive of the incident
emanated from the intoxication of liquor of the suspect’s where in they used the
bottle of beer to harm the victim. Wherein there is two(2) witnesses submit
themselves to state their information about incident.
8. In the sworn statement of one, RONALD – BILAO of Zone 6 San felipe,
Naga City dated December 15, 2021, in the midnight around 2:52 am he was sitting
at the “kubo” located behind the sari sari store while drinking coffee after he finished
the coffee he decided to go for a walk meanwhile he is using his phone he heard a
bottle break near the area and they saw two men quickly running towards Molino
around 3:06 am
9. In the sworn statement of one, ARNOLD y ROSALES of Barangay
Carolina, Naga City dated December 15, 2021, he stated while he was sitting in the
sari sari store in front of Molino he was resting there and around 3:06 am midnight
he also saw the two men running towards inside the Molino area.
10. The statements of witnesses is considered as accurate evidence
against the suspect’s
11. Based on Medical Certificate issued by Attending Doctor at Bicol
Medical Center, the victim sustained fractured and superficial wound on his back
right arm causing to be suspended in his job.
12. On December 15, 2021, a case of Slight Physical Injury against
the suspect’s was referred to the Office of the City Prosecutor, Naga City and
docketed under I.S. Number 12-1522 for final disposition. Commitment order was
issued by the court and the suspect was subsequently transferred to District Jail,
Brgy. Del Rosario, Naga City. The court recommended no bail bond for the
temporary liberty of the suspect.

IV – DISCUSSION:

13. The victim and the suspect had no personal differences before
the incident. The suspect herein, with intoxication of liquor, evident premeditation
with the use of bottle of beer that resulted to the victim fractured and superficial
wound
14. After careful perusal surrounding this particular incident,
probable cause exist that the suspect is criminally liable under Article 266 Book II of
Revised Penal Code

V – RECOMMENDATION:

15. WHEREFORE, In view of the foregoing, the undersigned

respectfully recommends that this case be considered solve and close.