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REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
NATIONAL PROSECUTION SERVICE
OFFICE OF THE PROVINCIAL PROSECUTOR
PROVINCE OF ILOILO
Iloilo City

EDUARDO LUY y SANSON, NPS Docket No:VI-11-INV-17A-00064


Complainant,

- versus - For:

DINO A. ILONGGO, MIKA A. NOTES, MURDER with RAPE


and ANGELO K. SAYASAYA,
Respondents,
X - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -X

RESOLUTION

This resolves the complaint for Murder with rape against DINO A. ILONGGO,
MIKA A. NOTES and ANGELO K. SAYASAYA who were subpoenaed in their last known
address, to file their respective counter affidavits; however, as per return of PO3 North
Carolina S. Alabama of PNP Pototoy, Iloilo, respondents can no longer be located or
their whereabouts are unknown, thus the case is deemed submitted for resolution in
accordance with the rules.

The police investigation report establishes that on or about 2:00 in the morning
of July 1, 2017, Eduardo S. Luy called Pototoy Municipal Police Station that there were
lifeless body lying at Sitio Sakang, Brgy. Monay, Pototoy, Iloilo. The initial investigation
disclosed Eduardo S. Luy found the victims PROCUPIA LAG y BU, 48 years old, widowed,
PRINSESA DIANA G. LUY, 27 years old, married, MIKAELA G. LUY, 11 years old, single,
Angelica G. Luy, 11 years old, single and JUNKIE G. LUY, 1 year old, single all lying lifeless
in there house at Sitio Sakang, Brgy. Monay, Pototoy, Iloilo stabbed by unidentified
persons. In addition Procupia was found without any undergarment while Prinsesa was
completely naked. Victims incurred suspected stabbed wound on the different parts of
their body. That said cadavers were brought to Rural Health Unit of Pototoy, Iloilo and
was declared dead by Dra. Isip B. Drakula and thereafter brought to Baldado Funeral
Homes for Autopsy Examination and further investigation.

As per Autopsy Report of Dr. Jo H. Paralibakin, Medico-Legal Officer of Pototoy


Provincial Hospital, Pototoy, Iloilo, the victims cause of death was Hemorrhage
secondary to Multiple Stab Wounds, in addition seminal fluid were found inside the
reproductive organs of Procupia and Prinsesa.

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Eye witness EDUARDO S. LUY testified in his sworn statement that at about 1:00
oclock in the morning of July 1, 2017 he went home after his duty and after having
some soup. He tried to call for his wife and children but after an hour and a half, no one
came out to open the gate. He then felt suspicious as the house and its surroundings
were eerily quiet. He decided to climb their fence and peeked into the window of their
house, there inside he saw his mother in law Procupia, lying in the floor drenched in her
own blood and with no under garments, he then preceded to the kitchen where he saw
the door wide open, upon entering he saw his wife Prinsesa lying naked and lifeless in
the floor with several stab wounds and drenched in her own blood, it was then that he
called this police station to inform about the incident. He then went upstairs of their
house to check on his children, there he discovered that the door of the room was
locked and he had to kick the said door to open it. Inside he saw his 3 children Mikaela,
Angelie and Junkie dead, drenched in their own blood with several stab wounds.

Eduardo then went outside of their house to ask for help from his neighbors.
Upon exiting the premises, he saw a puyo-puyo near the fence, upon investigating the
contents of the said bag, he saw a wallet with several IDs and money, in the said bag he
also saw 3 plastic sachets with white substance inside, the other plastic with the same
substance was open and was half empty. He also found a foil and a lighter in the said
bag.

Afterwards their next door neighbour, Mang Angsod approached Eduardo and
told him that about 11:00 PM of June 30, 2017 he saw 3 men came out of their house
running and acting suspicious.

At issue in this case is whether or not there exists a probable cause for the
offense charged.

The following are the elements of murder are: (1) that a person was killed; (2) that the
accused killed him; (3) that the killing was attended by any of the qualifying circumstances
mentioned in Article 248 of the Revised Penal Code; and (4) the killing is not parricide or
infanticide. All requisites are present in this case, such as (1) that the victims, PROCUPIA LAG y
BU, PRINSESA DIANA G. LUY, MIKAELA G. LUY, Angelica G. Luy, and JUNKIE G. LUY, were
killed; (2) that the above named accused killed the deceased; (3) and the unlawful killing by the
accused of a person, was attended by qualifying circumstance Abuse of superior strength
mentioned in Article 248 of the Revised Penal Code which qualifies the killing of the victim to
murder; and (4) that the offenders are not the father, mother or child, or legitimate other
ascendant or legitimate other descendant or spouse of the deceased.

Abuse of superior strength is determined by the excess of the aggressors natural


strength over that of the victim's, considering the momentary positions of both parties
and the employment of means weakening the defense of the victim, although not
annulling it. Thus, there is abuse of superior strength in the case where four persons
attacked an unarmed victim (People v. Garcia, 94 SCRA 14) or where six persons inflicted
injuries on the victim (People v. Gonzales). In the present case, the assailants were three
(3) in number and were armed with bladed instruments, while the deceased were
unarmed, and the three victims (3) were minors, thus, there is a notorious inequality of
forces between the victim and the aggressor. It is likewise manifest that the three (3) accused
took advantage of their superior strength, when one (1) of them stabbed the victim on
her back and unwary of the impending attack, was unarmed, helpless and unable to
defend herself or at least escape. Two of the accused then held the other victim while
one (1) of them stabbed her multiple times and finally when the three (3) accused went
inside the room of the children and stabbed them while they were in deep slumber,
they were also unarmed and deprived of the chance to defend themselves or atleast
escape. Therefore, the qualifying circumstance of abuse of superior strength is present.

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Conspiracy exists when two or more persons come to an agreement concerning


the commission of a felony and decide to commit it. (Article 8, RPC). For a collective
responsibility among the accused to be established, It is sufficient that at the time of the
aggression, all of them acted in concert, each doing his part to fulfill their common
design to kill their victim, and although only one of them may have actually stabbed the
victim, the act of one is deemed to be the act of all. (People v. Hernandez, G.R. No.
90641, February 27, 1990, 182 SCRA 794, 798). In the present case, the acts of the
above-named accused were aimed at the same object of killing all the five victims. The
three (3) of them attacked the victims while they were helpless and unwary of the
attack. The acts of three (3) assailants, though apparently independent, were in fact
concerted, cooperative and shows a common design of mutually helping one another in
stabbing the victims, indicating conspiracy.

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Mika A. Notes, with lewd design, with force and intimidation did then and there
wilfully, unlawfully and feloniously inserted his penis inside procupia the vagina against
the will and consent of the said complainant. (Please insert circumstances for rape)

A summation of the evidence presented, undersigned investigating prosecutor


finds the existence of probable cause for murder against respondents, acting in
conspiracy by mutually helping one another in stabbing the victim, qualified by abuse of
superior strength.

PREMISES CONSIDERED, it is respectfully recommended that an


Information for MURDER be approved and filed against respondents DINO A.
ILONGGO, MIKA A. NOTES and ANGELO K. SAYASAYA in the Regional Trial Court of
the Province of Iloilo.

RESPECTFULLY SUBMITTED.

Iloilo City, Philippines, July 3, 2017.

FRANK N. STEIN
Asst. Provincial Prosecutor
IBP No. 1021652, 01-08-16
Roll No. 46651
MCLE Compl. No. V 0023182
APPROVED:

MA. ELENA HOFILEA-GEROCHI


Provincial Prosecutor
Iloilo Provincial Prosecutors Office
IBP No. 491804 (Lifetime)
Roll No. 40492
MCLE Compliance VI (000341)

Copy Furnish:

1. The Chief of Police Pototoy Municipal Police Station, Pototoy, Iloilo


2. Eduardo S. Luy Sitio Sakang, Brgy. Monay, Pototoy, Iloilo
3. Dino A. Ilonggo- Brgy. Tinurian, Pototoy, Iloilo
4. Mika A. Notes- Brgy. Tinurian, Pototoy, Iloilo
5. Angelo K. Sayasaya- brgy. Tinurian, Pototoy, Iloilo
Republic of the Philippines
Sixth Judicial Region
REGIONAL TRIAL COURT
Branch _____
Province of Iloilo
-o0o-

PEOPLE OF THE PHILIPPINES, CRIM CASE NO. _______


Plaintiff,

- versus - For:

DINO A. ILONGGO, MIKA A. NOTES, MURDER


and ANGELO K. SAYASAYA,
Respondents,
Accused. (all at large)
X- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - X

INFORMATION

The Provincial Prosecutor of Iloilo, through the undersigned, accuses


DINO A. ILONGGO, MIKA A. NOTES and ANGELO K. SAYASAYA, of the crime of
MURDER, defined and penalized under Art. 248 of the Revised Penal Code ,
committed as follows:

That on or about 11 oclock in the evening of June 30, 2017 in the


Municipality of Pototy, Province of Iloilo, Philippines, and within the jurisdiction
of this Honorable Court, the above-named accused, acting in conspiracy with
one another, armed with bladed weapons, without any justifiable reason or
provocation, with deliberate intent and decided purpose to kill, with treachery
and abuse of superior strength, did then and there willfully, unlawfully and
feloniously, attack, assault and stab PROCUPIA B. LAG, PRINSESA DIANA G. LUY,
MIKAELA G. LUY, ANGELICA G. LUY and JUNKIE G. LUY with bladed or sharp-pointed
weapons the accused were then provided, hitting and inflicting upon the victims
multiple stab wounds, which caused their death thereafter.

CONTRARY TO LAW.

Iloilo City, Philippines, July 3, 2017.

FRANK N. STEIN
Asst. Provincial Prosecutor
IBP No. 1058521, 01-03-17
Roll No. 46651
MCLE Compl. No. V 0023182

-2-
Approved:

MA. ELENA HOFILEA-GEROCHI


Provincial Prosecutor
IBP No. 491804 (Lifetime)
Roll No. 40492
MCLE Compliance VI (000341)

WITNESSES:

1. NIEL B. CLARO Brgy. Tinurian, Pototoy, Iloilo.


2. PO1 Matty G. Co case investigator, PNP Pototoy, Iloilo
3. The Blotter Officer of PNP Pototoy, Iloilo
4. Dr. Jo H. Paralibakin, Medico-Legal Officer of Pototoy Provincial Hospital,
Pototoy, Iloilo.
5. And others

Warrant of Arrest Needed.


Address of all Accused: Brgy. Tinurian, Pototoy, Iloilo or anywhere in the
Philippines

NO BAIL RECOMMENDED

CERTIFICATION

I HEREBY CERTIFY that a preliminary investigation has been conducted by me in


accordance with the 2000 Rules on Criminal Procedure, as amended, having examined
the complainant and his witnesses; that on the basis of the sworn statement submitted
before me, there is reasonable ground to believe that the crime charged has been
committed and that the accused is probably guilty thereof, that the accused was
informed of the complaint and of the evidence against them; that they were given the
opportunity to submit controverting evidence but failed to do so and that the herein
information is being filed with the prior authority or approval of the Provincial
Prosecutor.

FRANK N. STEIN
Asst. Provincial Prosecutor

SUBSCRIBED AND SWORN to before me this _______ day of July 2017 in


the City of Iloilo, Philippines.