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REPUBLIC OF THE PHILIPPINES)

PROVICE OF LA UNION ) s.s.


MUNICIPALITY OF STO. TOMAS )

COMPLAINT-AFFIDAVIT

I, Manuel Javier, Filipino, male, and a resident in Tubod, Sto, Tomas, Province of La
Union, Philippines, after being sworn to in accordance with law, depose and state:

1. That Eduardo Basin Javier and Florentina Laceste Javier were lawfully married on
December 18, 1954. They begot ten children in their forty-one years of marriage.

2. That I know the persons of Eduardo Basin Javier and Florentina Laceste Javier who
are my parents residing in Tubod, Sto, Tomas, Province of La Union, Philippines;

3. That, on June 15, 1996 at around 2:00 and 3:00 o’clock in the morning, Consolacion and
Alma, my siblings, went to my house and informed me that my parents were
quarreling.

4. That upon knowing, we immediately proceeded to our parent’s house that was located
seventy to eighty meters away from my house.

5. That, I was the first one to enter my parent’s house and I saw the lifeless body of
Florentina Javier, my mother. My father, Eduardo Basin Javier, on the other hand,
wounded in his abdomen.

6. That, I ordered Consolacion Javier, my sibling, to get a tricycle to bring our father at
the hospital. Concurrently, Eduardo Basin Javier confessed to me that he killed his
wife, Florentina Laceste Javier.

7. That, the husband and son of Consolacion brought Eduardo Basin Javier to the
hospital.

8. That, I informed my siblings, Consolacion and Florentina, that our mother was dead
and our father confessed to me that he did the killing.

9. That, I immediately went out to get help and reported the incident.

10. That, when the Police arrived at our parent’s house, I informed them about the incident
and surrendered the bolo to SPO1 Rotelio Pacho, I found it in my parent’s bedroom
and it was covered in blood.

11. I am therefore executing this Complaint-Affidavit in support of the charges of


violation of Art. 246 of Revised Penal Code for Parricide against the said Eduardo
Basin Javier, who may be served with subpoena and other processes of this Honorable
Office.

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IN WITNESS WHEREOF, I have hereunto set my hand this 17th day of June, 1996 at the
Municipality of Sto. Tomas, La Union Philippines.

MANUEL JAVIER

Affiant-Complainant

SUBSCRIBED AND SWORN to before me this 18th day of June 1996. Affiant exhibiting
to me his community Tax Certificate No.1234567890 issued on June 17, 1996, at the
Municipality of Sto. Tomas, La Union Philippines.

CERTIFICATION

This is to certify that I have personally examined the affiant and I am satisfied that he
understood this complaint-affidavit and that he voluntarily executed the same.

JUAN DELA CRUZ


ASST. PROVINCIAL PROSECUTOR

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REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
PROVINCE OF LA UNION
MUNICIPALITY OF STO. TOMAS
BRANCH 032

THE PEOPLE OF THE PHILIPPINES,


Plaintiff,

CRIMINAL CASE NO. A-3155


-versus- for violation of Art. 246 of Revised Penal Code
(Parricide)

EDUARDO BASIN JAVIER,


(Tubod, Sto, Tomas, Province of La Union, Philippines),
Accused.

X--------------------------------------X

INFORMATION

The undersigned Assistant Provincial Prosecutor of the Province of La Union, upon


prior written authority of the Provincial Prosecutor, Juana Dela Cruz accuses EDUARDO
BASIN JAVIER of crime punishable under Art. 246 of the Revised Penal Code, committed as
follows:

That on or about the 15th day of June, 1996, in the Municipality of Sto. Tomas,
Province of La Union, Philippines, and within the jurisdiction of this Honorable Court, the
said accused, did then and there willfully, unlawfully and feloniously commit violation of
Art. 246 of Revised Penal Code on the person of EDUARDO BASIN JAVIER, by killing his
wife, the complainant’s mother Mrs. Florentina Laceste Javier without provocation her death.

CONTRARY TO LAW.

La Union, July 1, 1996.

JUAN DELA CRUZ


Assistant City Prosecutor

NO BAIL RECOMMENDED.

JUAN DELA CRUZ


Assistant City Prosecutor

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REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF JUSTICE
OFFICE OF THE PROVINCIAL PROSECUTOR
LA UNION

Manuel Javier
Complainant,

- versus - I.S. No. E-000–001


For: Violation of Art. 246 Revised Penal
Code

Eduardo Basin Javier (Parricide)


Respondent.
x----------------------------------------------------x

COUNTER – AFFIDAVIT

I, Eduardo Basin Javier., of legal age, Filipino and with resident address in, Tubod,
Sto, Tomas, Province of La Union, Philippines, after having been duly sworn in accordance
with law, do hereby state, that:

(1) I was charged with violation of Art. 246 of Revised Penal Code Revised Penal Code
(Parricide), by the private-complainant;

(2) I am executing this this Counter-Affidavit as a reply and comment to the


Complaint Affidavit of Manuel Javier.

(3) That, I killed my wife, Florentina Laceste Javier using the bolo.

(4) That when I killed my wife I was insane due to loss of sleep; and when the killing
took place, my mind went totally blank and I did not know what I was doing.

(5) That I have suspicion that my wife was having an illicit relationship with another
man that aggravates my illness to commit the killing.

I am executing this counter-affidavit, to attest to the truth of the foregoing and for
whatever legal purpose it may serve.

La Union, 20th June 1996.


Eduardo Basin Javier
Respondent-Affiant
CTC No. 001234577
Issued On: June 19, 1996
Issued At: La Union

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SUBSCRIBED and SWORN, to before me in the Province of La Union, this 25th day
of June, 1996 by Chuck Lidel Jr. with Residence Certificate No. 001234577 issued at La Union,
on June 19, 1996.

Atty. Juana Change Dela Cruz


Notary Public
Doc No. __________;
Page No. _________;
Book No. _________;
Series of 2012.

Copy Furnished:
Manuel Javier
(Private-Complainant)
Tubod, Sto, Tomas, Province of La Union,

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REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
PROVINCE OF LA UNION
MUNICIPALITY OF STO. TOMAS
BRANCH 032

THE PEOPLE OF THE PHILIPPINES,


Plaintiff,

CRIMINAL CASE NO. A-3155


-versus- for violation of Art. 246 of Revised Penal Code
(Parricide)

EDUARDO BASIN JAVIER,


(Tubod, Sto, Tomas, Province of La Union, Philippines),
Accused.

JUDICIAL AFFIDAVIT
OF SPO1 ROGELIO PACHO

Offer:

The testimony of the witness is being offered for the following purposes:

1. To prove that the victim FLORENTINA LACESTE JAVIER, deceased wife of the
accused has been found dead in their conjugal dwelling located in Tubod, Sto,
Tomas,Province of La Union, Philippines.

2. To prove that the bolo used in the commission of the crime has been found in the
same residence.

3. To prove that the accused confessed the killing of herein victim.

With the permission of the Honorable Court:

Question 1: Please state your personal circumstances and your interest or


involvement in the present case.

Answer: I am SP01 Rotelio Pacho, 45 years old, married, with postal address at
No. 63, Sto. Tomas, La Union. I am a Police Officer at Municipality of Sto.
Tomas, La Union and assigned as investigator in this case.

Question 2: On the afternoon of June 15, 1996, where are you?

Answer: I am at the Sto. Tomas Police Station

Question 3: What happened next?

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Answer: I received a call from the Barangay Captain of Tugod, Sto. Tomas and
informed me that killing incident happened in his barangay.

Question 4: What did you do after you heard the report?

Answer: I formed a team with SP04 Manuel Zarate and SP01 Agaton Laroza,
both are police officers in Sto. Tomas Police Station and we immediately
proceeded to accused-appellant’s house.

Question 5: Do you know personally the accused?

Answer: I do not know personally the accused.

Question 6: When you arrived at the accused-appellant’s house, what have you
seen?

Answer: I saw many people outside the house then when we entered the house,
I saw three people were there, and I found out that they were the children of
the victim and the accused appellant. When I entered to the bedroom, I saw
the lifeless body of Florentina Laceste Javier covered with blood.

Question 7: What happened next?

Answer: Manuel Javier, one of the children of the victim surrendered the Bolo
that he found in the same bedroom.

Question 8: And why he surrendered the bolo to you?

Answer: It was used in killing of the victim.

Question 9: How did you say so?

Answer: It was covered by blood and during my interview to the victim’s


children, Manuel informed me that the accused-appellant confessed to him the
he killed his wife.

Question 10: What happened next?

Answer: I interviewed the victim’s children.

Question 11: Is there anything else you would like to say to this Honorable Court?

Answer: Nothing more at this time.

AFFIANT FURTHER SAYETH NAUGHT.

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IN WITNESS WHEREOF, I have hereunto set my hand this 24th day of June 1996, at
Municipality of Sto. Tomas, La Union.

ROGELIO PACHO
Affiant

SUBSCRIBED AND SWORN TO before me this this 24th day of June 1996, at
Municipality of Sto. Tomas, La Union, affiant exhibited to me his Driver’s License with No.
N-0123456 issued on January 22, 1994, by Land Transportation Office, bearing his photograph
and signature.

CERTIFICATION

This is to certify that I have personally examined the affiant and I am satisfied that he
understood this complaint-affidavit and that he voluntarily executed the same.

JUAN DELA CRUZ


ASST. PROVINCIAL PROSECUTOR

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REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
PROVINCE OF LA UNION
MUNICIPALITY OF STO. TOMAS
BRANCH 032

THE PEOPLE OF THE PHILIPPINES,


Plaintiff,

CRIMINAL CASE NO. A-3155


-versus- for violation of Art. 246 of Revised Penal Code
(Parricide)

EDUARDO BASIN JAVIER,


(Tubod, Sto, Tomas, Province of La Union, Philippines),
Accused.

JUDICIAL AFFIDAVIT
OF ALMA JAVIER

Offer:

The testimony of the witness is being offered for the following purposes:

1. To prove that the victim FLORENTINA LACESTE JAVIERA and the accused-
appellant EDUARDO BASIN JAVIER were lawfully married.

2. To prove that the victim and the accused-appellant were quarrelling on June 15,
1996.

3. To prove that the victim was killed by the accused-appellant.

With the permission of the Honorable Court:

Question 1: Please state your personal circumstances and your interest or


involvement in the present case.

Answer: I am Alma Javier, legal age, with postal address in Tubod, Sto, Tomas,
La Union, Philippines. I was living with the victim and accused-appellant at
the time incident happened.

Question 2: You mentioned that you were living with the victim and the accused-
appellant. Do you know them personally?

Answer: Yes. The victim, Florentina Javier and Eduardo Basin Javier, accused-
appellant are my parents.

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Question 3: I am very sorry to what happened to your mom. How many are you in
the family?

Answer: I have nine siblings.

Question 4: Quite not natural for Filipino family, right?

Answer: Yes, they really love each other.

Question 5: How did you say so?

Answer: Because they always told us the story of the beginning of their love
story until they got married.

Question 6: What is something special about it?

Answer: My mom told me that my father was nervous when they married each
other. I remember my mom shows me the picture of their marriage and my
father was crying on the church.

Question 12: On the afternoon of June 15, 1996, where are you?

Bnswer: I stayed at home.

Question 13: Where were you specifically?

Answer: Living room, watching television.

Question 14: What happened next?

Answer: I heard my mom and dad were quarrelling in their bedroom and my
mom shouting that my father is going to kill her.

Question 15: What made you say that? Did you hear anything?

Answer: Yes, my mom shouting “Arayatan dac ta papatayen nac ni Tatangyo”.

Question 16: Then what did you do?

Answer: I tried to pacify them and I was weeping that time, and my sister,
Consolacion Javier, arrived at our house. I told that our parents were
quarrelling.

Question 17: What happened next?

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Answer: We went to Manuel Javier house, our brother.

Question 18: For what?

Answer: To ask for help.

Question 19: Then you just leave your parents quarreling at your house?

Answer: Yes because we cannot stop them quarrelling.

Question 20: What happened next?

Answer: When we arrived at our brother’s house, we informed him that our
parents our quarrelling and he immediately ran to our parent’s house and we
followed him.

Question 21: Did you all arrive at the same time?

Answer: No, Manuel came first.

Question 22: What happened next?

Answer: When we arrived, Manuel told to Consolacion to get a tricycle to bring


our father to the hospital and he informed us that our mother was dead and
our father confessed the killing.

Question 23: What did you feel after knowing that your father has killed your mom?

Answer: I feel devastated.

Question 24: Is there anything else you would like to say to this Honorable Court?

Answer: Nothing more at this time.

AFFIANT FURTHER SAYETH NAUGHT.

IN WITNESS WHEREOF, I have hereunto set my hand this 24th day of June 1996, at the
Municipality of Sto. Tomas, La Union Philippines.

ALMA JAVIER
Affiant

SUBSCRIBED AND SWORN TO before me this this 24th day of June 1996, at
Municipality of Sto. Tomas, La Union, affiant exhibited to me her community Tax Certificate
No.123444890 issued on June 23, 1996, at the Municipality of Sto. Tomas, La Union
Philippines, bearing his photograph and signature.

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CERTIFICATION

This is to certify that I have personally examined the affiant and I am satisfied that he
understood this complaint-affidavit and that he voluntarily executed the same.

JUAN DELA CRUZ


ASST. PROVINCIAL PROSECUTOR

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