Republic of the Philippines )

Province of Lanao del Norte)

Municipality of Kapatagan ) S.S

AFFIDAVIT-COMPLAINT

I, MERIAM C. RODA, of legal age, widow, and a resident of Darumawang Ilaya, Lala,
Lanao del Norte, Philippines, after being sworn to in accordance with law, depose and
state:

1. That I am the live-in-partner of Rico C. Montalban (RICO);

2. That I am executing this affidavit-Complaint to charge, PAT Francil S. Barazona,
a resident of P-4, Darumawang Ilaya, Lala, Lanao del Norte for murder, defined
and punished under Article 249 of the Revised Penal Code for the death of Rico
C. Montalban. The offense was committed under the circumstances narrated
below:

2.a That on February 8, 2020, at around 9:00 more or less in the evening, I
was in our house located at Darumawang Ilaya, Lala, Lanao del Norte. My father,
Alberto C. Roda, my live-in-partner Rico, Gardo Belarde (Gardo) and Marcos
Roda (Marcos) were drinking alcoholic beverage in our living room;

2.b That during our conversation regarding the baptismal of our youngest
child, a misunderstanding ensued between me and Rico. My Father tried to
intervene but it led to a fist fight between him and Rico to which Gardo and I
managed to separate the two;

2.c Then I hurriedly brought my father to a safer place in a solar dryer nearby
our house. I chanced upon our neighbour, Franco Barazona (Franco) and asked
if my Father can stay at his house for a while;

2.d While I was watching from the balcony of Francil’s house, I saw Rico
chasing Apolo, my nephew. Because Apolo managed to run fast Marcos Roda
beside me called Rico ‘Dong Rico that is my grandson Apolo Then he went back
to our house, when he passed in the solar drier, our neighbour Police Officer
Francil Barazona pointed a gun and uttered, ‘uncle, I surrender imong armas’
(uncle, surrender your weapon). He was referring to the bolo Rico was holding.
The Police Officer fired a warning shot and Rico reacted, wala kay labot ani ayaw
pag apil apil.

2.e Then I saw Rico went inside our house and Police Officer Francil followed
him until the front door while still pointing the gun. After a while, Police Officer
Francil took several steps backward while Rico confronting him then I saw him
fired three successive gun shots;

2.f I rushed to the solar drier and I saw my husband walked slowly to our
house; after long while, we bought him to the Hospital but he was declared Dead
on Arrival (DOA). A Death certificate signed by Dr. Ava O. Liwanag, attested that
indeed Ricos cause of death was due to multiple gunshot wounds. A copy of the
Death Certificate and made integral part of this complaint as ‘Annex A’;s

2.g. After two days Monday February 10, 2020, 9:00am I was invited by the
Barangay Captain Dogerman Lopez because the Municipality Lala Police
Officers were trying to negotiate for a desistance as for attached agreement
 (Kasabutan) and because of my fear I signed the agreement but not in my well.
They gave me an assistance in the amount of four thousand pesos.
3. That due to my live-in-partner untimely death, I incurred funeral expenses in the
approximate amount of P40,000.00. his sudden and unexpected death had
cause me great emotional distress, sleepless nights and mental anguish. Also, I
am faced with the dilemma of raising our five children alone.

4. I am executing this affidavit-complaint for the purpose of attesting to the truth of

the foregoing statements and to charge Pat Francil Barazona for murder.

IN WITNESS WHEREOF, I have hereunto affixed my signature this 20 th day of

February 2020 at Tubod, Lanao del Norte, Philippines.

MERIAM C. RODA
Affiant

SUBSCRIBED AND SWORN before me this 20th day of February 2020 at Tubod,
Lanao del Norte. Affiant exhibiting to me her identification card with photo showing to
me that she is the same who executed this Affidavit.
Republic of the Philippines )
Province of Lanao del Norte)
Municipality of Kapatagan ) S.S.

AFFIDAVIT OF WITNESS

I, RICA MAE R. MONTALBAN, 11 years old, single, and a resident of

Darumawang Ilaya, Lala, Lanao del Norte, Philippines, after being sworn to in
accordance with law, depose and state:

1. That on February 8, 2020 at around 5:00 in the afternoon, while I was

cleaning outside our house, I saw our neighbour Police Officer Francil
Barasona, his father, Franco Barasona (Franco) and some other persons
drinking alcoholic beverages in the Balcony of _________ Franco’s House;
2. That at around 9:00 in the evening more or less of the same date, I was in our
room when I heard commotions coming from our living room; Then I saw my
grandfather, Alberto C. Roda and father, Rico Montalban, get into Fist fight
while my mother and uncle Gardo tried to separate the two;
3. Then I followed my mother who brought my grandfather outside our house in
a nearby solar dryer;
4. I stayed at the solar dryer when my mother and grandfather went to Francil’s
house. Then I saw my father chasing Apolo, my mother’s nephew , my father
was’nt able to catch him. Then he went back to our house, when he passed
our solar drier, our neighbour Police Officer Francil Barazona pointed a gun
and uttered,” Uncle I-surrender imong armas” (uncle , surrender your
weapon). He was referring to the bolo my father was holding. The Police
Officer fired a warning shot;
5. My Father went inside our house while Police Officer Francil still pointing the
gun outside the doorstep. Then, I saw police officer Francil still pointing the
gun as my father advancing towards him still holding the bolo but saying
pamilya rani wala kay labot ani, then he was shot three times

IN WITNESS WHEREOF, I have hereunto affixed my signature this 20 th day

of February 2020 at Tubod, Lanao del Norte, Philippines.

Assisted by: RICA MAE R. MONTALBAN

Affiant

MERIAM C. RODA
Mother of affiant

SUBSCRIBED AND SWORN before me this 20th day of February 2020 at

Tubod, Lanao del Norte. Affiant exhibiting to me her identification card with
photo showing to me that she is the same who executed this Affidavit.