Legal Forms

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Group 4

INFORMATION FOR THE CRIME OF MURDER

Arch P. Sanchez

WARRANT OF ARREST
Christy M. Sanguyu

SEARCH WARRANT
Stephanie Lorraine S. Yarte

AFFIDAVIT OF DESISTANCE
Nehvin Siasoco

ATTY. MA. JESUSA ELANOR S. MAGBANUA

February 23, 2020

Information for the Crime of Murder Arch P. Sanchez

Under what Rule or Law does one file Information for the Crime of Murder?
This is filed under Article 248 (Murder) of Act No. 3815 otherwise known as the Revised Penal Code.
What are the grounds for filing?
Article 248 of the RPC provides that any person who, not falling within the provisions of Article 246 (Parricide)
shall kill another, shall be guilty of murder and shall be punished by reclusion perpetua to death, if committed
with any of the following attendant circumstances:
1. With treachery, taking advantage of superior strength, with the aid of armed men, or employing means
to weaken the defense or of means or persons to insure or afford impunity.
2. In consideration of a price, reward, or promise.
3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault
upon a railroad, fall of an airship, or by means of motor vehicles, or with the use of any other means
involving great waste and ruin.
4. On occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake,
eruption of a volcano, destructive cyclone, epidemic or other public calamity.
5. With evident premeditation.
6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or
scoffing at his person or corpse.

Who may institute?

Under the Rules of Court, the institution of a criminal action generally depends upon whether or not the offense
is one which requires a preliminary investigation. Where a preliminary investigation is required, a criminal
action is instituted by filing the complaint with the proper officer for the purpose of conducting the requisite
preliminary investigation. Generally, a preliminary investigation is required to be conducted before the filing of
a complaint or information for an offense where the penalty prescribed by law is at least four (4) years, two (2)
months and one (1) day without regard to the fine.
If the investigating prosecutor finds cause to hold the respondent for trial, he shall prepare the resolution and
information. Under Rule 110, Section 4 of the Rules of Court, an information is an accusation in writing
charging a person with an offense, subscribed by the prosecutor and filed with the court.
In the case of murder, a preliminary investigation is generally required, hence, the prosecutor is the one who
will prepare and file the information with the court.
When is this filed?
The information must be filed within the prescriptive period for filing the offense.
Under Article 90 of the Revised Penal Code, crimes punishable by death, reclusion perpetua or reclusion
temporal shall prescribe in twenty years.
Murder is punishable by reclusion perpetua to death, hence, it prescribes in twenty years.
Where is this filed?
Jurisdiction:
Under Section 20 of B.P 129, RTCs shall exercise exclusive original jurisdiction in all criminal cases not within
the exclusive jurisdiction of any court, tribunal or body. Section 32 of the same law also provides that first level
courts (MTC/MeTC/MTCC/MCTC) shall have exclusive original jurisdiction over all offenses punishable with
imprisonment not exceeding six (6) years irrespective of the amount of fine, and regardless of other imposable
accessory or other penalties.
In the crime of murder, the imposable penalty exceeds six (6) years, hence, RTC has jurisdiction.
2
Venue:
Under Rule 110, Section 15(a) of the Rules of Court, a criminal action shall be instituted and tried in the court
of the municipality or territory where the offense was committed or where any of its essential ingredients
occurred.
In criminal cases, venue is jurisdictional.
Parts and Contents
A. Caption - the caption sets forth:
1. the name of the court,
2. the title of the action -the title of the action indicates the names of the parties. The first one is the
plaintiff denominated as “People of the Philippines” and the second name is the offender
denominated as “Accused”.
3. the docket number if assigned.

B. Body - a complaint or information is sufficient if it states:

1. the name of the accused
2. the designation of the offense given by the statute
3. the acts or omissions complained of as constituting the offense
4. the qualifying and aggravating circumstances
5. the name of the offended party
6. the approximate date of the commission of the offense
7. the place where the offense was committed.

C. Signature of the Prosecutor

D. Certification of the Prosecutor

Designation of the offense

It is settled that it is the allegations in the information that determine the nature of the offense, not the technical
name given by the public prosecutor in the preamble or caption of the information. The crime committed is
determined by the recital of the ultimate facts and circumstances in the complaint or information.
Duplicity or multiplicity of charges
Only one offense must be charged in the complaint or information, except when the law prescribes a single
punishment for various offenses. But when two or more offenses are charged in a single complaint or
information but the accused fails to object to it before trial, the court may convict him of as many offenses as
are charged and proved.
Cause of accusation
An accused cannot be convicted of any offense until it is charged in the information on which he is tried or is
necessarily included therein.
Qualifying and aggravating circumstances
Every information must state the qualifying and the generic aggravating circumstances attending the
commission of the crime for them to be considered in the imposition of the penalty.

3
Sample Information for the Crime of Murder:

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
BRANCH 53, MANILA CITY

THE PEOPLE OF THE PHILIPPINES,

Plaintiff, CRIM. CASE NO. 123456
MURDER
- versus -

JUAN DELA CRUZ,

Accused.
X X

INFORMATION

The undersigned accused Associate City Prosecutor accuses JUAN DELA CRUZ, a resident of 123 Jose
Abad Santos, Tondo, Manila City, Philippines of the crime of MURDER, defined and penalized under Article
248 of the Revised Penal Code, committed as follows:

That on or about the 28th day of January, 2020, in the City of Manila, and within the jurisdiction of this
Honorable Court, the said accused, while serving as domestic helper in the household of PEDRO SANTOS,
with treachery and evident premeditation, and with great abuse of confidence, did then and there willfully,
unlawfully and feloniously attack, assault and stab his employer Pedro Santos with a knife, while the latter was
asleep in the master’s bedroom alone, to insure that there would not be any risk to himself, inflicting upon said
employer fatal wounds in the chest and the head which caused the direct death of said Pedro Santos.

CONTRARY TO LAW.

Manila City, Philippines, February 14, 2020.

ELOISA PINILI
Associate City Prosecutor

4
 CERTIFICATION

I hereby certify that the foregoing information is filed pursuant to the Rules of Criminal Procedure, the
accused not having opted to avail himself of his right to preliminary investigation and not having executed a
waiver pursuant to the Revised Penal Code. I further certify that this information is being filed with the prior
authority of the City Prosecutor.

Manila City, Philippines

ELOISA PINILI
Associate City Prosecutor

SUBSCRIBED AND SWORN to before me this 17th day of February 2020, at Manila City, Philippines.

JAY DORINCOURT
Associate City Prosecutor

Witnesses:
1. Jaypee Perez - Sta.Cruz, Manila City
2. Andres Aguinaldo – Tondo, Manila City

Bail Recommended: None

5
WARRANT OF ARREST CHRISTY M. SANGUYU/2018-0256

How then can a warrant of arrest be secured?  A warrant of arrest is issued by a judge after personally
evaluating the report and supporting documents submitted by the prosecutor on the existence of probable cause.
Normally, this is a result of a preliminary investigation conducted by the prosecutor wherein both parties are
given opportunities to file their respective Affidavits.  If the prosecutor finds probable cause that the accused
has committed the crime, he will file an information in court.  Thus, you can see that it is not a quick process
and due process is fervently observed.1

Definition
What is a warrant of arrest? A warrant of arrest is an order issued by a competent authority directing the taking
of a person into custody in order that he may be bound to answer for the commission of an offense.

Principles governing the finding of probable cause for the issuance of a warrant of arrest - Objective of
determining probable cause as done by the prosecutor and that done by the judge
Prosecutor – determines it for the purpose of filing the complaint or information;
Judge – determines it for the purpose of issuing a warrant of arrest to determine whether there is a necessity of
placing the accused under immediate custody in order not to frustrate the ends of justice.
Hence, the judge shouldn’t rely solely on the report of the prosecutor in finding probable cause to justify the
issuance of warrant of arrest. He must decide independently and must have supporting evidence other than the
prosecutor’s bare report.2

Who files for the issuance of the warrant of arrest? Prosecutor

Who issues the warrant of arrest? Judge

Requisites for the issuance of a valid warrant of arrest under Sec. 5, Rule 112 of the RRC
1. Within ten (10) days after the preliminary investigation;
2. The judge shall personally evaluate the resolution of the prosecutor and its supporting evidence;
3. Within thirty (30) days from receipt of the records, the provincial or city prosecutor, or the Ombudsman or
his deputy, as the case may be, shall review the resolution of the investigating judge on the existence of
probable cause:
a. If the judge finds probable cause, he shall issue a warrant of arrest;
b. They shall order the release of an accused who is detained if no probable cause is found against him.

Requisites for the issuance of a valid warrant of arrest under Sec. 6, Rule 112 of the RRC
A. If issued by the RTC – within 10 days from the filing of the complaint or information, the judge shall
personally evaluate the resolution of the prosecutor and its supporting evidence.
a. He may immediately dismiss the case of the evidence on record clearly fails to establish probable
cause.
b. If he finds probable cause, he shall issue a warrant of arrest, or a commitment order if the
accused has already been arrested pursuant to a warrant issued by a judge who conducted the
preliminary investigation or when the complaint or information was filed pursuant to Sec.7, Rule
112 (lawful warrantless arrest).
c. In case of doubt on the existence of probable cause, the judge may order the prosecutor to
present additional evidence within 5 days from notice and the issue must be resolved by the court
within 30 days from the filing of the complaint or information.
B. If issued by the MTC and if the preliminary investigation was conducted by the prosecutor, the same
procedure as above is followed.

When is a warrant of arrest not necessary?

A warrant of arrest is not necessary in the following instances:
1
When Can a Policeman Arrest You? https://ndvlaw.com/when-can-a-policeman-arrest-you/
accessed: February 22, 2020.
2
CIRCULAR NO. 12 June 30, 1987
6
 1. When the accused is already in detention issued by the MTC
2. When the accused was arrested by virtue of a lawful arrest without warrant
3. When the penalty is of a fine only3
4. Those covered by a summary procedure4

How effected? Sec. 4, Rule 113, RPC – Execution of Arrest

The head of the office to whom the warrant of arrest was delivered for execution shall cause the warrant to be
executed within 10 days from its receipt. Within 10 days after the expiration of the period, the officer to whom
it was assigned for execution shall make a report to the judge who issued the warrant. In case of his failure to
execute the warrant, he shall state the reasons therefore.

Note: Police officers may effect arrest without the warrant in their possession at the time of arrest.
Note: A warrant of arrest remains valid until the arrest is effected, lifted, or quashed. (file a motion to lift
warrant of arrest, or motion to quash information)

Effects of Warrant of Arrest

1. Party whom a warrant of arrest has been served – taken into custody
2. Law officer failed to execute the warrant within 10 days from receipt – return of the warrant of arrest
and make a report to the judge who issued the warrant and state the reasons therefore.
3. File Motion for Issuance of Alias Warrant of Arrest

Remedies of a party against whom a warrant of arrest has been issued - A party whom a warrant of arrest
has been issued may
1. Post bail
2. Ask for reinvestigation
3. File a motion to quash information
4. File a petition for review - if denied, he may appeal the judgment after trial (not certiorari)

Parts of Warrant of Arrest

A. Caption
B. Title & Body
C. Signature of Issuing Judge
D. Indorsement & Signature of Clerk of Court

3
Sec. 6(c), Rule 112, RPC
4
Sec. 16, Revised Rules on Summary Procedure
7
SAMPLE FORM
REPUBLIC OF THE PHILIPPINES
REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
BRANCH 123, CALOOCAN CITY

PEOPLE OF THE PHILIPPINES,

Plaintiff,
CRIM. CASE NO. C-24680
-versus- For: MURDER

JOSEPH E. SANTOS,
PETER E. SANTOS,
Accused.
x------------------------------------x

ORDER OF ARREST
TO ANY OFFICER OF LAW:

You are hereby commanded to arrest the following person/s who is/are said to be found at the address
indicated:

JOSEPH E. SANTOS – Rm 220 Cityland Herrera Tower, #98 VA Rufino cor Valero Streets, Salcedo
Village, Makati City

PETER E. SANTOS - -do-

And who has/have been charged with the crime of MURDER under Article 248 of the Act No. 3815 otherwise
known as THE REVISED PENAL CODE OF THE PHILIPPINES and bring him/her/them forthwith before this
Court to be dealt with in accordance with the Law and the Rules of Court direct.

NO BAIL RECOMMENDED.

City of Caloocan, Metro Manila, February 20, 2020.

MINA PARKSON (sgd)

Presiding Judge

FIRST INDORSEMENT

Respectfully referred to:

Chief of Police, Caloocan City

Chief of Police, Taguig City
Chief, Warrant Section, NBI, Manila
The Director, CIDG, NCR
The Commissioner, Bureau of Immigration, Intramuros, Manila,

Requesting service and to return proof of service within 10 days from receipt thereof.

ATTY. ERIC MOON (sgd)

8
Branch Clerk of Court

9
SEARCH WARRANT Stephanie Lorraine S. Yarte

The Legal Bases for the issuance of a search warrant are Section 2, Article 3 of the 1987 Constitution, Rule 126
of the Revised Rules on Criminal Procedure, and A.M. No. 99-20-09-SC.
Definition: A search warrant is an order in writing issued in the name of the People of the Philippines, signed
by a judge and directed to a peace officer, commanding him to search for personal property described therein
and bring it before the court.5
Where/When filed: Both first and second level courts can issue a search warrant.
If there is no criminal action pending in court, an application may be filed:
a.) in a court within whose territorial jurisdiction a crime was committed; or, 6
b.) for compelling reasons stated in the application, any court where the crime was committed if the place of
the commission of the crime is known, or any court within the judicial region where the warrant shall be
enforced.7
However, the application shall only be made in the court where the criminal action is pending once the
complaint has been filed in court.8
Applicant: The applicant for a search warrant is the complainant.9
Requisites for Issuance:
a. It shall not issue except upon probable cause in connection with one specific offense to be
determined personally by the judge after examination under oath or affirmation of the complainant
and the witnesses he may produce.

It must be noted that Executive Judges or in their absence, the Vice-executive Judges of RTCs of
Manila and Quezon City are authorized to act on all applications for search warrant involving
heinous crimes, illegal gambling, dangerous drugs and illegal possession of firearms,10 the anti-
money laundering act, and the tariff and customs code11. In such cases, the application is personally
endorsed by the head of the Philippine National Police (PNP), the National Bureau of Investigation
(NBI), The Presidential Anti-Organized Crime Task Force (PAOC-TF) and the Reaction Against
Crime Task Force (REACT-TF).12

b. The application must particularly describe the place to be searched and the things to be seized which
may be anywhere in the Philippines.
Effect of Issuance: An officer of the court shall be ordered to go to the place particularly described in the
warrant and seize the property specified therein. Thereafter, the property will be placed under custodia legis and
the complainant can present it as evidence during trial.
Contents of Application for Search Warrant:
A. Caption:
1. Court name
2. Title of the case
3. Docket number
5
RULES OF COURT rule 126, §1.
6
RULES OF COURT rule 126, §2.
7
Id.
8
Id.
9
RULES OF COURT rule 126, §4 and 5.
10
Supreme Court of the Philippines, Resolution Clarifying Guidelines on The Application For And Enforceability Of
Search Warrants, A. M. NO. 99-20-09-SC, issued on JANUARY 25, 2000.
11
Office of the Court Administrator, Constitutional Requirements and Rules in the Issuance of Arrest and Search
Warrants,OCA-Circular-No.-40-2016 issued on February 10, 2016.
12
Id.
10
 B. Title of the pleading: “Application for Search Warrant”
C. Body:
1. The name of the applicant
2. The compelling reasons for the application (if applied outside the judicial region)
3. The crime involved in the complaint
4. The facts regarding the verification of the complaint
5. The particular place to be searched
6. A statement similar to a verification and certification of non-forum shopping

(“Note: Although applications for search warrant need not be verified and does not need a
certification against forum shopping, it is recommended that “verification and
certification of non-forum shopping” must be stated in the application itself. The reason
is, criminals today knew that whenever an applicant for search warrant is denied by one
judge, it is easy for him to apply search warrant in another judge and so on and so forth.
During proceedings to quash the warrant, this ground is always cited. The Supreme
Court, in the case of Washington Distillers vs CA (GR No. 118151, 22 August 1996)
considered the practice as intolerable and violates the prohibition on forum shopping.”)13

D. A statement of the relief prayed for

E. Jurat
Attachments:
F. Endorsement letter of the head of the law enforcement office
G. Attach affidavit of witnesses and complainant
H. Sketch of the place to be searched
Contents of Search Warrant
A. Caption
B. Title and Body
C. Signature of Issuing Judge

13
Psi Garry Franco C. Puaso, On Application for Issuance of Search Warrant, available at
https://ls.pnp.gov.ph/images/pdf/Application%20for%20SW%20Publication.pdf (last accessed February 21, 2020).
11
 Republic of the Philippines
FIRST JUDICIAL REGION
REGIONAL TRIAL COURT
Branch 9
Baguio City, Benguet

People of the Philippines

Plaintiff Search Warrant No. ____

- VERSUS – For:
Violation of Section 2(c), in relation to
Jamie Inchong Section 4 of B.P. Blg. 33
Respondent.

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

APPLICATION FOR SEARCH WARRANT

COMES NOW, the undersigned applicant, John Dela Cruz, Senior Agent, National Bureau of
Investigation Cordillera Administrative Region (NBI-CAR) located in Baguio City, after having been sworn in
accordance with law, respectfully avers:

1. That I was informed, verily believes, and has personally verified that Jamie Inchong, occupant of
MAGANDA GAS CORPORATION, located at 289 Barangay Anahaw, Baguio City, Benguet, are
engaged in the underfilling of LPG products and/or possession of underfilling of liquefied petroleum
gas (LPG) cylinders for the purpose of sale, distribution, transportation, exchange, or barter, in
violation of Section 2 (c), in relation to Section 4 of Batas Blg. 33, as amended by P.D. 1865. In
connection therewith, the respondent have in their control or possession, the following particularly
described articles which are being utilized, kept, displayed, and/or stored at the abovementioned
premises:

A. Empty/filled fifty kilogram (50 kg) Liquefied petroleum gas cylinders to be used for the underfilling
beyond authorized limits of LPG products for the purpose of sale described as follows:
i. LPG cylinders owned by Pilipinas Shell Petroleum Corporation
ii. LPG cylinders owned by Petron Corporation
B. Machinery and equipment, such as but not limited to, LPG Bullet tanks, LPG Filling heads, LPG
fillings scales.
C. Invoices, ledgers, journals, delivery receipts, official receipts, and all other books of accounts, and
documents showing underfilling of the LPG cylinders.

All the above-described articles are being used or intended to be used by the respondent in
violation of Section 2 (c), in relation to Section 4 of Batas Blg. 33, as amended by P.D. 1865. The
location sketch of MAGANDA GAS CORPORATION, 289 Barangay Anahaw, Baguio City, Benguet is
attached hereto as Annex “A”.

2. That I personally verified the aforementioned report and found the same to be true, and has strong
reasons to believe that a SEARCH WARRANT should be issued to enable the undersigned to take
possession of the articles and bring the same to the Honorable Court.

3. That there is no application for search warrant against the same party in any court, tribunal or agency
and that to the best of my knowledge, no such other application is pending in any court, tribunal, or
agency and if I learn that a similar application has been filed or pending before any court, tribunal, or
agency, I shall make the required notification within five (5) days from receipt thereof.

4. That the undersigned has been authorized by the superiors at the NBI to file this application, as
evidenced by a certificate issued by Director Inocencio A.B. which is attached hereto as Annex “B”.

12
 5. That copies of the affidavits of the undersigned and his witness, David David, are attached hereto as
Annex “C” and “D” respectively, for perusal of the honorable court.

WHEREFORE, the undersigned most respectfully prays that this Honorable Court issue a search
warrant against the respondent authorizing the undersigned or any police officer to search the premises
described in paragraph 1; and, to seize and bring to this Court the things or properties enumerated in the same
paragraph.

Baguio City, Benguet, 7 January 2020

JOHN DELA CRUZ

NBI Senior Agent
Applicant

SUBSCRIBED AND SWORN to before me this 7th day of January 2020 at Baguio City, Benguet.

HON. ANA SARMIENTO

Presiding Judge

13
 Republic of the Philippines
FIRST JUDICIAL REGION
REGIONAL TRIAL COURT
Branch 9
Baguio City, Benguet

People of the Philippines

Plaintiff Search Warrant No. ____

- VERSUS – For:
Violation of Section 2(c), in relation to
Jamie Inchong Section 4 of B.P. Blg. 33
Respondent.

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

SEARCH WARRANT

TO ANY PEACE OFFICER:

GREETINGS.

It appearing to the satisfaction of the undersigned, after examining under oath the applicant, JOHN
DELA CRUZ, Senior Agent, National Bureau of Investigation- Cordillera Administrative Region (“NBI-CAR”,
for brevity), NBI Building, Baguio City, and his witness, Mr. David David, that there are good and sufficient
reasons to believe that a violation of Section 2 (c), in relation to Section 4 of Batas Blg. 33, as amended by P.D.
1865, has been committed or is about to be committed, and that there are good and sufficient reasons to believe
that the following:

A. Empty/filled fifty kilogram (50 kg) Liquefied petroleum gas cylinders to be used for the underfilling
beyond authorized limits of LPG products for the purpose of sale described as follows:
i. LPG cylinders owned by Pilipinas Shell Petroleum Corporation
ii. LPG cylinders owned by Petron Corporation

B. Machinery and equipment, such as but not limited to, LPG Bullet tanks, LPG Filling heads, LPG
fillings scales.

C. Invoices, ledgers, journals, delivery receipts, official receipts, and all other books of accounts, and
documents showing underfilling of the LPG cylinders.

are in the possession and control of Jamie Inchong occupant of MAGANDA GAS CORPORATION located at
289 Barangay Anahaw, Baguio City, Benguet, and which are being kept and displayed at the abovementioned
address.

You are hereby commanded to make an immediate search at any time of the day or night, of the
premises above described, and to search for and seize the above-described personal properties which are the
subject of the aforesaid offense and bring them to this court.

You are further directed to submit a return of the warrant within ten (10) days from today.

GIVEN UNDER MY HAND AND SEAL, this 7 th day of January 2020 at Baguio City, Benguet,
Philippines.

HON. ANA SARMIENTO

Presiding Judge

14
Affidavit of Desistance Nehvin Siasoco

It means the complainant states that he/she did not really intend to institute
the case and that he is no longer interested in testifying, or prosecuting.

It is different from an affidavit of recantation which a witness declares that

previous statements made by him/her are not true.
     .
Who
It is filed by the aggrieved party

When
A. During the pendency of the case
B. Even after judgement of the RTC

Where
Court which acquired jurisdiction

Parts and Contents

A. Title of the Affidavit

B. Caption - the caption sets forth:

1.the name of the court,
2.the title of the action -the title of the action indicates the names of the
parties. The first one is the plaintiff denominated as “People of the Philippines”
and the second name is the offender denominated as “Accused”.
3.the docket number if assigned.

C. Body
1.The name of the complainant with sufficient identification
2.the designation of the offense given by the statute
3.The reason for desisting

D. Acknowledgement
E. Jurat

Effect
It is a ground for dismissing the case only if the prosecution can no longer
prove the guilt of the accused beyond reasonable doubt without the testimony of
the offended party.

It has been held that an affidavit of desistance is merely an additional ground to buttress the
accused's defenses, not the sole consideration that can result in acquittal. To reiterate, there must be
other circumstances which, when coupled with the retraction or desistance, create doubts as to the
truth of the testimony given by the witnesses during trial and accepted by the judge 14

It is settled that an affidavit of desistance made by a witness, including the private complainant,
after conviction of the accused is not reliable, and deserves only scant attention. The rationale for the

14
Adlawan vs People GR. 197645
15
rule is obvious: affidavits of retraction can easily be secured from witnesses, usually through
intimidation or for a monetary consideration.15

Sample
As used in the case of Alonte vs Savellano

AFFIDAVIT OF DESISTANCE

I, JUVIE-LYN YAMBAO PUNONGBAYAN, 17 years of age, a resident of No. 5 Uranus Street,

Congressional Avenue Subdivision, Quezon City, duly assisted by private legal counsel and my
parents, after having duly sworn in accordance with law, depose and say:

1. That I am the Complainant in the rape case filed against Mayor Bayani "Arthur" Alonte of
Biñan, Laguna, with the RTC-Branch 25 of Biñan, Laguna;

2. That the case has been pending for some time, on preliminary issues, specifically, (a)
change of venue, filed with the Supreme Court; (b) propriety of the appeal to the Court of
Appeals, and after its denial by said court, brought to the Office of the President, on the
veracity of the findings of the Five-Man Investigating Panel of the State Prosecutor's Office,
and the Secretary of Justice, and (c) a hold-departure order filed with the Biñan Court.

3. That the legal process moves ever so slowly, and meanwhile, I have already lost two (2)
semesters of my college residence. And when the actual trial is held after all the preliminary
issues are finally resolved, I anticipate a still indefinite suspension of my schooling to attend
the hearings;

4. That during the entire period since I filed the case, my family has lived a most abnormal life:
my father and mother had to give up their jobs; my younger brother, who is in fourth grade, had
to stop his schooling, like myself;

5. That I do not blame anyone for the long, judicial process, I simply wish to stop and live
elsewhere with my family, where we can start life anew, and live normally once again;

6. That I pray that I be allowed to withdraw my complaint for rape and the other charge for child
abuse wherein the Five-Man Investigating Panel of the Office of the State Prosecutor found a
prima facie case although the information has not been filed, and that I will not at any time
revive this, and related cases or file new cases, whether, criminal, civil, and/or administrative,
here or anywhere in the Philippines;

7 That I likewise realize that the execution of this Affidavit will put to doubt my credibility as a
witness-complainant;

8. That this is my final decision reached without fear or favor, premised on a corresponding
commitment that there will be no reprisals in whatever form, against members of the police
force or any other official of officer, my relatives and friends who extended assistance to me in
whatever way, in my search for justice.

WHEREOF, I affix my signature this 25 day of June, 1997, in Quezon City.

(Sgd) JUVIE-LYN Y. PUNONGBAYAN

Complainant
15
Adlawan vs People GR.197645
16
Assisted by:

(Sgd) ATTY. REMEDIOS C. BALBIN

Private Prosecutor

In the presence of:

(Sgd) PABLO PUNONGBAYAN (Sgd) JULIE Y. PUNONGBAYAN

Father Mother

SUBSCRIBED AND SWORN to before me this 25 day of June, 1997, in Quezon City.

(Sgd)
Administering Officer16

16
Alonte vs. Savellano G.R. No. 131652 March 9, 1998
17