Republic of the Philippines

City of Tacloban s.s.

AFFIDAVIT-COMPLAINT

I, RIZA A. MALATE, 35 years old, married, and a resident of

Block 30, Lot 11, New York Street, Phase 4, V&G Subdivision
Tacloban City, after having been duly sworn to in accordance with
law, hereby deposes and says THAT:

1. I am the mother of Rhyzza Mae A. Malate, 12 years old,

enrolled as a Grade Six Pupil at Liceo Del Verbo Divino,
Tacloban City. A machine copy of the birth certificate of
Rhyzza Mae A. Malate is hereunto attached and made as an
integral part hereof as Annex “A”;

2. Last July 1, 2013, on or about 9:30 P.M., my daughter

Rhyzza Mae A. Malate with her cousin Angelyn A. Gonzaga,
asked for my permission to attend the funeral of their
grandmother, the late Ruby Azucena.

3. Because of the assurance of Angelyn that she will be

looking and taking care of Rhyzza Mae, I allowed them to go
ahead of me as I was also planning of going there and that
the place of the wake was only a few houses away. While I
was on my way to the wake, I heard a commotion at a near
distance, which was followed by shouting and crying so I
hurriedly went to the place. Upon my arrival, I saw my
daughter lying in the ground, bathe in her own blood, with
Angelyn hoarsely shouting and crying for help. Trembling
and lost for words, I asked Angelyn who was the culprit of
the crime which she answered without hesitation as one
named Dino Q. dela Cruz. I asked her where Dino is and
she replied, “dumalagan na tita” ( he has already fled
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 auntie). Crying for help, I asked and begged the people
around us to help me bring my daughter to the nearest
hospital which was responded to with haste by Alan Burt
Altar and other relatives who were around. The sworn
statement of Alan Burt Altar is hereunto attached and made
an integral part of this complaint as Annex “B”;

4. Upon arrival at the Tacloban City Hospital, Dr. Pia Gomez,

immediately attended my daughter and after a thorough
examination, declared her dead on arrival. The medico-legal
autopsy report, the NSO death certificate and a certification
from the City Civil Registrar of Rhyzza Mae A. Malate is
hereunto attached and made an integral part of the
complaint as Annex “C” , “ D”, and “E”, respectively;

5. While at the hospital, I inquired Angelyn if the said Dino Q.

dela Cruz was the same Dino Q. dela Cruz who is our
neighbor and who came to our house earlier that day to
borrow money from me which she positively identified as the
same person. The sworn statement of Angelyn A. Gonzaga
is hereunto attached and made an integral part of this
complaint as Annex “F”;

6. I denied the request of said Dino Q. dela Cruz because of

his notorious character in our neighborhood as a drunkard,
gambler and without a permanent job and that after the said
refusal to lend money, he mumbled and uttered to me that I
would surely regret my decision which statement I took for
granted.

7. I immediately reported the stabbing incident on or about

12:00 o’clock midnight at the Marasbaras Police Station
which is the nearest police station. The original copy of the
excerpt of the police blotter duly issued by Senior Police

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 Inspector Virgilio Lentejas III of Marasbaras Police Station is
hereunto attached and made as an integral part hereof as
Annex “G” of the complaint;

8. I am therefore executing this affidavit freely and voluntarily in

support of my intent to file a case for MURDER and/or the
appropriate criminal case against Dino Q. dela Cruz, who is
30 years of age and a resident of Block 30, Lot 9, New York
Street, Phase 4, V&G Subdivision, Tacloban City.

IN WITNESS WHEREOF, I have hereunto set my hand this 2 nd

day of July, 2013 at Tacloban City, Philippines.

RIZA A. MALATE
Affiant

SUBSCRIBED AND SWORN to before me this 2nd day of July

2013 at Tacloban City, Philippines and I FURTHER CERTIFY that I
have personally examined the affiant and I am satisfied that he/she
has read and personally understood the contents of her foregoing
“Complaint-Affidavit”.

HAROLD B. LACABA
Prosecutor II
Roll No. 51379-2006
IBP No. 808787-1/3/11
PTR No. 4128464- 1/3/11; Leyte
MCLE Compliance III No. 0013601
Issued on April 22, 2010

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