FOLDER

Murder under Article 248(1) of Act No. 3815 or the Revised Penal Code
(RPC)

Submitted To:
Dean Marlon V. Abellana, RCrim

Submitted By:
 Apa, Rodmel
 Aragon, Nielita
 Atabelo, Gimuel
 Aying, Princess
 Calago, Charlyn
 Calago, Jane Melody
 Calago, Junry
 Dalogdog, Mario
 Delgado, Rosemarie Mae
 Fiel, Alfred
 Gelig, Johnde Plor
 Lariosa, Aldin
 Morales, Allan Clent
 Romo, Sanito
 Toquero, Mario Jr.
 Ubanan, Gerna Mae
 Republic of the Philippines
Department of Justice
National Prosecution Service
CITY OF PROSECUTION OFFICE
Cebu City Hall of Justice
Qimonda It Center, Don Sirgio Osmeña St. North Reclamation Area,
Cebu City
(032) 401 8446

PEOPLE OF THE PHILIPPINES

Plaintiff-appellee G.R. No. L-18793
-VERSUS- Murder under Article
248(1) of Act No. 3815 or
Johnde Plor Gelig
the Revised Penal Code
Defendant-appellant
(RPC)
x-------------------------------------//

INFORMATION
The undersigned Prosecutor accuses Johnde Plor Gelig for murder under Article
248(1) of Act No. 3815 or the Revised Penal Code (RPC), committed as follows.
That on or about the 12th day of October, about ., in Alumnos, Basak
San Nicolas , and within the jurisdiction of this Honorable Court, the above named
accused, armed with a gun, with intent to kill, treachery and evident premeditation,
did then and there willfully, unlawfully and feloniously attack, assault and shoot
with the said weapon on Mario Dalogdog, hitting the victim on his head and his
left chest, thereby inflicting upon the victim gunshot wound, which caused his
immediate death.
CONTRARY TO LAW.
Cebu City, Philippines, 12th day of December
MARIO DALOGDOG
Prosecutor
APPROVED:
MARIO MONTEMAYOR
City Prosecutor
BAIL BOND RECOMMENDED:
Witnesses:
1. Sanito M. Romo Jr., co-worker of the deceased
2. Gimuel Atabelo, Philippine National Police physician who examined post
mortem corpse of of Mario Dalogdog.
THE ARRIVAL OF THE FIRST RESPONDERS TO THE ARRIVAL OF
INVESTIGATOR-ON-CASE AND THE SOCO TEAM
 REPUBLIC OF THE PHILIPPINES
NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE
Mambaling Police Station
Cebu City Police Office
Cabreros St. Basak San Nicolas, Cebu City, Philippines

PEOPLE OF THE PHILIPPINES

G.R. No. L-18793
Plaintiff-appellee
Murder under Article 248(1) of
-VERSUS- Act No. 3815 or the Revised
JOHNDE PLOR GELIG Penal Code (RPC)
Defendant-appellant
X-----------------------------------------//

COMPLAINT
The undersigned defendant Johnde Plor Gelig, Filipino, male, 22 years old,
single, residing at Cabreros St. Basak San Nicolas, Cebu City, Philippines, for the
murder under Article 248(1) of Act No. 3815 or the Revised Penal Code (RPC)
committed on 12th day of December 2021, in Alumnos, Basak San Nicolas Cebu
City Pilippines.
The facts of the case are set forth in the affidavit and other allied papers
hereto attached together with the other pieces of evidence all forming as an integral
part of this complaint.

ALLAN CLENT MORALES

P/C Insp.

EXHIBIT/S:
-Joint Affidavit of the Complainant/ Arresting Officers:
-The pieces of evidence are two (2) empty cartrigdes, one (1) swabbed blood,
paraffin cast and a phone.
-Photographs
-Chain of Custody
THE PIECES OF EVIDENCE SEIZED AT THE CRIME SCENE
 REPUBLIC OF THE PHILIPPINES
NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE
Mambaling Police Station
Cabreros St. Basak San Nicolas, Cebu City, Philippines

Date: December 12, 2021

Time: 01:10
Entry No.: 12
Page: 12
Series of 2021 Blotter Book

FOR RECORD PURPOSES

One Mr. Johnde Plor Gelig. 22 years old, Male and a resident of Cabreros St.

Basak San Nicolas, Cebu City seen by Sanito M. Romo Jr. shooting Mario

Dalogdog at construction site being shot two times in a raw, one at the head part
and the other is on the left chest. After that incident being reported,the First

Responder PO1 Nielita Aragon arrived at Seaside, Alumnos Basak San Nicolas

Cebu City. Where the shooting and the killing happened. Upon PO1 Nielita

Aragon being present at the crime scene, called for an assistance at nearest Police

Station, indicating that an incident happened and needed to be investigated.

Recorded by:

GERNA MAE UBANAN

Duty Desk Investigator

CERTIFICATION

TO WHOM IT MAY CONCERN,

THIS IS TO CERTIFY that the above extract copy was taken from the

Police Blotter, page 12 dated December 12, 2021 as recorded by PO1 Gerna Mae

Ubanan, PNP, Duty Desk Investagator.

Pursuant to Section 13, Article VIII of the Constitution and the Division

Chairperson's Attestation, it is hereby certified that the conclusions in the above

Decision had been reached in consultation before the case was assigned to the

writer of the opinion of the Court.

Issued this December 12, 2021, Cebu City, Philippines

DAVE CARPIO
 Police Chief Inspector, PNP
Chief of Police

CERTIFICATION OF INVENTORY

THIS IS TO CERTIFIED that the inventory was conducted in connection with the
following operation:

Nature of case: Murder under Article 248(1) of Act No. 3815 or the Revised Penal
Code (RPC)

Person Arrested: Johnde Plor Gelig, Filipino, male, 22 years old, single, DOB:
August 25, 1999 POB: Naga City, residing at Cabreros St. Basak San Nicolas,
Cebu City, Philippines

Time of Arrest: 08:10 PM

Date of Arrest: December 12, 2021

Place of Arrest: Cabreros St. Basak San Nicolas, Cebu City

This is to certify further that the following pieces of evidence was seized during
the said criminal investigation:
The pieces of evidence are two (2) empty cartrigdes, one (1) swabbed blood,
paraffin cast and a phone.

This certification was issued pursuant to the requirements Article 248(1) of Act
No. 3815 or the Revised Penal Code (RPC)

PO1 GIMUEL ATABELO

Arresting Officer

Witnesses:
Co-worker in the construction site: Sanito M. Romo Jr.

PNP Physician: Dr. Jane Melody C. Calago

THE INVENTORY OF THE PIECES OF EVIDENCE

REPUBLIC ACT OF THE PHILIPPINES
NATIONAL POLICE COMMISSION
 PHILIPPINE NATIONAL POLICE
REGIONAL CRIME LABORATORY OFFICE VII
Camp Sotero Cabahug, Gorordo Ave., Cebu City

Request for Examination

Chemistry Report No.: 112

CASE: Murder under Article 248(1) of Act No. 3815 or the Revised Penal Code
(RPC)

SUSPECT/S: Johnde Plor Gelig

TIME AND DATE RECEIVED: 05:00PM/ December 12, 2021

REQUESTING PARTY/ UNIT: DEPUTY COP, MAMBALING POLICE

STATION OFFICE PLT ALEMAR P. BILISTA

PIECES OF EVIDENCE SUBMITTED:

Two (2) empty cartridges, one (1) swabbed blood, paraffin cast and a phone.

PURPOSE OF EXAMINATION:
To determine the credibility of the collected evidence.

Prepared by:
PO1 GIMUEL ATABELO
 REPUBLIC ACT OF THE PHILIPPINES
NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE
REGIONAL CRIME LABORATORY OFFICE VII
Camp Sotero Cabahug, Gorordo Ave., Cebu City

Request for Examination

Chemistry Report No.: 112

CASE: Murder under Article 248(1) of Act No. 3815 or the Revised Penal Code
(RPC)

SUSPECT/S: Johnde Plor Gelig

TIME AND DATE RECEIVED: 05:00AM/ December 12, 2021

REQUESTING PARTY/ UNIT: DEPUTY COP, MAMBALING POLICE

STATION OFFICE PLT ALEMAR P. BILISTA

PIECES OF EVIDENCE SUBMITTED: Two (2) empty cartridges, one (1)

swabbed blood, paraffin cast and a phone

PURPOSE OF EXAMINATION: To determine the credibility of the collected

evidence.

FINDINGS: Qualitative examination was conducted on the pieces of evidence

submitted that resulted to knowing who the suspect.

TIME AND DATE COMPLETED: 12 1500H DECEMBER 2021

SUBSCRIBED AND SWORN to before me this 12th day of December 2021,

PNP Regional Crime Laboratory Office 7, Cebu City, Philippines.

EXAMINED BY:

ALDIN LARIOSA
CHEMIST
First Endorsement

Respectfully to the Honorable City Prosecutor, Cebu City Prosecutor’s Office,

Hon. Allan Clent Morales, Cebu City Hall for Prosecution

Prepared by:
ALLAN CLENT MORALES
Investigator, PS11, CCPO

APPROVED FOR FILING:

ALFRED FIEL
Police Inspector
Acting Chief, BPS, CCPO
 Republic of the Philippines
Department of Justice
National Prosecution Service
CITY OF PROSECUTION OFFICE
Cebu City Hall of Justice
Qimonda It Center, Don Sirgio Osmeña St. North Reclamation Area,
Cebu City
(032) 401 8446

PO1 GIMUEL ATABELO G.R. No. L-18793

Complainant
Murder under Article 248(1) of
-VERSUS- Act No. 3815 or the Revised
Penal Code (RPC)
JOHNDE PLOR GELIG
Respondent
X--------------------------------------//

JUDICIAL AFFFIDAVIT OF ARRESTING OFFICER

I, GIMUEL ATABELO, 22 years old, single, Filipino and resident
of Alumnos Basak San Nicolas, one, after having been duly sworn to in accordance
with the law do hereby despose and say:
PRELIMINARY STATEMENT
The interrogating me is PROS. MARIO DALOGDOG a bonifide
member of the intregrated Bar of the Philippines and National Prosecution Service
with the office at Cebu City Hall of the Justice, Oimonda It Center, Don Sergio
Osmena St. North Reclamation Area, Cebu City. The interrogation is being held at
Cebu City Hall of Justice, I am answering his question fully conscious that I do
under oath and may face criminal liability for false testimony and perjury.
QUESTION AND ANSWER
Q1. Please, state your name and other personal data.
A1. I am Gimuel Atabelo, of legal age, Filipino, single and a resident of Alumnos,
Basak San Nicolas Cebu City.
Q2. How long have you been staying in that resident?
A2. 6 years already, sir.
Q3. At present time, what do you do for a living?
A3. Police Officer
Q4. At around 01:10 on the afternoon of -, where were you?
A4. I was in my desk at the station where Ive assigned to with my buddy PO1
Nielita Aragon.
Q5. So what happened at that specific night?
A5. We happened to received a call from a certain person that a shooting
happened.
Q6. Who answered the call?
A6. It was I who answered the call sir.
Q7. Can you name that certain person?
A7. Sanito, M. Romo Jr. is his name, the co-worker of the victim and also the
witness.
Q8. What did you do after receiving the call of the witness?
A8. My buddy and I immediately responded by going to the scene.
Q9. Can you state what happened next?
A9. When we arrived at the scene the suspect was not there already, so what we
did, we checked the pulse of the victim if it is still breathing but to our dismay, the
life of the victim was cut already.
Q10. So what did you do after learning that the victim was already dead?
A10. We cordoned the area to avoid alteration, mutilation and contamination of the
pieces of evidence.
Q11. After that, what step did you do?
A11. We called back to our station to ask for some assistance.
Q12. So you said that, there was a witness of the said shooting.
A12. Yes, there was, I interviewed the eye witness while my buddy was securing
the scene of the crime.
Q13. So around what time did the assistance arrived at the crime scene?
A13. It was around 1;25pm on the said date.
Q14. So who arrived at the crime scene for assistance?
A14. It was Inspector Allan Clent Morales who arrived at the crime scene.
Q15. What did you do after the arrival of Inspector Allan Clent Morales?
A15. I briefed him of every single detail and information of the incident.

PO1 GIMUEL ATABELO

Affiant
SUBSCRIBED AND SWORN to before me this 12th day of
December 2021 at Qimonda It Center, Don Sergio Osmena St. North Reclamation
Area, Cebu City, Philippines. This is to certify further that I affiant and that I am
satisfied that he voluntarily executed the foregoing affidavit and has read and fully
understood the contents hereof to the best of his knowledge and ability.

MARIO DALOGDOG
 Prosecutor 1

ATTESTATION
I, MARIO DALOGDOG, Prosecutor 1 of city prosecutor office of Cebu City
with the office address at Qimonda It Center, Don Sergio Osmena St. North
Reclamation Area, Cebu City, Philippines, Attest under oath as follows:

1. I personally conducted the interrogation of the affiant POI Gimuel Atabelo at the
office of Cebu City Hall of Justice, Cebu City.
2. I faithfully recorded or caused to be recorded, the questions I asked and the
corresponding answers of caused to be recorded, the questions I asked and the
corresponding answers of PO1 Gimuel Atabelo
3. neither I nor any other person then present or assisting me had coached PO1
Gimuel Atabelo.
MARIO DALOGDOG
Prosecutor 1

SUBSCRIBED AND SWORN to before me this 12 th day of October

2021 at Cebu City.

MARIO MONTEMAYOR
City Prosecutor
 Republic of the Philippines
Department of Justice
National Prosecution Service
CITY OF PROSECUTION OFFICE
Cebu City Hall of Justice
Qimonda It Center, Don Sirgio Osmeña St. North Reclamation Area,
Cebu City 6000
(032) 401 8446

AFFIDAVIT OF ARREST
I, PO1 Gimuel Atabelo, 22 years old, single and a resident of Basak, San
Nicolas Cebu City and PO1 Nielita Aragon, 22 years old, single and a resident of
Basak, San Nicolas Cebu City having duly sworn to in accordace with the law do
hereby depose and say:
1. that we are bonafide member of Philippine National Police presently
assigned at Police Station 11, Cebu City and designated as the arresting
officers in the case of Murder under Article 248(1) of Act No. 3815 or the
Revised Penal Code (RPC) against JOHNDE PLOR GELIG.
2. That on or about 08:00 PM in the morning of December 12, 2021 we
arrested Johnde Plor Gelig at Alumnos, Basak San Nicolas Cebu City.
3. That before we arrested the suspect, we informed him of the nature of the
offense he committed, why he was arrested and we appraised him to all his
constitutional rights by reading to him the Miranda Rights Doctrine as well as
his right to undergo a physical examination.
4. That we immediately photograph the suspect while doing a paraffin casting
on him.
5. That this affidavit is executed to attest the truthfulness of all the foregoing
facts and to support the filing of a case for Murder under Article 248(1) of Act
No. 3815 or the Revised Penal Code (RPC) against JOHNDE PLOR GELIG
in court and for whatever legal purpose this may serve.
IN TRUTH TO THESE WE HEREUNTO affixed our signature below as the
truthfulness of the foregoing.
SUBSCRIBED AND SWORN to before me this 12 th day of December 2021
at Cebu City, Philippines.

NIELITA ARAGON
Notary Public
 Republic of the Philippines
Department of Justice
National Prosecution Service
CITY OF PROSECUTION OFFICE
Cebu City Hall of Justice
Qimonda It Center, Don Sirgio Osmeña St. North Reclamation Area,
Cebu City 6000
(032) 401 8446

AFFIDAVIT OF THE WITNESS

I, SANITO M. ROMO JR. , Filipino, of legal age, single and a

resident of Alumnos, Basak San Nicolas Cebu City. After having been duly sworn
to in accordance with the law, hereby depose and say:
1. That I personally know JOHNDE PLOR GELIG.
2. That we are co-workers at the construction site
3. That on -, I was inside the construction site wherein the shooting
incident happened.
4. That I saw everything before, during and after the shooting of my
co-worker happened.
5. That I am executing this affidavit to attest to the truth of the
foregoing statement and for the acquittal of JOHNDE PLOR GELIG.
I WITNESS WHEREOF, I hereby affix my signature this – in Cebu
City, Philippines.

SANITO M, ROMO JR.

Affiant

SUBSCRIBED AND SWORN to before me this 12th day of

December 2021 at Qimonda It Center, Don Sergio Osmena St. North Reclamation
Area, Cebu City, Philippines. This is to certify further that I affiant and that I am
satisfied that he voluntarily executed the foregoing affidavit and understand the
contents hereof and that they are correct and reliable as to his own personal
knowledge.

NIELITA ARAGON
Notary public
 Republic of the Philippines
Department of Justice
National Prosecution Service
CITY OF PROSECUTION OFFICE
Cebu City Hall of Justice
Qimonda It Center, Don Sirgio Osmeña St. North Reclamation Area,
Cebu City 6000
(032) 401 8446

PEOPLE OF THE PHILIPPINES

Plaintiff-appellee G.R. No. L-18793

-VERSUS- Murder under Article 248(1)

of Act No. 3815 or the
JOHNDE PLOR GELIG Revised Penal Code (RPC)
Defendant-appellant
>------------------------------------<

COUNTER-AFFIDAVIT
I, JOHNDE PLOR GELIG, 22 years olad, single Filipino and
residence at san remigio, after having been duly sworn to in accordance with the
law do hereby depose and state that:
OUESTION AND ANSWER
Q1. Please, state your name and other personal information.
A1. I am Johnde Plor Gelig of legal age, single resident of Alumnos Basak San
Nicolas.
Q2. What do you do for a living?
A2. I am a construction worker
Q3. How many years have you been doing that job?
A3. 3 years
Q4. Why did you chose that job?
A4. Because life is so hard and I’m having a difficulties in finding job.
Q5. On 12th day of December 2021 where were you?
A5. I was drinking with my co-worker Mario Dalogdog.
Q6. At what time did you left the construction site?
A6. I left at 11:24 AM.
Q7. At what time did you arrived at home?
A7. I was home already at 1:30 PM.
Q8. Why did the eye witness said that you were the one who shoot Mario
Dalogdog?
A8. I was really in the construction site at that time your honor.
Q9. Are you close with the victim?
A9. We’re co-workers since I started working as a construction worker your honor.
Q10. Do you have any dispute with the victim?
A10. No your honor.

JOHNDE PLOR GELIG

Defendant

SUBSCRIBED AND SWORN to before me this 13th day of October

2021 at Qimonda It Center, Don Sergio Osmena St. North Reclamation Area, Cebu
City, Philippines. This is to certify further that I affiant and that I am satisfied that
he voluntarily executed the foregoing affidavit and has read and fully understood
the contents hereof to the best of his knowledge and ability.

NIELITA ARAGON
Notary Public

ATTESTATION

I, ALFRED FIEL, council of the accused with the office address at Cebu City
Hall of Justice, Qimonda It Center, Don Sergio Osmena St. North Reclamation
Area, Cebu City, Attest under oath as follows:
1. I personally conducted the interrogation of the accused Mr. Johnde Plor Gelig at
the office of Cebu City Hall of Justice, Cebu City.
2. I faithfully recorded or cuased to be recorded, the questions I asked and the
corresponding answers of caused to be recorded, the questions I asked and the
corresponding answers of Mr. Johnde Plor Gelig
3. neither I nor any other person then present or assisting me had Mr. Johnde Plor
Gelig

ALFRED FIEL
Defense Council

SUBSCRIBED AND SWORN to before me this 12TH day of

December 2021 at Cebu City, Philippines.
NIELITA ARAGON
Notary Public