REPUBLIC OF THE PHILIPPINES

Department of Justice
Office of the City Prosecutor
Batangas City

RANDY BALLESTEROS,
Complainant,

-vs- IS No. 2022-10-015

For ATTEMPTED HOMICIDE

JOSE BAYOLA, PAOLO SOTTO and

RYAN MANALO,
Respondents.

x-----------------------------------------------------------------------------------------x

RESOLUTION

The complaint for Attempted Homicide which happened or

about 08:30 in the evening of September 2, 2020 at Rizal Avenue,
Barangay 20, Batangas City, Batangas was filed by herein
complainant RANDY BALLESTEROS against respondents JOSE
BAYOLA, PAOLO SOTTO and RYAN MANALO.

In support of his complaint, the herein complainant attached the

following documents:

1. Complaint-Affidavit of Randy Ballesteros;

2. Sinumpaang Salaysay of Allan Crawford;
3. Sinumpaang Salaysay of Brgy. Tanod Teodoro Santos;
4. Sinumpaang Salaysay of Brgy. Kagawad Pursigido
Dimagiba;
5. Sinumpaang Salaysay of Tirzo G. Cruz III;
6. Sinumpaang Salaysay ng Saksi ni Marilou M. Santiago;
7. Medical Certificate of Dr. Domingo Dael Jr; and
8. Police Report of Events.

As their counter, the respondents attached the following

documents to support their denial of the allegations against him:

1. Counter-Affidavit of Jose Bayola;

2. Counter-Affidavit of Paolo Sotto;
3. Counter-Affidavit of Ryan Manalo; and
4. Affidavit of Vic Rodriguez.

Page 1 of 6
 STATEMENTS OF FACTS

In the complaint-affidavit of Randy Ballesteros, he stated that

around 8:30 in the evening, on September 2, 2020, he and his friend
Allan Crawford were walking along Rizal Avenue coming from a resto
bar where they met Paolo Sotto, Ryan Manalo, and Jose Bayola who
were walking towards the direction where they came from and who all
appeared to be drunk. When the group came close to them, Paolo
Sotto stepped on his foot causing him to stumble and slip to the
sidewalk. Allan Crawford confronted Sotto and blamed him for what
the latter did. However, Paolo Sotto and Jose Bayola got close to him
and boxed him. While he was fending Sotto away, Jose Bayola took
the knife of Paolo Sotto and was about to stab him in the chest but he
blocked it with his right arm. He feared for his life, clutched his
bleeding arm and took a few steps backwards. But as he was backing
off, he accidentally fell to his knees then Ryan Manalo punched him
in the face. When Jose Bayola was about to stab him again in the
stomach, it was only stopped when a Barangay Tanod arrived who
drove the group away from us. As he was injured, he was brought to
the nearest hospital where a stab wound was found in his right
forearm with a length of 12 cm. and a depth of 2 cm. These events
were corroborated by the sinumpaang salaysay of Allan Crawford.

In the sinumpaang salaysay of Brgy. Tanod Teodoro Santos, he

stated that while he was keeping watch along Rizal Ave., Batangas
City, he heard noises in front of Batangas State University. When he
went closer to the location, he found five men stabbing and punching
each other and among them, one was kneeling with his arms
bleeding. The commission stopped and he asked for his townsmen to
help Randy Ballesteros be brought to hospital. Brgy. Kagawad
Prusigido Dimagiba arrived and brought Ballesteros in his car. He
assisted Allan Crawford, Paolo Sotto, Jose Bayolo, and Ryan Manalo
to Barangay Hall who were all drunk but in their state of
consciousness based on their acts and words.

In the sinumpaang salaysay of Brgy. Kagawad Pursigido

Dimagiba, he stated that while he was on his way to Barangay Hall,
he saw Brgy. Kagawad Teodoro Santos asking for help. He also saw
Randy Ballesteros bleeding and helped him to be brought to the
Golden Gate General Hospital.

In the sinumpaang salaysay of Tirzo G. Cruz III, a security

guard of ABC Security Agency and assigned at Batangas State
University, it is stated that he saw Randy Ballesteros, Allan Crawford,
Jose Bayola, Paolo Sotto, and Ryan Manalo punching, then later on,
stabbing each other. He saw Paolo Sotto releasing his fan knife which
was immediately grabbed by Jose Bayola and the latter stabbed
Page 2 of 6
Randy Ballesteros. The same fan knife was grabbed by Ryan Manalo
to stab Randy Ballesteros but he was stopped by Allan Crawford. He
wrote this event on logbook of Security Guard on Duty as follows:

“09/20/2020 08:30pm May limang lalaki na nagsuntukan

at nagsaksakan sa harap ng tindahan ni Ate Marilou.
Rumisponde sina Brgy. Tanod Teddy at Brgy. Kagawad Gido”

In the sinumpaang salaysay of Marilou M. Santiago, a store

owner and an eyewitness on this complaint, she stated that he heard
loud voices outside her store. She saw five men shouting at each
other and later on started to punch each other. She recognized Paolo
Sotto who released a fan knife and Jose Bayola who immediately
grabbed Paolo's fan knife to stab Randy Ballesteros. She further
narrated the same events that Randy Ballesteros had in his
complaint.

In the medical certificate made and signed by Dr. Domingo Dael

Jr., it was stated that the victim suffered a parallel stab wound at
forearm measuring 12 cm in length and 2 cm in depth and in his
opinion these injuries incapable and would require medical
attendance for a period of more than 30 days barring complications
otherwise the period of healing will vary accordingly.

In the police report made and signed by SPO2 Juan Dela Cruz,
the facts of the case are:

One RANDY BALLESTEROS, 36 years old, married, of # 81

Rizal Avenue, Batangas City appeared at this station and
reported that he was stabbed with a fan knife by JOSE
BAYOLA, on or about 08:30pm September 02, 2020.

Upon receipt of the complaint of Randy Ballesteros together

with the affidavits and supporting evidence, the undersigned
prosecutor issued a subpoena to compel the respondents to submit
their counter-affidavit and other documents.

As for the respondents, in their counter-affidavit, Jose Bayola

vehemently denied the accusations of the complainant and his
witnesses against them for being a distortion of truth and a mere
fabrication of an inventive and malicious mind. That he was with
Paolo Sotto and Ryan Manalo when they met the group of the
complainants who seemed to be under the influence of alcohol. That
there was a commotion between them and the group of the
complainant. Seeing that Ballesteros was picking up the knife, he
wrestled with the latter which accidentally hit the forearm of
Ballesteros.

Page 3 of 6
 Likewise in the counter-affidavit of Paolo Sotto and Ryan
Manalo, they denied the allegations of the complainant. They averred
that Sotto owned the fan knife and when he was punched by
Crawford, the knife in his pocket came out and it was Ballesteros who
lunged the knife. Luckily Bayola grappled the knife and in the process
hit the latter’s forearm.

To corroborate the counter-affidavit of the respondents, stated

that on Vic Rodriguez, a bar owner, On September 2, 2020, around
7:00 in the evening, while he was taking inventory of his goods,
Randy Ballesteros and Allan Crawford came to the Bar, which he
knows since they are their regular customers. Moments later he
approached the complainants to stop the commotion caused by them
to other customers which were not identified.

ANALYSES / FINDINGS AND RECOMMENDATIONS

By charging herein respondents with attempted homicide, the

undersigned prosecutor deemed it necessary to conduct preliminary
investigation pursuant to Sec. 1, Rule 112 of the Rules of Court.

Likewise, pursuant to Article 249 of the Revised Penal Code,

the crime of homicide is committed by any person who, not falling
within the provisions of Article 246 shall kill another without the
attendance of any of the circumstances enumerated in Article 248.

In connection with paragraph 3, Article 6 of the same code,

there is an attempt when the offender commences the commission of
a felony directly by overt acts, and does not perform all the acts of
execution which should produce the felony by reason of some cause
or accident other than his own spontaneous desistance.

We now resolve.

The undersigned prosecutor opines that the crime committed is

attempted homicide. The essential elements of an attempted felony
are as follows: (a) the offender commences the commission of the
felony directly by overt acts; (b) he does not perform all the acts of
execution which should produce the felony; (c) the offender's act be
not stopped by his own spontaneous desistance; (d) the
non-performance of all acts of execution was due to cause or
accident other than his spontaneous desistance.

In the present case, there is intent to kill the victim which can be
inferred from the evidence presented by the complainant and the
surrounding circumstances. The respondents admitted that they carried
a fan knife, which is a deadly bladed weapon, with them, claiming that

Page 4 of 6
respondent Sotto kept the fan knife in his possession as means for self
defense. However, it was respondent Sotto who instigated the
confrontation according to the complainant and the fan knife was used
to injure the complainant.

The complainant stated that respondent Bayola, using the fan

knife, stabbed him aiming at his chest and that he blocked the stab
using his arm causing the injury he sustained. On the other hand,
respondent Bayola claimed that they were grappling for the fan knife
which caused the injury. The medical certificate presented by the
complainant shows a single stab wound measuring 12 cm in length and
2 cm in depth, which would require 30 days to recover from, makes the
claim of the complainant a more plausible explanation. Grappling for
the fan knife would have caused several small scratches and bruises
which does not match the injury sustained by the complainant. The
injuries sustained by respondent Bayola on his face could not be
caused by grappling for the fan knife as he claimed.

When the alleged stabbing incident happened, after seeing the

complainant bleeding, the respondents did not retreat but continued the
assault. Complainant claimed that respondent Manalo punched him on
the face while he fell on his knees and that respondent Bayola tried to
stab him again but was prevented when the Brgy. Tanod came. Here,
the respondents were convincingly presented to have acted in unison in
attacking the complainant, specifically targeting him even if Crawford
was also present and even after he was down on his knees.

On the part of the defense of the respondent, it is a settled rule

that denial is the weakest of all defenses because it is facile to
fabricate and difficult to disprove, and is generally rejected.
Respondents bringing a fan knife on their way to eat goto seems to
be an untenable excuse in having a knife with them. It is more
reasonable to believe that they knowingly brought the knife to injure
and kill the complainant.

The respondents conspired to attack the complainant; they

brought a weapon and attacked. However, their concerted efforts
failed, due to the presence of Crawford joining the fray and to the
sheer luck of the complainant blocking the stab to a fatal part of his
body. Respondents pursued the assault but the timely arrival of the
Brgy. officials and prompt medical attention given to the complainant
saved his life.

In view of the foregoing, undersigned submits that probable

cause exists to hold respondent indictable for Attempted Homicide.

WHEREFORE, premises considered, undersigned respectfully

recommends that upon approval of this resolution, the complaint for

Page 5 of 6
Attempted Homicide be filed against respondents JOSE BAYOLA,
PAOLO SOTTO and RYAN MANALO.

_____________________________
MA. RUBY A. BAGSIT
Assistant City Prosecutor

Approved:

___________________________
ONIN S SERNA
City Prosecutor

Copy furnished:
1. Randy Ballesteros - #81 Rizal Avenue, Batangas City
2. Jose Bayola - Brgy. Cuta, Batangas City
3. Paolo Sotto - Brgy. Cuta, Batangas City
4. Ryan Manalo - Brgy. Cuta, Batangas City

Page 6 of 6