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Example of Complaint Affidavit

REPUBLIC OF THEPHILIPPINES DEPARTMENT


OF JUSTICE
OFFICE OF THE PROSECUTOR
MANILA

PEOPLE OF THE PHILIPPINES,


Complainant,
IS # 134590
-versus-

CARLITO A. DIAZ and WILFRED O. REVILLA


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

CRIMINAL COMPLAINT AFFIDAVIT

I, Rose Anne D. Bala, the undersigned, of legal age, and a resident of #21
Galicia Street, Sampaloc Manila, accuses Carlito A. Diaz and Wilfred O.
Revilla of the crime of Robbery, committed as follows:

1. At around 11:30PM of Saturday, July 21, 2012, I, Rose Anne D. Bala was
passing by P. Noval Street, Sampaloc Manila to my apartment at #21 Galicia
Street, Sampaloc, Manila;

2. While I was passing by the said street, I was holding a shoulder bag on my
right arm and a book on the left arm, walking in a moderate pace towards
Espana Boulevard;

3. That at P. Noval Street, before I cross Espana Boulevard, two men riding a
motorcycle stopped in front of me. The man riding at the back, holding a
“balisong” which was pointed at me said, “akin na ang bag mo kung ayaw
mong may mangyaring masama sa’yo”;

4. Because of terrible fear that the man would stab me if I did not give my bag
to him, I handed him my bag containing the following:
a. A brown Guess wallet with Identification cards, ATM card and a credit
card inside together with a cash worth two thousand pesos (P2,000.00).
b. A black Blackberry Curve
c. A Samsung galaxy tab SIII
d. School materials such as a blue notebook and a pen case;
5. That after the man took my shoulder bag, I screamed loudly the words
“magnanakaw! Magnanakaw! Habulin ninyo!”;

6. That maybe because of twist of luck, a police car passed by right after the
said incident which immediately chased the two men in motorcycle. They
crossed Espana Boulevard and I already lost sight of them after several
seconds;

7. That the two men, as I remembered, were both wearing jackets; the man in
front, driving was wearing a blue jacket and maong pants while the man at
the back was wearing a black jacket with maong pants. The man in front was
wearing a helmet while the man at the back was wearing a black cap;

8. The motorcycle was a red Yamaha motorcycle and instead of a plate number,
a plate with the words “for registration” was visible from the back;

9. Both men are of normal built, appeared to be “kayumanggi” or brownskinned


and of average height;

10. That after a few minutes of standing at that street, a police mobile
suddenly appeared saying that the other policemen in the car which chased
the two men in the motorcycle reported the incident to them so they went to
P. Noval area and found me standing in front of a closed establishment,
almost near Espana
Boulevard;

11. That I was shaking and crying when the policemen came to get me. They
brought me to the a nearby police station where I narrated the incident;

12. After about 40 minutes in the police station, there were two policemen,
later on identified as PO2 Donna Mae Anne S. Gragasin and PO2 Mark
Arthur Catabona, who were accompanying two men who appeared to be the
men who grabbed my hand bag;

13. Later on, I positively identified the two men as those who were in the
motorcycle because of the black cap, the blue and black jackets that they
wear respectively;

14. That the shoulder bag that was snatched from me with force and
intimidation was with PO2 Catabona already who alleged that he got the
same during the apprehension that they did. All the things inside my bag
were recovered in good condition;

15. That all these stated herein are true and were stated freely without any
force or intimidation done against me;

16. To attest to the truthfulness of the foregoing, I, Rose Anne D. Bala,


complainant, attaches my signature below.

_________________________
Rose Anne D. Bala
Complainant

SUBSCRIBED AND SWORN to before me, in the city of Manila, this 22nd
day of July, 2012, the affiant exhibiting to me his Passport issued by
Department of Foreign Affairs Manila on 15th of April 2012 at Roxas Blvd,
Manila.

___________________________
Jonalene A. Pagala
Assistant City Prosecutor
Sample of Affidavit of Desistance
REPUBLIC OF THE PHILIPPINES) CITY
OF MANILA ) S.S.

I, Juan del la Cruz, of legal age, single, and a resident of # 123 Main St., Malate,
Manila, after having duly sworn to in accordance with law hereby depose and
state that:

1. I am the complaining witness for Serious Physical Injuries against


Jesus Santos in the case entitled "People of the Philippines versus Jesus
Santos", Criminal Case No. 12345, Metropolitan Trial Court, Branch No. 11,
City of Manila;

2. After my sober and soul-searching assessment and analysis of the


incident, I have realized that because I was not wearing my eyeglasses and it
was dark, I can not point out, without a doubt the accused or any other person/s
who inflicted harm against me;

3. Since I could not state with certainty and without doubt the liability
of Jesus Santos, in fairness to him, I am permanently withdrawing my
complaint against him. I clear him of whatever responsibility or liability to me;

4. I hereby inform the City Prosecutor of Manila that I am


withdrawing my complaint for Serious Physical Injuries in Criminal Case No.
12345 entitled "People of the Philippines versus Jesus Santos", Metropolitan
Trial Court, Branch No. 11, City of Manila;

5. I likewise request the Metropolitan Trial Court, Branch No. 11,


City of Manila to dismiss with prejudice the said criminal case.

IN WITNESS WHEREOF, I hereby set my hand this __ day of


September 20__ at the City of Manila.

Juan de la Cruz
Complaining Witness

SUBSCRIBED AND SWORN to before me this 22nd day of January 20__ at


the City of Manila, Philippines.

Romeo Abad
Public Prosecutor

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