Professional Documents
Culture Documents
COMPLAINT-AFFIDAVIT
I, Robina B. Ubog, Filipino, 19, Female, single, and a resident of 250 Gil Puyat
Extention Pasay City, Philippines, after being sworn to in accordance with law, depose and
state:
1. That I know the person of Brook Berg, who is a resident of No. 69 Reposo
Street, Makati City, Philippines;
2. That sometime on the night of September 10, 2012, at Starbucks Blue Wave
D. Macapagal Blvd., Pasay City, Philippines, I met the said Brook Berg, brokered by
Kaka M. Pinya in a recruitment meeting for the Khu Beta Sorority of San Miguel
University - Makati;
3. That I was taken to her office unit, at Berg and Co. 71F RCBC Tower Ayala
Ave, Makati, for my initiation to join their sorority Khu Beta Sorority, San Miguel
Chapter at around 10:30PM;
4. That, as part of the initiation, I was to perform oral sex on her whole
maintenance crew, there were 4 men present;
5. That, only Ms. Berg and the 4 men were present in the office.
6. That, after knowing the act I was supposed to perform oral sex, I demanded
that I would not proceed and quit joining the sorority;
8. That, the last two members, opened their trousers and proceeded to insert
their penis into my mouth;
9. That, I was able to break free from their bondage through the glass door as
shown by wounds and bruises on my wrists and proceeded to run away at around
11:00 PM;
IN WITNESS WHEREOF, I have hereunto set my hand this 12th day of September,
2012 at Makati City, Philippines.
Robina B. Ubog
Affiant-Complainant
SUBSCRIBED AND SWORN to before me this 12th day of October 2012, affiant
exhibiting to
me his Community Tax Certificate No. 987654321 issued on January 6, 2012, at Makati City.
CERTIFICATION
This is to certify that I have personally examined the affiant and I am satisfied that he
understood this complaint-affidavit and that he voluntarily executed the same.
NONI DE LEON
ASST. CITY PROSECUTOR
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WHEREFORE, the prosecution respectfully prays that this court issue a Warrant of
Arrest against the herein accused.
NOTICE OF HEARING
Magtanggol D. Aw
Makati City
Counsel for Defendant
Greetings:
Please take notice that on Friday, November 05, 2012, at the Makati City Regional
Trial Court Branch 007 at 9 o’clock a.m., or as soon thereafter as counsel can be heard, the
undersigned will submit the foregoing motion for the approval of the court.
Noni de Leon
City Prosecutor
Makati City
Received by:
______________________
Magtanggol D. Aw
Counsel for Defendant
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Brook Berg,
(No. 69 Reposo Street, Makati
City, Philippines),
Accused.
X------------------------------------------X
INFORMATION
The undersigned Assistant City Prosecutor of the City of Makati, upon prior written
authority of the City Prosecutor , Noni de Leon, accuses BROOK BERG of violation of
Republic Act 8049 committed as follows:
That on or about the 10th day of September, 2012, in the City of Makati, Philippines,
and within the jurisdiction of this Honorable Court, the said accused did then and there
willfully, unlawfully and feloniously commit acts punishable under Republic Act 8049
Section 4
2) By refusing to let Ms. Robina B. Ubog go after she has declined to proceed
with the initiation after initially applied to join
CONTRARY TO LAW.
NONI DE LEON
Assistant City Prosecutor
NONI DE LEON
Assistant City Prosecutor
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Robina B. Ubog
Complainant,
COUNTER – AFFIDAVIT
I, Brook Berg, of legal age, single, Filipino and with resident address at, 69 Reposo
st. Makati City, Philippines, after having been duly sworn in accordance with law, do hereby
depose and state, that:
(1) I was charged with violation of Republic Act 8049 Anti Hazing
Act, by the private-complainant;
(2) However, on the night in question, the fact of the matter is that
the consent on her part to join the sorority, in fact she attended the sorority
function that night in Starbucks Blue Wave in D. Macapagal Ave. Pasay City
and in my office in Berg and Co. in RCBC Tower, Makati;
(4) The private complainant was forced to file this complaint because
of reasons only known to her.
I am executing this counter-affidavit, to attest to the truth of the foregoing and for
whatever legal purpose it may serve.
Brooke Berg
Respondent-Affiant
CTC No. 00123457
Issued On: October 25, 2012
Issued At: Makati City
Copy Furnished:
Robina B. Ubog
(Private-Complainant)
250 Gil Puyat Extention, Pasay City, Philippines
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Motion to Quash
1. That she is the accused in the above-entitled case of the offense of violation of Anti
Hazing Act Republic Act 8049 committed against Robina B. Ubog.
2. That the facts charged do not constitute an offense as previously expounded in the
other pleadings related to this case.
WHEREFORE, it is respectfully prayed that the complaint and information filed in this
case be quashed, with costs de oficio.
Magtanggol D. Aw
Counsel for the Defendant
Roll: 098765
IBP O.R.3456789
PTR O.R.368096345
MCLE:4545674879
Notice of Hearing
Bob Castro
City Prosecutor
Makati City
Greetings:
Please take notice that on Friday, October 30, 2012, at the Makati City Regional Trial
Court Branch 007 at 9 o’clock a.m., or as soon thereafter as counsel can be heard, the
undersigned will submit the foregoing motion for the approval of the court.
Matanggol D. Aw
Counsel for Accused
Makati City
Received by:
Luke Lu
Counsel for Complainant
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1. That he is the accused in the above-entitled case for the crime of Violation of Anti
Hazing Act committed against Robina B. Ubog;
2. That the facts charged do not constitute an offense as previously expounded in the
other pleadings related to this case;
3. That the evidence submitted is insufficient to convict the herein accused of the crime
charged against him.
WHEREFORE, it is respectfully prayed that this Honorable Court grants leave to file a
demurrer to evidence by the herein accused.
Magtanggol D. Aw
Counsel for the Defendant
Roll: 098765
IBP O.R.3456789
PTR O.R.368096345
MCLE:4545674879
:
Notice of Hearing
Bob Castro
City Prosecutor
Makati City
Greetings:
Please take notice that on Friday, October 30, 2012, at the Makati City Regional Trial
Court Branch 007 at 9 o’clock a.m., or as soon thereafter as counsel can be heard, the
undersigned will submit the foregoing motion for the approval of the court.
Magtanggol D. Aw
Counsel for Accused
Makati City
Received by:
Magtanggol D. Aw
Counsel for Complainant
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JUDICIAL FORMS (CRIMINAL CASES)
1. That the defendant is in custody for the alleged commission of the offense of violation
of Anti Hazing Act;
2. That being unable to post the required cash or bail bond, hereby binds herself, pend -
ing final decision of the above-entitled case, to appear before the court when so or-
dered ;
3. That the undersigned hereby further binds herself to accept the authority of Tata Y.
Nya in whose custody he was placed by the Court.
WHEREFORE, upon prior notice and hearing, it is respectfully prayed that the defendant
be released on recognizance.
BROOK BERG
Accused
Notice of Hearing
Bob Castro
City Prosecutor
Makati City
Greetings:
Please take notice that on Friday, October 30, 2012, at the Makati City Regional Trial
Court Branch 007 at 9 o’clock a.m., or as soon thereafter as counsel can be heard, the
undersigned will submit the foregoing motion for the approval of the court.
Magtanggol D. Aw
Counsel for Defendant
Makati City
Received by:
Counsel for Complainant
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X-------------------------------------------------X
WHEREFORE, the prosecution respectfully prays that this court issue a Hold
Departure Order against the herein accused.
October 30, 2012. Makati City
Bob Castro
City Prosecutor
Notice of Hearing
Magtanggol D. Aw
Makati City
Counsel for Defendant
Greetings:
Please take notice that on Friday, October 30, 2012, at the Makati City Regional Trial Court
Branch 007 at 9 o’clock a.m., or as soon thereafter as counsel can be heard, the undersigned
will submit the foregoing motion for the approval of the court.
BOB CASTRO
City Prosecutor
Makati City
Received by:
Magtanggol D. Aw
Counsel for Defendant
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JUDICIAL FORMS (CRIMINAL CASES)
BROOK BERG,
Accused.
X-------------------------------------------------X
PRE-TRIAL BRIEF
That on or about the 15th day of September, 2012, in the City of Makati, Philip -
pines, and within the jurisdiction of this Honorable Court, the said accused did
then and there willfully, unlawfully and feloniously commit violations of Anti
Hazing Act on the person of Robina B. Ubog by ordering her against her will to
perform oral sex on 4 members of the accused’s maintenance crew, refusing to
let her go initially having consented to joining Khu Beta Sorority and not having
the required number of school or organization representatives present in the
performance of such activities.
PLEA BARGAINING
The Prosecution shall not enter into any plea bargaining agreement.
I. JURISDICTION:
The Honorable Court has jurisdiction over the subject matter and the issue of the
present case, and on the person of the accused.
III-B. That somehow Ms. Ubog refused to join the sorority after having initially
345 | A d v a n c e L e g a l W r i t i n g
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admitted to joining
III-C. That, Ms. Ubog left the building at around 11:00 PM that same night;
The prosecution hereby reserves the right to present additional evidence as the need
therefore may arise.
ISSUES
Respectfully submitted:
NONI DE LEON
Assistant City Prosecutor
Magtanggol D. Aw
Counsel for the accused,
Makati City.
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JUDICIAL FORMS (CRIMINAL CASES)
X-------------------------------------------------X
RESOLUTION
SUBMITTED for resolution is a complaint for violation of Sec. 4 Republic Act No.
8049 allegedly committed during the September 15, 2012, at Makati City, supported by the
sworn statement of the complainant and photocopies of the police report of the incident.
In his sworn statement, the complainant alleges that, during the afore-stated period
of time and place, the respondent alone forced her to perform oral sex on 4 men as part of
her service for membership to her sorority Khu Beta Sorority and refused to let her go when
she changed her mind in refusing to go through with the initiation.
However, the respondents claim that, the filing of the complaint is without legal basis
since the there was no such act and the complainant was merely asked to answer mere
queries about her background and that there was 2 representatives of the sorority Bettina
Balda and Carla Pila present the whole time.
In the evaluation of the complainant’s evidence, it is clear that the lewd act was
performed against the complainant without the latter’s consent. The hurried escape of the
complainant through the glass door and the wounds and bruises of the complainant hands
indicates guilt on the part of the respondent.
IN LIGHT OF THE FOREGOING, the undersigned finds sufficient cause to hold the
respondent BROOK BERG for VIOLATION of Section 4 of Republic Act No. 8049.
NONI DE LEON
Assistant City Prosecutor
APPROVED:
BOB CASTRO
City Prosecutor
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1. That the bail for his provisional release has been set at Php 50,000.00
2. That said defendant is a partner from Berg and Co. she therefore would be unable to
serve her clients and the general public if the bail is set at that amount
WHEREFORE, the accused BROOK BERG respectfully prays that the court grants
this motion to reduce bail to Php 5,000.00 or such amount as the court sees just in accor-
dance with the circumstances thus presented.
Magtanggol D. Aw
Counsel for the Defendant
Roll: 098765
IBP O.R.3456789
PTR O.R.368096345
MCLE:4545674879
Notice of Hearing
Bob Castro
City Prosecutor
Makati City
Greetings:
Please take notice that on Friday, October 30, 2012, at the Makati City Regional Trial
Court Branch 007 at 9 o’clock a.m., or as soon thereafter as counsel can be heard, the
undersigned will submit the foregoing motion for the approval of the court.
Magtanggol D. Aw
Counsel for Defendant
Makati City
Received by:
Luke Lu
Counsel for Complainant
348 | A d v a n c e L e g a l W r i t i n g
JUDICIAL FORMS (CRIMINAL CASES)
COMES NOW accused BROOK BERG, through the undersigned counsel, and
respectfully alleges:
1. That the defendant is in custody for the alleged commission of the violation of Re -
public Act 8049;
2. That no bail has been recommended for his temporary release, on the assumption
that the evidence of guilt is strong;
3. That the burden of showing that evidence of guilt is strong is on the prosecution, and
unless this fact is satisfactorily shown, the defendant may be bailed at the court’s dis-
cretion.
WHEREFORE, upon prior notice and hearing, it si respectfully prayed that the defendant
be admitted to bail in such amount as this Honorable Court may fix.
Magtanggol D. Aw
Counsel for the Defendant
Roll: 12353343
IBP O.R.123413
PTR O.R.12313
MCLE:121313
Notice of Hearing
Bob Castro
City Prosecutor
Makati City
Greetings:
Please take notice that on Friday, October 30, 2012, at the Makati City Regional Trial
Court Branch 007 at 9 o’clock a.m., or as soon thereafter as counsel can be heard, the
undersigned will submit the foregoing motion for the approval of the court.
Magtanggol D. Aw
Counsel for Defendant
Makati City
Received by:
Luke Lu
Counsel for Complainant
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AFFIDAVIT OF DESISTANCE
I, ROBINA B. UBOG, of legal age, single, Filipino, and residing at 250 Gil Puyat
Extn, Pasay City, Philippines, after having been sworn to in accordance with law, depose and
says that:
2. After a careful evaluation of the facts and circumstances surrounding the case, I per-
sonally and honestly believe that, I actually given consent to the act in question and
that I previously misapprehend the facts surrounding the event due to the social im-
plications it might give rise to;
5. I am voluntarily executing this affidavit to attest the veracity of the foregoing and to
move for the dismissal of the said case against the accused.
IN WITNESS WHEREOF, I have hereunto set my hand this 20th day of October
2012, in the City of Makati.
________________________
ROBINA B. UBOG
Affiant
CTC No. 987654321;
Issued at: Makati City;
Issued on: September 24, 2012.
Sam P. Po
Notary Public
My commission expires on
December 31, 2012
Roll:68678686
IBP:45646546
PTR: 46464646
MCLE:6785756
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JUDICIAL FORMS (CRIMINAL CASES)
UNDERSIGNED Assistant City Prosecutor respectfully offers in evidence for the prose-
cution the following documentary, physical, and testimonial evidence, to wit:
EXHIBIT A --- A true and faithful machine reproduction of the police
report of the incident.
THE TESTIMONIAL EVIDENCE consists of the testimonies given by witness Robina B. Ubog
(private offended party).
Exhibit A with all its respective sub-markings, together with the testimony of said witnesses,
are offered for the identical purpose of showing that on September 15, 2012, at Berg and Co.
Offices in 7F RCBC Bldg, Ayala Ave, Makati City, Philippines, the accused performed acts
complained of on the person of the complainant without the latter’s consent.
Respectfully submitted:
NONI DE LEON
Assistant City Prosecutor
Copy furnished:
(by personal delivery in open court):
Magtanggol D. Aw,
counsel for the accused.
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1. That she is the accused in the above-entitled case of the offense of violation of Sec. 4
of Republic Act 8049 committed against Robina B. Berg.
2. That the facts charged do not constitute an offense as previously expounded in the
other pleadings related to this case.
3. That the City Prosecutor made a grave abuse of discretion when she approved the fil-
ing of the Information when there is evidently no probable cause to hold the herein
accused for the crime she allegedly committed.
Magtanggol D. Aw
Counsel for the Defendant
Roll: 12353343
IBP O.R.123413
PTR O.R.12313
MCLE:121313
Notice of Hearing
Bob Castro
City Prosecutor
Makati City
Greetings:
Please take notice that on Friday, October 30, 2012, at the Makati City Regional Trial
Court Branch 007 at 9 o’clock a.m., or as soon thereafter as counsel can be heard, the
undersigned will submit the foregoing motion for the approval of the court.
Magtanggol D. Aw
Counsel for Accused
Makati City
Received by:
Counsel for Complainant
352 | A d v a n c e L e g a l W r i t i n g
JUDICIAL FORMS (CRIMINAL CASES)
BROOK BERG,
Respondent.
For: Violation Republic Act 8049
(Anti Hazing Act)
I. S. No. D-123-457
X-------------------------------------------------X
REJOINDER TO REPLY
COMES NOW the respondent, BROOK BERG, through counsel, and, by way of a
Rejoinder to the complainants’ Reply, respectfully alleges that:
This Rejoinder is being filed with the Office of the City Prosecutor considering that Reply
filed by the complainant disregards the fact that her failure to make a prompt cry for help
indicates that there is consent on her part on the supposed lascivious acts done to her by
the respondent
PREMISES CONSIDERED, there appears no valid nor cogent reason to proceed with the
filing of the information as there is clearly a lack of merit on the case of the complainant.
Respectfully submitted:
MAGTANGGOL D. AW
Counsel for Respondent
Dream Avenue, Makati City.
I B P 123456
P T R 123456
Roll No. 123456
Copy furnished:
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AFFIDAVIT OF DESISTANCE
I, ROBINA B. UBOG, of legal age, single, Filipino, and residing at 250 Gil Puyat
Extn Pasay City, Philippines, after having been sworn to in accordance with law, depose and
says that:
2. After a careful evaluation of the facts and circumstances surrounding the case, I per-
sonally and honestly believe that, due to the speed at which the incident happened, I
was not able to see the face of the perpetrator;
3. I cannot, in clean conscience, pursue this criminal case against the accused where I
cannot verify with certainty the identity of the perpetrator;
6. I am voluntarily executing this affidavit to attest the veracity of the foregoing and to
move for the dismissal of the said case against the accused.
IN WITNESS WHEREOF, I have hereunto set my hand this 20th day of October
2012, in the City of Makati.
________________________
ROBINA B. UBOG
Affiant
CTC No. 987654321;
Issued at: Makati City;
Issued on: October 4, 2012.
Sam P. Po
Notary Public
My commission expires on
December 31, 2012
Roll:68678686
IBP:45646546
PTR: 46464646
MCLE:6785756
354 | A d v a n c e L e g a l W r i t i n g
JUDICIAL FORMS (CRIMINAL CASES)
Series of 2012.
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