1.

Josefa Ruiz

REPUBLIC OF THE PHILIPPINES)

Municipal Trial Court in Cities
Province Of Bohol) S.S.
City Of Tagbilaran)
x------------------------------------------x

Josefa Ruiz,
Plaintiff, CRIMINAL CASE NO. 676000

-versus- FOR: Less Serious Physical Injuries

Mariang Makiling,
Accused.
x-----------------------------/

COMPLAINT AFFIDAVIT

I, Josefa Ruiz, 34 years of age, single, Filipino citizen, a resident of Brgy. Mansasa,
Tagbilaran City, after having been sworn to in accordance with law, do hereby depose and
state:

1. That on February 14, 2023 at around 6 o’clock in the evening while

I was attending and being entertained at a benefit dance at Taloto District, Tagbilaran City, I
got acquainted with Mariang Makiling.
2. That without warning, she suddenly punched me;
3. That because of the punch, it caused me to suffer injuries requiring me 7 days of medical
attendance;
4. I am executing this complaint-affidavit in order to file a case of Less
Serious Physical Injuries against Mariang Makiling.

IN WITNESS WHEREOF, I have hereunto sent my hands this 28th February 2023 at the
City of Tagbilaran

JOSEFA RUIZ
Affiant-Complainant

SUBSCRIBED AND SWORN to before me this 1st March 2023, affiant exhibiting
to me exhibiting her National Identification Card No. 09099009911 issued on February 3,
2019 at the City of Tagbilaran.

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.

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 ATTY. AUBREY ELAINE LACUNA

PROSECUTOR
Roll No. 07312122
IBP No. 711919137
PTR No. 100312011 1-11-31/Tagbilaran City
MCLE Compliance No. IV-111107312090 valid until 2024

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 2. Carlos Vasquez – Bigamy Case

REPUBLIC OF THE PHILIPPINES

7TH JUDICIAL REGION
REGIONAL TRIAL COURT
CARMEN, BOHOL

PEOPLE OF THE PHILIPPINES,

Plaintiff, CRIMINAL CASE NO. 676000

-versus- FOR: BIGAMY

CARLOS VASQUEZ,
Accused.
x-----------------------------/

URGENT MOTION
TO SUSPEND PROCEEDINGS BASED ON PREJUDICIAL QUESTION

THE ACCUSED, by counsel, respectfully states:

1. This case is set for ARRAIGNMENT on March 10, 2023 at 1:30 PM.

2. The accused will not be ready for arraignment due to the existence of a
PREJUDICIAL QUESTION discussed hereinbelow:

3. The instant criminal case is based PURELY on the case of BIGAMY by the private
complainant Daniela Barredo;

4. That the Accused has a pending petition filed for the declaration of nullity of
marriage against private complainant on the grounds on the absence of the
requisite marriage license;

5. That the Prosecution must prove that the marriage of the Accused with the private
complainant, Daniela Barredo, is legal and still existing and has not been dissolved
when Accused contracted his second marriage;

6. That under Section 6 of Rule 111 of the Revised Rules of court which provides for a
petition for suspension of the criminal action on the pendency of a prejudicial
question in a civil action may be filed in the Prosecutor’s office or at the competent
court conducting the preliminary investigation and when criminal action is filed in
the court for trial, the petition for suspension shall be filed the same at any time
before the prosecution rests;

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 7. In view of the foregoing, the Accused through his counsel, respectfully move to
suspend proceedings based on prejudicial question on the case of BIGAMY pending
resolution of the petition for declaration of nullity of marriage;

PRAYER

WHEREFORE, premises considered, and in the interest of substantial justice it is

humbly prayed that the instant Motion be granted and that further proceedings of the
instant case be SUSPENDED based on the above reasons.

Other reliefs and remedies, just and equitable, are likewise prayed for.

Respectfully submitted, Tagbilaran City, Bohol, Philippines, 1st of March, 2023.

ATTY. AUBREY ELAINE LACUNA

Counsel of the Accused

Lacuna-Lanza Law Office
Roll No. 07312122
IBP No. 711919137
PTR No. 100312011 1-11-31/Tagbilaran City
MCLE Compliance No. IV-111107312090 valid until 2024

NOTICE OF HEARING

To the Branch Clerk of Court

Regional Trial Court
Carmen, Bohol

Please submit the foregoing Motion to the Court for its consideration and approval
immediately upon receipt hereof and kindly include the same in the Court’s calendar for
hearing on the 7th day of March, 2023 at 8:30 in the morning.

ATTY. AUBREY ELAINE LACUNA

Counsel of the Accused

Lacuna-Lanza Law Office
Roll No. 07312122
IBP No. 711919137
PTR No. 100312011 1-11-31/Tagbilaran City
MCLE Compliance No. IV-111107312090 valid until 2024

Copy furnished thru personal service:

Provincial Prosecutor
Office of the Provincial Prosecutor
Bohol

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 3. Luisa Cruz

Republic of the Philippines

47th Judicial Region
MUNICIPAL CIRCUIT TRIAL COURT
Branch 1
MUNICIPALITY OF CORTES

Esteban Santos,
Plaintiff,

-versus- Civil Case No. 999776

For Adultery

Luisa Cruz,
Defendant.
x------------------x

MOTION TO DISMISS

Defendant, by her undersigned counsel, unto this Honorable Court, most respectfully
moves that the case be dismissed on the following ground that the Plaintiff is not a private
party on this case.

ARGUMENTS

Article 333 of the Revised Penal Code provides that Adultery is committed by any
married woman who shall have sexual intercourse with a man not her husband and by the
man, who has carnal knowledge of her knowing her to be married, even as the marriage be
subsequently declared void. As a general rule, the crime of adultery can only be filed by the
offended spouse and no one else can file this case in behalf of the offended spouse.

A cursory reading of the Complaint shows that the complaint for Adultery made by
Esteban Santos who is the father-in-law of the defendant is not a private party nor he is the
offended party of this case.

WHEREFORE, it is respectfully prayed that the complaint be dismissed.

Other just and equitable reliefs are also prayed for.

Cortes, Bohol, 1 March 2023

Atty. Aubrey Elaine L. Lacuna

Counsel for Defendant

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Atty. Lady Mayet Llanes
Counsel for the Plaintiff
Mayet and Sons Law Firm
Cortes, Bohol

Greetings:

Please take notice that the foregoing Motion to shall be submitted for the consideration and
approval of the Honorable Court on Friday, 3rd February 2023 at 9am or as soon as counsel
and matter may be heard.

Atty. Aubrey Elaine L. Lacuna

Counsel for the Defendant

EXPLANATION

The foregoing motion is filed to the Honorable Court with copy thereof furnished to
the other party by registered mail due to the distance of the undersigned office from the said
other party.

Atty. Aubrey Elaine L. Lacuna

Counsel for the Defendant

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 4. Bartoleme Diez

Republic of the Philippines

REGIONAL TRIAL COURT OF BOHOL
47th Judicial Region
MUNICIPALITY OF LOON

PEOPLE OF THE PHILIPPINES, Criminal Case No. 88

Plaintiff

-versus- -for- Illegal Possession of Fire Arms

Bartolome Diez,
Accused
x--------------------------x

MOTION FOR LEAVE TO FILE DEMURRER TO EVIDENCE

The accused through counsel, unto this Honorable Court, most respectfully states:

1. That the prosecution in the above-entitled case has already rested its case;

2. That the defense believes that the evidence of the prosecution against the accused is
insufficient to establish the guilt of the accused beyond reasonable doubt, thus, the defense
prays for leave to file demurrer to evidence in accordance with Section 33, Rule 113 of the
Rules of Criminal Procedure.

WHEREFORE, premised on the foregoing consideration and in the highest interest of

justice, it is most respectfully prayed of this Honorable Court that the aforesaid motion be
granted.

March 1, 2023. Loon, Philippines.

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 5. Efren Abad

REPUBLIC OF THE PHILIPPINES)

Province Of Bohol) S.S.
Municipality of Loay, Bohol)
x------------------------------------------x

REPUBLIC OF THE PHILIPPINES,

Plaintiff, CRIMINAL CASE NO. 8989911

-versus- FOR: RAPE WITH HOMICIDE

EFFREN ABAD,
Accused.
x-----------------------------/

INFORMATION

The undersigned, Prosecutor, accuses Efren Abad of the

crime RAPE, committed as follows, to wit:

That in the Municipality of Loay, Province of Bohol and within the jurisdiction of this
Honorable Court, the accused Efren Abad who did then and there have carnal knowledge of
a the victim, Fidela Burgos, through force, threat or intimidation when he kidnapped the
victim and took her to Loay, Bohol and therein raped her. That he took the victim again to
Carmen, Bohol where he killed her thus committing rape with homicide which is punishable
under the provisions

from labor and required Josefa Ruiz medical attendance for seven (7) days things to wit: by
punching the latter and caused injuries requiring medical attention.

Contrary to law.

Municipality of Loay, Province of Bohol, Philippines, March 1, 2023,

Aubrey Elaine L. Lacuna

PROSECUTOR
Municipality of Loay
Regional Trial Court

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 6. Gerardo Locsin

Republic of the Philippines

MUNICIPAL TRIAL COURTS IN CITIES
47th Judicial Region
Tagbilaran City
Branch 2

Gerardo Locsin, Criminal Case No. 99

Plaintiff
-for- Unjust Vexation

NOTICE OF APPEAL

Plaintiff, Gerardo Locsin, by the undersigned attorney and within the reglementary
period prescribed by the Rules of Court hereby files this notice of appeal from the judgement
of this Honorable Court in the above-entitled case, dated January 16, 2023, a copy of which
was received by counsel on January 19, 2023, and appeals the same to the court of Appeals.

Atty. Aubrey Elaine L. Lacuna

Attorney for the Complainant

City of Tagbilaran, 28th February 2023

Lacuna-Lan LAW OFFICE

Copy hereof received 1 March 2023

Lady Mayet Llanes

(Counsel for the Accused)

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7. Henry Yu

REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT BOHOL
TALIBON, BOHOL

PEOPLE OF THE PHILIPPINES,

Plaintiff CRIMINAL CASE No. 3969
-versus- FOR: Qualified Homicide

Henry Yu,
Defendant

MOTION FOR LEAVE AND AMMEND INFORMATION

COMES NOW the Prosecution, through the undersigned Prosecutor, and unto the
Honorable Court, by way of Motion for Leave to Amend Information, respectfully submits:

1. That an Information was filed charging Henry Yu of FRUSTRATED HOMICIDE by the

Plaintiff;
2. That final judgment was rendered unto the defendant convicting him of FRUSTRATED
HOMICIDE by the Regional Trial Court of Talibon, Bohol;
3. That while Henry was serving his sentence, Ignacio, the private complainant, died due to
the injury he sustained from the gunshot wound inflicted by defendant;

CONTRARY TO LAW.

However, the prosecution manifests to amend the information the Information:

1. Instead of the crime of Frustrated Homicide, the Prosecution wishes to amend and charge
the crime of Qualified Homicide.

PRAYER
WHEREFORE, it view of all the foregoing, it is most respectfully prayed that the
Honorable Court to allow the Prosecution a Leave to Ammend the original Information and
proceed with the trial immediately.

Other relief just and equitable are likewise prayed for.

Talibon, Philippines, March 1, 2023.

ATTY. AUBREY ELAINE LACUNA

Counsel of the Accused

Lacuna-Lanza Law Office
Roll No. 07312122
IBP No. 711919137
PTR No. 100312011 1-11-31/Tagbilaran City
MCLE Compliance No. IV-111107312090 valid until 2024

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 8. Kirk Guzman

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 9. Luther Moreno

Republic of the Philippines

REGIONAL TRIAL COURT OF DAVAO CITY
11th Judicial Region
Davao City
Branch 10

REPUBLIC OF THE PHILIPPINES,

Complainant,
-versus- CRIMINAL CASE NO. 1010-11

FOR: Qualified Theft

Luther Moreno,
Accused.

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

MOTION TO REVIVE CRIMINAL ACTION AND FOR THE ISSUANCE OF WRIT

OF EXECUTION ON THE COMPROMISE AGREEMENT

Plaintiff, by counsel to this Honorable Court respectfully states:

1. On 1 February 2022, the Honorable Court issued an Order in the above-entitled case,
the dispositive portion of which reads:

Finding the mutual agreement of the parties before the mediator to be meritorious, the
same is hereby APPROVED.

Pending compliance of the Compromise Agreement let the criminal aspect of this case for
ARCHIVED.

SO ORDERED.

Davao City, February 1, 2022.

MARIA UY
Acting Judge

2. That the defendant failed pay any amount for the stolen items within the period of six
(6) months starting February 1, 2022;
3. That to date, the accused default in paying his obligation to private complainant on
the amount of the stolen items stipulated on the agreement;
4. That in the mutual agreement made between the parties, a provisional dismissal of
the case was agreed upon in the condition that the accused shall pay the amount
stated on the agreement for a period of six (6) months;

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 WHEREFORE, premises considered, it is respectfully prayed that the Writ of
Execution be issued against the accused, ordering him to pay to private complainant
the full amount of the stolen items.

Other just and equitable reliefs are likewise prayed for.

Davao City, 1 March 2023.

ATTY. AUBREY ELAINE LACUNA

Counsel of the Accused

Lacuna-Lanza Law Office
Roll No. 07312122
IBP No. 711919137
PTR No. 100312011 1-11-31/Tagbilaran City
MCLE Compliance No. IV-111107312090 valid until 2024

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 10.

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