Republic of the Philippines)

City of Pagadian )S.S.

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AFFIDAVIT OF COMPLAINING WITNESS

I am MARRICYN ESPAÑOL BARTIANA, 41 years old, female, single, a self-employed, and a
resident of Purok Bagong Buhay, Balangasan, Pagadian City, after having duly sworn to an oath in accordance
with the law, do hereby depose and state;

That I am filing a criminal complaint against ROY NIÑO LEONES TUMALAS, 26 years old, male,
with a live-in partner, and KENT LEONES TEVES, 25 years old, male, single, and both are a resident
of Purok Bagong Buhay, Balangasan, Pagadian City, for the crime of “PHYSICAL INJURY” defined
and penalized under one of the articles of the Revised Penal Code of the Philippines;

That the circumstances surrounding the incident are narrated in the succeeding paragraphs hereof;

1. That, on or about 6:00 o’clock in the evening of January 22, 2017, I was at the outside of my sari-
sari store located at Bagong Buhay, Balangasan, Pagadian City looking at the people busy working
at the widening of the road;

2. That, I was talking to a person whose name known to me as “Berto”. Then I observed that a certain
Roy Niño, Kenth and Joel Libre were looking at us. That, I was just ignoring them and that Berto
walk away after our conversation;

3. That, however, they threshold Berto at the center of the road and I was just looking at them and after
that, Roy Niño and Kenth pinpointed to me their forefingers and shouted to quoted “sipsip kang
dako!” unquoted;

4. That, then the two of them namely Roy Niño, and Kenth went to my presence and thereat they threw
punches to me, and that I can felt that I was hit with a strong paddle on the different parts of my
body and on my face;

5. That, I was fall down on the ground and that they left me behind and that I stood up however I felt
dizziness but I really tried my best to walk towards my store;

6. That, I then call for an assistance from a Police personnel on duty, that after a moment Police
Officers arrived thereat however the suspects were already gone;

7. That, I went to Pagadian City Police Station to formally file a complaint against the fleeing suspects.
That thereat, Police officer on duty advises me to have a medication first and that the attending
Physician diagnoses me with frontal head swelling, with a healing period of seven (7) to fourteen
(14) days;

8. That, however after having medication from the Zamboanga del Sur Medical Center, Dao, Pagadian
City, at the Police Station I saw Roy Niño, sitting on the bench thereat;

9. That, I later learned that Roy Nino voluntarily surrendered at the Police Station.

10. That I am executing this affidavit of complaint to attest the truthfulness of the foregoing facts;
 IN WITNESS WHEREOF, I have hereunto affixed my signature this 22 nd day of January 2017 at
Pagadian City Philippines.

MARRICYN ESPAÑOL BARTIANA

Affiant

SUBSCRIBED AND SWORN to before me this __ day of January 2017 at Pagadian City, Philippines
and I hereby certify that I have personally examined the herein affiants and that I am fully satisfied that they
voluntarily executed and understood the content of their affidavit.

Republic of the Philippines

Department of Justice
NATIONAL PROSECUTION SERVICE
CITY PROSECUTION OFFICE
Pagadian City
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INVESTIGATION DATA FORM

 To be accomplished by the Office:
DATE RECEIVED:
(Stamped and Initialed): _______________________ __________________________________________
Time Received: _____________________________ Assigned to: ______________________________
Receiving Staff: ______________________________ Date Assigned: _____________________________
========================================= =====================================
To be accomplished by the complainant/counsel/law enforcer :( Use back portion if space is not sufficient)
COMPLAINANT/s: Name, Sex, Age & Address RESPONDENT/s: Name, Sex, Age & Address
MARRICYN ESPAÑOL BARTIANA, 41 years ROY NIÑO LEONES TUMALAS, 26 years old,
old, female, single, a self-employed, and male, with a live-in partner, and KENT
a resident of Purok Bagong Buhay, LEONES TEVES, 25 years old, male, single
Balangasan, Pagadian City, and both are a resident of Purok Bagong
CP #09199681494/ Buhay, Balangasan, Pagadian City

OFFENSE/s COMMITTED/LAW/s VIOLATED WITNESS/ES: Name, & Address

“Physical Injury”

DATE & TIME of COMMISSION: PLACE of COMMISSION:

January 22, 2017/ 6:00 PM Purok Bagong Buhay, Balangasan, Pagadian City

1. Has a similar complaint been filed before any other office?* YES ___NO _/_
2. Is this complaint in the nature of a counter-charge?* YES__ NO _/_ if yes, indicate details below:
3. Is this complaint related to another case before this office?* YES__ NO _/_ If yes, indicate details below:
I.S./NPS Docket No: ________________________________
Handling Prosecutor: _______________________________

C E R T I F I C A T I O N*
I CERTIFY, under oath, that all the information on this sheet are true and correct to the best of my knowledge and
belief, that I have not commenced any action or filed any claim involving the same issues in any court, tribunal, or quasi-
judicial agency, and that if I should thereafter learn that a similar action has been filed and/or is pending, I shall report that
fact to this Honorable Office within (5) days from knowledge thereof.

MARRICYN ESPAÑOL BARTIANA

Affiant
SUBSCRIBED
AND SWORN, to before me this __ day of January 2017 in Pagadian City, Philippines.

________________________________
Administering Prosecutor/Officer
Republic of the Philippines
NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE
ZAMBOANGA DEL SUR POLICE PROVINCIAL OFFICE
PAGADIAN CITY POLICE STATION
City Hall Complex, Pagadian City
-o0o-

The Chief City Prosecutor Date: January 22, 2017

Office of the City Prosecutor
Justice Hall, Pagadian City NPS Docket # : _________________

Greetings :
I have the honor to refer to your office, the records of investigation relative to the case of Physical Injury
committed on or about 6:00 o’clock in the evening of January 22, 2017 transpired at Purok Bagong Buhay, Balangasan,
Pagadian City.
COMPLAINANT : MARRICYN ESPAÑOL BARTIANA, 41 years old, female, single, a self-employed,
and a resident of Purok Bagong Buhay, Balangasan, Pagadian City.

SUSPECT/S : ROY NIÑO LEONES TUMALAS (Surrendered), 26 years old, male, with a live-in
partner, and KENT LEONES TEVES (At-larged), 25 years old, male, single, and both
are a resident of Purok Bagong Buhay, Balangasan, Pagadian City
FACTS OF THE CASE:

Investigation revealed that on or about 6:00 o’clock in the evening of January 22, 2017, one Marricyn Español
Bartiana, 41 years old, female, single, and a resident of Purok Bagong Buhay, Balangasan, Pagadian City, was at the
outside of her sari-sari store located at the same place ang looking at the people busy working at the road widening. Then
she had a conversation with a person whose name known to her as Berto, and that after the said conversation, Berto left
the victim however the respondents was looking to her at the other side and that they threshold Berto at the center of the
road and after that Roy Niño and Kenth pinpointed their forefingers towards Bartiana, and shouted to quote “sipsip kang
dako!” unquoted. And after that, the two male persons went to her presence and thereat they threw punches towards the
victim ad that Bartian (victim) fall down on the ground and then the perpetrators left her. After that she went to Pagadian
City Police Station to formally file a complaint against the suspects. On the other hand the suspect in the person of Roy
Niño Tumalas, voluntarily surrendered at this Office and that Kenth Teves was still at larged.

ENCLOSURES:
a) Subscribed NPS Investigation Data Form
b) Affidavit of Complaining Witness
c) Photographs of the Suspect
d) Medical Certificate of the Victim

This case will be presented to you by PO1 Narciso, RR during the course of inquest proceedings. Further, request
furnished this office a copy of resolution of the case and other proceedings.

FOR THE CHIEF OF POLICE

MARIO A REGIDOR
Police Inspector

Photographs of the Suspect