1B LW Finals Fullante Genovis Madridano

University of Nueva Caceres
College of Law
LIST OF AFFIDAVITS
AS COURSE REQUIREMENT
FOR LEGAL WRITING [1B]
JANUARY 23, 2021
MADRIDANO, Reuben Paul F.

GENOVIS, Joatham Anry T.
FULLANTE, Samantha Nicole L.
PERMANENT PROTECTION ORDER (R.A. 9262)
(Complaint Affidavit)
Republic of the Philippines)

Naga City ) s.s.
COMPLAINT-AFFIDAVIT
I, Santana Dragneel, Filipino, of legal age, married to Macapuno

Sanchez, and a resident of Naga City, Philippines, after being sworn to
in accordance with law, depose and state:
1. That I am lawfully married to Macapuno Sanchez supported

by marriage contract hereby attached as “Annex A”;
2. That Macapuno Sanchez currently resides at our conjugal

house at Naga City;
3. That sometime in the evening of February 15, 16, and 17 of

2015 Macapuno Sanchez wound, beat, assaulted and physically
abused herein undersigned with threatening words to repeat
such acts if undersigned won’t comply with his request of
transferring the lot owned by Santana Dragneel located at Naga
City, which I inherited from my deceased parents, to be his
exclusive property;
4. That testimonials from our neighbors and police blotter

confirmed that on such dates such incident occurred attached
“Annex B;
5. That Dr. Richie Rich, the shift doctor at Obi Wan’s Hospital
described such physical abuse to be serious physical injury and
as a consequence of the heaving beating I lost my eyesight
permanently. A medical certificate was issued by said hospital
signed by the shift doctor, hereby attached as “Annex C”;
6. That because of the injury suffered I was dismissed from my

work at BPI as a teller, letter attached “Annexed D”;
7. That a Complaint was filed under RTC Branch 06 Fifth

Judicial Regional on February 21, 2015 for crime against Art 263
of RPC or Serious Physical Injury, filed Complaint attached
“Annex E”;
8. I am therefore executing this Complaint-Affidavit to request
the court to prohibit the respondent from threatening to commit
or committing, personally or through another, any of the acts
mentioned in Sec. 5 of R.A. 9262;
TO THE TRUTH OF THE FOREGOING, I have hereunto set my

hand this 21st day of February, 2015 at Naga City, Philippines.
SANTANA DRAGNEEL
Affiant-Complainant
SUBSCRIBED AND SWORN to before me this 21st day of February

2015, affiant exhibiting to me her Driver’s License no.7894561230
issued on January 25, 2013, at Naga 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.
JOATHAM ANRY T. GENOVIS

Assistant City Prosecutor
(Counter-Affidavit)

Naga City ) s.s.
COUNTER–AFFIDAVIT
I, Macapuno Sanchez, of legal age, married, Filipino and with

residence address at Naga City, Philippines, after having been duly
sworn in accordance with law, do hereby depose and state, that:
1. I was charged with Serious Physical Injury under Art 263 of R.P.C.
and Violation of Violence against women and children attached
“Annex A”;
2. That on February 21, 2015, a complaint-affidavit for permanent

protection order was filed by herein petitioner;
3. I deny such allegations of the petitioner that I forced her to transfer

the lot mentioned in complaint-affidavit;
4. That on the said nights, Santana Dragneel was suffering from

traumatic depression on the death of her parents on February 1,
2015;
5. That the physical injuries inflicted by respondent where defensive

acts against the aggression of petitioner for unknown reason;
6. That petitioner was seen wandering the streets of our village nights
before the three incidents by security guard, Naruto Uzumaki, to
be wearing only pajamas and seem to be lost in a village she lived
for almost fifteen (15) years;
7. That on last evening of the trilogy, my defensive stance turned into

an accident when the muriatic acid she was holding poured to her
face;
8. That the police officer arrested me on that same night;
9. That I filed for bail a day after the incident;
10. That physical violence inflicted on the petitioner was more of

defensive act;
11. That there is no need for any protection order to be issued
because I do not intend to hurt or cause in harm to the petitioner
in whatever form;
TO THE TRUTH OF THE FOREGOING,I have hereunto set my hand

this 18th day of February, 2015 at Naga City, Philippines.
MACAPUNO SANCHEZ
Affiant
SUBSCRIBED and SWORN, to before me in Naga City, this 27TH

day of February 2015, affiant with Residence Certificate No. 456789123
issued at Naga City, on January 5, 2015.
ATTY. JOATHAM ANRY T. GENOVIS

Notary Public
Until December 31, 2015
PTR No. 1234567 1/12/15
IBP No. 7894 1/2/15
ROA 123456
Doc. No.
Page No.
Book No.
Series of 2015.
(Reply)
Republic of the Philippines

DEPARTMENT OF JUSTICE
Office of the City Prosecutor
Naga City
Santana Dragneel,
Complainant,
I.S. No. A-123-456

- versus - For: Protection Order
(Sec.8, R.A.9262)
Macapuno Sanchez
Respondent.
x------------------------x
REPLY
COMES NOW, Santana Dragneel, unto the Honorable Prosecutor,

most respectfully aver and state:
1. That in view of the reply the counter-affidavit submitted by the

respondent in I. S. No. A-123-456 I hereby reiterate and
incorporate herein my allegations in my earlier complaints-
affidavit filed against the answering respondent;
2. That the argument raised by the respondent in the counter

affidavit is that his actions are not criminal in nature but are
defensive in nature;
3. That there can be no conclusion other than the fact that the
respondent willfully, unlawfully, feloniously committed serious
physical injuries against the petitioner;
4. That the rest of the allegations in respondents’ counter affidavit

are irrelevant and immaterial and are evidently designed to release
the accused from any criminal liability;
5. That the allegations of the accused that the petitioner have lost
sanity thru the statement of the security guard was
unsubstantiated as there were no statement from the proper
authority to validate that indeed the petitioner is insane during the
time of the incident;
WHEREFORE, premises considered, it is hereby prayed that the

corresponding information for a violation of R.A. 9262 be promptly filed
with the proper court.
Other just and equitable reliefs are likewise prayed for.
IN WITNESS WHEREOF,I have hereunto set my hand this 3rd day of

March, 2015 at Naga City, Philippines.
SANTANA DRAGNEEL
Complainant
SUBSCRIBED AND SWORN to before me this 3rd day of March,

2015, at the City of Naga, Philippines, and I hereby certify that I have
personally examined the affiant and that I am satisfied that she
voluntarily executed and understood her affidavit.

Notary Public
PTR No. 1234567 1/12/15
IBP No. 7894 1/2/15
ROA 123456
Doc. No.
Page No.
Book No.
Series of 2015.
(Rejoinder)

Naga City
Santana Dragneel,
Complainant,
I.S. No. A-123-456

(Sec.8, R.A.9262)
Macapuno Sanchez
Respondent.
x------------------------x
REJOINDER
COMES NOW, Macapuno Sanzhez, unto the Honorable

Prosecutor, and by way of a Rejoinder, most respectfully aver that:
1. This Rejoinder is being filed with the Office of the City Prosecutor
considering that Reply filed by the complainant disregards the fact
that the acts committed by respondent are defensive in nature;
2. Such points to no other conclusion that what transpired is a self-

defense and respondent is not criminally liable;
3. There appears neither avalid nor a cogent reason to proceed with

the filing of the information as there is clearly a lack of merit on
the case of the complainant.
WHEREFORE, premises considered, it is hereby prayed that the

instant complaint for a violation of R.A. 9262 be promptly dismissed.
IN WITNESS WHEREOF,I have hereunto set my hand this 3rd day of

March, 2015 at Naga City, Philippines.
MACAPUNO SANCHEZ
Respondent
SUBSCRIBED AND SWORN to before me this 3rd day of March,
2015, at the City of Naga, Philippines, and I hereby certify that I have
personally examined the affiant and that I am satisfied that she
voluntarily executed and understood her affidavit.

Notary Public
PTR No. 1234567 1/12/15
IBP No. 7894 1/2/15
ROA 123456
Doc. No.
Page No.
Book No.
Series of 2015.
(Sur-Rejoinder)

Naga City
Santana Dragneel,
Complainant,
I.S. No. A-123-456

(Sec.8, R.A.9262)
Macapuno Sanchez
Respondent.
x------------------------x
SUR-REJOINDER
COMES NOW the complainant, Santana Dragneel, through

counsel, unto the Honorable Prosecutor, and by way of a Sur rejoinder,
respectfully aver and state that:
1. This Sur rejoinder is being filed with the Office of the City
Prosecutor considering that Rejoinder filed by the respondent
disregards the fact that his actions are criminal in nature and not
in any way defensive in nature.
PREMISES CONSIDERED, it is respectfully prayed that the Office

of the City Prosecutor files the information against the herein
respondent.
Naga City, March 10, 2015.

Respectfully submitted,
SAMANTHA NICOLE L. FULLANTE

Counsel for Complainant
Roll No. 1651984561
PTR No.12458/01-07-11/Naga City
IBP No. 1516515/02-01-11/Naga City
MCLE No. 123456/02-01-11/Naga City
Copy furnished:
Macapuno Sanchez –
Naga City,
Philippines
(Motion for Clarificatory Questions)

Naga City
Santana Dragneel,
Complainant,
I.S. No. A-123-456

(Sec.8, R.A.9262)
Macapuno Sanchez
Respondent.
x------------------------x
MOTION FOR CLARIFICATORY QUESTIONS
Accused Pedro Santos, through the undersigned counseland unto the

Honorable Prosecutor, most respectfully avers:
1.That he is the accused in the above-entitled case of the crime of

violation of RA 9262 committed against Santana Dragneel;
2.That the Complaint-Affidavit contains several matters that are vague

and may jeopardize the Constitutional rights of the accused.
WHEREFORE, it is respectfully prayed that the respondent be allowed

to ask clarificatory questions upon the complainant and the
complainant’s counsel.
March 30, 2015. Naga City

REUBEN PAUL F. MADRIDANO

Counsel for Respondent
Roll No. 1516211651
IBP No. 15615695/02-02-11/Naga City
NOTICE OF HEARING
SAMANTHA NICOLE L. FULLANTE

Counsel for Complainant
Naga City
Dear Ma’am,
Greetings!
Please take notice that on Friday, March 30, 2015, at the Naga
City Regional Trial Court Branch 07 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.
Naga City, Philippines. March 30, 2015

Counsel for Respondent
Roll No. 1516211651
IBP No. 15615695/02-02-11/Naga City
(Resolution)

Naga City
Santana Dragneel,
Complainant,
I.S. No. A-123-456

(Sec.8, R.A.9262)
Macapuno Sanchez
Respondent.
x------------------------x
RESOLUTION
SUBMITTED for resolution is a complaint for violation of R.A. 9262

or the allegedly committed during February 15, 16, and 17 of 2015, at
Naga City, supported by the sworn statement of the complainant and
her witness 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, motivated by
greed, anger and evil motives against the said complainant by means of
grabbing her and punching her in the face, in the stomach and in the
thigh without any means from the complainant to defend herself.
However, the respondents claim that, the filing of the complaint

does not carry any criminal liability since the act was performed as a
defensive act.
In the evaluation of the complainant’s evidence, it is clear that the

physical abuse done by respondent are unlawful and felonious.
Respondent without any clear proof that complainant is the aggressor
doesn’t give him any defense for his liability.
IN LIGHT OF THE FOREGOING, the undersigned finds

sufficient cause to hold the respondent MACAPUNO SANHEZ to stand
for trial for VIOLATION OF THE VIOLENCE AGAINST WOMAN AND
CHILDREN as defined and punished under RA 9262.
Naga City, April 20, 2015.

Approved:
ARMIE B. GUNAY
City Prosecutor
(Information)

Naga City
Santana Dragneel,
Complainant,
I.S. No. A-123-456

(Sec.8, R.A.9262)
Macapuno Sanchez
Respondent. x---- x
INFORMATION
The undersigned Assistant City Prosecutor of Naga City, upon

prior written authority of the City Prosecutor, accuses MACAPUNO
SANCHEZ, of violation of RA 9262, committed as follows:
That on February 15, 16, and 17, 2015, in Naga City,

Philippines, and within the jurisdiction of this Honorable Court,
the said accused willfully, unlawfully and feloniously forced the
complainant to sign a Deed of Conveyance to transfer ownership
of the land she inherited from her parents into the name of her
husband Macapuno Sanchez, upon denial, respondent
physically abused complainant who is his wife, that happened
thrice in a span of three (3) days. Complainant apparently
suffered significant amount of injury which resulted to her
permanent blindness.
Contrary to law.
Naga City, April 10, 2015

Witnesses:
1. Macapuno Sanchez –
Naga City,
Philippines
BAIL RECOMMENDED: P 50,000.00.

(Affidavit of Desistance – Mistaken Identity)

Naga City ) s.s.
AFFIDAVIT OF DESISTANCE
I, Santana Dragneel, Filipino, of legal age, married to

Macapuno Sanchez, and a resident of Naga City, Philippines, after
being sworn to in accordance with law, depose and state:
1. I am the Private Complainant in Criminal Case No. 123-456

for VIOLATION OF RA 9262, entitled People of the
Philippines vs. MACAPUNO SANCHEZ, which is now pending
before the Regional Trial Court, Naga City, Branch 07;
2. After a careful evaluation of the facts and circumstances

surrounding the case, I personally and honestly believe that,
due to severe depression and intoxication for the three night
incident, I mistaken my husband to be another person who
apparently in my mind caused physical abuse to me;
3. I am no longer interested in further prosecuting the case

against the accused;
4. I am not paid, threatened, nor coerce in executing this

affidavit of desistance;
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 15th

day of April 2015, in the City of Naga.
SANTANA DRAGNEEL
Affiant
SUBSCRIBED AND SWORN to before me this 28th day of
February, 2015, at the City of Naga, Philippines, and I hereby certify
that I have personally examined the affiant and that I am satisfied
that she voluntarily executed and understood her affidavit.
ATTY. JAMES R. WISEMAN

Notary Public
PTR No. 234567 1/12/12
IBP No. 6789 1/2/11
ROA 91234
Doc. No.
Page No.
Book No.
Series of 2015.
(Affidavit of Desistance – Misapprehension of Facts)

Naga City ) s.s.
AFFIDAVIT OF DESISTANCE
I, Santana Dragneel, Filipino, of legal age, married to

Macapuno Sanchez, and a resident of Naga City, Philippines, after
being sworn to in accordance with law, depose and state:
1. I am the Private Complainant in Criminal Case No. 123-

456 for VIOLATION OF RA 9262, entitled People of the
Philippines vs. MACAPUNO SANCHEZ, which is now
pending before the Regional Trial Court, Naga City, Branch
07;
2. After a careful evaluation of the facts and circumstances surrounding

the case, I personally and honestly believed of my own knowledge that
the respondent attacked me but instead it was a his defensive act
because of my own aggression because of hallucination which I suffered
on those three separate nights;
3. I am no longer interested in further prosecuting the case against the

accused;
4. I am not paid, threatened, nor coerce in executing this affidavit of

desistance;
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 10th

day of April 2015, in the City of Naga.
SANTANA DRAGNEEL
Affiant
SUBSCRIBED AND SWORN to before me this 10th day of April
2015, affiant exhibiting to me his Community Tax Certificate No.
987654321 issued on January 5, 2015, at Naga City.

Notary Public
PTR No. 1234567 1/12/12
IBP No. 6789 1/2/11
ROA 91234
Doc. No.
Page No.
Book No.
Series of 2015.
(Motion for the Allowance to Post Bail)

National Capital Judicial Region
REGIONAL TRIAL COURT
Naga City, Branch VII
The People of the Philippines,

Plaintiff,
Criminal Case No. 12345

(Sec.8, R.A.9262)
Macapuno Sanchez,
Accused.
x----------------------- x
MOTION TO ALLOW ACCUSED TO POST BAIL
COMES NOW accused MACAPUNO SANCHEZ, through the

undersigned counsel, and respectfully alleges:
1. That the defendant is in custody for the alleged violation of RA 9262;
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 discretion;
4. That the prosecution has not presented substantial evidence to prove that
the guilt is strong but presented only mere statements from relatives.
WHEREFORE, upon prior notice and hearing, it is respectfully

prayed that the defendant be admitted to bail in such amount as this
Honorable Court may fix.
April 10, 2015. Naga City.


Counsel for the Accused Roll No. 12344556
PTR No. 12345/01-07-11/Naga City
IBP No. 123456/02-01-11/Naga City
NOTICE OF HEARING
ARMIE B. GUNAY
City Prosecutor
Naga City
Dear Prosecutor Gunay,
Greetings!
Please take notice that on Friday, April 10, 2015, at the Naga
City Regional Trial Court Branch 07 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.
Naga, Philippines. April 5, 2015

Counsel for the Accused
Roll No. 12344556
IBP No. 123456/02-01-11/Naga City
AFFIDAVIT OF SERVICE BY REGISTERED MAIL
I, Emily Blunt, of legal age and having been duly sworn depose
and say:
1. That I am the messenger of Atty. Reuben Paul F. Madridano, counsel for

the accused Macapuno Sanchez in the case entitled People of the
Philippines vs. Macapuno Sanchez, and that such messenger I served
upon the counsel of adverse party and other parties, the pleading in said
case, as follows:
a. Atty. Reuben Paul F. Madridano, served the other party
thru registered mail by depositing the copy in the post
office in sealed envelope, plainly addressed to the party or
counsel at his office, with postage fully prepaid, and with
instruction to the postmaster to return the mail to the
sender after ten days if undelivered, this 5th day of April
2015, as shown by Registry No. 17 dated April 5, 2015 of
the post office of Naga City
IN WITNESS WHEREOF, I have signed this affidavit this April

5, 2015 at Naga City, Philippines.
Emily Blunt
Affiant

2015 at Naga City, Philippines, affiant appearing before me with his
CTC No. 1298 issued on January 2, 2015 at Naga City, Philippines
and SSS No. 021646544 issued on April 12, 1995.

Notary Public
PTR No. 234567 1/12/12
IBP No. 6789 1/2/11
ROA 91234
Doc. No.
Page No.
Book No.
Series of 2015.
Copy furnished:
Samantha Nicole L. Fullante

Counsel for Santana Dragneel
Prosecutor Armie B. Gunay

Naga City Prosecutor
(Motion for the Reduction of Bail)


Plaintiff,

(Sec.8, R.A.9262)
Macapuno Sanchez,
Accused.
x----------------------- x
MOTION TO REDUCE BAIL
Accused MACAPUNO SANCHEZ, through the undersigned

counsel, and respectfully alleges:
1. That the bail for his provisional release has been set at Php 50,000.00
2. That said defendant is a person whose wage he earns from ABC Corp
amounting to a net of Php 10,000.00 a month is barely enough to meet
even his personal needs.
WHEREFORE, the accused MACAPUNO SANCHEZ respectfully

prays that the court grants this motion to reduce bail to Php
15,000.00 or such amount as the court sees just in accordance with
the circumstances thus presented.


Roll No. 12344556
IBP No. 123456/02-01-11/Naga City
NOTICE OF HEARING
ARMIE B. GUNAY
City Prosecutor
Naga City
Greetings!
Please take notice that on Wednesday, April 15, 2015, at the

Naga City Regional Trial Court Branch 07 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.
Naga City, Philippines. April 10, 2015

Counsel for the Accused Roll No. 12344556
IBP No. 123456/02-01-11/Naga City
and say:
1. That I am the messenger of Atty. Reuben Paul F. Madridano, counsel for

the accused Macapuno Sanchez in the case entitled People of the
Philippines vs. Macapuno Sanchez, and that such messenger I served
upon the counsel of adverse party and other parties, the pleading in said
case, as follows:
a. Atty. Reuben Paul F. Madridano, served the other party thru registered
mail by depositing the copy in the post office in sealed envelope,
plainly addressed to the party or counsel at his office, with postage
fully prepaid, and with instruction to the postmaster to return the mail
to the sender after ten days if undelivered, this10th day of April 2015,
as shown by Registry No. 17 dated April 5, 2015 of the post office of
Naga City

Emily Blunt
Affiant


Notary Public
PTR No. 234567 1/12/12
IBP No. 6789 1/2/11 ROA
91234
Doc. No.
Page No.
Book No.
Series of 2015.
Copy furnished:


(Motion to Quash Information)


Plaintiff,

(Sec.8, R.A.9262)
Macapuno Sanchez,
Accused.
x----------------------- x
MOTION TO QUASH

counsel, and respectfully alleges:
1. That he is the accused in the above-entitled case of the crime of Violation

of RA 9262 committed against Santana Dragneel;
2. That the act held as criminal is a defensive act of the respondent thus
doesn’t hold liable whatsoever;
3. 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.


Roll No. 12344556
IBP No. 123456/02-01-11/Naga City
NOTICE OF HEARING
ARMIE B. GUNAY
City Prosecutor
Naga City
Greetings!

Naga City, Philippines. April 10, 2015

Roll No. 12344556
IBP No. 123456/02-01-11/Naga City
and say:
2. That I am the messenger of Atty. Reuben Paul F. Madridano,

counsel for the accused Macapuno Sanchez in the case
entitled People of the Philippines vs. Macapuno Sanchez, and
that such messenger I served upon the counsel of adverse
party and other parties, the pleading in said case, as follows:
b. Atty. Reuben Paul F. Madridano, served the other party thru registered
mail by depositing the copy in the post office in sealed envelope,
plainly addressed to the party or counsel at his office, with postage
fully prepaid, and with instruction to the postmaster to return the mail
to the sender after ten days if undelivered, this 10th day of April 2015,
as shown by Registry No. 17 dated April 5, 2015 of the post office of
Naga City

Emily Blunt
Affiant


Notary Public
PTR No. 234567 1/12/12
IBP No. 6789 1/2/11
ROA 91234
m
Doc.
No.
Page No.
Book No.
Series of 2015.
Copy furnished:


(Motion for Judicial Determination of Probable Cause and to
Hold in Abeyance the Arraignment of the Accused)


Plaintiff,

(Sec.8, R.A.9262)
Macapuno Sanchez,
Accused.
x----------------------- x
MOTION FOR JUDICIAL DETERMINATION OF

PROBABLE CAUSE AND TO HOLD IN ABEYANCE THE
ARRAIGNMENT OF THE ACCUSED

counsel, and respectfully alleges that:
1. He is the accused in the above-entitled case of the for Violation OF RA

9262 committed against Santana Dragneel;
2. The facts charged do not constitute an offense as previously expounded

in the other pleadings related to this case;
3. The act was on an act of self-defense apparently against the aggression

by the complainant;
4. The City Prosecutor made a grave abuse of discretion when she approved
the filing of the Information when there is evidently no probable cause to
hold the herein accused for the crime she allegedly committed.
WHEREFORE, it is respectfully prayed that this Honorable

Court conduct a determination of probable cause, pursuant to Article
III, Section 2 of the 1987 Constitution and for the time being, hold in
abeyance the arraignment of the herein accused.
April 10, 2015. Naga City

Roll No. 12344556
IBP No. 123456/02-01-11/Naga City
NOTICE OF HEARING
ARMIE B. GUNAY
City Prosecutor
Naga City
Greetings!

Makati, Philippines. April 10, 2015

Roll No. 12344556
IBP No. 123456/02-01-11/Naga City
and say:
3. That I am the messenger of Atty. Reuben Paul F. Madridano,

counsel for the accused Macapuno Sanchez in the case
entitled People of the Philippines vs. Macapuno Sanchez, and
that such messenger I served upon the counsel of adverse
party and other parties, the pleading in said case, as follows:
c. Atty. Reuben Paul F. Madridano, served the other party

thru registered mail by depositing the copy in the post
office in sealed envelope, plainly addressed to the party or
counsel at his office, with postage fully prepaid, and with
instruction to the postmaster to return the mail to the
sender after ten days if undelivered, this 10th day of April
2015, as shown by Registry No. 17 dated April 5, 2015 of
the post office of Naga City

Emily Blunt
Affiant


Notary Public
PTR No. 234567 1/12/12
IBP No. 6789 1/2/11
ROA 91234
Doc.
No.
Page No.
Book No.
Series of 2015.
Copy furnished:


(Motion for Reconsideration of Prosecutor’s Resolution)

Naga City
Santana Dragneel,
Complainant,
I.S. No. A-123-456

-versus - For: Protection Order
(Sec.8, R.A.9262)
Macapuno Sanchez
Respondent.
x------------------------x
MOTION FOR RECONSIDERATION

(PROSECUTOR’S RESOLUTION)
Accused Macapuno Sanchez through the undersigned counsel,

respectfully alleges that:
1. That he is the accused in the above entitled case.
2. The evidence presented is not sufficient to justify the findings.
WHEREFORE, It is respectfully prayed that the city

prosecutor reconsiders his findings of probable cause in the above
entitled complaint
February 21, 2015, Naga City
FULLANTE, GENOVIS, MADRIDANO [1B] Page 38 of 57

Respectfully Submitted,

Roll No. 12345678
IBP No. 12345/02-02-10/Naga City
NOTICE OF HEARING
ARMIE B. GUNAY
City Prosecutor
Naga City
Greetings of Peace!
Please take note that on February 27, 2015, Wednesday,

at the Naga City Regional Trial Court Branch 11 at 9 o’clock a.m. or
as soon as thereafter the counsel can be heard; the undersigned
will submit the foregoing motion for the approval of the court.

Roll No. 12345678

and say:
4. That I am the messenger for Atty. Reuben Paul F.

Madridano, counsel for the accused Macapuno Sanchez in the
case entitled People of the Philippines vs. Macapuno Sanchez
and such that I served upon the counsel of the adverse party
and other parties, pleading in said case, as follows:
d. Atty. Reuben Paul F. Madridano, served the other party

thru registered mail by depositing the copy in the post plainly
addressed to the party or counsel at his office, with postage
fully prepaid, and with instruction to the postmaster to return
the mail to the sender after ten days if undelivered, this 27th
day of February 2015, as shown by Registry No. 15 dated
February 21, 2015 of the post office of Naga City.
IN WITNESS WHEREOF, I have signed this affidavit this

February 27, 2015 at Naga City, Philippines.
EMILY BLUNT
Affiant

and SSS No. 021646544 issued on June 15, 1997.
ATTY JAMES R. WISEMAN

Notary Public
PTR No. 1234567 1/12/13
IBP No. 6789 1/2/10
ROA 87654
Doc. No.
Page No.
Book No.
Series of 2015.
Copy furnished:

Counsel for Santana Dangreel


(Pre-Trial Brief)

Naga City
Santana Dragneel,
Complainant,
I.S. No. A-123-456

(Sec.8, R.A.9262)
Macapuno Sanchez
Respondent.
x------------------------x
TRIAL BRIEF
PLAINTIFF, by counsel, respectfully submits his Trial
Brief, as follows:
I. WILLINGNESS TO ENTER INTO AN AMICABLE SETTLEMENT
AND POSSIBLE TERMS OF ANY SUCH SETTLEMENT
1.1. Subject to a concrete proposal that is fair and
reasonable and a reciprocal manifestation of openness from
defendant, plaintiff is open to the possibility of amicably
settling this dispute.
II. BRIEF STATEMENT OF CLAIMS AND DEFENSES
2.1. Enjoining the respondent from threatening to
commit or committing further acts of violence against herein
petitioners;
2.2 Ordering the respondent to stay away at a distance of
One Hundred Kilometers (100 Km.) from the petitioners, their
family and household members permanently;
2.3 Ordering respondent to shoulder the medical expense
incurred by petitioner because of the damaged inflicted to be
at P75,000.00;
2.4 Ordering respondent to pay P50,000.00 as moral
damages suffered by petitioner;

2.5 Ordering respondent to provide at least P30,000 for
the basic daily expenses of herein petitioners as a
consequence of the damaged done to her because of the
physical harm inflicted upon her for three weeks.
III. FACTS AND OTHER MATTERS ADMITTED BY THE PARTIES

3.1. Plaintiff and defendants admits to Paragraphs 1 and
2 in so far as it states their personal circumstances
IV. ISSUES TO BE TRIED
Plaintiff submits that the following issues be put forward:
4.1. Whether or not petitioner will be granted with
protection order under RA 9262;
4.2. Whether or not plaintiff is entitled to damages.
V. EVIDENCE
Plaintiff intends to present the following witnesses:
5.1 Plaintiff herself, who will testify on the true
circumstances leading to the filing of this suit;
5.2. PETER BROWN who witnessed the incidents.
VI. RESORT TO DISCOVERY
In order to have a speedy disposition of the case, plaintiff
intends to use the following modes of discovery:
6.1. Deposition of witnesses;
6.2 Interrogatories to parties.
Naga City, April 15, 2012.

Copy furnished by personal delivery:

Counsel for the Accused, Naga City

(Appeal to the Office of the President)

OFFICE OF THE PRESIDENT
Malacanan Palace, Manila
Santana Dragneel,
Complainant,
I.S. No. A-123-456

(Sec.8, R.A.9262)
Macapuno Sanchez
Respondent.
x------------------------x
APPEAL
COMES NOW, the appellant, through the undersigned counsel, and

hereby allege the following:
I. ASSIGNMENT OF ERROR
The Department of Justice erred when it found probable
cause in the complaint filed by the appellee-complainant when
the evidence produced by the said appellee-complainant is
insufficient to support the findings of the prosecutor.
II. FACTS OF THE CASE

The herein appellant is the respondent for the alleged
violation of RA 9262 which defines violence against women and
children with corresponding criminal penalties. A Motion for
Reconsideration was filed with the City Prosecutor of Naga City
but apparently was denied by the City Prosecutor without any
legal basis provided in their resolution. Thus this appeal.

III. ARGUMENT
Appellant-respondent argues that there cannot be any
criminal liability on the part of the respondent as his acts
committed against the complainant were defensive in nature.
IV. ISSUE
Whether or not appellant-respondent should be held for
trial for the commission of the above stated crime.
V. RELIEF
WHEREFORE, appellant-respondent humbly prays that this

Honorable Office reverse the decision of the Department of Justice
and thereby also reversing the finding of the Office of the City
Prosecutor of Naga City finding probable cause against the herein
appellant-respondent.
Naga City, Philippines. February 21, 2015

Roll No. 12345678

(MOTION FOR THE ISSUANCE OF AN ALIAS WARRANT OF
ARREST)

NagaCity
Santana Dragneel,
Complainant,
I.S. No. A-123-456

(Sec.8, R.A.9262)
Macapuno Sanchez
Respondent.
x------------------------x
MOTION FOR THE ISSUANCE OF AN ALIAS WARRANT OF

ARREST
The undersigned City Prosecutor of Naga respectfully alleges

that:
1. This honorable court issued a warrant of arrest to the
accused, MACAPUNO SANCHEZ, dated February 21, 2015.
Attached herewith the copy of warrant of arrest;
2. After the due execution by the PNP Naga Police Station the
warrant of arrest was not served to the accused because he cannot
be located in the given address. Attached herewith the return slip
and proof of service made by the Police Officer,PO2 Juan McClane,
dated February 21, 2015;
3. Thus, there is a necessity of placing the respondent under

immediate custody in order not to frustrate the ends of justice;

4. WHEREFORE, undersigned and prays that after hearing and
examination of this motion, alias warrant of arrest be issued to
bring the accused under custody, pending completion of
preliminary investigation;
5. The undersigned City Prosecutor finds probable cause to hold

the accused for trial to answer for the crime for which he is herein
accused;
6. The herein accused is imminently leaving the territory and

jurisdiction of the Republic of the Philippines heading to Taiwan
(Republic of China) where the Philippines have no diplomatic ties
much more any extradition treaty;
7. The defendant therefore is viewed as a flight risk which might

jeopardize the proper course of the proceedings of this course and
ultimately thwart the ends of justice;
8. The continued ability of the accused to roam free poses a

danger to the society within his locality.
WHEREFORE, the prosecution respectfully prays that this

court issue an ALIAS Warrant of Arrest against the herein accused.
February 21, 2015. Naga City.
ARMIE B. GUNAY
City Prosecutor of Naga

NOTICE OF HEARING

Counsel for the accused
Dear Atty. Madridano,
Greetings of Peace!

Naga City, Philippines. February 21, 2015
ARMIE B. GUNAY
City Prosecutor of Naga
Received by:
Atty. Reuben Paul F. Madridano


(Motion for Reconsideration of Prosecutor’s Resolution)

Naga City
Santana Dragneel,
Complainant,
I.S. No. A-123-456

(Sec.8, R.A.9262)
Macapuno Sanchez
Respondent.
x------------------------x
MOTION FOR DEMURRER TO FILE EVIDENCE ON

COURT

counsel, and respectfully alleges that:
1.That he is the accused in the above-entitled case for the crime

of Violation of RA 9262 against Regina Dela Cruz;
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 presented where not properly validated or
certified by proper officials;
4.That the evidence submitted are less substantial 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.
February 21, 2015. Naga City.

Reuben Paul F. Madridano

Roll No. 12345678
NOTICE OF HEARING
ARMIE B. GUNAY
City Prosecutor
Naga City
Greetings of Peace!


Roll No. 12345678

and say:
4. That I am the messenger for Atty. Reuben Paul F.

Madridano, counsel for the accused Macapuno Sanchez in
the case entitled People of the Philippines vs. Macapuno
Sanchez and such that I served upon the counsel of the
adverse party and other parties, pleading in said case, as
follows:
d. Atty. Reuben Paul F. Madridano, served the other party

thru registered mail by depositing the copy in the post plainly
addressed to the party or counsel at his office, with postage
fully prepaid, and with instruction to the postmaster to
return the mail to the sender after ten days if undelivered,
this 27th day of February 2015, as shown by Registry No. 15
dated February 21, 2015 of the post office of Naga City.
IN WITNESS WHEREOF, I have signed this affidavit this

February 27, 2015 at Naga City, Philippines.
EMILY BLUNT
Affiant

and SSS No. 021646544 issued on June 15, 1997.

ATTY JAMES R. WISEMAN
Notary Public
PTR No. 1234567 1/12/15
IBP No. 6789 1/2/10
ROA 87654
Doc. No.
Page No.
Book No.
Series of 2015.
Copy furnished:
Counsel for Santana Dangreel


(PRE-TRIAL BRIEF)

Naga City
Santana Dragneel,
Complainant,
I.S. No. A-123-456

(Sec.8, R.A.9262)
Macapuno Sanchez
Respondent.
x------------------------x
PRE-TRIAL BRIEF
UNDERSIGNED Assistant City Prosecutor hereby respectfully

submits, for purposes of the Pre-Trial hereon, conformably with Rule
118 of the (2000) Revised Rules on Criminal Procedure, and
subparagraph number 1 of paragraph B of the chapter on Pre-Trial
of Administrative Matter No. 03-1-09-SC, the following
Manifestations, Proposals for Stipulation of Facts and Issues, and
Identification of Evidence for the Prosecution, to wit:
THEORY OF THE PROSECUTION

The theory of the prosecution is premised on the application of
the provisions of the Republic Act 9262 Sec. 5, on the following
circumstances, to wit: That on February 1,2, and 3, 2012, in Naga
City, Philippines, and within the jurisdiction of this Honorable Court,
the said accused willfully, unlawfully and feloniously forced the
complainant to sign a Deed of Conveyance to transfer ownership of
the land she inherited from her parents into the name of her husband
MACAPUNO SANCHEZ, upon denial, respondent physically abused
complainant and caused physical harm to his wife, that happened

thrice in a span of three (3) days. Complainant apparently suffered
significant amount of injury which resulted to her permanent
blindness.
PLEA BARGAINING
The Prosecution shall not enter into any plea bargaining
agreement.
PROPOSALS FOR STIPULATION OF FACTS
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.
II. IDENTITY OF THE ACCUSED:

The accused named in the Information and in the affidavits of
prosecution witnesses is the same accused earlier arraigned in court.
III. FACTS OF THE CASE:

III-A. That sometime in the evening of February 15, 16, and
17, 2015 accused forced his wife to execute a Deed of
Conveyance, to transfer her inherited land in Naga City, into the
name of herein respondent;
III-B. That the complainant thrice refused to execute the deed
despite the physical violence done to her;
III-C. That she was physically abused causing her to lose her
eyesight permanently;
III-D. That because of such incapacity, her employer was
forced to dismiss her therefore losing her source of income;
IV. EVIDENCE FOR THE PROSECUTION

DOCUMENTARY EVIDENCE:
EXHIBIT A --- Marriage Contract of Macapuno and
Santana Dragneel
EXHIBIT B --- Medical Certificate issued by Dr. Richie Rich
of Obi Wan Hospital.
EXHIBIT C --- Dismissal from Employment
EXHIBIT D --- Police report and testimonies from
witnesses.
TESTIMONIAL EVIDENCE:
1. Santana Dragneel, the private offended party;
2. Naruto Uzumaki, village security guards;
3. Martin Lawrence and Will Smith, police officers.
4. Macapuno Sanchez, Jr., son of Spouses Sanchez
The prosecution hereby reserves the right to present additional

evidence as the need therefore may arise.
ISSUES
WHETHER OR NOT, on said date, time, and place, the accused,
performing the above-mentioned acts, constitute acts in violation of
Sec. 5 par. A of RA 9262.
Naga City, February 21, 2015.
Respectfully Submitted


Counsel for Accused, Naga City

(FORMAL OFFER OF EVIDENCE)

Naga City
Santana Dragneel,
Complainant,
I.S. No. A-123-456

(Sec.8, R.A.9262)
Macapuno Sanchez
Respondent.
x------------------------x
FORMAL OFFER OF EVIDENCE
UNDERSIGNED Assistant City Prosecutor respectfully offers in

evidence for the prosecution the following documentary, physical,
and testimonial evidence, to wit:
EXHIBIT A --- Marriage Contract of Macapuno and Santana

Dragneel
EXHIBIT B --- Medical Certificate issued by Dr.Richie Rich of
Obi Wan Hospital.
EXHIBIT C --- Dismissal from Employment
EXHIBIT D --- Police report and testimonies from witnesses.
THE TESTIMONIAL EVIDENCE (EXHIBIT D) consists of the

testimonies of witnesses of security guard (Naruto Uzumaki) who
apparently saw the incident and police officers (Vic Sotto and Joey
De Leon) who reported to incident.

EXHIBIT A, B, and C are supporting documents that will prove
that they are married, that complainant suffered tremendous injury
and that complainant lost her source of living.
Exhibit A, B, C, D with all its respective sub-markings, together

with the testimony of said witnesses, are offered for the identical
purpose of showing that on November 1, 3 and 10 respondent
unlawfully, feloniously and intentionally caused physical harm to
respondent who is his wife.
Furthermore, the prosecution respectfully manifests that all of

the afore-described exhibits/evidence for the prosecution have been
submitted to custody of the Honorable Court.
Naga City, Philippines, February 21, 2015.
Respectfully Submitted


Counsel for Accused, Naga City

1B LW Finals Fullante Genovis Madridano

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University of Nueva Caceres

MADRIDANO, Reuben Paul F.

Republic of the Philippines)

I, Santana Dragneel, Filipino, of legal age, married to Macapuno

1. That I am lawfully married to Macapuno Sanchez supported

2. That Macapuno Sanchez currently resides at our conjugal

3. That sometime in the evening of February 15, 16, and 17 of

4. That testimonials from our neighbors and police blotter

6. That because of the injury suffered I was dismissed from my

7. That a Complaint was filed under RTC Branch 06 Fifth

TO THE TRUTH OF THE FOREGOING, I have hereunto set my

SUBSCRIBED AND SWORN to before me this 21st day of February

This is to certify that I have personally examined the affiant and I

JOATHAM ANRY T. GENOVIS

Republic of the Philippines)

I, Macapuno Sanchez, of legal age, married, Filipino and with

2. That on February 21, 2015, a complaint-affidavit for permanent

3. I deny such allegations of the petitioner that I forced her to transfer

4. That on the said nights, Santana Dragneel was suffering from

5. That the physical injuries inflicted by respondent where defensive

7. That on last evening of the trilogy, my defensive stance turned into

8. That the police officer arrested me on that same night;

9. That I filed for bail a day after the incident;

10. That physical violence inflicted on the petitioner was more of

TO THE TRUTH OF THE FOREGOING,I have hereunto set my hand

SUBSCRIBED and SWORN, to before me in Naga City, this 27TH

ATTY. JOATHAM ANRY T. GENOVIS

Republic of the Philippines

I.S. No. A-123-456

COMES NOW, Santana Dragneel, unto the Honorable Prosecutor,

1. That in view of the reply the counter-affidavit submitted by the

2. That the argument raised by the respondent in the counter

4. That the rest of the allegations in respondents’ counter affidavit

WHEREFORE, premises considered, it is hereby prayed that the

Other just and equitable reliefs are likewise prayed for.

IN WITNESS WHEREOF,I have hereunto set my hand this 3rd day of

SUBSCRIBED AND SWORN to before me this 3rd day of March,

ATTY. JOATHAM ANRY T. GENOVIS

Republic of the Philippines

I.S. No. A-123-456

COMES NOW, Macapuno Sanzhez, unto the Honorable

2. Such points to no other conclusion that what transpired is a self-

3. There appears neither avalid nor a cogent reason to proceed with

WHEREFORE, premises considered, it is hereby prayed that the

Other just and equitable reliefs are likewise prayed for.

IN WITNESS WHEREOF,I have hereunto set my hand this 3rd day of

ATTY. JOATHAM ANRY T. GENOVIS

Republic of the Philippines

I.S. No. A-123-456

COMES NOW the complainant, Santana Dragneel, through

PREMISES CONSIDERED, it is respectfully prayed that the Office

Other just and equitable reliefs are likewise prayed for.

Naga City, March 10, 2015.

SAMANTHA NICOLE L. FULLANTE

Republic of the Philippines

I.S. No. A-123-456

MOTION FOR CLARIFICATORY QUESTIONS

Accused Pedro Santos, through the undersigned counseland unto the

1.That he is the accused in the above-entitled case of the crime of

2.That the Complaint-Affidavit contains several matters that are vague

WHEREFORE, it is respectfully prayed that the respondent be allowed

Other just and equitable reliefs are likewise prayed for.

March 30, 2015. Naga City