Spot Report Re Shooting Incident

Republic of the Philippines
NATIONAL POLICE COMMISSION

PHILIPPINE NATIONAL POLICE, NATIONAL CAPITAL REGION POLICE OFFICE
MANILA POLICE DISTRICT
SAMPALOC POLICE STATION (PS-4)
G. Tuazon St. Corner Algeciras St, Sampaloc Manila
Tel. No. 67298947
Blotter Report
Blotter Date/Time Incident/Event Disposition

Entry
No.
IDC- November On this time and date, Ms A team headed by

A2023- 21, 2023 Aurelia Dela Merced called this station PSMS Gloria E
02 10:30 AM and stated that her daughter, Princess Labandera, SWCPD
Dela Merced was found dead, naked, duty investigator was
bloodied with lacerated wounds in her dispatched to the
vagina inside her room of their area for investigation
residence.
Recorded by: PCpl James Alcantara
1
Tel. No. 67298947
PS6(ID-WC)-231121-0001
MEMORANDUM
FOR : District Director, MPD

(Attn: C, DOD; C, DIDMD)
FROM : Station Commander
SUBJECT : Spot Report re Alleged Rape with Homicide
DATE : November 21, 2023
1. Reference: Telephone call from Aurelia Dela Merced on November 21,

2023.
2. On November 21, 2023 at 10:05 AM, this station received a telephone call
from Ms. Aurelia Dela Merced, 50 years old, widow, fish vendor, live-in partner of
Winston Viernez and residing at No. 114 Legarda, Sampaloc, Manila informing the
station that she found her daughter Princess Dela Merced,12 years old, Grade 6
Pupil at Legarda Elementary School, Legarda, Manila, dead, naked, bloodied with
lacerated wounds in her vagina;
3. Upon receipt of the information thereof, personnel of this station headed by

PSMS Gloria E Labandera proceeded on the above stated address to verify the
information and conduct initial investigation;
4. Upon arrival thereat, they found the victim dead lying on bed, naked with
open legs, bloodied, sustaining lacerated wounds in her vagina and stab wound on
her right lower abdomen;
5. Pieces of evidence recovered from the crime scene are as follows:

a. Ten (10) inches kitchen knife with yellow plastic handle
stained with blood;
b. One (1) set red and white school uniform;
c. One (1) piece soen small yellow panty;
d. One (1) piece pink baby bra;
e. One (1) piece cigarrette butt;
f. One (1) piece red lighter; and
g. Scattered bloodstains.
2
6. A witness identified as Marites Chicadora approached the team and
stated that she saw Winston Viernez (Suspect), 42 years old, jeepney driver, live-in
partner of the complainant, rushing from the crime scene wearing white T-shirt
stained with blood few minutes prior to the discovery of the victim. Victim’s mother
claims that the suspect had already an occasion to molest the victim but failed due to
her strong intervention;
7. SOCO team from MPDFU upon prompt request processed the crime
scene. Victims cadaver was brought at Lapaz Funeral Homes for autopsy;
8. Personnel of this station conducted hot pursuit operation for possible

apprehension of the suspect;
9. Progress report to follow;
10. Investigator-on-Case: PSMS Gloria E Labandera with contact number

09123456789.
JUAN CRUZ DELA CRUZ

Police Lieutenant Colonel
3
Tel. No. 67298947
PS6(ID-WC)-231122-0003
MEMORANDUM

(Attn: C, DOD; C, DIDMD; C, DWCPD)
SUBJECT : After Operation Report on Rape with Homicide in Relation to

Violation of RA 7610
I. AUTHORITY:
a. Spot Report re Rape with Homicide dated November 21, 2023; and
b. Blotter Entry IDC-A2023-02 dated November 21, 2023 at 10:30 AM.
II. MISSION
To arrest and prosecute the suspect Winston Viernez and make him liable
for the crime he committed.
III. AREA OF OPERATION
Within the jurisdiction of Legarda, Sampaloc, Manila and Sta Mesa,

Manila.
IV. PERIOD OF OPERATION
From 10:30 AM November 21, 2023 to 10:30 AM November 22, 2023.
V. PARTICIPATING ELEMENTS
PEMS Cutie Pie Pabebe- Team Leader
4
PSMS Gloria E Labandera-IOC
PSSg Rolan Reyes- Member
PCpl Jerome Lazaro- Member
PCpl Jer Laza- Member
PCpl Jero Laro- Member
PCpl Jomer Zaro- Member
PCpl Mero Lazaro- Driver
VI. CHRONOLOGICAL EVENTS
1. On November 21, 2023 at 10:05 AM, an alleged rape with homicide

incident transpired at No. 114 Legarda, Sampaloc, Manila. The victim was
identified as Princess Dela Merced,12 years old, Grade 6 Pupil of Legarda
Elementary School, Legarda, Manila. She was found dead by her mother
Aurelia Dela Merced naked, bloodied with laceration on vagina with stab
wound on lower right of the victim’s abdomen lying inside her room;
2. After the investigator alerted all the follow-up operatives and Sub-
Station through telephone call to STOC about the description of the suspect.
PEMS Cutie Pie Pabebe together with seven (7) others proceeded in Alegeria
Street corner Ligaya Street, Sta. Mesa Manila, as per information provided by
the victim’s mother Aurelia Dela Merced;
3. At around 11:00 AM, same date, the operating team spotted the
suspect at Mayaman Sari-sari Store near the residence of his brother Pedro
Viernez. The witness, Marites Chicadora, who was earlier requested by the
operating team to accompany them in the operation identified the suspect.
4. Thereupon, the arresting team headed by PEMS Cutie Pie Pabebe

approached the suspect and asked if he is the person of Winston Viernez,
which the latter said yes. The witness pinpointed to him as the one whom she
saw going out from the crime scene wearing white T-shirt stained with blood.
Immediately thereafter, placed him under arrest by handcuffing him and
apprised him of his constitutional rights in Tagalog which is known,
understood and spoken by him as provided for under the Miranda Doctrine.
5. Further, he was also informed that the entire procedure is being

recorded using a body worn camera attached to the chest of the team leader
PEMS Cutie Pie Pabebe, in compliance with Administrative Matter AM No. 21-
06-08-SC. Subsequently thereafter, he was brought to this station for
disposition and brought at the Ospital ng Maynila for the routine physical and
medical examination as provided for under the Police Operational Procedure
(POP);
VII. RESULT OF OPERATION
5
A hot pursuit operation was effectively conducted by personnel of this
unit against the above-named suspect in faithful compliance with the rules and
other issuances resulting to a peaceful conduct of the operation and without
any untoward incident;
VIII. ACTION TAKEN
A criminal complaint for Rape with Homicide in relation to Violation of

RA 7610 is being prepared against Winston Viernez for inquest proceeding
before the Office of the City Prosecutor, Manila.
JUAN CRUZ DELA CRUZ

Republic of the Philippines )
Manila )s.s.
x- - - - - - - - - - - - - - - - - - x
JOINT AFFIDAVIT OF ARREST
We, PSSg Rolan Reyes, PCpl Jerome Lazaro, PCpl Jer Laza, PCpl Jero Laro,
PCpl Jomer Zaro and PCpl Mero Lazaro, all of legal age and bonafide members of
the Philippine National Police (PNP) presently assigned at Sampaloc Police Station
and designated as follow-up Operatives after having been duly sworn to in
accordance with law, do hereby depose and states that:
1. On November 21, 2023 at 10:30 AM, while we are on our tour of duty, we
were instructed by PEMS Cutie Pie Pabebe to proceed at Legarda Street,
Sampaloc, Manila to conduct a hot pursuit operation relative to a case of
Rape with Homicide in relation to Violation of RA 7610 against Winston
Viernez;
2. Upon receipt of the instruction, we proceeded at the above stated address

on board mobile 2023 equipped with body worn camera with serial number
ABC12345;
3. Based on the information provided by the victim’s mother, Aurelia Dela

Merced, the suspect may be found in his brother’s residence located at
Alegeria Street corner Ligaya Street, Sta. Mesa Manila;
4. Thereupon the team immediately proceeded at said location and upon

arrival at Alegeria Street infront of 7/11 store at 10:50 AM, the body worn
camera attached to the chest of our team leader, PEMS Cutie Pie Pabebe
was activated;
6
5. We were accompanied by witness, MARITES CHICADORA, neighbor of
the victim to identify the suspect upon request of our team leader;
6. Few meters away from our location, the witness saw a man wearing blue T-
shirt and maong pants, medium built and brown complexion. She
whispered to our team leader that he was the man we were looking for;
7. PEMS Cutie Pie Pabebe immediately approached the subject and asked
his name which the latter stated that he is Winston Viernez. There and
then, we effected his arrest, where I, PSSg Rolan Reyes handcuffed him;
8. We, PCpl Jer Laza together with PCpl Mero Lazaro, conducted thorough
body search while I, PCpl Jerome Lazaro recited to him his constitutional
rights as provided for under the Miranda Doctrine in Tagalog known,
understood and spoken by him;
9. During the arrest, the suspect voluntarily and peacefully surrendered to the
arresting team hence, no untoward incident happened;
10. Subsequently thereafter, suspect was brought at PS4 Sampaloc Police

Station G. Tuazon St. Corner Algeciras St, Sampaloc Manila for disposition
and brought at Ospital ng Maynila for physical examination;
11. We are executing this Joint Affidavit of Arrest to attest to the truthfulness
of the foregoing facts and circumstances.
IN WITNESS WHEREOF, we have hereunto affix our signatures this 22 nd day

of November 2023, Manila, Philippines.
PSSg Rolan Reyes PCpl Jerome Lazaro

Affiant Affiant
PCpl Jer Laza PCpl Jero Laro

Affiant Affiant
PCpl Jomer Zaro PCpl Mero Lazaro

Affiant Affiant
7
SUBSCRIBED AND SWORN to before me this 22nd day of November 2023,
Manila, Philippines. I further certify that they voluntarily and fully understood the
contents of this affidavit.
BENJAMIN JOKENO
Administering Prosecutor
8
Manila ) s.s.
x- - - - - - - - - - - - - - - - - - x
AFFIDAVIT OF WITNESS
I, Marites Chicadora, 40 years old, married, street vendor and a resident of

No. 115 Legarda, Sampaloc, Manila, after having been duly sworn to in accordance
with law, do hereby depose and state that:
1. On November 21, 2023 at 9:05 AM, while going home from selling boiled
egg, peanut and other merchandise in front of IDC Building, I saw
WINSTON VIERNEZ rushing away from his house wearing white T-shirt
stained with suspected blood on the lower part;
2. The said situation gave the undersigned a strange feeling seeing Winston
Viernez uneasy and suspicious. However, the undersigned did not mind it
at all;
3. An hour after, I heard my neighbor Aurelia Dela Merced, shouting and

crying for help. I immediately ran and discovered that her daughter,
Princess Dela Merced was found dead;
4. During the conduct of the investigation, I approached the investigator and

stated what I saw on that day and upon request agreed to accompany them
in the follow-up operation to positively identify and arrest the suspect; and
5. I am executing this affidavit to attest to the truthfulness of the foregoing

facts and circumstances.
IN WITNESS WHEREOF, I have hereunto affix my signature this 22nd day of

November 2023, Manila, Philippines.
Marites Chicadora
Affiant

Manila, Philippines. I further certify that she voluntarily executed and understood her
affidavit.
9
BENJAMIN JOKENO
Republic of the Philippines)

Manila ) s.s.
x---------------------------------x
AFFIDAVIT OF THE INVESTIGATOR
I, PSMS Gloria Labandera, of legal age, bonafide member of the Philippine

National Police, presently assigned at Sampaloc, Police Station (PS-4), Manila
Police District, G. Tuazon St. Corner Algeciras St. Sampaloc Manila and designated
as SWCPD Investigator after having been duly sworn to in accordance with law do
hereby depose and states that:
1. At 11:30 AM, November 21, 2023, I have conducted the examination of the
complainant Aurelia Dela Merced, 50-year-old widow, fish vendor (victim’s
mother), with one (1) daughter Princess Dela Merced (victim),12 years old,
Grade 6 Pupil at Legarda Elementary School, Legarda, Manila both
residing at No. 114 Legarda, Sampaloc, Manila and witness Marites
Chicadora, 40 years old, married, vendor, neighbor of the victim, and
resident of No. 115 Legarda, Sampaloc, Manila;
2. Aurelia Dela Merced stated that at 10:05 AM, saw her daughter dead,
inside her room naked, bloodied with lacerated wounds in her vagina and
sustaining stab wound on her lower right abdomen. She called the station
to report the incident;
3. Witness Marites Chicadora stated that while she was walking on her way
home about ten meters, she saw Winston Viernez, live-in partner of the
victim’s mother rushing away from his house wearing white T-shirt stained
with suspected blood on the lower part;
4. An hour after the said incident, Aurelia Dela Merced upon returning from
the market was shocked seeing her daughter dead inside her room naked,
bloodied with lacerated wounds in her vagina and sustaining stab wound
on her lower right abdomen. She then cried for help and managed to call
this station to inform the incident;
5. Victim’s mother further averred that some time on July 2023,

suspect attempted to molest her daughter but failed due to her discovery
and timely intervention. She narrated that she almost called the police but
suspect pleaded and promised not to do the same;
6. In the conduct of investigation, the following pieces of evidence

were recovered:
10
a. Ten (10) inches kitchen knife with yellow plastic handle stained with
blood;
b. One (1) set red and white school uniform;
c. One (1) piece soen small yellow panty;
d. One (1) piece pink baby bra;
e. One (1) piece cigarrette butt;
f. One (1) piece red lighter; and
g. Scattered bloodstains.
7. Further, as the Investigator-on-case, I have caused the preparation of the

following documents, to wit:
a. Affidavit of Complaint;
b. Affidavit of Witness;
c. Case Referral and Investigation Report;
d. Spot Report;
e. Joint Affidavit of the Arresting Officers;
f. After Operation Report;
g. Request for Fingerprints Examination;
h. Request for Blood Examination;
i. Request for Medico-Legal Examination;
j. Request for DNA Examination;
k. Medical Certificate of Suspect;
l. Booking Sheet and Information of Suspect; and
m. Others to be presented later.
8. As Investigator-on-case, undersigned made sure that answers given by

the witnesses were freely and voluntarily, and I nor anybody else attempt
to influence to alter their testimonies;
9. I am executing this affidavit to attest to the truthfulness of the forgoing

facts and circumstances and in support of filing of the appropriate case
against Winston Viernez.
IN WITNESS WHEREOF, I have hereunto set my hand this 22 nd day of

PSMS Gloria Labandera

Affiant
11
Manila, Philippines. I further certify that she voluntarily and fully understood the
BENJAMIN JOKENO
12
Republic of the Philippines)
Manila )s.s.
x -------------------------------x
COMPLAINT AFFIDAVIT
I, Aurelia Dela Merced, 50-year-old, widow, fish vendor, residing at 114

Legarda, Sampaloc, Manila after having been duly sworn to in accordance with law,
do hereby depose and states that:
1. I am the mother of Princess Dela Merced (deceased), 12 years old, Grade

6 Pupil at Legarda Elementary School, Legarda, Manila, and a resident of
114 Legarda, Sampaloc, Manila;
2. On November 21, 2023 at 10:00 AM, as I arrived home from the market, I
saw my daughter lying inside her room dead, naked, bloodied with lacerated
wounds in her vagina and stab wound on her lower right abdomen;
3. Based on the statement of our neighbor, Marites Chicadora, she saw my

live-in partner, Winston Viernez, rushing from the crime scene wearing white
T-shirt stained with blood prior to my discovery of my daughter’s death;
4. I immediately called the station to inform the incident where an

investigating team headed by PSMS Gloria E Labandera arrived few minutes
thereafter;
5. I am executing this affidavit to charge Winston Viernez for the crime of

Rape with Homicide in relation to Violation of RA 7610 committed against my
daughter, Princess Dela Merced.
IN WITNESS WHEREOF, I have hereunto affix my signature this 22 nd day of

Aurelia Dela Merced

Affiant

Manila, Philippines. I further certify that affiant voluntarily and fully understood the
13
BENJAMIN JOKENO
14
Tel. No. 67298947
November 21, 2023
THE MEDICAL DIRECTOR

Ospital Ng Maynila
Quirino Avenue, Manila
Sir/Madame:
In relation to Rape with Homicide case involving Princess Dela Merced, 12 years old,
female, grade 6 pupil of Legarda Elementary School and a resident of 114 Legarda
Sampaloc, Manila, we respectfully request that a routine physical examination be
conducted to the person of WINSTON VIERNEZ, male, 42 years old, jeepney driver,
single and a resident of the same address, suspect in the said crime.
Further requests that the result of your examination be furnished to this office as our
reference.
Trusting that this request merits your utmost consideration on matters of mutual
concern. Thank you.
Very truly yours,
PLTCOL JUAN CRUZ DELA CRUZ

Station Commander
15
Tel. No. 67298947
MEMORANDUM
FOR : C, MPD Forensic Unit

(Attn: C, Forensic Chemistry)
SUBJECT : Request for DNA Examination
1. Request conduct of DNA examination on the accompanying specimens.
a) NATURE OF CASE : Rape with Homicide
b) VICTIM : Princess Dela Merced, 12 years old,

Grade 6 pupil at Legarda Elementary
School residing at 114 Legarda
Sampaloc, Manila
c) SUSPECT : Winston Viernez, 42 years old,

jeepney driver residing at the same
address of the victim
d) T D P O : On November 21, 2023 at 10:05 AM

of at 114 Legarda Sampaloc, Manila
e) SPECIMEN SUBMITTED: Vaginal swab specimen taken from

the victim’s Vagina marked as
“PAS1”.
2. Further request furnish this office a copy of the result thereof for our
reference.
3. For consideration.
16
JUAN CRUZ DELA CRUZ
17
Tel. No. 67298947
MEMORANDUM

(Attn: C, Fingerprint Division)
SUBJECT : Request for Fingerprint Examination
1. References:
a. After Operation Report on Arrest of Suspect for Rape with Homicide

dated November 21, 2023;
b. Spot Report Alleged Rape with homicide dated November 21, 2023;
and
c. Blotter Entry No. Police Blotter Entry IDC-A2023-02 dated November
21, 2023.
2. Request conduct fingerprint identification/latent print lifting and

identification/fingerprint comparison on the herein submitted specimen to that of the
standard fingerprint taken from the suspect WINSTON VIERNEZ to wit:
a. Standard fingerprint specimen of WINSTON VIERNEZ; and
b. Questioned latent prints lifted from a Kitchen knife 10 inches long with
yellow plastic handle marked as JL-10.
3. Further request furnish this office a copy of the result thereof for our
reference.
JUAN CRUZ DELA CRUZ

Tel. No. 67298947
MEMORANDUM

(Attn: C, Medico-Legal Division)
SUBJECT : Request for Autopsy
1. Request conduct autopsy on the cadaver of Princess Dela Merced, 12 years

old, Grade 6 pupil of Legarda Elementary School and a resident of 114 Legarda
Sampaloc, Manila.
a) PURPOSE: 1.To determine cause of death; and

2. To determine signs of rape.
b) NATURE OF CASE: Rape with Homicide
c) SUSPECT: Winston Viernez, 42 years old, male, single, jeepney driver and a
resident of the same address of the victim.
d) TDPO: November 21, 2023 at 10:05 AM, 114 Legarda Sampaloc, Manila.
2. Further request furnish this office a copy of the result thereof for our reference.
3. For consideration.
JUAN CRUZ DELA CRUZ

Police Lieutenant
19
Tel. No. 67298947
MEMORANDUM

(Attn: C, SOCO)
FROM : Investigator-On-Case
SUBJECT : Request for SOCO Assistance
1. Request for the availability of SOCO Team to process the crime scene located
at 114 Legarda Sampaloc, Manila.
NATURE OF CASE : Rape with Homicide
TIME AND DATE OF INCIDENT: At 10:05 AM of November 21, 2023.
2. This request is made with the assurance that the Duty Investigator/
Investigator-On-Case, being in-charge of the Crime Scene shall remain and provide all
the necessary security and support to the SOCO Team during the whole process until
after the crime scene is released.
3. Further request that this Office be furnished a copy of the list of evidence
gathered and the result of the examination conducted thereon.
4. For consideration and approval.
Gloria E Labandera
Police Senior Master Sergeant
20
Manila )s.s.
x- - - - - - - - - - - - - - - - - -x
AFFIDAVIT ON THE USE OF BODY WORN CAMERA AND

ALTERNATIVE RECORDING DEVICE
I, PEMS Cutie Pie Pabebe member of the Philippine National Police and
presently assigned at Sampaloc Police Station (PS-4), with office address at G. Tuazon
Street corner Algeciras Street Sampaloc Manila, after having been duly sworn to in
accordance with law, do hereby depose and states that:
1. I was assigned as Team leader and designated as follow-up operatives with a

broken tour of duty;
2. On November 21, 2023 at 10:30 AM, I was tasked to act as team leader to arrest
suspect, Winston Viernez in relation to Rape with Homicide Case of Princess Dela
Merced, which transpired at 10:05 AM, same date at 114 Legarda, Sampaloc,
Manila;
3. Based on the information provided by Aurelia Dela Merced (complainant) that her
live-in partner can be located at his brother’s residence at Alegeria Street corner
Ligaya Street, Sta. Mesa Manila, we immediately proceeded on board mobile
2023 with PSMS Gloria E Labandera, Investigator-on-case and members of the
arresting team namely PSSg Rolan Reyes, PCpl Jerome Lazaro, PCpl Jer Laza,
PCpl Jomer Zaro and PCpl Mero Lazaro-driver and accompanied by witness,
Marites Chicadora;
4. Upon arrival at Alegeria Street infront of 7/11 store, I activated the body worn
camera with serial number ABC12345 attached to my chest to start the recording
of the entire procedure. Witness, Marites Chicadora spotted the said suspect in
front of Mayaman Sari-sari Store wearing blue t-shirt and maong pants near his
brother’s residence;
5. I thereupon approached him and asked him if he is Winston Viernez which the
latter said yes;
6. There and then, we effected his arrest and informed him of the offense being
imputed upon him and apprised him of his constitutional rights as provided for
under the Miranda Doctrine in Tagalog known, understood and spoken by him. I
also informed him that the entire procedure is being recorded using a body worn
camera as required under AM No. 21-06-08-SC;
7. During the arrest, suspect peacefully submitted himself to the arresting team and
did not exhibit any untoward reaction; hence, the arrest was peacefully conducted;
8. Subsequently thereafter, we brought him at this station for disposition and

accompanied him at Ospital ng Maynila for the routine physical examination, and
thereafter brought him back to this unit for further proceedings.
9. Upon arrival at the station, I PEMS Cutie Pie Pabebe turned over the body-worn
camera to PSSg Rian Ramos, the designated Data Custodian, who then acquired
possession of the recordings;
10. Thereafter, PSSg Rian Ramos downloaded the video clips or data on a rewritable
CD in the presence of the suspect. After which, placed it in an envelope, sealed,
and signed by the undersigned and countersigned by the Data Custodian for safe
keeping;
21
11. In the process, neither I nor anybody else made any effort to tamper with or alter
the contents therein, and that the data stored was a true and faithful reproduction
of the procedures transpired during arrest;
12. I am executing this affidavit to attest to the truthfulness of the foregoing facts and
circumstances.
IN WITNESS HEREOF, I have hereunto set my signature this 22nd day of

PEMS Cutie Pie Pabebe

Affiant
SUBSCRIBED AND SWORN to before me to this 22nd day of November 2023,

Manila, Philippines. I further certify that he voluntarily and fully understood the contents
of this affidavit.
BENJAMIN JOKENO
22
Tel. No. 67298947
MEMORANDUM

(Attn: C, DIDMD)
SUBJECT : Investigation Report on Rape with Homicide in Relation to

Violation of RA 7610
I. AUTHORITY:
a. Result of SOCO examination issued by MPD Forensic Unit dated
November 21, 2023 signed by PLTCOL JUAN DELA GUARDIA, C,
SOCO;
b. Result of Fingerprint examination issued by MPD Forensic Unit dated
November 21, 2023 signed by PLTCOL JUAN TIU, C, Fingerprint
Division;
c. Result of Autopsy issued by MPD Forensic Unit dated November 21,
2023 signed by PLTCOL JUAN CHUI, C, Medico-Legal Division;
d. Result of DNA examination issued by MPD Forensic Unit dated
November 22, 2023 signed by PLTCOL JUAN VALDEZ, C, Forensic
Chemistry;
e. Joint Affidavit of Arrest dated November 21, 2023;
f. Affidavit of Witness dated November 21, 2023;
g. After Operation Report re Arrest of Winston Viernez for Rape with
Homicide dated November 21, 2023;
h. Spot Report re Alleged Rape with Homicide dated November 21, 2023;
and
i. Blotter Entry IDC-A2023-02 dated November 21, 2023 at 10:30 AM.
II. MATTERS INVESTIGATED:
To determine the facts and circumstances surrounding the death of

Princess Dela Merced and file appropriate charges against the suspect;
III. FACTS OF THE CASE:
On November 21, 2023, at 9:05 AM, a Rape with Homicide in

relation to Violation of RA 7610 transpired at No. 114 Legarda, Sampaloc,
Manila. The victim was identified as Princess Dela Merced, 12 years old,
grade 6 pupil at Legarda Elementary School, Legarda Manila while the suspect
is Winston Viernez, 42 years old, jeepney driver and a live-in partner of the
complainant;
23
Based on the statement of the witness, Marites Chicadora, while
on her way home, she saw Winston Viernez, rushing away from the crime
scene wearing white t-shirt stained with blood;
Information provided by the victim’s mother, Aurelia Dela Merced,

the suspect may be found in his brother’s residence located at Alegeria Street
corner Ligaya Street, Sta. Mesa Manila;
Acting on the information provided by the Witness Marites

Chicadora, a hot pursuit operation was conducted by the elements of this
station led by PEMS Cutiepie Pabebe together with PSSg Rolan Reyes, PCpl
Jerome Lazaro, PCpl Jer Laza, PCpl Jero Laro, PCpl Jomer Zaro, PCpl Mero
Lazaro with the witness onboard mobile 2023 equipped with body-worn
camera with serial number ABC12345;
Upon arrival at Alegeria Street in front of the 7/11 store at 10:50

AM, the body-worn camera attached to the chest of team leader, PEMS Cutie
Pie Pabebe was activated. Few meters away, witness saw a man wearing blue
T-shirt, maong pants, medium build with brown complexion. She whispered to
the team leader that he was the man we were looking for;
PEMS Cutie Pie Pabebe immediately approached the subject and

asked his name and the latter affirmed that he was Winston Viernez. There
and then, his arrest was effected and was handcuffed by PSSg Rolan Reyes;
PCpl Jer Laza together with PCpl Mero Lazaro, conducted thorough
body search while PCpl Jerome Lazaro recited to him his constitutional rights
as provided for under the Miranda Doctrine in Tagalog known, understood, and
spoken by him;
During the arrest, suspect voluntarily and peacefully surrendered to

the arresting team hence no untoward incident happened;
Pieces of evidence recovered from the crime scene were subjected

for laboratory examination at the Manila Police District Forensic Unit. An
autopsy was also subjected upon the victim;
I. DISCUSSION:
There can be no doubt that the information provided by the victim’s

mother, Aurelia Dela Merced, stating that the suspect had already attempted to
molest the victim but failed due to her strong intervention, and the account of
the witness, Marites Chicadora, who saw Winston Viernez rushing from the
crime scene wearing white T-shirt stained with blood on the lower part, is a
personal and reliable account of the suspect's intention and eventual
participation in the commission of the offense. Witnesses’ testimonies should
be construed as personal knowledge of the crime. In a plethora of cases
decided by the highest court, personal account of what actually transpired as
observed by the witness, is given greater weight and strong evidentiary value;
Notably, results of the various examinations conducted by the Manila

Police District Forensic Unit strongly supports the fact that indeed, it was the
suspect who perpetrated the crime. The autopsy revealed that the victim was
positively raped and this circumstantial evidence points to the direct
participation of the suspect in the commission of the crime. It can be implied
that considering that the victim is only 12 years old compared to a 42 year old
man with a muscular built, the forceful insertion of his penis into the victim’s
genitals might have caused laceration and severe bleeding. This also conforms
24
with the result of the DNA examination issued by the MPD Forensic Unit, which
indicated the presence of the suspect’s DNA in the seminal fluid recovered from
the victim’s vagina. Consistently, the result of the autopsy issued by the MPD
Forensic Unit indicates that the cause of death was due to loss of blood.
Further, the result of the fingerprint examination matches the suspect’s
fingerprint, which revealed his presence at the crime scene. The presence of a
kitchen knife with yellow plastic handle (10 inches in length) with markings
JL-10 recovered from the crime scene points to the fact that it was the weapon
he used in stabbing the victim on her lower abdomen to prevent the latter from
testifying against him hence conceal his crime;
II. CONCLUSION:
Based on the foregoing, it is concluded that there exists a probable cause to

indict suspect Winston Viernez for the crime of Rape with Homicide in relation to
Violation of RA 7610;
III. RECOMMENDATION:
Wherefore, premises considered, it is recommended that a criminal complaint

for Rape with Homicide in relation to Violation of RA 7610 be referred to the Office of
the City Prosecutor, Manila against Winston Viernez.
Prepared by:
PSMS Gloria E Labandera

Investigator-on-Case
Noted by:
JUAN CRUZ DELA CRUZ

25
Tel. No. 67298947
November 23, 2023
The Honorable City Prosecutor

Office of the City Prosecutor Manila
Manila
(Attn: Duty Inquest Prosecutor)
Sir/Madame:
I have the honor to refer to you a case for the crime of Rape with Homicide in
relation to Violation of RA 7610 for INQUEST proceedings wherein the persons involved
are:
SUSPECT: WINSTON VIERNEZ, 42 years old, jeepney driver and resident of 114
Legarda, Sampaloc, Manila. (Under Custody)
COMPLAINANT: AURELIA DELA MERCED, 50 years old, widow, fish vendor,

mother of the victim and live-in partner of the suspect, residing at the same
address.
VICTIM: PRINCESS DELA MERCED, 12 years old, Grade 6 pupil at Legarda

Elementary School, Legarda Manila.
WITNESS: MARITES CHICADORA, 40 years old, married, street vendor and a

resident of No. 115 Legarda, Sampaloc, Manila.
ARRESTING OFFICERS: PSSg Rolan Reyes, PCpl Jerome Lazaro, PCpl Jer
Laza, PCpl Jero Laro, PCpl Jomer Zaro and PCpl Mero Lazaro personnel of
Sampaloc Manila Police Station (PS-4).
ENCLOSURES:
a. Case Referral and Investigation Report

b. Spot Report
c. Joint Affidavit of the Arresting Officers
d. After Operation Report
e. Pieces of Evidence Recovered
1) Ten (10) inches kitchen knife with yellow plastic handle stained
with blood;
2) One (1) set red and white school uniform;
3) One (1) piece soen small yellow panty;
4) One (1) piece pink baby bra;
5) One (1) piece cigarrette butt;
6) One (1) piece red lighter; and
7) Scattered bloodstains.
f. Sworn Statements of Complainant and Witness
g. Request for Medical Examination of the Victim and Autopsy
h. Request for DNA Examination
i. Medical Certificate of Suspect
j. Booking Sheet and Information of the Suspect
k. And others to be presented later.
26
DATE, TIME AND PLACE OF OCCURRENCE: On November 21, 2023 at 9:05
AM at No. 114 Legarda, Sampaloc, Manila.
FACTS OF THE CASE:
Investigation disclosed at 10:05 AM on November 21, 2023 at 114 Legarda,

Sampaloc, Manila, a dead victim, naked and bloodied, with lacerated wound in her
vagina and stab wound on the lower part of her abdomen was found by the complainant
inside the victim’s room of their residence. A ten-inch-long kitchen knife with yellow
plastic handle stained with suspected blood was recovered from the crime scene.
The witness reported that at 9:05 AM, she saw Winston Viernez, 42 years old,
jeepney driver, rushing from the crime scene wearing white T-shirt stained with blood few
minutes prior to the discovery of the victim. Subsequently, the suspect was apprehended
in a hot pursuit operation conducted by the follow-up operatives from this station at
around 11:00 AM in front of Mayaman Sari-sari Store at Alegeria Street corner Ligaya
Street, Sta. Mesa Manila and he was then brought to this unit for disposition and later to
Ospital ng Maynila for physical examination.
During the custodial investigation, the suspect was apprised of his constitutional
rights in Tagalog, which he fully understood, known and spoken but opted to remain
silent;
This case will be represented by PSMS GLORIA LABANDERA Investigator-on-

Case.
Very truly yours,
JUAN CRUZ DELA CRUZ

Station Commander
27
Tel. No. 67298947
MEMORANDUM

(Attn: C, DOD; C, DIDMD, C, DW)
SUBJECT : Progress Report on Rape with Homicide in Relation to Violation

of RA 7610
1. References:
a. Investigation Report on Rape with Homicide in relation to Violation of RA
7610
b. Result of SOCO examination issued by MPD Forensic Unit dated
November 21, 2023 signed by PLTCOL JUAN DELA GUARDIA, C, SOCO;
c. Result of Fingerprint examination issued by MPD Forensic Unit dated
November 21, 2023 signed by PLTCOL JUAN TIU, C, Fingerprint Division;
d. Result of Autopsy issued by MPD Forensic Unit dated November 21, 2023
signed by PLTCOL JUAN CHUI, C, Medico-Legal Division;
e. Result of DNA examination issued by MPD Forensic Unit dated November
22, 2023 signed by PLTCOL JUAN VALDEZ, C, Forensic Chemistry;
f. Joint Affidavit of Arrest dated November 21, 2023;
g. Affidavit of Witness dated November 21, 2023;
h. After Operation Report re Arrest of Winston Viernez for Rape with Homicide
i. Spot Report re Alleged Rape with Homicide dated November 21, 2023; and
j. Blotter Entry IDC-A2023-02 dated November 21, 2023 at 10:30 AM.
2. This pertains to a Rape with Homicide case in relation to Violation of RA 7610

transpired on November 21, 2023, on or about 9:00 AM at No. 114 Legarda, Sampaloc,
Manila, wherein victim, Princess Dela Merced, 12 years old, Grade 6 Pupil of Legarda
Elementary School, Legarda, Manila, was raped and killed by means of stabbing her
right lower abdomen by the suspect Winston Viernez, 42 years old, jeepney driver, live-in
partner of the victim’s mother Aurelia Dela Merced residing at the same address.
3. On November 23, 2023, a criminal complaint for Rape with Homicide in

relation to Violation of RA 7610 was referred before the Office of the City Prosecutor of
Manila against Winston Viernez for inquest docketed under NPS No. 112323.
4. Final Report to follow.
JUAN CRUZ DELA CRUZ

28
Tel. No. 67298947
MEMORANDUM
(Attn: C, DOD; C, DIDMD, C, DWCPD)
SUBJECT : Final Report re Rape with Homicide in relation to Violation of RA

7610
DATE : December 24, 2023
1. References:
a. Progress Report on Rape with Homicide in Relation to Violation of RA 7610
b. Investigation Report on Rape with Homicide in relation to Violation of RA
7610 dated November 22, 2023;
c. Result of SOCO examination issued by MPD Forensic Unit dated
November 21, 2023 signed by PLTCOL JUAN DELA GUARDIA, C, SOCO;
d. Result of Fingerprint examination issued by MPD Forensic Unit dated
November 21, 2023 signed by PLTCOL JUAN TIU, C, Fingerprint Division;
e. Result of Autopsy issued by MPD Forensic Unit dated November 21, 2023
signed by PLTCOL JUAN CHUI, C, Medico-Legal Division;
f. Result of DNA examination issued by MPD Forensic Unit dated November
22, 2023 signed by PLTCOL JUAN VALDEZ, C, Forensic Chemistry;
g. Joint Affidavit of Arrest dated November 21, 2023;
h. Affidavit of Witness dated November 21, 2023;
i. After Operation Report re Arrest of Winston Viernez for Rape with Homicide
j. Spot Report re Alleged Rape with Homicide dated November 21, 2023; and
k. Blotter Entry IDC-A2023-02 dated November 21, 2023 at 10:30 AM.
2. In relation to a criminal case for Rape with Homicide in relation to Violation of

RA 7610 transpired on November 21, 2023 at Legarda, Sampaloc, Manila against
Winston Viernez, a criminal information was filed by the Office of the City Prosecutor-
Manila before the Regional Trial Court Branch 22 with Honorable Nicolas C Balagtas,
Presiding Judge docketed CC No. 23096 with no bail recommended.
3. On December 21, 2023, accused was committed at Manila City Jail by virtue of
a commitment order issued by Honorable Nicolas C Balagtas, Presiding Judge, Regional
Trial Court Branch 22, Manila.
4. For reference.
JUAN CRUZ DELA CRUZ

29
REGIONAL TRIAL COURT
National Capital Judicial Region
BRANCH 22
Manila City
Email Address: rtcmnl22@judiciary.gov.ph
Contact Number: +6386597972/+639532294311
PEOPLE OF THE PHILIPPINES,
-versus- Criminal Case No. 23096
WINSTON VIERNEZ Rape with Homicide in Relation

Accused to Violation of RA 7610
x-----------------------------------------x
COMMITMENT ORDER
TO: THE CITY JAIL WARDEN

Manila City Jail, BJMP
Brgy. 310 District 3, Quezon Blvd.,
Sta. Cruz, Manila
Greetings:
In view of the arrest of the accused, I hereby commit to you the living body of
WINSTON VIERNEZ accused in the above-entitled cases to be kept in your custody as
detention prisoner by the virtue of the Order of this Honorable Court for further detention
thereat.
You are to ENSURE the appearance of said accused whenever required by the
Court.
The arraignment and pre-trial is set on January 24, 2024 at 10:00 AM, which is the
earliest available in the Court’s Calendar.
DONE this 21st day of December 2023 at Manila, Philippines.
HON. NICOLAS C. BALAGTAS

Presiding Judge
----------------------------------------------------------------------------------------------------------------
CRIMINAL CASE NO. 23096
There has been received is this prison the living body of WINSTON VIERNEZ is
Regional Trial Court, Branch 22, Manila.
30

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Republic of the Philippines

NATIONAL POLICE COMMISSION

Blotter Date/Time Incident/Event Disposition

IDC- November On this time and date, Ms A team headed by

Recorded by: PCpl James Alcantara

FOR : District Director, MPD

FROM : Station Commander

SUBJECT : Spot Report re Alleged Rape with Homicide

DATE : November 21, 2023

1. Reference: Telephone call from Aurelia Dela Merced on November 21,

3. Upon receipt of the information thereof, personnel of this station headed by

5. Pieces of evidence recovered from the crime scene are as follows:

8. Personnel of this station conducted hot pursuit operation for possible

9. Progress report to follow;

10. Investigator-on-Case: PSMS Gloria E Labandera with contact number

JUAN CRUZ DELA CRUZ

FOR : District Director, MPD

FROM : Station Commander

SUBJECT : After Operation Report on Rape with Homicide in Relation to

DATE : November 22, 2023

III. AREA OF OPERATION

Within the jurisdiction of Legarda, Sampaloc, Manila and Sta Mesa,

IV. PERIOD OF OPERATION

From 10:30 AM November 21, 2023 to 10:30 AM November 22, 2023.

PEMS Cutie Pie Pabebe- Team Leader

VI. CHRONOLOGICAL EVENTS

1. On November 21, 2023 at 10:05 AM, an alleged rape with homicide

4. Thereupon, the arresting team headed by PEMS Cutie Pie Pabebe

5. Further, he was also informed that the entire procedure is being

VII. RESULT OF OPERATION

VIII. ACTION TAKEN

A criminal complaint for Rape with Homicide in relation to Violation of

JUAN CRUZ DELA CRUZ

JOINT AFFIDAVIT OF ARREST

2. Upon receipt of the instruction, we proceeded at the above stated address

3. Based on the information provided by the victim’s mother, Aurelia Dela

4. Thereupon the team immediately proceeded at said location and upon

10. Subsequently thereafter, suspect was brought at PS4 Sampaloc Police

IN WITNESS WHEREOF, we have hereunto affix our signatures this 22 nd day

PSSg Rolan Reyes PCpl Jerome Lazaro

PCpl Jer Laza PCpl Jero Laro

PCpl Jomer Zaro PCpl Mero Lazaro

I, Marites Chicadora, 40 years old, married, street vendor and a resident of

3. An hour after, I heard my neighbor Aurelia Dela Merced, shouting and

4. During the conduct of the investigation, I approached the investigator and

5. I am executing this affidavit to attest to the truthfulness of the foregoing

IN WITNESS WHEREOF, I have hereunto affix my signature this 22nd day of

SUBSCRIBED AND SWORN to before me this 22nd day of November 2023,

Republic of the Philippines)

AFFIDAVIT OF THE INVESTIGATOR

I, PSMS Gloria Labandera, of legal age, bonafide member of the Philippine

5. Victim’s mother further averred that some time on July 2023,

6. In the conduct of investigation, the following pieces of evidence

7. Further, as the Investigator-on-case, I have caused the preparation of the

8. As Investigator-on-case, undersigned made sure that answers given by

9. I am executing this affidavit to attest to the truthfulness of the forgoing

IN WITNESS WHEREOF, I have hereunto set my hand this 22 nd day of

PSMS Gloria Labandera

I, Aurelia Dela Merced, 50-year-old, widow, fish vendor, residing at 114

1. I am the mother of Princess Dela Merced (deceased), 12 years old, Grade

3. Based on the statement of our neighbor, Marites Chicadora, she saw my

4. I immediately called the station to inform the incident where an

5. I am executing this affidavit to charge Winston Viernez for the crime of