Republic of the Philippines

National Prosecution Service

OFFICE OF THE PROVINCIAL PROSECUTOR
San Pedro City

RIZA A. MALATE
Complainant

-versus- IS No. 123456

MURDER

DINO Q, DELA CRUZ

Respondent.
x-------------------------------x

COMPLAINT-AFFIDAVIT

I, RIZA A. MALATE, 35 years old, married, and a resident of Block 30,

Lot 11, rose st. Brgy. Nueva, San Pedro, Laguna after having been duly
sworn to in accordance with law, hereby deposes and says THAT:

1.I am the mother of Rhyzza Mae A. Malate, 12 years old, enrolled as a

Grade Six Pupil at Liceo Del Verbo Divino,san Pedro City. A machine
copy of the birth certificate of Rhyzza Mae A. Malate is hereunto attached
and made as an integral part hereof as Annex “A”;

2.Last July 1, 2013, on or about 9:30 P.M., my daughter Rhyzza

Mae A. Malate with her cousin Angelyn A. Gonzaga, asked for my
permission to attend the funeral of their grandmother, the late
Ruby Azucena.

3.Because of the assurance of Angelyn that she will be looking and taking
care of Rhyzza Mae, I allowed them to go ahead of me as I was also
planning of going there and that the place of the wake was only a few
houses away. While I was on my way to the wake, I heard a commotion at
a near distance, which was followed by shouting and crying so I hurriedly
went to the place. Upon my arrival, I saw my daughter lying in the
ground, bathe in her own blood, with Angelyn hoarsely shouting and
crying for help. Trembling and lost for words, I asked Angelyn who was
the culprit of the crime which she answered without hesitation as one
named Dino Q. dela Cruz. I asked her where Dino is and she replied, he
has already fled auntie. Crying for help, I asked and begged the people
around us to help me bring my daughter to the nearest hospital.

4.Upon arrival at the San Pedro City Hospital, Dr. Pia Gomez,
immediately attended my daughter and after a thorough examination,
declared her dead on arrival. The medico-legal autopsy report of Rhyzza
Mae A. Malate is hereunto attached and made an integral part of
the complaint as Annex “B”, respectively;
5. While at the hospital, I inquired Angelyn if the said Dino Q. dela Cruz
was the same Dino Q. dela Cruz who is our neighbor and who came to
our house earlier that day to borrow money from me which she positively
identified as the same person. The sworn statement of Angelyn A.
Gonzaga is hereunto attached and made an integral part of this
complaint as Annex “C”;

6. I denied the request of said Dino Q. dela Cruz because of his notorious
character in our neighborhood as a drunkard, gambler and without a
permanent job and that after the said refusal to lend money, he mumbled
and uttered to me that I would surely regret my decision which statement
I took for granted.

7. I immediately reported the stabbing incident on or about 12:00 o’clock

midnight at the San Pedro Police Station which is the nearest police
station. The original copy of the excerpt of the police blotter duly issued
by Senior Police Inspector Virgilio Lentejas III of San Pedro Police
Station is hereunto attached and made as an integral part hereof as Annex
“D” of the complaint;

8. I am therefore executing this affidavit freely and voluntarily in support

of my intent to file a case for MURDER and or the appropriate criminal
case against Dino Q. dela Cruz, who is 30 years of age and a resident of
Block 30, Lot 11, rose st. Brgy. Nueva, San Pedro, Laguna.

IN WITNESS WHEREOF, I have hereunto set my hand this 2nd day of

July, 2013 at San Pedro City, Philippines.

RIZA A. MALATE
Affiant

SUBSCRIBED AND SWORN to before me this 2nd day of July 2013 at

San Pedro City, Philippines and I FURTHER CERTIFY that I have
personally examined the affiant and I am satisfied that he/she has read and
personally understood the contents of her foregoing “Complaint-
Affidavit”.

HAROLD B. LACABA
Prosecutor II
 Republic of the Philippines
National Prosecution Service
OFFICE OF THE PROVINCIAL PROSECUTOR
San Pedro City

RIZA A MALATE
Complainant
-versus- IS No. 123456
FOR MURDER
DINO DELA CRUZ
Respondent.
x-------------------------------x

COUNTER AFFIDAVIT

I, DINO DELA CRUZ, 30 years old, married, and a resident Of Block

30, Lot 19, rose st. Brgy. Nueva, San Pedro, City, after having been duly
sworn to in accordance with law, hereby deposes and says THAT:

1.I am the respondent in Criminal Case NPS DOCKET NO: V-08 INQ-
15B-09999 for the crime of Murder under Article 248 of the
Revised Penal Code;

2.I am executing this Counter-Affidavit as a reply and comment

to the Complaint Affidavit of RIZA A. MALATE and Affidavit
of Witnesses, Angelyn A. Gonzaga , who are under investigation by
this Honorable Office in connection with the death of Rhyzza Mae
Malate after being stab on July 1, 2013.

3.On July 1, 2013 8:00 P.M., I was in rose St., San Pedro City, and I
was at the store owned by one of the prosecution witness,
Angelyn A. Gonzaga, drinking a softdrink;

4.Also in the store were Rhyzza Mae Malate having a drinking

session. I was invited by Rhyzza Mae Malate to join them but I
declined because I was already tired and I need to rest at home.

5. After drinking the soft drink I got up and walked towards the vicinity
of rose St. when I heard a shouting. Fearing for my life I ran
towards the Gov. Forbes St. and towards my residence for safety;

6.I learned later that it was Rhyzza Mae Malate who was the
person who was stab and killed during that stab incident when
my wife told me about it when she got home from the
marketplace at around 8:40 pm on that same day;

7.It is true that I borrow some money to Riza Malate to buy of my needs
and she refused.

9.Although me and RIZA had an argument during the that time,

I never said that I would kill the victim and besides the cause
of the argument was not of such nature as to make me kill him;
10.I deny having stab and killed Tito D. Ponto.

WHEREFORE, premises considered, it is respectfully prayed

that the instant criminal complaint be DISMISSED for lack of merit.
Further, the respondents respectfully pray for such and other
reliefs as may be deemed just and equitable in the
premises.

IN WITNESS WHEREOF, I have hereunto set my hand

this 6th day of July , 2013 at San pedro City, Philippines.

DINO DELA CRUZ

Affiant

SUBSCRIBED AND SWORN to before me this

6th day of July 2013 at San Pedro City, Philippines and I
FURTHER CERTIFY that I have personally examined the affiant
and I am satisfied that she has read and personally understood the
contents of herforegoing “Complaint-Affidavit”.

RIKO D. TALIBA
Assistance City Prosecutor
 Republic of the Philippines
National Prosecution Service
OFFICE OF THE PROVINCIAL PROSECUTOR
San Pedro City

RIZA A MALATE
Complainant

-versus- IS No. 123456

FOR MURDER

DINO DELA CRUZ

Respondent.
x-------------------------------x

INFORMATION

The undersigned, accuses DINO DELA CRUZ of the crime of MURDER,

committed as follows, to wit:
That on or about July 1 2013, at about 9:40 (a.m./p.m.), in the
City/Municipality of San Pedro, Province of Laguna and within the
jurisdiction of this Honorable Court, the said accused, with evident intent
to kill, did the and there willfully, unlawfully, feloniously, suddenly,
unexpectedly, and treacherously, assault, attack and wound from behind
with the use of a bolo, rendering him unconscious, and continued to inflict
mortal wounds on the said statement while the latter was already
unconscious and unable to defend himself, causing his instantaneous
death.

Contrary to law.
ATTY. HAROLD B. LACABA
PROSECUTOR
Witness/es:
Angelyn A. Gonzaga
 NPS Investigation Form No. 01 s.2008
Republic of the Philippines Department of Justice
NATIONAL PROSECUTION SERVICE
OFFICE OF THE PROVINCIAL PROSECUTOR OF LAGUNA
Hall of Justice, San Pedro City

INVESTIGATION DATA FORM

To be accomplished by Office:

DATE RECEIVED: NPS DOCKET NO.:

(stamped and initialed):___________________ ____________________________
Time Received: _________________________ Assigned to: __________________
Receiving Staff: ________________________ Date Assigned:_______________

To be accomplished by complainant/counsel/law enforce:

(Use back portion if space is not sufficient)

COMPLAINANT/s: Name, RESPONDENT/s: Name,

Sex, Age & Address Sex, Age, & Address
1.RIZA A MALATE, female, 35 years old, 1.DINO DELA CRUZ
Block 30, Lot 11, rose st. Brgy. Nueva, male,30 years old,
San Pedro Laguna Block 30, Lot 19, rose st.
Brgy. Nueva, San Pedro
laguna

OFFENSE/s COMMITED / WITNESS/es: Name

LAW/s VIOLATION: & Address
FOR MUDER Angelyn Gonzaga B-30 L-67
rose st. brgy Nueva San
pedro Laguna

DATE & TIME PLACE of COMMISION:

of COMMISION:

July 1, 2013 on or about 09:40 PM rose St. Brgy. Nueva San

Pedro Laguna

1.Has a similar complaint been filed before any other office?

* YES ___NO __x__
2. Is this complaint in the nature of a counter-charge?
* YES ___ NO __x__ If yes, indicate details below:
3. Is this complaint related to another case before this office?
* YES ___ NO __x__ If yes, indicate details below:

I.S. / NPS Docket No.: 123456

Atty. Harold b. Lacaba

Handing Prosecutor
 C E R T I F I C A T I O N*

I CERTIFY, u n d e r o a t h , a l l t h e i n f o r ma t i o n o n t h i s s h e e t
a r e t r u e a n d c o r r e c t t o t h e b e s t o f myknowledge 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 five (5) days
from knowledgethereof.

(Signature over printed name)

SUBCRIBED AND SWORN TO before me this 11th day of June ,2010, in City
of San Pedro

Administering Prosecutor /
Office

*1, 2, 3, and CERTIFICATION need not to be accomplished for inquest

cases
DATE and HOUR AUTOPSY Assistant:
PERFORMED: Victoria Wilson, M.D.
6/5/2013; 8:30 A.M. by
Full Autopsy Performed
Dr.Pia Gomez, M.D.
555 Jackson Avenue
Oxford, MS 38655
662-234-XXXX (FAX 662-234-XXXX)
SUMMARY REPORT OF AUTOPSY
Name: Coroner's Case #:
2013-277
MALATE Rhyzza Mae
Date of Birth: Age:
3/23/78 12
Race: Sex:
White Female
Date of Death: Body Identified by:
6/01/2013 RIZA MALATE, Mother of the deceased
Case # Investigative Agency:
001294-23E-2004 San Pedro Police Station
EVIDENCE OF TREATMENT:

N/A

EXTERNAL EXAMINATION:

The autopsy is begun at 8:30 A.M. on July 1,2013. The

body is presented in a black body bag. The victim is
wearing a white sleeveless turtleneck shirt and navy
blue sweatpants. Jewelry included two smooth-textured
silver hoop pierced earrings, 1-inch diameter, one in
each ear, and one 1-inch wide silver expandable
wristband on left wrist. A 1.5-inch wide tan belt with
green stripes is cinched around the upper neck using
the buckle. The opposite end of the belt is tied in a
half-hitch knot, which was used to affix it to the
crossbar in the closet where the body was found.

The body is that of a normally developed white female

measuring 67 inches and weighing 118 pounds, and appearing generally consistent with the stated age
of twenty-six years. The body is cold and unembalmed. Lividity is fixed in the distal portions of
the limbs. The eyes are open. The irises are brown and corneas are cloudy. Petechial hemorrhaging
is present in the conjuctival surfaces of the eyes. The pupils measure 0.3 cm. The hair is dark
blonde with lighter blonde highlights, wavy, layered and approximately 11 inches in length at the
longest point.

Removal of the belt revealed a ligature mark (known throughout this report as Ligature A) on the
neck below the mandible. Ligature A is approximately 1.5 inches wide and encircles the neck in the
form of a "V" on the anterior of the neck and an inverted "V" on the posterior of the neck,
consistent with hanging. Minor abrasions are present in the area of Ligature A. Lack of hemorrhage
surrounding Ligature A indicates this injury to be post-mortem.

Upon removal of the victim’s clothing, an odor of bleach was detected. Areas of the body were
swabbed and submitted for detection of hypochlorite. Following removal of the shirt, a second
ligature mark (known throughout this report as Ligature B) was observed on the victim’s neck. The
mark is dark red ligature and encircles the neck, crossing the anterior midline of the neck just
below the laryngeal promience. The width of the mark varies between 0.8 and 1cm and is horizontal
in orientation. The skin of the anterior neck above and below the ligature mark shows petechial
hemorrhaging. Ligature B is not consistent with the belt that caused Ligature A. The absence of
abrasions associated with Ligature B, along with the variations in the width of the ligature mark,
are consistent with a soft ligature, such as a length of fabric. No trace evidence was recovered
from Ligature B that might assist in identification of the ligature used.

The genitalia are that of an adult female and there is no evidence of injury. Pubic hair has been
shaved in its entirety within six hours of death. Limbs are equal, symmetrically developed and show
no evidence of injury. The fingernails are medium length and fingernail beds are blue. There are no
residual scars, markings or tattoos.

INTERNAL EXAMINATION:

HEAD--CENTRAL NERVOUS SYSTEM: Subsequent autopsy shows a broken hyoid bone. Hemorrhaging from
Ligature B penetrates the skin and subdermal tissues of the neck. The brain weighs 1,303 grams and
within normal limits.

SKELETAL SYSTEM: The hyoid bone is fractured.

RESPIRATORY SYSTEM--THROAT STRUCTURES: The oral cavity shows no lesions. Petechial hemorrhaging is
present in the mucosa of the lips and the interior of the mouth. Otherwise, the mucosa is intact
and there are no injuries to the lips, teeth or gums.

There is no obstruction of the airway. The mucosa of the epiglottis, glottis, piriform sinuses,
trachea and major bronchi are anatomic. No injuries are seen and there are no mucosal lesions. The
hyoid bone, the thyroid, and the cricoid cartilages are fractured.

The lungs weigh: right, 355 grams; left 362 grams. The lungs are unremarkable.

CARDIOVASCULAR SYSTEM: The heart weighs 253 grams, and has a normal size and configuration. No
evidence of atherosclerosis is present.

GASTROINTESTINAL SYSTEM: The mucosa and wall of the esophagus are intact and gray-pink, without
lesions or injuries. The gastric mucosa is intact and pink without injury. Approximately 125 ml of
partially digested semisolid food is found in the stomach. The mucosa of the duodenum, jejunum,
ileum, colon and rectum are intact.

URINARY SYSTEM: The kidneys weigh: left, 115 grams; right, 113 grams. The kidneys are anatomic in
size, shape and location and are without lesions.

FEMALE GENITAL SYSTEM: The structures are within normal limits. Examination of the pelvic area
indicates the victim had not given birth and was not pregnant at the time of death. There is
evidence of recent sexual activity but no indications that the sexual contact was forcible. Vaginal
fluid samples are removed for analysis.

TOXICOLOGY: Sample of right pleural blood and bile are submitted for toxicologic analysis. Stomach
contents are saved.

SEROLOGY: A sample of right pleural blood is submitted in the EDTA tube. Routine toxicologic
studies were ordered.

LABORATORY DATA

Cerebrospinal fluid culture and sensitivity:

Gram stain: Unremarkable

Culture: No growth after 72 hours

Cerebrospinal fluid bacterial antigens:

Hemophilus influenza B: Negative

Streptococcus pneumoniae: Negative
N. Meningitidis: Negative
Neiserria meningitidis B/E. Coli K1: Negative

Drug Screen Results:

Urine screen {Immunoassay} was NEGATIVE.

Ethanol: 0 gm/dl, Blood (Heart)
Ethanol: 0 gm/dl, Vitreous

Millicent Schmid, Ph.D.

Chief Toxicologist
May 25, 2004

EVIDENCE COLLECTED:

1. One (1) white turtleneck sleeveless shirt, size Small.

2. One (1) pair navy blue sweatpants, size Small.

3. Two (2) silver hoop earrings.

4. One (1) silver bracelet.

5. Samples of Blood (type O+), Bile, and Tissue (heart, lung, brain, kidney, liver, spleen).

6. Fifteen (15) swabs from various body locations, to be tested for presence of hypochlorite.

7. Eleven (11) autopsy photographs.

8. One postmortem CT scan.

9. One postmortem MRI.

OPINION

Time of Death: Body temperature, rigor and livor mortis, and stomach contents approximate the time
of death between 9:30 and 10:30 P.M. on 6/2/2013.

Immediate Cause of Death: insufficient blood

Manner of Death: MURDER

Remarks: Decedent originally presented to this office as suicide victim. Presence of the post-
mortem ligature mark suggests that suicide in this case is highly improbable. YCSD detectives were
notified of this finding immediately upon conclusion of examination.
ANNEX A
 Republic of the Philippines
National Prosecution Service
OFFICE OF THE PROVINCIAL PROSECUTOR
San Pedro City

REPUBLIC OF THE PHILIPPINES……...) s. s.

CITYOF SAN PEDRO………………..)

SWORN STATEMENT

Ako, si Angelyn Gonzaga, nasa hustong gulang, dalaga at kasalukuyang

naninirahan sa blk.30 lot 67 rose st. brgy. Nueva San Pedro Laguna
matapos makapanumpa ng sang-ayon sa batas ay nagpapatunay at
nagpapatibay na :

1. Na noong ika-1 ng hulyo taong 2013, ako’y pumunta sa bahay ng

aking kaibigan na si Rhyzza Mae Malate, upang ipagpaalam siya sa
kanyang nanay na si Riza Malate. Na makipaglibing sa aking lola
sa aming tahanan.

2. Nang pumayag na ang nanay niya ay agad kaming umalis at

dumaan muna kami sa aming tindahan upang uminom ng softdrinks
na sakto dumating si dino dela cruz na galing sa trabaho at bumili
din ng maiinom habang nakikipagkwentuhan kay rhyzza mae.

3. Nang tumalikod ng saglit sin rhyzza mae ay hinugot ni mang dino

ang kutsilyo mula sa kanyang bag at agad niyang sinaksak si rhyzza
mae at kaagad tumakbo papalayo sa pinangyarihan.

4. Pagkatapos ng nangyari ay biglang natumba si rhyzza mae sa

kalsada at naliligo ng dugo .nagulat ako at sumigaw na humihingi
ng tulong kaagad naman dumating ang kanyang nanay.

5. Upang dalhin sa malapit na ospital at si mang dino naman ay

tumakbo papalayo .at Nakita kung tinapon niya ang kutsilyo sa
gilid ng aming tindahan.

SA KATUNAYAN NG LAHAT ng ito, a k o a y l u ma g d a n g a y o n g

ika- 3 ng Hulyo 2013 dito sa bayan ng san
P e d r o , Lalawigan ng Laguna.

Angelyn Gonzaga

Nagsasalaysay
SINUMPAAN AT NILAGDAAN SA HARAP ko ngayong ika- 3 ng
Hulyo 2013 dito sa bayan ng San pedro, Lalawigan ng Laguna.

Administering Officer