Republic of the Philippines

Department of Justice
Office of the City Prosecutor
Hall of Justice, Davao City

People of the Philippines, I.S. No. 7775334

Complainant

-versus- For: Murder

LEO B. ESCALANTE Jr.,
Respondent.
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COMPLAINT-AFFIDAVIT

I, JOHN WICK an Investigating Prosecutor, have good reason to believe

that, Leo B. Escalante, who is hereafter called “Defendant”, on or about the 11 th
day of January, 2020, and before the making and filing of this complaint, in the
City of Davao, did unlawfully commit the offense of Murder, to wit, did then and
there intentionally and knowingly cause the death of , “Cardo Dalisay” by the
Defendant contrary to the Aricle 248 of the Revised Penal Code.

Affiant has learned the following facts:

1. I JOHN WICK and I am a commissioned Investigating Prosecutor in Davao
City, since May 2001. I am employed by the City of Davao Prosecutors
Office.

2. January 11th 2020, at approximately 12:00 midnight the Police Department

responded to a medical call involving a stabbing incident at Dizon
Subdivision located within the City of Davao.

3. During the interview on January 15, 2020 I conducted to witness Chris

Bosh, a copy of the Sworn Statement is hereto attached as “Annex A”, Leo
B. Escalante a resident of 76 Dizon Subdivision Davao City, is charged of
murder and committed as follows:

a. At about 6:00 pm of January 11, 2020, Chris Bosh and his friends
were having a drinking spree in celebration of Chris’s birthday.

b. At about 8:00pm Donald arrived with Leo. The latter joined Chris and
his friends in their drinking and merrymaking. After sometime, a
commotion ensued when Leo created trouble and challenged Cardo
Dalisay to a duel. Chris’s mother tried to calm, When she failed,
Donald intervened and succeeded in bringing Leo home.

c. At about 11:00 pm, Chris and his friends agreed to call it a night.
Chris told his parents that he, along with Bacayo and Dela Serna
would accompany Dalisay to their house.
 d. As they were passing by the house of Leo, the latter sneaked from
behind Dalisay and stabbed him at the back. Dela Serna tried to
restrain the appellant, but the latter stabbed him on the right arm.

e. Leo continued to stabbed Dalisay as Chris and Bacayo ran to the

Bantay Bayan Office for help.

f. When they met Donald on the way, they informed him of the stabbing
incident

g. Donald, together with some barangay tanods, proceeded to the place

of the incident to conduct an investigation. On their way, Donald saw
Dela Serna who was then fleeing to their house and notice the wound
on the latter’s right arm. Dela Serna told Donald that he and Dalisay
were stabbed by Leo. Donald then rushed to the house of Leo, and
saw the bloddied body of Dalisay lying by the roadside.

4. Dr. Who , Medico-Legal Officer of the National Bureau of investigation,

performed an autopsy on the cadaver of Dalisay and signed his Autopsy
report, attested that indeed Dalisay cause of death was due to the several
stabbed wounds one of which was from his back. A copy of the Postmortem
Findings is hereto attached as “Annex B”;

5. Based on the foregoing, it is beyond cavil that respondent Leo B. Escalante

committed the crime of Murder, qualified by treachery under Article 248 of
the Revised Penal Code. There is treachery in the commission of the crime
when (a) at the time to attack, the victim was not in a position to defend
himself; (b) the offender consciously and deliberately adopted the particular
mean, method and form of attack employed by him.

IN WITNESS WHEREOF, I have affixed my signature this 14 th day of

March 2020 in Davao City, Philippines.

(SGD)JOHN WICK
Affiant
TIN 345-442-335

SUBSCRIBED AND SWORN to before me in the City of Davao this 14 th

day of March 2020. I hereby certify that I have personally examined the above
named affiant and that I am the foregoing statements were given by her voluntarily
and of her own free will.

ATTY. ERICK JAY N. INOK

Investigating Prosecutor