COMPLAINT-AFFIDAVIT MUrder.docx

Republic of the Philippines City of Tacloban

s.s.

AFFIDAVIT-COMPLAINT

I, RIZA A. MALATE, 35 years old, married, and a resident of Block 30, Lot 11, New York Street, Phase 4, V&G Subdivision Tacloban City, 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, Tacloban 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 1|Page

she replied, “dumalagan na tita” ( 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 which was responded to with haste by Alan Burt Altar and other relatives who were around. The sworn statement of Alan Burt Altar is hereunto attached and made an integral part of this complaint as Annex “B”; 4. Upon arrival at the Tacloban City Hospital, Dr. Pia Gomez, immediately attended my daughter and after a thorough examination, declared her dead on arrival. The medico-legal autopsy report, the NSO death certificate and a certification from the City Civil Registrar of Rhyzza Mae A. Malate is hereunto attached and made an integral part of the complaint as Annex “C” , “ D”, and “E”, 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 “F”; 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 Marasbaras Police Station which is the nearest police station. The original copy of the 2|Page

excerpt of the police blotter duly issued by Senior Police Inspector Virgilio Lentejas III of Marasbaras Police Station is hereunto attached and made as an integral part hereof as Annex “G” 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 9, New York Street, Phase 4, V&G Subdivision, Tacloban City.

IN WITNESS WHEREOF, I have hereunto set my hand this 2nd day of July, 2013 at Tacloban City, Philippines.

RIZA A. MALATE Affiant

SUBSCRIBED AND SWORN to before me this 2nd day of July 2013 at Tacloban 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 Roll No. 51379-2006 IBP No. 808787-1/3/11 PTR No. 4128464- 1/3/11; Leyte MCLE Compliance III No. 0013601 Issued on April 22, 2010

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