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Rekless Homicide
Rekless Homicide
COMPLAINT-AFFIDAVIT
I, PO1 MARK MENOR, of legal age, married, a police officer of the Calapan
City PNP Station and with postal address at ABC Hall, Calero, Calapan City, after
having duly sworn in accordance with law, hereby depose and state that:
JOSE ALBERTO
Assistant City Prosecutor
Republic of the Philippines
National Prosecution Service
OFFICE OF THE CITY PROSECUTOR
Calapan City
COUNTER AFFIDAVIT
GRACIANO CASTILLO
Affiant
SUBSCRIBED AND SWORN to before me this 17th day of January 2012 at city
of Calapan. I likewise certify that I examined the affiant and I am satisfied that
the foregoing is executed freely and she/he understood the same.
JULIO VALIENTE
Assistant City Prosecutor
Republic of the Philippines
National Prosecution Service
OFFICE OF THE CITY PROSECUTOR
Calapan City
REPLY
I, PO1 MARK MENOR, of legal age, married, a police officer of the Calapan
City PNP Station and with postal address at ABC Hall, Calero, Calapan City, after
having duly sworn in accordance with law, hereby depose and state that:
1. That I received the Counter Affidavit of Graciano Castillo dated January 17,
2012;
2. That I am attaching the Sinumpaang Salaysay of David Villa, a fishball
vendor who saw the incident and collaborated the Complaint-Affidavit of
Jojo Balmes;
3. That in the said affidavit, Mr. Villa also stated that he was one of those who
brought Enrique to the hospital and that Graciano Castillo failed to assist
them;
JOSE ALBERTO
Assistant City Prosecutor
Republic of the Philippines
National Prosecution Service
OFFICE OF THE CITY PROSECUTOR
Calapan City
REJOINDER
1. I received and read the Reply of PO1 Mark Menor and the accompanying
Sinumpaang Salaysay of David Villa;
2. It’s not true that I did not exert effort to help the deceased victim as I
stopped to see what happened but crowd started to gather and they are all
mad at me. Some even threatening to cause me physical harm that’s why I
distanced myself;
3. I still maintain that it was the deceased fault why I hit him by crossing the
street all of a sudden;
4. That I am executing this affidavit to attest the veracity of facts mentioned
above.
GRACIANO CASTILLO
Affiant
JULIO VALIENTE
Assistant City Prosecutor
Republic of the Philippines
National Prosecution Service
OFFICE OF THE CITY PROSECUTOR
Calapan City
RESOLUTION
This resolves the complaint filed by PO1 Mark Menor against Graciano
Castillo for Reckless Imprudence Resulting to Homicide.
On January 13, 2011, Jojo Balmes approached the Calapan City PNP
station to report of an accident wherein his brother Enrique was hit by Ford F-
150 with plate number AAA-111 being driven by Graciano Castillo on the same
day at around 9:00 AM in front of the Mindoro State College of Agriculture and
Technology in Masipit, Calapan City. Enrique was rushed to the MMG Medical
Center for treatment but was later declared dead.
For his defense, Graciano Castillo stated that he was not at fault because he
claims that while he admit to hit Enrique, the later surprised him by crossing the
street suddenly; when he has no chance to make evasive maneuvers.
ROMAN RAPIDO
Provincial Prosecutor
Republic of the Philippines
National Prosecution Service
OFFICE OF THE CITY PROSECUTOR
Calapan City
INFORMATION
“That sometime on January 13, 2011, in the City of Calapan, and within
the jurisdiction of this Honorable Court, above-named accused, GRACIANO
CASTILLO, then being the driver of Ford F -150 with plate number AAA-111,
willfully and negligently in driving the same while passing was along the
national highway in front of the Mindoro State College of Agriculture and
Technology , without due regard to the traffic laws, regulations and ordinances
of the City of Calapan and without taking the necessary precautions to prevent
the injury to person or damage to property, causing by such negligence,
carelessness, and imprudence the said automobile to hit ENRIQUE BALMES
killing the latter.
CONTRARY TO LAW.
JULIO VALENTE
Assistant Provincial Prosecutor
ROMAN RAPIDO
Provincial Prosecutor
REPUBLIC OF THE PHILIPPINES
FOURTH JUDICIAL REGION
REGIONAL TRIAL COURT
Branch 39, Calapan City
2. That the accused is the sole breadwinner in the family and his wife is
currently detained at the Philippine Correctional Facility in Manila being
a convicted illegal recruiter. Thus, no one will take care of their 7 children
if he will be incarcerated preventively;
Greetings:
Please take notice that the foregoing Motion for Reduction of Bail shall be
submitted for the consideration and approval of the Honorable Court on Friday, 27
March, 2011 at 10:00 a.m. or as soon as counsel and matter may be heard.
Other party was served with this motion via registered mail due to lack of man
power, distance and impracticality of personal service.
COPY FURNISHED:
JULIO VALIENTE
Asst. City Prosecutor
City Prosecution Office – Calapan City
REPUBLIC OF THE PHILIPPINES
FOURTH JUDICIAL REGION
REGIONAL TRIAL COURT
Branch 39, Calapan City
PRE-TRIAL BRIEF
1. The identity of the one charged in the information and that of the
person arraigned are one and the same;
2. Affidavit of Jojo Balmes: as the brother of Enrique and the one who approached the
Complainant to inform him of the incident;
3.Affidavit of David Villa: Purpose: to corroborate the testimony of Jojo Balmes and the
truth behind the incident;
I S S U E
W I T N E S S E S
1. Complainant: to testify that the he was approached by Jojo Balmes to facilitate the
filing of the case.
2. Jojo Balmes: to corroborate the testimony of the Complainant, particularly the fact
that the his brother, Enrique was the victim.
TRIAL DATES
Specifically all Wednesday of the month, with the regular appearance of the
undersigned Prosecutors before this Honorable Court.
JULIO VALIENTE
Asst. Provincial Prosecutor
Copy Furnished:
Comes Now, the People, through the undersigned Prosecutor, and to this
Honorable Court, most respectfully submits the following Formal Offer of Evidence;
EXHIBIT PURPOSE
.
With the foregoing documentary and object evidences as well as the testimonies
of the witnesses, Prosecution hereby rests its case.
PRAYER
Such further and other reliefs just and equitable under the premises are likewise
prayed for.
JULIO VALIENTE
Asst. Provincial Prosecutor
Copy Furnished: