REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSECUTOR
MANILA
THE REPUBLIC OF THE PHILIPPINES
Complainant,
-versus- Case No. 143143
For: Murder
CAIN A. ABAD
Defendant,
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COMPLAINT AFFIDAVIT
I, WILMA C. MANLAPAZ, 50 years old, widow, a Filipino citizen and a resident of Block 3 Lot 12 Iriga Street South City Homes Phase 1 Brgy. Sto. Tomas Sampaloc Manila, after having been duly sworn to in accordance with law, hereby deposes and says THAT:
1. I am the wife of the deceased ROBERTO A. MANLAPAZ, 62 years old, Filipino citizen and a resident of Block 3, Lot 12 Iriga Street South City Homes Phase 1 Brgy. Sto. Tomas Sampaloc Manila.
2. I am instituting this crimimal complaint against MR. CAIN A. ABAD, 32 years old, married, a Filipino citizen and a resident of Blk 8 Lot 15 Jae Street Brgy. Sinalhan Sampaloc Manila for MURDER as defined and penalized under Art. 248 of the Revised Penal Code.
Art. 248. Murder. — Any person who, not falling within the provisions of Article 246 shall kill another, shall be guilty of murder and shall be punished by reclusion temporal in its maximum period to death, if committed with any of the following attendant circumstances:
1. With treachery, taking advantage of superior strength, with the aid of armed men, or employing means to weaken the defense or of means or persons to insure or afford impunity.
2. In consideration of a price, reward, or promise.
3. By means of inundation, fire, poison, explosion, shipwreck, stranding of a vessel, derailment or assault upon a street car or locomotive, fall of an airship, by means of motor vehicles, or with the use of any other means involving great waste and ruin.
4. On occasion of any of the calamities enumerated in the preceding paragraph, or of an earthquake, eruption of a volcano, destructive cyclone, epidemic or other public calamity.
5. With evident premeditation.
6. With cruelty, by deliberately and inhumanly augmenting the suffering of the victim, or outraging or scoffing at his person or corpse.
3. The criminal offense complained of was committed as follows:
a. That in the evening of May 20, 2020, a benefit dance was held in the dance hall at the public plaza in Bagong Sirang, Barangay Sto. Tomas Sampaloc Manila. The dance was managed by my husband who was president of the affair.
b. While the benefit dance was going on, Ely Banculo, Dominador Laurio, and Cain Abad drank beer "grande" at a corner store near the plaza. When the three decided to retire, they offered a last drink to my husband, who accepted it.
c. Shortly after eleven o'clock in the evening, they asked permission to leave. After the three had departed, my husband went to the comfort room about ten meters away. I had decided to go after him and waited a few steps away from the comfort room.
d. When my husband went outside the comfort room, I saw Cain Abad suddenly jabbed my husband on the right jaw. The blow caused my husband to fall on the ground. Cain plunged his hand knuckle with a protruding blade three times into my husband's body as he lay on the ground, wounding him on the right chest, on the back, and in the right armpit. After rendering my husband prostrate, Cain fled.
e. Crying for help, I asked and begged to bring my husband to the nearest hospital which was responded to with haste by Rodney Cataran and other people. The sworn statement of Rodney Cataran is hereunto attached and made an integral part of this complaint as Annex “A”.
f. Upon arrival at the Manila Hospital, Dr. Pia Gomez, immediately attended my husband and after a thorough examination, declared him dead on arrival. The medico-legal autopsy report, the NSO death certificate and a certification from the City Civil Registrar of my husband is hereunto attached and made an integral part of the complaint as Annex “B”, “ C”, and “D, respectively.
g. After attending my husband to the Hospital, I reported the said incident to the nearest police station. A true and faithful machine copy of the police report is hereby attached here as “Annex E”.
4. By reason of the foregoing, I sufferred sleepless nights and incurred expenses for funeral which the defendant should compensate in a form of damages including but not limited to moral, exemplary damages and the exact amount which i will prove during trial.
5. Other measures of relief and remedies that are just and equittable under the circumstances are likewise prayed for.
6. I am therefore executing this Complaint-Affidavit freely and voluntarily in support of my intent to file a case of murder and/or the appropriate case against Mr. Cain A. Abad.
IN WITNESS WHEREOF, I have hereunto set my hand this 23rd day of May, 2020 at Manila Philippines.
WILMA C. MANLAPAZ
Complainant/Affiant
SUBSCRIBED AND SWORN to before me this 23rd of May 2020 at Manila 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 her foregoing "Complaint-Affidavit"
RAPHAEL S. SUYO
Prosecutor
Roll No. 56918
IBP No. 1004691/ 01-08-9 / PPLM
PTR No. 0513159 / 01-06-19 / Manila
MCLE Compliance No. V-0010494 / 09-16-15
Issue on April 20, 2005
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