Saw her with a male companion who Gamboa later identified as the accused-appellant Reymar Masilang. Watching from a safe distance, Gamboa, who was still with John Mark Torres, saw accused- appellant and the girl talking, then accused-appellant handed the girl a hamburger.
Saw her with a male companion who Gamboa later identified as the accused-appellant Reymar Masilang. Watching from a safe distance, Gamboa, who was still with John Mark Torres, saw accused- appellant and the girl talking, then accused-appellant handed the girl a hamburger. A child approached the accused-appellant and the girl, presumably begging for food. After the child walked away, accused- appellant and the girl proceeded to a steel and concrete structure housing a tomb, which Gamboa called a "tent." The couple went inside and accused-appellant closed its iron door slightly. Gamboa and Torres moved closer to the back portion of the tented tomb. Gamboa heard accused-appellant telling the girl that he had a surprise for her. Torres made a hand signal which meant that accused- appellant and the girl were about to engage in sex. Gamboa peeped through a hole in the "tent." He saw accused-appellant hacking the girl with a small bolo. The girl’s hands were on both sides of her face, while her eyes were covered with a red handkerchief. He heard the girl cry for help. Shocked at what he just saw, Gamboa had to lean against a concrete wall. When he looked again, he saw accused-appellant holding the girl’s head and banging it against the front portion of the tomb. Gamboa and his companion ran away. The victim, Rose Yuzon, died from "severe traumatic brain injury secondary to multiple hacking wound." Accused-appellant gave a different version and put up the defense of denial and alibi. Accused- appellant testified that on July 26, 2015, at 7:30 a.m., he was on his way to the house of his aunt, Rosalie Masilang, to help build the fence of her house in P. Cruz Subdivision, Mangino, Gapan City. He brought with him a bolo and a handbag. Before proceeding to his aunt’s house, he passed by the Gapan City Cemetery to visit his grandfather’s tomb and to meet Rose Yuzon, his girlfriend. He gave Rose a hamburger and told her of his plan to visit his grandfather’s tomb, but she refused to let him leave because she was afraid of a suspicious man who seemed to be following her when she entered the cemetery. After a while, appellant told Rose that he had a surprise for her and blindfolded her just as what they used to do. When the revealing of the surprise took longer than expected, Rose exclaimed "lintik," which irritated appellant. He walked away to look for his grandfather’s tomb. Less than five minutes later, he heard Rose shouting and crying for help. He could not immediately respond to her as the place was grassy and high-rise tombs blocked his way; thus, he proceeded to the second gate of the cemetery to ask for help from the guards. Before he could reach the second gate, a man approached him and asked if he knew the girl who was killed while pointing to the place where Rose was. Appellant immediately went to see Rose, but another man, later identified as Marcelo Perez, told him not to move or run away from where he was standing. Marcelo Perez, while holding a piece of wood, brought appellant to the location of Rose who was slumped on the floor. Thereafter, the policemen arrested appellant and seized his handbag with his bolo inside and brought h
VI. RECOMMENDATION: 13. Wherefore, in view of the foregoing, the undersigned respectfully recommends that debris recovered and both vehicles will undergo field laboratory examination at RCLOS for paints comparison and parties involved will file their separate complaint against each other. PREPARED BY: NOTED BY:
driver in Bikol dialect to wit; "Saan kayo galing, Saan kayo galing" and he immediately left the place to seek for a police assistance. (Hereto attached the copy of the excerpt from LCPS-CPAC 2 Blotter Entry no.0629 dated September 15, 2014 as Tab "E"). IV. DISCUSSIONS/FINDINGS: 11. In this instant case under investigation and both parties have a respective allegation related with the incident. In the statement of V1 driver he only saw a Red SUV hit and damages his vehicle while on park at the side of the road thereafter fled toward Legazpi City without identifying the LTO plate number and the model of the suspected vehide, upon chased he chance upon another vehicle that he wasn’t sure. Upon confrontation, the first question of the V1 driver was "Sain kamo hali?" (Where do you come from) the V1 driver is not certain. PO2 Adrew Taduran responded and brought them in this station, Ocular inspection was made by PInsp Reynaldo Castuera and personnel of CPAC2 and they recovered a particles left by the other vehide attach to the bumper as cause by strong impact of damages. In the statement of V2 driver fetch his daughter and daughter’s friend who were both minors at B. Imperial St. Bitano, legazpi City thereafter proceeded at Albay district traversing Alternater road and F. Aquende drive and upon reaching Vinzon St. he saw a vehide at the side mirror, that overtook and stop in front of them, V2 driver prevented from being hit, indicating that he cautiously drive his vehicle in favor to other road user, instead of flaring up he move backward and alighted in his driven vehicle. Both drivers were advised to undergo medical examination at BRTTH by personnel of CPAC2 due to the suspicious smelling of alcoholic breath but V1 driver refused while V2 driver voluntarily submitted himself with hospital no. 0245622. In the ocular inspection made by the duty traffic investigators to the vehicles presented by CPAC2 personnel V1 damages were situated at the back left side portion from top (signal light-broaken) vertically measured 1.25 mor through concrete surface, bumper(scratches) measured vertically .72 mor through concrete surface and lower bumper dents inward and scratches vertically measured .55 mtr through concrete surface while V2 stainless bumper vertically measured .58 mtr through concrete surface it was no sign of dents inward nor misalligned, bumper were visible old scratches only and the right side headlight were tied by a scotch adhesive tape around with it. In the follow-up investigation the duty traffic investigator conducted ocular investigation at the place of incident disclosed that the place were dim, the road were narrow and near a blind curve and upon walk-thru, some of debris were recovered near the side of the road indicating that his vehicle were facing toward Legazpi City Airport. Further the place were photograph and the recovered debris. V. CONCLUSION: 12. After a careful perusal surrounding this particular incident, a fact of comparison related with the damage incurred by V1 were not appropriate/matched as to the vertical hieght, structure of the vehide and to the damages of V2. The V1 driver concluded cause by the color and the route traversing by V2. That a fact V2 were enroute to his residence on board a friend of his daughter. In the disposition of CPAC2 personnel related with the drivers suspected smelling alcoholic breath they submitted both drivers but only the V2 driver voluntarily submitted himself for medical attention while V1 defensively refused the procedure.
driver in Bikol dialect to wit; "Saan kayo galing, Saan kayo galing" and he immediately left the place to seek for a police assistance. (Hereto attached the copy of the excerpt from LCPS-CPAC 2 Blotter Entry no.0629 dated September 15, 2014 as Tab "E"). IV. DISCUSSIONS/FINDINGS: 11. In this instant case under investigation and both parties have a respective allegation related with the incident. In the statement of V1 driver he only saw a Red SUV hit and damages his vehicle while on park at the side of the road thereafter fled toward Legazpi City without identifying the LTO plate number and the model of the suspected vehide, upon chased he chance upon another vehicle that he wasn’t sure. Upon confrontation, the first question of the V1 driver was "Sain kamo hali?" (Where do you come from) the V1 driver is not certain. PO2 Adrew Taduran responded and brought them in this station, Ocular inspection was made by PInsp Reynaldo Castuera and personnel of CPAC2 and they recovered a particles left by the other vehide attach to the bumper as cause by strong impact of damages. In the statement of V2 driver fetch his daughter and daughter’s friend who were both minors at B. Imperial St. Bitano, legazpi City thereafter proceeded at Albay district traversing Alternater road and F. Aquende drive and upon reaching Vinzon St. he saw a vehide at the side mirror, that overtook and stop in front of them, V2 driver prevented from being hit, indicating that he cautiously drive his vehicle in favor to other road user, instead of flaring up he move backward and alighted in his driven vehicle. Both drivers were advised to undergo medical examination at BRTTH by personnel of CPAC2 due to the suspicious smelling of alcoholic breath but V1 driver refused while V2 driver voluntarily submitted himself with hospital no. 0245622. In the ocular inspection made by the duty traffic investigators to the vehicles presented by CPAC2 personnel V1 damages were situated at the back left side portion from top (signal light-broaken) vertically measured 1.25 mor through concrete surface, bumper(scratches) measured vertically .72 mor through concrete surface and lower bumper dents inward and scratches vertically measured .55 mtr through concrete surface while V2 stainless bumper vertically measured .58 mtr through concrete surface it was no sign of dents inward nor misalligned, bumper were visible old scratches only and the right side headlight were tied by a scotch adhesive tape around with it. In the follow-up investigation the duty traffic investigator conducted ocular investigation at the place of incident disclosed that the place were dim, the road were narrow and near a blind curve and upon walk-thru, some of debris were recovered near the side of the road indicating that his vehicle were facing toward Legazpi City Airport. Further the place were photograph and the recovered debris. V. CONCLUSION: 12. After a careful perusal surrounding this particular incident, a fact of comparison related with the damage incurred by V1 were not appropriate/matched as to the vertical hieght, structure of the vehide and to the damages of V2. The V1 driver concluded cause by the color and the route traversing by V2. That a fact V2 were enroute to his residence on board a friend of his daughter. In the disposition of CPAC2 personnel related with the drivers suspected smelling alcoholic breath they submitted both drivers but only the V2 driver voluntarily submitted himself for medical attention while V1 defensively refused the procedure.
Republic of the Philippines National Police Commission PHILIPPINE NATIONAL POLICE LEGAZPI CITY POLICE STATION Alternate Road, Brgy 37, Bitano, Legazpi City E-mail: [email protected] Tel. Nr. (052) 821-7947 MEMORANDUM FOR Officer in Charge Albay Police Provincial Office Camp General Simeon A. Ola, Legazpi City (Attn: C, PIDMS) SUBJECT Investigation Report Re: Alleged Simple Imprudence Causing Damages to Property (that transpired along Magayon Drive Dona Maria Subdivision, Daraga Albay and) Unjust Vexation with Light Coerdon that transpired at Vinzon St. Albay District, Legazpi City DATE September 16, 2014 I. AUTHORITY: 1. Legazpi City Police Station CPAC 2 Blotter Entries no.0627, 0628, 0629 dated September 14, 2014 and CPO Blotter Entries 1759 and 1760 dated September 15, 2014 Inherent Police Functions WN Standard Operating Procedure II. MATTERS INVESTIGATED: 4. To determine fact and circumstances surrounding the incident. 5 . To determine other relevant matters that would require further police actions. 6. To determine the extent of damages incurred by Chevrolet bearing plate no.WOA-536. III. FACTS OF THE CASE: 7. On or about 11:50 in the evening of September 14, 2014 Brgy. Tanod of Bano, Legazpi City reported and seek police assistance on the alleged vehicular accident at Vinzon St., Albay District, Legazpi City. PO2 Andrew Taduran was dispatched and returned station together with the the alleged involved parties. Upon confrontation at LCPS-CPAC 2 office, Sonny Wilson Merioles y Rejuso, 32 y/o, married, a resident of Legazpi City with temporary rented apartment along Magayon Drive Dona Maria, Subdivision Daraga Albay ( referred to as V1 driver ] requested to put into record that while his vehicle Chevrolet Trail Blazer, color Auburn, bearing plate no. WOA-536 was park unattended at the side of the road fronting his apartment he heard an impact of collision and upon verification a color Red SUV Hit his vehicle and shouted to the driver not to left but fled, he then chased said vehicle by passing F. Aquende Drive, Albay District, until he reached Vinzon St. Old Albay district, Legazpi City. Then and there he found a color Red vehicle and flagged it down and
Based on the criminal case:
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