Republic of the Philippines

REGIONAL TRIAL COURT

NATIONAL CAPITAL JUDICIAL REGION
Branch VII
Muntinlupa City

PEOPLE OF THE PHILIPPINES,

Plaintiff,

Criminal Case No.: 145629

For: Frustrated Murder

-versus-

GEORGE WOLF,

Accused.

x-------------------------- x

INFORMATION

The undersigned Assistant City Prosecutor accuses GEORGE WOLF for

the crime of Frustrated Murder, defined and penalized under Article 248 of the
Revised Penal Code, committed as follows, to wit:

That on or about the 12th day of January, 2019, in the City of Muntinlupa,
Philippines, and within the jurisdiction of this Honorable Court, the above-named
accused with deliberate intent to kill, with treachery and evident premeditation, by
carefully planning to kill Little Red Riding Hood and disregarding any respect due
to the victim, a girl of 12 years, did then and there willfully, unlawfully and
feloniously inflicting upon Little Red Riding Hood wounds on her hip and a stab
wound on her neck, thus performing all the acts of execution which should have
produced the crime of Murder as a consequence but did not so by reason of causes
independent of their own free will,

CONTRARY TO LAW, with the aggravating circumstance of disregard of

the age of the victim.

Muntinlupa City, Philippines, January 15, 2019.

EPIFANIO TORIBIO
Assistant City Prosecutor

WITNESS:

CHRIS HUNTER
 CERTIFICATION

I hereby certify that a preliminary investigation was conducted in the above

– entitled case, and there is prima facie evidence that the crime of Frustrated
Murder has been committed and that the accused is probably guilty thereof.

EPIFANIO TORIBIO
Assistant City Prosecutor

SUBSCRIBED AND SWORN to before me this 15th day of January 2019 in

Muntinlupa City, Philippines.

TERESITA KWADERNO
City Prosecutor
 Republic of the Philippines
REGIONAL TRIAL COURT
NATIONAL CAPITAL JUDICIAL REGION
Branch VII
Muntinlupa City

PEOPLE OF THE PHILIPPINES,

Plaintiff,

Criminal Case No.: 145630

For: Frustrated Murder

-versus-

GEORGE WOLF,

Accused.

x-------------------------- x

INFORMATION

The undersigned Assistant City Prosecutor accuses GEORGE WOLF for

the crime of Frustrated Murder, defined and penalized under Article 248 of the
Revised Penal Code, committed as follows, to wit:

That on or about the 12th day of January, 2019, in the City of Muntinlupa,
Philippines, and within the jurisdiction of this Honorable Court, the above-named
accused with deliberate intent to kill, with treachery and evident premeditation, by
carefully planning to kill Grandma Riding Hood and disregarding any respect due
to the victim, an old lady of 80 years, did then and there willfully, unlawfully and
feloniously inflicting upon Grandma Riding Hood, wounds penetrating her neck,
and 2 stab wounds on her chest, thus performing all the acts of execution which
should have produced the crime of Murder as a consequence but did not so by
reason of causes independent of their own free will,

CONTRARY TO LAW, with the aggravating circumstance of disregard of

the age of the victim.

Muntinlupa City, Philippines, January 15, 2019.

EPIFANIO TORIBIO
Assistant City Prosecutor

WITNESS:

CHRIS HUNTER
 CERTIFICATION

I hereby certify that a preliminary investigation was conducted in the above

– entitled case, and there is prima facie evidence that the crime of Frustrated
Murder has been committed and that the accused is probably guilty thereof.

EPIFANIO TORIBIO
Assistant City Prosecutor

SUBSCRIBED AND SWORN to before me this 15th day of January 2019 in

Muntinlupa City, Philippines.

TERESITA KWADERNO
City Prosecutor
 REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSECUTOR
MUNTINLUPA CITY

SCLARLET RIDING HOOD

Complainant,
NPS NO. IV -04-INV-07H-093
- Versus - FOR:
FRUSTRATED MURDER
GEORGE LOBO WOLF
Respondent

X------------------------------------------------------------X

RESOLUTION
For resolution in the instant complaint for Frustrated Murder.

Complainant in her Complaint Affidavit, alleged that she is a resident of 652

Taysan Street, Ayala Alabang Village, Muntinlupa City; That she is the mother of
Little Red Riding hood; that on the 12th day of January 2019, at about 10 in the
morning, she instructed her daughter to go to her Grandmother, Grandma Riding
Hood to bring her a loaf of bread because she is sick; That her daughter was taking
too long to go back home, so she decided to follow her to Grandma Riding Hood’s
House; that she saw George Lobo Wolf, the accused, running away from the said
house with bloody clothes and bloody hands; that she rushed inside the house to
check what happened and there she saw Chris Hunter with her daughter, lying on
the floor bitten on the hip and a stab on the neck; that Chris Hunter was helping
Little Riding Hood by covering her neck wound with a piece of cloth; that upon
approaching her daughter, she was pointing at the closet and trying to say
something; that the complainant went to check the closet since Little Red Riding
Hood was pointing towards that direction; there she saw grandma lying with a
bitten neck and stab wounds on the chest; that she immediately called the
ambulance with her cellular phone that the barangay ambulance responded
quickly and that she was able to bring Little Red Riding Hood and Grandma Riding
Hood to the hospital and that by reason of timely medical intervention Grandma
Riding Hood and Little Riding Hood survived.

Police Inspector Ponficador Ponce in his police report, alleged that on

January 12, 2019 at 10 o’clock in the morning, a stabbing incident transpired at 9
Don Manolo Boulevard, Alabang Hills Village, Muntilupa City; That the two victims
were Grandma Riding Hood, 80 years of age and Little Red Riding Hood, 12 years
of age; that the victims were stabbed by one George Wolf, residing at 687, Dahlia
St., Ayala Alabang, Muntinlupa City; that the weapon used, a knife, and the wallet
with the personal license of the accused were left at the scene of the crime.

In the affidavit of Dr. Emmanuel Lara, Medico-legal Doctor at the Philippine

National Police Crime Laboratory in Camp Crame, he stated that an evaluation of
Little Red Riding Hood’s body after the incident yielded to the following results:
Human bite, cervical area, right side
One stab on the right side of the neck:
 Laceration approximately 2cm

He further stated that without timely medical intervention, the wounds

inflicted would have caused the death of the victim.

Analyses/Findings and Recommendations

Article 248 and Article 6 of the Revised Penal Code specifically state as
follows:
“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 aid of armed men, or employing
means to weaken the defense or of means or
persons to insure or afford impunity

XXX

“Art. 6 – Consummated, Frustrated & Attempted

Felonies

Consummated felonies as well as those which are

frustrated and attempted are punishable.

A felony is consummated when all the elements

necessary for its execution and accomplishment are
present; and it is frustrated when the offender performs
all the acts of execution which would produce the
felony as a consequence but which, nevertheless, do
not produce it by reason of causes independent of the
will of the perpetrator’s xxx.”(Italics supplied.)

In Adam vs. Court of Appeals and People of the Philippines, the accused
was held to be guilty of frustrated homicide. The Court held that such crime was
deemed to require the intent of the perpetrator to kill his victim. In People vs.
Fortich, it was held that the intent to kill being an essential element of the offense
of frustrated or attempted homicide, said element must be proved by clear and
convincing evidence. Indeed, the nature of the weapon used for the attack and the
direction at which it was aimed unmistakably showed petitioner's intent to kill.

As reiterated in the case of Cervantes vs. People of the Philippines, what

determines the presence of intent to kill is the nature and the extent of the wound
inflicted for it must be supported by independent proof showing that the wound
inflicted was sufficient to cause the victim’s death without timely medical
intervention. The danger to life of any wound is dependent upon a number of
factors: the extent of the injury; the form of the wound; the region of the body
affected; the blood vessels; nerves, or organs involved; the entrance of disease-
producing bacteria or other organisms into the wound; the age and constitution of
the person injured; and the opportunities for administering proper surgical
treatment.

In People vs. Raquinio, Appellant used a lethal weapon, a bolo. The thrust
— "sudden and unexpected" — was directed at a vital spot of the body, the
abdomen. Were it not for the fact that Agustin Raquinio held the defendant fast
and grabbed the bolo from his hand, he would have finished off his victim. The
wounds suffered by the latter would have been fatal, were it not for the timely and
adequate medical assistance rendered him. Intention to kill, a mental process, may
be inferred from the nature of the weapon used, the place of the wound, the
seriousness thereof, and the persistence to kill the victim.

Art. 14 of the Revised Penal Code provides;

“Art. 14 – Aggravating Circumstances – the following are aggravating
circumstance
10. when there is treachery (alevosia)
There is treachery when the offender commits any of the crimes
against person, employing means, methods, or forms in the
execution thereof which tend directly and specially to insure its
execution, without risk to himself arising from the defense which the
offended party might make.

In this case, there was clearly treachery as Mr. Wolf committed the felonious
act against the complainant’s daughter, using means, methods, or forms which
tended to directly and specially to insure its execution, in this case, he pretended
to be Grandma Riding Hood, which made Little Red Riding Hood let her guard
down; and without risk from the defense which the Little Red Riding Hood might
make; Furthermore, Little Red Riding Hood was only 12 years of age, being a girl
of tender years she was incapable of defending herself, and therefore, not
subjecting Mr. Wolf to any risk of defense in the execution of the crime.

As in this case, the findings of the medico-legal clearly state the probable
fatality of such had it not been attended medically. The facts of the case before us
squarely fall under the crime of Frustrated Murder.

WHEREFORE, in view of the foregoing, it is hereby recommended an

information of Frustrated Murder be filed against respondent George Lobo Wolf
before the proper court

Muntinlupa City, Philippines, January 14, 2019

EPIFANIO TORIBIO
Associate City Prosecutor

APPROVED

TERESITA KWADERNO
CITY PROSECUTOR
 REPUBLIC OF THE PHILIPPINES
DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSECUTOR
MUNTINLUPA CITY

GRANDMA RIDING HOOD

Complainant,
NPS NO. IV -04-
INV-07H-093
- Versus - FOR:
FRUSTRATED MURDER
GEORGE LOBO WOLF
Respondent

X------------------------------------------------------------X

RESOLUTION

For resolution in the instant complaint for Frustrated Murder.

Complainant in her Complaint Affidavit, alleged that she is residing at Don

Manolo Blvd. Alabang Hills Village, Muntinlupa City; 1. That on January 12 2019
at about 10 o’clock in the morning, she heard a loud knock on her doorstep and a
person calling out her name. She asked “Who is there?” and the reply was “It’s
me, granny; Little Red Riding Hood.” Since the voice is similar to the voice of her
granddaughter, she told the person that the door was unlocked and to just come
in because she was not feeling well due to a cold and could not open the door
herself; that upon her instructions to come in, Mr. Wolf opened the door and went
inside where she was lying on her folding bed around the living room with her
glasses off and placed on top of the table next to her bed; that As he approached
her closely, she felt that his skin was rough and his body was quite big for a little
girl. Just when she thought he would hug her, he bit her on the neck. She was
startled as she pulled the hood on his head and quickly grabbed her glasses to
see who he really was. She was surprised to see a hairy man, Mr. Wolf; that upon
revealing his face, Mr. Wolf panicked and dragged her feet and bit me on the leg.
He then proceeded to pull her inside a closet; that she tried to get away but he was
too strong. Seeing that she was about to shout for help, he pulled a knife and
stabbed her on the chest twice; That the last thing she remembered was George
Wolf closing the door of the closet and the next thing she knew was that she woke
up in a hospital.

In the affidavit of Dr. Emmanuel Lara, Medico-legal Doctor at the Philippine

National Police Crime Laboratory in Camp Crame, he stated that an evaluation of
Little Red Riding Hood’s body after the incident yielded to the following results:
- Human bite, cervical area left side and human bite on the leg, left tibial
area
- Two stabs on the right chest: Laceration approximately 5cm, 6 th
intercostal space, mid clavicular line

He further stated that without timely medical intervention, the wounds inflicted
would have caused the death of the victim.

Analyses/Findings and Recommendations

 Article 248 and Article 6 of the Revised Penal Code specifically state as
follows:
“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:

2. With treachery, taking advantage of superior

strength, with aid of armed men, or employing
means to weaken the defense or of means or
persons to insure or afford impunity

XXX

“Art. 6 – Consummated, Frustrated & Attempted

Felonies

Consummated felonies as well as those which are

frustrated and attempted are punishable.

A felony is consummated when all the elements

necessary for its execution and accomplishment are
present; and it is frustrated when the offender performs
all the acts of execution which would produce the
felony as a consequence but which, nevertheless, do
not produce it by reason of causes independent of the
will of the perpetrator’s xxx.”(Italics supplied.)

In Adam vs. Court of Appeals and People of the Philippines, the accused
was held to be guilty of frustrated homicide. The Court held that such crime was
deemed to require the intent of the perpetrator to kill his victim. In People vs.
Fortich, it was held that the intent to kill being an essential element of the offense
of frustrated or attempted homicide, said element must be proved by clear and
convincing evidence. Indeed, the nature of the weapon used for the attack and the
direction at which it was aimed unmistakably showed petitioner's intent to kill.

As reiterated in the case of Cervantes vs. People of the Philippines, what

determines the presence of intent to kill is the nature and the extent of the wound
inflicted for it must be supported by independent proof showing that the wound
inflicted was sufficient to cause the victim’s death without timely medical
intervention. The danger to life of any wound is dependent upon a number of
factors: the extent of the injury; the form of the wound; the region of the body
affected; the blood vessels; nerves, or organs involved; the entrance of disease-
producing bacteria or other organisms into the wound; the age and constitution of
the person injured; and the opportunities for administering proper surgical
treatment.

In People vs. Raquinio, Appellant used a lethal weapon, a bolo. The thrust
— "sudden and unexpected" — was directed at a vital spot of the body, the
abdomen. Were it not for the fact that Agustin Raquinio held the defendant fast
and grabbed the bolo from his hand, he would have finished off his victim. The
wounds suffered by the latter would have been fatal, were it not for the timely and
adequate medical assistance rendered him. Intention to kill, a mental process, may
be inferred from the nature of the weapon used, the place of the wound, the
seriousness thereof, and the persistence to kill the victim.

Art. 14 of the Revised Penal Code provides;

“Art. 14 – Aggravating Circumstances – the following are aggravating
circumstance
 10. when there is treachery (alevosia)
There is treachery when the offender commits any of the crimes
against person, employing means, methods, or forms in the
execution thereof which tend directly and specially to insure its
execution, without risk to himself arising from the defense which the
offended party might make.

In this case, there was clearly treachery as Mr. Wolf committed the felonious
act against the complainant using means, methods, or forms which tended to
directly and specially insure its execution. He pretended to be Little Red Riding
Hood, so the complainant let him in, this is also the reason why she let her guard
down; and without risk from the defense which Grandma Riding Hood might make.
Furthermore, the complainant, a woman of advanced age, was suffering from
cough and colds, which made her unable to defend herself, not subjecting Mr. Wolf
to any risk of defense in its execution of the crime.

As in this case, the findings of the medico-legal clearly state the probable
fatality of the wounds inflicted if such had not been attended medically. The facts
of the case before us squarely fall under the crime of Frustrated Murder.

WHEREFORE, in view of the foregoing, it is hereby recommended an

information of Frustrated Murder be filed against respondent George Lobo Wolf
before the proper court

Muntinlupa City, Philippines, January 14, 2019

EPIFANIO TORIBIO
Associate City Prosecutor

APPROVED

TERESITA KWADERNO
CITY PROSECUTOR
REPUBLIC OF THE PHILIPPINES )
CITY OF MUNTINLUPA ) S.S.

COMPLAINT AFFIDAVIT

I, Scarlett Riding Hood, Filipino of legal age with and address at 652
Taysan Street, Ayala Alabang Village, Muntinlupa City after having been duly
sworn to according to law hereby depose and state:

1. That I am the mother of Little Red Riding Hood, and I am filing a case of
Frustrated Murder under Art. 248 of the revised Penal Code of the
Philippines against George Lobo Wolf on behalf of my daughter Little Red
Riding Hood, a minor of twelve (12) years of age;

2. That on the 12th day of January 2019 about 10 o’clock in the morning, I
instructed my daughter to go to her grandmother, Grandma Riding Hood to
bring her a loaf of bread because she is sick;

3. That my daughter was taking too long to go back home so I decided to follow
her to her Grandma Riding Hood’s house. Upon arriving at Grandma Riding
Hood’s house, I saw George Lobo Wolf running away from the said house
with bloody t-shirt and bloody hands;

4. That upon seeing George Lobo Wolf, I rushed towards him and asked him
what happened but he pushed me aside and ran towards the other side
where I came from. I immediately went inside the house so that I can check
what happened and there I saw my daughter lying on the floor with a bitten
hip and a stab on the neck;

5. That upon approaching my daughter she was pointing at the door of the
closet and she was trying to say something. I went to check the closet since
she was pointing towards that direction and there I saw Grandma Riding
Hood lying on the floor with bitten neck and leg and stabs on the chest;

6. That I saw Chris Hunter helping Little Red Riding Hood by covering her neck
wound with a piece of cloth.

7. That I immediately called an ambulance using my cellphone. The barangay

ambulance responded quickly and that we were able to bring Grandma
Riding Hood and Little Red Riding Hood to the hospital;

8. That Grandma Riding Hood and Little Red Riding Hood were given medical
and surgical help and both were able to survive the attack made by George
Lobo Wolf.

Affiant sayeth naught.

Muntinlupa City, (January 15, 2019).

Scarlet Riding Hood

Affiant
 SUBSCRIBED AND SWORN to before me on this 15th day of January 2019
at Muntinlupa City, Philippines and I FURTHER CERTIFY that I have personally
examined the affiant and I am satisfied that he has read and personally understood
the contents of his foregoing “Counter-Affidavit”.

TERESITA KWADERNO
City Prosecutor
Roll No. 204389
IBP No. 098513
PTR No. 534809
MCLE Compliance No. 85493
REPUBLIC OF THE PHILIPPINES )
CITY OF MUNTINLUPA ) S.S.

COMPLAINT AFFIDAVIT

I, Grandma Riding Hood, Filipino, of legal age residing at 9 Don

Manolo Blvd. Alabang Hills Village, Muntinlupa City, after having been duly sworn
to according to law hereby depose and state:

1. That on 12th of January 2019 at about 10 o’clock in the morning, I heard a

loud knock on my doorstep and a person calling out loud “Granny, granny!”
I asked “Who is there?” and the reply was “It’s me, granny; Little Red Riding
Hood.” Since the voice is similar to the voice of my granddaughter I told the
person that the door was unlocked and to just come in because I wasn’t
feeling well due to a cold and could not open the door myself;

2. That upon my instructions to come in, Mr. Wolf opened the door and went
inside where I was lying on my folding bed around the living room with my
glasses off and placed on top of the table next to my bed. As he
approached me closely I felt that his skin was rough and his body was
quite big for a little girl. Just when I thought he would hug me he bit on the
neck. I was startled as I pulled the hood on his head and quickly grabbed
my glasses to see who he really was. I was surprised to see a hairy man,
Mr. Wolf.

3. That upon revealing his face, Mr. Wolf panicked and dragged my feet and
bit me on the leg. He then proceeded to pull me inside a closet. I tried to
get away but he was too strong. Seeing that I was about to shout for help,
he pulled a knife and stabbed me on my chest twice;

4. That the last thing I remembered was George Wolf closing the door of the
closet and the next thing I knew was that I woke up in a hospital bed.

Affiant sayeth naught.

Muntinlupa City, (January 15, 2019)

Grandma Riding Hood

Affiant

SUBSCRIBED AND SWORN to before me on this 15th day of January 2019

at Muntinlupa City, Philippines and I FURTHER CERTIFY that I have personally
examined the affiant and I am satisfied that he has read and personally understood
the contents of his foregoing “Counter-Affidavit”.

Teresita Kwaderno
City Prosecutor
Roll No. 204389
IBP No. 098513
PTR No. 534809
MCLE Compliance No. 85493