Republic of the Philippines

NATIONAL POLICE COMMISSION

PHILIPPINE NATIONAL POLICE

MEMORANDUM

FOR : PROVINCIAL DIRECTOR,

LSPPO, Camp Asidillo
(Attn: IDM Section)

FROM : Acting Chief of Police

SUBJECT : INVESTIGATION REPORT re Stabbing Incident

Perpetrated by ANTONIO BACALA

DATE : July 9, 2018

I. AUTHORITY:

a. Spot Report dated June 28, 2018;

b. Radiographic Message with Citation No. -IDMS-07-06-2018 dated July 6,
2018;
c. Blotter Entry No. 595 dated June 28, 2018; and
d. Inherent Police Functions.

II. MATTERS INVESTIGATED:

1. To determine the facts and circumstances surrounding the incident.

2. To determine the extent of criminal liabilities of the suspects.

III. FACTS OF THE CASE:

3. On June 28, 2018, at around 2:40 in the morning, one Luis came to
Municipal Police Station, to seek police assistance regarding a stabbing incident
involving his two nephews in Sala. He said his nephew Ant stabbed his own brother,
Jun, in the chest that caused the latter’s death. Consequently, seven (7) police
officers were dispatched to the crime scene. While on the way, Lui identified one
male person walking at the side of the street as the suspect Ant. He was carrying a
bladed weapon (with scabbard) tied on his waist.

4. Thereupon, police officers alighted from its service vehicle and approached
the suspect. The police officers arrested the suspect Ant for killing Jun, his own
brother. The suspect peacefully submitted himself to the police officers. He even
gave the bladed he used in killing his brother to the police officers.
 5. The suspect Ant was taken to Municipal Police Station. There, he stated his
personal circumstances as ANT, 38 years old, single, resident of Salar.

6. Thereafter, the responding police officers continued the investigation in the

crime scene. Upon arrival, the victim, identified as ANGE alias JUN, 27 years old,
with common-law wife, resident of Salar, were laid by his family members at their
house. Prior to the arrival of the police officers, the victim was brought to City but he
expired along the way.

7. The investigation yielded that on June 28, 2018, at around 1:00 o’clock in
the morning, the victim went home after he spent drinking liquor with his Uncle
Doming and his friends in Sal. When he was in their doorstep, the victim started
banging the main door. The banging awakened the suspect who was then sleeping
upstairs. The victim continued making noise until he reached the second floor of the
house. He was pacified by the suspect telling him to sleep but the victim was
arrogant. Instead he ignored the suspect’s advice and went down.

8. The suspect followed the victim towards the main door. The suspect
continued advising the victim but the suspect’s advice went sour. Arguments ensued
between the two siblings. During the course of their arguments, the suspect stabbed
the victim hitting the latter’s chest. Then the victim ran to evade the suspect. But
the victim loses consciousness and fell on the ground. Initially, the victim was taken
to Hospital but he was subsequently referred to City for a rigorous treatment. While
on the way, particularly in Ca, the victim expired.

9. The lifeless body of the victim was examined by Dr. Ror.

10. On June 29, 2018, a case of HOMICIDE under NPS No. VIII-13a-INQ-18F-
00006 was filed against ANT alias ANT before the Office of the Provincial Prosecutor
(Sub-Office) in .

IV. DISCUSSION:

11. The present case relates to an incident that happened last June 28,
2018 at around 1:00 o’clock in the morning in Sa.

12. Ang, cousin of the deceased victim, Ange. executed an affidavit

(Annex ‘A’) with the following averments: On June 28, 2018 at around 1:00 o’clock
in the morning, she was awakened by the noise of her two cousins namely Ant
(suspect) and Ang (victim) in Sala. When she opened their window, she saw her two
cousins standing at their doorstep facing each other. The siblings were having
intense arguments. While on the said arguments, Ang made a remark to Ant:
“Waray gadla gamonay! (Loosely: Do not use a weapon!). Not long after, Ant
shoved Ange and the latter begged the former uttering the following: “Adoy gad
Kuya Ant, gindudu-on pa! (Loosely: Please Kuya Anton, do not thrust it to me!). The
begging of Ange towards his brother Ant indicates that a bladed weapon was
thrusted on the former’s body.

13. Afraid of what she saw, herein witness, Ange, immediately closed their
window and went to her mother to tell the incident. After some few moments, the
witness opened their window again and saw the lifeless body of Angel Bacolongan
lying on the ground.

14. Ama, another witness and the uncle of herein victim, Angn Jr.
executed an affidavit (Annex ‘B’) with the following averments: On June 28, 2018
at around 1:00 o’clock in the morning, he was sitting at the stairs of his niece’s
house in Sala. After some few moments, Ang arrived. The victim was asked where
did he came from which he answered he came from a drinking session with his
Uncle Domingo. Then the victim went to their house located some meters away from
Ang. After the latter called his mother and Ant the latter opened the door.

15. Thereupon, the two siblings engaged in verbal altercations. Heated

arguments ensued until sometime that Ang made a remark to Ant: “Waray gadla
gamonay! (Loosely: Do not use a weapon!). Suddenly, Angel ran away from Ant. But
Ang lose consciousness and subsequently fell on the ground. Anton initially follow
the victim but he desisted. Amad approached the victim to help him stood from the
ground. As Ama helped the victim, he saw bloodstains in the latter’s short pants.
Amad subsequently examined the body of the victim and he found a stab wound just
below the left chest.

16. With the help of family relatives, they took herein victim, Ange to
Hospital, . But they were referred by the attending physician of said hospital to City
for a medical treatment. While on the way, Ang expired. Amad decided to return the
lifeless body of the victim to their house in Sala. When Amad arrived bringing the
lifeless body the victim, Ant glanced at the victim. The suspect told Ama that he will
surrender to the police authorities.

17. The responding police officers of this Office likewise executed a

joint affidavit (Annex ‘C’) averring the following: On June 28, 2018, at around 2:40
in the morning, they were performing their duty in Municipal Police Station, when Lui
came to them. He asked assistance from the police officers regarding a stabbing
incident involving his two nephews in Sala. He stated further that the suspect who
stabbed An (herein victim) was his own brother, .

18. Upon receipt thereof, the police officers were dispatched to conduct
hot pursuit operation against the suspect. And while on the way to the crime scene,
the police officers happened to meet the suspect in a street in Barangay 1. The
suspect was identified by Lui as the latter was with the police officers at that time.
The police officers arrested the suspect who was then carrying a long bladed
weapon (with scabbard) tied on his waist. The suspect was apprised of his
constitutional rights and afterwards the suspect and his long bladed weapon were
taken to Dolores Municipal Police Station.

19. The suspect identified himself as ANT alias ANTON, 38 years old,
single, resident of Salar. Albeit without the benefit of a counsel, the suspect
confessed to PO2 that indeed he killed his own brother, herein victim, Ang. The
suspect stated further that he was on his way to Municipal Police Station to
surrender arising from the stabbing incident.
 20. The police officers continued their investigation at the crime scene, PO
processed the crime scene, took photographs, interviewed witnesses, and collated
several information regarding the incident. Herein witnesses surfaced, namely Ang
and Amad. Both witnesses told the investigating police officers that Ant was the
person who stabbed Ang.

21. Cha, common-law wife of the deceased-victim executed her affidavit

(Annex ‘D’) as the aggrieved party to the case.

22. The aggrieved party submitted the following: death certificate (Annex
‘E’) of the victim and post-mortem examination report (Annex ‘F’) showing the
injuries sustained by the victim.

23. The facts and circumstances that happened on that fateful day lead to
the conclusion that verbal altercation precipitated the killing. Herein witnesses, Angel
and Am, both executed in their respective affidavit that heated arguments between
the siblings preceded before the killing. The victim had provoked the suspect by
making a remark: “Waray gadla gamonay!” In ordinary parlance, this remark made
by the victim towards his own brother implies a challenge to a fight without using
any weapon. The victim should have been sufficiently forewarned that attack might
be in the offing. The element of a sudden attack indicative of treachery is therefore
lacking.

24. In People vs. Rillorta, G.R. No. 57415, December 15, 1989, 180 SCRA
102, 107, the Supreme Court held that there is no treachery where the assault upon
Emiliano Doton was preceded by a heated exchange of words between the accused
and the deceased. It cannot be said that the deceased was caught completely by
surprise when the accused took arms against him.

25. Applying the same principle, herein victim, Ang Jr., could have placed
himself on guard. He had all the opportunity to insure his safety, immediately before
the attack of his own brother upon his person.

26. Simply put, ABSENT any qualifying circumstance, the crime should be
merely HOMICIDE, not murder. In order to qualify the killing as murder, evident
premeditation or treachery must be established as clearly as the killing itself which is
lacking in the present case.

V. CONCLUSION:

27. After careful analysis of the facts and circumstances, the crime of
HOMICIDE can be legally considered against the suspect Ant. Without being
repetitious, lacking any qualifying circumstances the crime should be merely
homicide, not murder.

VI. RECOMMENDATION:

28. The crime of HOMICIDE was filed against ANT before the Office of the
Provincial Prosecutor (Sub-Office) in, hence, we recommend that the subject case be
considered solved.
MAT TATAG NA MATATAG
Police Chief Inspector