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Resolution Dismissing The Complaint Sample
Resolution Dismissing The Complaint Sample
DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSECUTOR
BAGUIO CITY
RESOLUTION
The respondents JUAN BATUMBAKAL and OSKAR SULAYMAN
were charged of the crime of MURDER in a complaint filed by ANNA
ROSE SANTOS.
STATEMENT OF FACTS
Based on the investigation conducted by the Police Investigators,
SP01 WILSON M. QUE and P03 FRANZ PULIDO, the facts of the
case are stated hereunder:
1
MATIENZO, being a few blocks away, was able to respond
to the situation and saw a dead body being embraced by a
weeping woman who was later known as ANNA ROSE
SANTOS. SPO2 MATIENZO also saw an escaping riding in
tandem with one male driving while the other was holding
a 9mm pistol. SP02 MATIENZO was able to record the Plate
number UZZ 90, the same motorcycle involved in the
altercation the day before. The plate number was later
corroborated by SANTOS. The dead body was later found
out to be FRANKLIN “FRANK” BAMBICO who was the same
person that P02 MONTON calmed down the day before.
2
3. On 9 September 2016, around 12 noon, after FRANK
and I bought food at the local market, two (2) persons riding
in tandem suddenly shot FRANK three (3) times in the head,
which caused his death. I only saw the plate number of the
motorbike, and it happened to be UZZ 990, the same
vehicle we encountered a few days before the incident;
OSKAR SULAYMAN waived his rights under Art. 125 of the Revised
Penal Code and after undergoing an inquest, a resolution was prepared
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and an information was filed earlier. As to JUAN BATUMBAKAL, a
preliminary investigation was conducted.
xxx
In this case, indeed, there was no proof to show (1) the time
when the offender determined to commit the crime; (2) an act
manifestly indicating that the offender had clung to his determination;
and (3) a sufficient lapse of time between the determination to commit
the crime and the execution thereof to allow the offender time to
reflect on the consequences of his act.
4
which must be notorious, manifest and evident—
not merely suspecting—indicating deliberate
planning.”
1. The face of the persons who killed FRANK were covered and
that it cannot be concluded that the masked faces were OSKAR
and JUAN with reasonable certainty
FERNANDO F. OLIVES
Assistant City Prosecutor
APPROVED BY: