Republic of the Philippines) Alegria,

Nueva Ecija ) S.S

x====================x

JOINT AFFIDAVIT-COMPLAINT
We, MARITESS DELA CRUZ and TOLITS DELA CRUZ,
both of legal age, Filipino Citizens and with address at Brgy. Pinili, Iba,
Nueva Ecija, after having been duly sworn to in accordance with law hereby
depose and state that:

1. We are the parents of CARMELITA DELA CRUZ, legal age,

Filipino citizen, residing at Brgy. Pinili, Iba, Nueva Ecija

2. We are accusing DARWIN DIMAGUIBA y ANOUEVO, of legal

age, Filipino Citizen and a resident of Brgy. Pinagpala, Alegria, Nueva Ecija
of Violation of Rape With Homicide under Article 266-B of the Revised
Penal Code, asamended by R.A. No. 8353.

I. MATERIAL FACTS

3. On October 07, 2020, Eduard Romero1 went with Carmelita

Dela Cruz to meet Darwin Dimaguiba, a person who offered Carmelita Dela
Cruz a job as a house helper;

4. On that same date, Carmelita Dela Cruz accepted the job offer
and was told by Darwin Dimaguiba that she can start the job immediately2;

5. At around 1:00PM, Carmelita Dela Cruz was last seen by

Eduard Romero3 together with Darwin Dimaguiba;

6. At around 3:00PM, Carmelita Dela Cruz sent photos4 via

Facebook Messenger to Eduard Romero, notifying the latter about her
whereabouts;

7. At around 4PM, Eduard Romero cannot contact Carmelita Dela

Cruz until 5AM of October 08, 2020. Eduard Romero went to the police and
reported that Carmela Dela Cruz is missing5 ;
1
Hereto attached as Annex “A” is the Affidavit of Eduard Romero.
2 Ibid.
3 Ibid.
4 Hereto attached as Annex “B” are the photos from Facebook Messenger.
5 Hereto attached as Annex “C” is a copy of the Police Report.
 8. On October 08s, 2020, at around 6AM the police, together
with the parents and live-in partner of Carmelita Dela Cruz, went to the last
known whereabout of Carmelita Dela Cruz. When they arrived at the place,
they saw the lifeless body of Carmelita Dela Cruz lying on the floor naked,
with blood stains between her legs and blood oozing from her head. A
bloodied rock was beside her body.6

9. Carmelita Dela Cruz was brought to the hospital

where she was declared “dead on arrival”7;

10. At the request of Police Inspector Clyden Ramirez of PNP

Alegria, Nueva Ecija, Dr. Kalix Martinez , Municipal Health Officer of Alegria,
Nueva Ecija , conducted a post-mortem examination on the victim's body.
The Post-Mortem Report8 revealed that the victim’s death was due to
Massive Intracranial Hemorrhage resulting to shock then Cardiac Arrest due
to Traumatic Injury in the Head;

11.On October 07, 2020, at around 4:00PM, April May Ibana9, was
going to the store when she saw Darwin Dimaguiba running and
has blood stains on his clothes. April May Ibana called Darwin
Dimaguiba’s attention but to no avail;

II. THE CHARGE WE WOULD LIKE TO FILE

12.We would like to file charges for Violation of Rape With Homicide
under Article 266-B of the Revised Penal Code, as amended by
R.A. No. 8353 against DARWIN DIMAGUIBA y ANOUEVO;

13.Such criminal charge should be filed against the respondent for he

has raped and killed CARMELITA DELA CRUZ ;

6
Hereto attached as Annex “D” is a copy of the Investigation Report of the Police.
7
Hereto attached as Annex “E” is the Death Certificate of Carmelita Dela Cruz.
8
Hereto attached as Annex “F” is the Post-Mortem Report.
9
Hereto attached as Annex “G” is the Affidavit of April May Ibana.
 14.We are executing this affidavit to attest to the truth of the
foregoing and to support the filing of case for violation of
Violation of Rape With Homicide under Article 266-B of the
Revised Penal Code, as amended by
R.A. No. 8353 against DARWIN DIMAGUIBA.

IN WITNESS WHEREOF, we have hereunto set our hands this

at Alegria, Nueva Ecija.

MARITESS DELA CRUZ TOLITS DELA CRUZ

Affiant Affiant
SSS ID NO. BX0001 SSS ID NO. GX1004
Date Issued: July 1, 2019 Date Issued: April 15, 2019

SUBSCRIBED AND SWORN TO BEFORE ME at the place

and date above written.
 Annex “A”

Republic of the Philippines) Alegria,

Nueva Ecija ) S.S
x====================x

AFFIDAVIT OF EDUARDO ROMERO

I, Eduardo Romero, am 20 years old, single, Filipino citizen, and a

resident of Brgy. Pinili, Iba, Nueva,Ecija after having been duly sworn to in
accordance with the law, hereby depose and state, that:

1. I am the live-in partner of Carmelita Dela Cruz ;

2. On October 01, 2020, my live-in partner posted on Facebook that she

was looking for a job. And on the same day, Darwin Dimaguiba
replied on the said post, offering a job as a kasambahay of his uncle10.

3. After days of talking with Darwin11, Carmelita decided to take on the

job offer.

4. On, October 07, 2020, Carmelita and I went to Alegria, Nueva Ecija to
meet Darwin. Darwin said that Carmelita can go to his uncle’s place
to start immediately. Carmelita agreed. That was the last time I saw
Carmelita in person.

5. On that same day, I was still able to contact Carmelita via Facebook
Messenger. She said that they are in Brgy. Pinagpala, Alegria, Nueva
Ecija. However, at around 4PM, Carmelita is no longer online, and I
cannot reach her cellphone number.

6. On October 08, 2020, at around 5AM, I was still trying to contact

Carmelita but she was still out of reach. I then decided to go to the
police and seek for help. The police filed a report that Carmelita was
missing.

7. On the same date at around 6AM, Carmelita’s parents and I went with
the police to go to the place of Carmelita’s last known whereabouts.

8. On that same day, I saw the lifeless and naked body of my live-in
partner. Next beside her is a large rock covered with blood.

10
Hereto attached as ANNEX “A-1”
11
Ibid.
I hereby attest to the truthfulness of all the foregoing, and I am executing
this affidavit for all legal intents and purposes it may serve.
Further Affiant sayeth none. Done this 15th day of October 2020 in the
Municipality of Alegria, Nueva Ecija.

EDUARD ROMERO
Affiant Witness

SUBSCRIBED AND SWORN to before me, this 15th day of October 2020 at
Alegria, Nueva Ecija, Philippines by the Affiant who is identified by
competent evidence of identity permissible and required under the Rules of
Notarial Practice, as stated under his name and signature, personally known
to me to be the same person who executed the foregoing Affidavit.
 Annex “A-1”

FACEBOOK POST OF CARMELITA DELA CRUZ AND

CONVERSATION WITH DARWIN DIMAGUIBA

Figure A1. Facebook post looking for a job.

Figure A2. Conversation with Darwin Dimaguiba.

 Annex “B”
PHOTOS SENT BY CARMELITA DELA CRUZ VIA FACEBOOK MESSENGER

Figure B1. Photo sent by Carmelita Dela Cruz when they arrived at the place.

Figure B2. A screenshot of Carmelita and Eduard’s conversation.

 Annex “B”

SCREENSHOTS OF CARMELITA AND EDUARD’S

CONVERSATION

Dito kami Brgy Pinagpala, Alegria

 Annex “C”

Republic of the Philippines

National Police Commission
PHILIPPINE NATIONAL POLICE
NUEVA ECIJA POLICE PROVINCIAL OFFICE
Pinili, Iba, Nueva Ecija
PRESS RELEASE #-2020
Authority: Clyden Ramirez
Drafter: Kean Espiritu
Date: Oct 8, 2020
REPORT ON MISSING PERSON

CARMELITA DELA CRUZ

On October 08, 2020, at 5:00 PM, Mr. Eduardo Romero, 20 years old, single, and a
resident of Brgy. Pinili, Nueva Ecija, appeared to Pinili Municipal Police Station to report
that his live-in partner, Carmelita Dela Cruz, 19 years old is missing and failed to return
home.
Accordingly, Eduard Romero and his live-in partner left their home last October 07, 2020,
at around 1:00 PM, and went to meet Darwin Dimaguiba, a person who offered Carmelita
Dela Cruz a job as a house helper. However, as of this date, Carmelita Dela Cruz has failed
to come home and is still missing. If found in your area, please notify the Pinili Municipal
Police Station with contact number 09277374416 or Mrs. Dela Cruz, with contact number
09701497947.
 Annex “D”

Republic of the Philippines

Department of the Interior and Local Government
PHILIPPINE NATIONAL POLICE
Alegria Police, Nueva Ecija

POLICE INITIAL INVESTIGATION REPORT

WHERE : Brgy. Pinagpala, Alegria, Nueva Ecija

WHEN : October 9, 2020 at about 8:00 in the morning

SUBJECT : Investigation Report on alleged Rape with Homicide

I AUTHORITY

1. Investigation report on the above subject.

2. Inherent
3. Standard Operating Procedure
II MATTERS INVESTIGATED

4. The surrounding circumstances of the killing of the victim.

5. To possibility of identifying the suspect/s that will led to their
apprehension and possible prosecution
III FACTS/INVESTIGATION/FINDINGS

On October 07, 2020 at around 12NN, Eduard Romero and Carmelita Dela
Cruz went to Alegria, Nueva Ecija to meet Darwin Dimaguiba. Darwin
Dimaguiba offered Carmelita Dela Cruz a job as a kasambahay. On the same
date, Carmelita Dela Cruz accepted the job offer. Darwin Dimaguiba said that
Carmelita Dela Cruz can go with him to start immediately. Carmelita Dela
Cruz said yes, and that was the last time Eduard Romero saw Carmelita Dela
Cruz in person.

Carmelita Dela Cruz and Eduard Romero were still messaging each other via
Facebook Messenger. The last video chat Carmelita Dela Cruz, Eduard
Romero and Carmelita Dela Cruz’s parents was on or about 3:45PM on
October 07, 2020. At around 4PM, the same date, Eduard Romero cannot
contact Carmelita Dela Cruz anymore.

At around 5:00AM, the next day, Eduard Romero went to the nearest
police station to report about Carmelita Dela Cruz.

At around 6:00AM, the police, lead by Police Inspector Clyden

Martinez went to Brgy. Pinagpala, Alegria, Nueva Ecija to check the last
known whereabout of Carmelita Dela Cruz.

At around 6:30AM, when the police arrived at the home of Darwin

Dimaguiba, a lifeless, and naked body of Carmelita Dela Cruz was seen.
Beside her body was a large rock covered in blood.

On October 07, 2020, at around 4PM, April May Ibana was on her way
to Aling Rosing’s sari-sari store when she chanced upon Darwin Dimaguiba.
On April May Ibana’s accounts, Darwin Dimaguiba was running, and his
clothes were covered in bloodstains. April May Ibana tried to call for Darwin
Dimaguiba’s attention, but the latter just continued to run. April May Ibana
told Aling Rosing about their encounter.

IV RECOMMENDATION/DISPOSITION

In view of the foregoing, this office hereby recommends to refer this

instant case before the office of the Municipal Prosecutor.

Prepared By:

Police Officer Kean Espiritu

Annex “E”
 Annex “F”

HYEONG SAN MEMORIAL MEDICAL CENTER

PINAGPALA, NUEVA ECIJA

POST-MORTEM REPORT
TO WHOM IT MAY CONCERN:
On OCTOBER 08, 2020, Ms. CARMELITA DELA CRUZ, FEMALE, 19
from Brgy. Pinili, Nueva Ecija was brought in this hospital Police Inspector
Clyden Ramirez of PNP Brgy Pinagpala Nueva Ecija saw the patient at Brgy.
Pinagpala, Alegria, Nueva Ecija, 6:30 in the morning on the 8th day of October
2020. Medical assessment from head to toe has been done and the findings are the
following:
Body is in stage of Primary Flaccidity.
1. Contusion, Forehead, right lateral portion with fracture of underlying skull.
2. Hematoma right eye.
3. Fresh Blood oozing from left Ear.
4. Hymen: Multiple Fresh lacerations at 6:00. 3:00 & 9:00 with bleeding.
Based on the available information on hand, the cause of death is MASSIVE
INTRACRANIAL HEMORRHAGE RESULTING TO SHOCK THEN CARDIAC
ARREST DUE TO TRAUMATIC INJURY IN THE HEAD.
This certification is issued this October 09, 2020.

EXAMINED BY:

Dr. Kalix Martinez

Municipal Health Officer
NOTED BY:

Clyden Ramirez
POLICE COLONEL, PINAGPALA, NUEVA ECIJA
 Annex “G”

Republic of the Philippines) Alegria,

Nueva Ecija ) S.S
x====================x

AFFIDAVIT OF APRIL MAY IBANA

I, April May Iba, 25 years old, single, Filipino citizen, and a resident
of Brgy. Pinagpala, Alegria, Nueva Ecija after having been duly
sworn to in accordance with the law, hereby depose and state, that:

1. I am a neighbor of Darwin Dimaguiba;

2. On October 07, 2020 around 4:00PM, when I was about to go

to Aling Rosing’s sari-sari store to buy vinegar, I saw Darwin
Dimaguiba running away from his house and his clothes were
covered with bloodstains.

3. I called for Darwin Dimaguiba’s attention, but he continued

to run.

4. I then proceeded to Aling Rosing’s sari-sari store to buy the

vinegar and to tell Aling Rosing what I just witnessed.

I hereby attest to the truthfulness of all the foregoing, and I am executing

this affidavit for all legal intents and purposes it may serve.
Further Affiant sayeth none. Done this 15th day of October 2020 in the
Municipality of Alegria, Nueva Ecija.

APRIL MAY IBANA

Affiant Witness

SUBSCRIBED AND SWORN to before me, this 15th day of October 2020 at
Alegria, Nueva Ecija, Philippines by the Affiant who is identified by
competent evidence of identity permissible and required under the Rules of
Notarial Practice, as stated under his name and signature, personally known
to me to be the same person who executed the foregoing Affidavit.