Republic of the Philippines )MUNICIPALITY OF SAN MATEO )Province of Isabela )

COMPLAINT-AFFIDAVIT

I, DOMINADOR M. MEJIA JR., 45 Years old, Filipino And a resident of Sinamar Sur, San Mateo, Isabela, after having been duly sworn to in accordance with law hereby depose and say:

1) That I am an incumbent Barangay Kagawad of Sinamar Sur, San Mateo, Isabela;

2) That I am filing a complaint against Rodrigo Galutan, Elmer Bancepra, Danilo Gamino, Robert Limon, Rommel Galutan, AKA Kulas Madamba and AKA Pugot Antonio, all married, of legal age and residents of Sinamar Sur, San Mateo, Isabela for helping one another in boxing/mauling and inflicting physical injuries to the undersigned, which was committed as follows;

a) That in the afternoon of May 19, 2010 a Barangay Basketball Tournament RE: Inter Purok Summer League was held at the Basketball Court of Sinamar Sur, San Mateo, Isabela;

b) That as incumbent Barangay Kagawad of Sinamar Sur, I was tasked to assist in officiating the abovementioned tournament by serving as the Sportscaster;

c) That on or about 4:30 in the afternoon of the same date, while doing the last minute countdown between the game of Purok 3 and Purok 2, Danilo Gamino shouted at me foul words in Ilocano dialect, I quote “UKINNAM KAGAWAD NAGPARTAK KA NGA AGBILANG!”;

d) That being an official cursed in front of my constituents, I was offended by the said words of Danilo Gamino to which I replied, also in Ilocano Dialect, I quote “UKINNAM MET AH !”;

e) That after the exchange of words, Danilo Gamino and his companions continued uttering unpleasant words directed not only to the undersigned but the management as a whole;

f) That in order to explain my side and resolve the issue in a more peaceful manner, I decided to go down from the Management Table and approach Danilo Gamino and his companions;

g) That when I went down from the Management Table and walked towards Danilo Gamino, Rodrigo Galutan immediately punched me in the face, followed by Robert Limon and Elmer Banapre momentarily causing me to have blurred/double vision;

h) That before I could cover my face with my two hands to avoid more injuries, I saw and recognized the rest of the abovementioned companions throwing punches at me, aiding each other to inflict physical injuries to my person, rendering me defenseless until the officiating referees and other witnesses and spectators interfered and pacified the group;

3) That as a result of the mauling/boxing, I obtained lacerated wounds in my upper lip, bruises on my faces, and broken/chipped tooth and damaged gums. Xerox copy of

Medical Certificate is hereto attached as Annex “A” and “B” and made integral part thereof;

4) That by reason of the chipped tooth and to prevent complications with my gums, I was forced to have the said tooth extracted, thus causing deformity. Xerox copy of the Certification of Tooth Extraction is hereto attached as Annex “C”;

5) That by doing the said acts, the abovementioned persons clearly violated Article 263 Par. 3 of the Revised Penal Code which provides that:

“ART. 263. Serious Physical Injuries- Any person who shall wound, beat, or assault another, shall be guilty of the crime of serious physical injuries and shall suffer:”

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“Par. 3. The Penalty of Prision Correctional in its minimum and medium periods, if in consequence of the Physical Injuries inflicted, the person injured shall have become deformed, or shall have lost any part of his body, or shall have lost the use thereof, or shall have been ill or incapacitated for the performance of the work in which he was habitually engaged for a period of more than ninety days (underscoring ours);”

6) That prior to the filing of the complaint, the dispute between the parties was referred to the Lupong Tagapamayapa of the Barangay where both parties reside. However, the parties failed to settle the same amicably. A “certification to file action” issued by the Chairman of the Lupon is hereto attached as Annex “D”;

7) That I am attesting to this affidavit to attest to the truth of the foregoing allegations.

IN WITNESS WHEREOF, I have hereto set my hands this _____ th day of May 2010 at _______________, Isabela.

DOMINADOR M. MEJIA JR. Affiant/Complainant

I hereby certify that I personally examined the affiant and that I am convinced that he voluntarily executed the foregoing affidavit and that he understood the contents thereof.

SUBSCRIBED ABD SWORN to before me this _______th day of May 2010 at ____________________ __________________,

Republic of the Philippines )MUNICIPALITY OF SAN MATEO )Province of Isabela )

JOINT-AFFIDAVIT

WE, MAMER ANTONIO, incumbent Barangay Captain of Sinamar Sur, San Mateo, Isabela, JULIUS CAESAR ABALOS SR., JERRY O. SISALBO, all married, of legal age and residents of Sinamar Sur, San Mateo Isabela, and NIXON DUMAG, married, of legal age and resident of Patul, Santiago City, after having been duly sworn to in accordance with law hereby depose and say:

1) That we are jointly executing this affidavit regarding the incident that transpired in the afternnon of May 19, 2010 at Barangay Sinamar Sur, San Mateo Isabela wherein the group of Rodrigo Galutan, Elmer Bancepra, Danilo Gamino, Robert Limon, Rommel Galutan, AKA Kulas Madamba and AKA Pugot Antonio, all resident of Sinamar Sur, San Mateo Isabela had aided one another in boxing/mauling Barangay Kagawad Dominador Mejia Sr.;

2) That we are present during the Barangay Interpurok Basketball Summer League held at the basketball court of Sinamar Sur, San Mateo, Isabela in the afternoon of May 10, 2010, wherein the undersigned Mamer Antonio as incumbent Barangay Captain of Sinamar Sur, San Mateo, Isabela served as overseer of the said event, undersigned Nixon Dumag as one of the Officiating Referees and undersigned Julius Caesar Abalos Sr. and Jerry O. Sisalbo as one of the spectators;

3) That on or about 4:30 in the afternoon of the same date, while Kagawad Mejia is doing the last minute countdown between the game of Purok 3 and Purok 2, Danilo Gamino and the abovementioned companions were cursing and shouting foul words towards Kagawad Dominador Mejia specifically stating in Ilocano dialect that he is counting too fast;

4) That when Kagawad Mejia went down from the Management Table, Rodrigo Galutan boxed him first followed by his abovementioned companions;

5) That the abovementioned persons has aided one another in boxing/mauling and inflicting physical injuries to Kagawad Mejia rendering him defenseless;

6) That the same abovementioned group continued boxing Kagawad Mejia until we interfered together with the other officiating referees and pacified the group;

7) That we are attesting this affidavit to attest to the truth of the foregoing allegations

IN WITNESS WHEREOF, I have hereto set my hands this _____ th day of May 2010 at _______________, Isabela.

MAMER ANTONIO SR. JULIUS CAESAR ABALOS SR.Affiant Affiant

NIXON DUMAG JERRY SISALBO Affiant Affiant

I hereby certify that I personally examined the affiant and that I am convinced that he voluntarily executed the foregoing affidavit and that he understood the contents thereof.

SUBSCRIBED AND SWORN to before me this _______th day of May 2010 at ____________________ __________________,