Related to: ________________ I.S. No. _____________________ I.S No. _______________________ Prosecutor _____________________ Prosecutor __________________ Date Filed _____________________
MEMO OF PRELIMINARY INVESTIGATION
COMPLAINANT/S: RESPONDENT/S 1. Pining Garcia 1. Rodrigo Pangan y Pascua Address: Claro M. Recto Address: 123 Fajardo St. Salapungan Angeles City Angeles City.
CHARGE: Alleged Rape ____________________________________________________________________ Place of Commission: Hafa a aday Hensonville Angeles City Date: 16 November 2013 Time: 0900 H Witness: Name Dr. Teresa Villa Address Balibago, Angeles City
NOTE:1. Has a similar complaint been filed before any other office? (YES OR NO) 2. Is this complaint in the manner of a counter-affidavit? ________(YES OR NO) 3. Are all the above information true and correct _____________(YES OR NO)
THE ABOVE SHOULD BE FILLED UP BY COMPLAINANT OR COUNSEL
Investigation on ___________________ Postpone to ________________________ On relation of________________________
PINING GARCIA
TAKE NOTE: Sufficient copies of the affidavit ********************************************* Of complainant and witnesses and other ACTION TAKEN: Supporting document should be submitted. ________________________________ Investigation Prosecutor
IMPORTANT!
A complainant shall be required to file his complaint in the form of an affidavit to which must be appended affidavit of witnesses, annexes and other supporting documents. The statements of the complainant and his witnesses, shall be, far as practicable, be sworn to before the investigating Prosecutor. If sworn before any Officer authorized to administer oaths, the administering Officer shall CERTIFY THAT HE HAS PERSONALLY EXAMINED THE AFFIANT AND THAT HE VOLUNTARILY EXECUTED AND UNDERSTOOD HIS AFFIDAVIT.
Late resolution given to Stenographer ____________________________
______________________________ _____________________________ Investigating Prosecutor Stenographer Republic of the Philippines )
The UNDERSIGNED, Pining y Garcia, accuses Rodrigo Pangan y Pascua, of Rape, committed as follows, to wit:
Ms. Pining Garcia claimed that at about lunch time 15 November she and her boyfriend, Rodrigo Pangan y Pascua, went to lunch at Jollibee and her boyfriend offered her a drink that made her dizzy. She claimed that she wake up this morning at room III Hafa a Day Hotel Hensonville naked with pain in her genitals but her boyfriend is nowhere to found victim Pining Garcia. (Alleged Rape and Sworn statement of Pining Garcia as Tab A)
On or about 16 10hr Nov 13. She presented a medical certificate sign of medical abuse. At about 16 1200H Nov 16 I interviewed the doctor who tested to the medical findings that Pining Garcia was sexually abused. (First Progress Report, Medico-Legal and Sworn Statement of the Doctor as Tab B)
While interviewing victim, she collapsed which the investigator rushed her to AUFMC. In the presence of Dr. Teresa Villa, took down Dying Declaration of the victim identifying Rodrigo Pangan y Pascua as the one who raped her. (Second Progress Report and Dying Declaration of Ms. Pining Garcia as Tab C) At about 17 13 November at Police Station 2, comes the boyfriend of Ms. Pining Garcia, the victim. He is to be identified as Mr. Rodrigo Pangan E. Pascua a 25 year old, graduate student of Angeles University Foundation. Lives at 123 Fajardo St. Salapungan Angeles City. Confiding that he will marry the victim of Rape. During the questioning, Jun Dizon saw Rodrigo Pangan, he identified him as one of the two assailants. He is cooperating in the investigation. (Third Progress Report, Sworn statement, Custodial Investigation Report, Supplemental statement of Rodrigo Pangan y Pascua as Tab D) On November 17, 2013, was undergone to supplemental extra judicial confession about his co league in committing a crime of frustrated murder that was reported yesterday. He said that the another one is Pedro Hill who is single in status, a student of Angeles University Foundation and who is residing in Santa Barbara, Angeles City. The Police Station 6 has planned to form a task force team to take effect the arrest of Pedro Hill who is residing in Santa Barbara,, Angeles City. (Supplemental Extra Judicial Confession of Rodrigo Pangan y Pascua as Tab E) The undersigned executed this affidavit to attest the truthfulness of the foregoing facts and to support the filing of Criminal Cases against Rizalito Pangan y Pascua for violations of Rape in relation to RA 7610.
1100H this 17 day of December, 2013.
MS. PINING GARCIA Offended Party
SUBSCRIBED AND SWORN to before me this 17 day of December 2013 at Angeles City Philippines. I HEREBY CERTIFY that I have personally examined the herein offended party and I am satisfied that they voluntarily executed and understood their given affidavit.
LAILA DE LIMA Judge
WITNESSES:
Armaine N. Aguilar Regine S. Muyot
Republic of the Philippines NATIONAL POLICE COMMISSION PHILIPPINE NATIONAL POLICE ANGELES CITY POLICE OFFICE POLICE STATION NR 6 Mc-Arthur, Hi-Way, Brgy. Lourdes Sur East, Angeles City
MEMORANDUM
FOR : Commander on Post
SUBJECT : Information Report (Re: Alleged Rape)
DATE : 16 November 2013 ================================================================== 1. Reference: Blotter Entry No. 45678 dated 16 Nov 2013 found on page 123
2. On or about 16 10hr Nov 13. Ms. Pining Garcia, personally reported an Alleged Rape to the undersigned investigator.
3. Ms. Pining Garcia claimed that at about lunch time 15 November she and her boyfriend, Rodrigo Pangan y Pascua, went to lunch at Jollibee and her boyfriend offered her a drink that made her dizzy.
4. She claimed that she wake up this morning at room III Hafa a Day Hotel Hensonville naked with pain in her genitals but her boyfriend is nowhere to found
5. Officer on case, Armaine Aguilar of Womens Desk with CP No:12345.
6. For further Investigation.
Noted by:
MARCELINO O. IBANEZ JR. Professor
Prepared by:
ARMAINE NIKKA N. AGUILAR Womens Desk Officer
SWORN STATEMENT OF PINING GARCIA, GIVEN TO AGUILAR, ARMAINE NIKKA N. this 16th day of November 2013 at about 900H at HEADQUARTERS POLICE STATION 6, ACPO IN THE PRESENCE OF PO1 JAY JAY TUBAKO.
Republic of the Philippines) Angeles City ) S.S. x-------------------------x Ms. Pining Garcia, you are under investigation to the shooting incident happened on or about 900H in Hafa-a-Day. Do you sworn to tell the truth in this investigation? Answer: Yes sir. Question # 1: What is your name? Answer: Pining Garcia Question # 2: Why are you here? Answer: To personal file charges against my boyfriend. Question # 3: Why are you filing charges against your boyfriend? Answer: because I believe that he raped me Question # 4: Where did it happened? Answer: Haf-a-Day Question # 5: What is the name of your boyfriend? Answer: Rodrigo Pangan y Pascua Question # 6: How did it happened? Answer: It was at about lunch time 16 November me and my boyfriend, Rodrigo Pangan y Pascua, we went for lunch at Jollibee and he offered me a drink that made me dizzy. Question # 7: Oath of truthfulness, I have no more questions to ask. Can you tell this statement is true?
Answer: Yes. This statement is true. Question # 8: Having understood and record your statement, Are you willing to sign this as a proof that everything you said is true? Answer: Yes.
PINING GARCIA Affiant
Republic of the Philippines NATIONAL POLICE COMMISSION PHILIPPINE NATIONAL POLICE ANGELES CITY POLICE OFFICE POLICE STATION NR 6 Mc-Arthur, Hi-Way, Brgy. Lourdes Sur East, Angeles City
MEMORANDUM
FOR : Commander
SUBJECT : First Progress Report (Re: Alleged Rape)
DATE : 16 November 2013 ==================================================================
1. Victim Pining Garcia on or about 16 10hr Nov 13. She presented a medical certificate sign of medical abuse.
2. At about 17 1200H Nov 17 I interviewed the doctor who tested to the medical findings that Pining Garcia was sexually abused.
3. For further investigation
Noted by:
Marcelino O. Ibanez Jr. Professor
Prepared by:
ARMAINE NIKKA N. AGUILAR Womens Desk Officer
SWORN STATEMENT OF DR. TERESA VILLA GIVEN TO AGUILAR, ARMAINE NIKKA N. this 16th day of November 2013 at about 9:00 H at HEADQUARTERS POLICE STATION 6, ACPO IN THE PRESENCE OF ARMAINE NIKKA N. AGUILAR
Republic of the Philippines) Angeles City ) S.S. x-------------------------x Dr. Teresa Villa, you are under investigation to the alleged rape happened on or about 09:00 H in front of Hafa-a-day. Do you sworn to tell the truth in this investigation? Answer: Yes sir.
Question # 1: Will you tell me your name? Answer: Yes. My name is Dr. Teresa Villa
Question # 2: Why are you being investigated? Answer: I'm here to testify about the condition of the victim who was raped.
Question # 3: Where was the victim now? Answer: The victim was resting at their house after examining her genitals.
Question # 4: Why was the victim was brought at your Hospital? Answer: Because the victim suffered from laceration and swelling of genitals.
Question # 5: Will you tell me, what was the condition of the victim now? Answer: Yes. The victim is had a laceration to her genitals and there is a seminal fluid.
Question # 6: When the victim sent in your Hospital? Answer: The victim was examine 900H
Question # 7: Oath of truthfulness, I have no more questions to ask. Can you tell this statement is true? Answer: Yes. This statement is true.
Question # 8: Having understood and record your statement, Are you willing to sign this as a proof that everything you said is true? Answer: Yes.
Subscribe and Sworn to before me in the City of Angeles this 16 day of November, 2013 by Armaine Nikka N. Aguilar who are personally affidavit and acknowledged that they executed the same.
DR. TERESA VILLA Affiant
RAFAEL LAZATIN MEMORIAL MEDICAL CENTER (Ospital Ning Angeles) Angeles City Date: November 16, 2013 MEDICAL CERTIFICATE FOR MEDICO-LEGAL CASES
TO WHOM IT MAY CONCERN:
THIS IS TO CERTIFY THAT __Ms. Pining Garcia_, ___20____YEARS OLD, Female, Single RESIDING AT ___ Claro M. Recto Angeles City______ WAS EXAMINED IN THIS HOSPITAL ON __Nov. 16, 2013__________________ WITH FOLLOWING FINDINGS: ______________________________________________________________________________ ___________ EXTREMITIES: (-) Hemotone, (-) Bruises, (- )lacerations____________________________________________ CHEST: (-) Hemotone, (-) bruises, (-) laceration.___________________________________________________ BREAST: tenner stage IV. ________________________________________________________________________ LABIA MAJORA AND MINORAL: Well coaptated _________________________________ _____________ VAGINA: (-) laceration. (+) Healed laceration at 6 oclock position. _________________________________ (-) discharge___________________________________________________________________________ __ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ REMARKS___________________________________________________________________ ____________
PATIENT WAS: ( ) ADMITTED (x ) NOT ADMITTED HEALING PERIOD GIVEN BELOW SUBJECT TO THE FOLLOWING: ( ) X-RAY EXAM.TAKEN AND OFFICIAL RESULTS, NOT YET AVAILABLE, MAT CHANGE DURATION OF HEALING PERIOD. ( ) REFERRAL TO___________________SPECIALIST MADE, FINDINGS OF WHICH ARE NOT YET AVAILABLE BUT MAY CHANGE DURATION OF HEALING PERIOD.
HEALING PERIOD:_________x_______( x ) TO ____________x_____________ ( x ) BARRING COMPLICATIONS.
Republic of the Philippines NATIONAL POLICE COMMISSION PHILIPPINE NATIONAL POLICE ANGELES CITY POLICE OFFICE POLICE STATION NR 6 Mc-Arthur, Hi-Way, Brgy. Lourdes Sur East, Angeles City
MEMORANDUM
FOR : Commander
SUBJECT : Second Progress Report (Re: Alleged Rape)
DATE : 16 November 2013 ==================================================================
1. While interviewing victim, she collapsed which the investigator rushed her to AUFMC. In the presence of Dr. Teresa Villa, took down Dying Declaration of the victim identifying Rodrigo Pangan y Pascua as the one who raped her.
2. For further investigation.
Noted by:
MARCELINO O. IBANEZ JR. Professor
Prepared by:
ARMAINE NIKKA N. AGUILAR Womens Desk Officer
Republic of the Philippines NATIONAL POLICE COMMISSION PHILIPPINE NATIONAL POLICE ANGELES CITY POLICE OFFICE POLICE STATION NR 6 Mc-Arthur, Hi-Way, Brgy. Lourdes Sur East, Angeles City
MEMORANDUM
FOR : Commander
SUBJECT : Third Progress Report (Re: Alleged Rape)
DATE : 16 November 2013 ================================================================== 1. At about 16 09 13 November at Police Station 2, comes the boyfriend of Ms. Pining Garcia, the victim. 2. He is to be identified as Mr. Rodrigo Pangan E. Pascua a 25 year old, graduate student of Angeles University Foundation. Lives at 123 Fajardo St. Salapungan Angeles City. Confiding that he will marry the victim of Rape. 3. During the questioning, Jun Dizon saw Rodrigo Pangan, he identified him as one of the two assailants. He is cooperating in the investigation.
Noted by:
MARCELINO O. IBANEZ JR. Professor
Prepared by:
ARMAINE NIKKA N. AGUILAR Womens Desk Officer
Subscribed and sworn to before this 16th day of November of here 2013 at Angeles City, Philippines. I hereby certify that I personally examined the affiant and am satisfied that the foregoing is this true act and deed.
Republic of the Philippines) Angeles City ) S.S. x-------------------------x
Mr. Rodrigo Pangan Y. Pascua, you are under investigation about in the alleged rape on/or about 0900H in Hafa-a-day .You informed of your rights under the Philippine Constitution, that: 1. That suspects have the right to remain silent. Otherwise anything he/she/they say may be used as evidence for or against him/her/them in all legal proceedings; 2. That suspects have the right to get a counsel of their own choice. However, if he/she/they cannot afford the services of a lawyer, the government will provide one for him/her/them; 3. That suspects have the right to visitation by any member of his/her/their immediate family, counsel, religious leader and/or representative from Human Right Organization; 4. That suspects have the right to seek medical attention and waive his/her/their right. Question # 1: As statement above, Do you understand your rights? Answer: Yes, sir. Question # 2: Can you state your name? Answer: Yes, sir. My name is Rodrigo Pangan Y. Pascua. Question # 3: Having understood your rights, Do you want to continue this investigation? Answer: Yes, sir. Question # 4: Are you the boyfriend of Pining Garcia Answer: Yes, sir.
Question # 5: When did you last meet with Pining Garcia, your girlfriend? Answer: it was 16 November, 2013 Question # 6. In that day, where did you go with her? Answer: we went to Jollibee for lunch. Question # 7. What was the drink that you offered to her that made her dizzy? Answer: Coke sir. I put 1 drop of eye mo. Question # 8: When Pining Garcia got dizzy where did you brought her? Answer: at Hafa-a-day sir. Question # 9: What did you do to her? Answer: I took advantage and rape her sir. Question # 10: Do you want to state something? Answer: yes sir. I would like to marry Pining Garcia. Question # 11: Oath of truthfulness, I have no more questions to ask. Can you tell this statement is true? Answer: Yes. This statement is true. Question # 12: Having understood and record your statement, Are you willing to sign this as a proof that everything you said is true? Answer: Yes. Witness: Atty. GlorietaMacapal
Rodrigo Pangany Pascua Suspect
Republic of the Philippines NATIONAL POLICE COMMISSION PHILIPPINE NATIONAL POLICE ANGELES CITY POLICE OFFICE POLICE STATION 6 Mc Arthur Highway, Brgy Lourdes Sur East, Angeles City
CUSTODIAL INVESTIGATION REPORT
Suspect RODRIGO PANGAN Y. PASCUA, 25 yrs. old, male, graduated of Angeles University Foundation and residing at 123 Fajardo, Salapungan, Angeles City, was/were investigated and temporarily detained at this office for committing the offense of ALLEGED RAPE wherein they were informed of his/her/their basic Constitutional Rights and those under RA 7438 which were translated in a language known and understood by him/her/them to wit: 1. That suspects have the right to remain silent. Otherwise, anything he/she/they say may be used as evidence for or against him/her/them in all legal proceedings; 2. That suspects have the right to get a counsel of their own choice. However, if he/she/they cannot afford the services of a lawyer, the government will provide one for him/her/them 3. That suspects have the right to visitation by any member of his/her/their immediate family, counsel, religious leader and/or representative from Human Right Organization; 4. That suspects have the right to seek medical attention and waive his/her/their right. Done this 16th day of November 2013 at Angeles City, Philippines.
ARMAINE NIKKA N. AGUILAR Investigator I/We invoke our right to remain silent Under paragraph 1 above:
RODRIGO PANGAN y PASCUA Suspect
SUPPLIMENTAL STATEMENT OF RODRIGO PANGAN Y PASCUA GIVEN TO PO1 REGINE S. MUYOT AND PO1 ARMAINE NIKKA N. AGUILAR GIVEN THIS DAY OF 17 NOVEMBER 2013 ABOUT 900H AT HQS POL STN 6 IN PRESENCE OF ATTORNEY GLORIETA MACAPAL. OATH: RODRIGO PANGAN y PASCUA you are under investigation, you are informed about your Basic Constitutional Rights and those under RA 7438 which were translated in a language known and understood by you to wit: 1. That suspects have the right to remain silent. Otherwise, anything he/she/they say may be used as evidence for or against him/her/them in all legal proceedings; 2. That the suspects have the right to get a counsel of their own choice. However, if he/she/they cannot afford the services of a lawyer, the government will provide one for him/her/them; 3. That the suspects have the right to visitation by any member of his/her/their immediate family, counsel, religious leader and/or representative from Human Right Organization; 4. That the suspects have the right to Medical Checkup; and 5. That the suspects have the right to waive his/her/their right.
Question # 1: As statement above, do you understand your rights? Answer#1: Yes, sir.
Question # 2: Having understood your rights, do you want to continue this investigation? Answer#2: Yes, sir.
Question # 3: Can you again state your name? Answer#3: Yes, sir. My name is Rodrigo Pangan Y Pascua.
Question # 4: Do you know the other person who shot an Auf student? Answer # 4: Yes sir. He is my co league.
Question # 5: Can you state his name? Answer # 5: Pedro Hill Sir.
Question # 6: How old is he? Answer # 6: He is about 20 years old sir
Question # 7: Does is he still studying? Answer # 7: Yes sir he is studying at AUF.
Question # 8: Do you know where he is residing know? Answer # 8: Yes sir, he is residing at Santa Barbara, Angeles City.
ATTY. GLORIETA MACAPAL RODRIGO PANGAN y PASCUA Witness Suspect
ARMAINE NIKKA N. AGUILAR REGINE MUYOT Investigator
Subscribed and sworn to before this 17th day of November of here 2013 at Angeles City, Philippines. I hereby certify that I personally examined the affiant and am satisfied that the foregoing is this true act and deed.
Republic of the Philippines NATIONAL POLICE COMMISSION PHILIPPINE NATIONAL POLICE ANGELES CITY POLICE OFFICE POLICE STATION NR 6 Mc-Arthur, Hi-Way, Brgy. Lourdes Sur East, Angeles City
DATE : 16 November 2013 ================================================================== 1. On November 17, 2013, was undergone to supplemental extra judicial confession about his co league in committing a crime of frustrated murder that was reported yesterday. He said that the another one is Pedro Hill who is single in status, a student of Angeles University Foundation and who is residing in Santa Barbara, Angeles City.
2. The Police Station 6 has planned to form a task force team to take effect the arrest of Pedro Hill who is residing in Santa Barbara,, Angeles City.
Noted by:
MARCELINO O. IBANEZ JR. Professor
Prepared by:
ARMAINE NIKKA N. AGUILAR Womens Desk Officer
EXTRA JUDICIAL CONFESSION OF RODRIGO PANGAN Y PASCUA GIVEN TO ARMAINE NIKKA N. AGUILAR THIS DATE OF 16, NOVEMBER 2013 AT ABOUT 930H AT HQS POL STN6 IN THE PRESENCE OF ATTY. DOFU D. GREAT OATH: RODRIGO PANGAN Y PASCUA you are under investigation, you are informed about your Basic Constitutional Rights and those under RA 7438 which were translated in a language known and understood by you to wit:
1. That suspects have the right to remain silent. Otherwise, anything he/she/they say may be used as evidence for or against him/her/them in all legal proceedings;
2. That suspects have the right to get a counsel of their own choice. However, If He/she/they cannot afford the services of a lawyer; the government will provide one for Him/her/them; 3. That the suspects have the right to visitation by any member of his/her/their Immediate family, counsel, religious leader and/or representative from Human Right Organization; 4. That suspects have the right to seek medical attention and waive his/her/their right.
5. That the suspects have the right to waive his/her/their right.
Q1: As stated above, do you understand your rights? A1: Yes sir
Q2: Having understood your rights, do you want to continue this investigation?? A2: Yes sir
Q3: Can you state your name? A3: My name is RODRIGO PANGAN Y PASCUA.
Q4: How you shoot the victim? A4: We shoot the victim with the used of handgun
Q5: What is that handgun? A5: Caliber 45
Q6: When and where you fired the victim? A6: In front of the main gate of the AUF, on or about 800H
Q7: Why do you shot the victim? A7: I invoke my right against self-incrimination
Q8: Oath of truthfulness, I have no more questions to ask. Can you tell that this statement is true? A8: Yes Sir.
Q9: Having understood and record your statement, Are you willing to sign this as proof that everything you said is true? A9: Yes of course
ATTY. GLORIETA MACAPAL RODRIGO PANGAN y PASCUA Witness Suspect
Subscribed and sworn to before this 16 th day of November of here 2013 at Angeles City, Philippines. I hereby certify that I personally examined the affiant and I am satisfied that the foregoing is this true act and deed.
Republic of the Philippines NATIONAL POLICE COMMISSION PHILIPPINE NATIONAL POLICE ANGELES CITY POLICE OFFICE POLICE STATION NR 6 Mc-Arthur, Hi-Way, Brgy. Lourdes Sur East, Angeles City
MEMORANDUM
FOR : Commander
SUBJECT : Final Report (Re: Alleged Rape)
DATE : 16 November 2013 ==================================================================
1. Ms. Pining Garcia claimed that at about lunch time 15 November she and her boyfriend, Rodrigo Pangan y Pascua, went to lunch at Jollibee and her boyfriend offered her a drink that made her dizzy. She claimed that she wake up this morning at room III Hafa a Day Hotel Hensonville naked with pain in her genitals but her boyfriend is nowhere to found victim Pining Garcia.
2. On or about 16 10hr Nov 13. She presented a medical certificate sign of medical abuse. At about 16 1200H Nov 16 I interviewed the doctor who tested to the medical findings that Pining Garcia was sexually abused.
3. While interviewing victim, she collapsed which the investigator rushed her to AUFMC. In the presence of Dr. Teresa Villa, took down Dying Declaration of the victim identifying Rodrigo Pangan y Pascua as the one who raped her. 4. At about 17 13 November at Police Station 2, comes the boyfriend of Ms. Pining Garcia, the victim. He is to be identified as Mr. Rodrigo Pangan E. Pascua a 25 year old, graduate student of Angeles University Foundation. Lives at 123 Fajardo St. Salapungan Angeles City. Confiding that he will marry the victim of Rape. During the questioning, Jun Dizon saw Rodrigo Pangan, he identified him as one of the two assailants. He is cooperating in the investigation. 5. On November 17, 2013, was undergone to supplemental extra judicial confession about his co league in committing a crime of frustrated murder that was reported yesterday. He said that the another one is Pedro Hill who is single in status, a student of Angeles University Foundation and who is residing in Santa Barbara, Angeles City. The Police Station 6 has planned to form a task force team to take effect the arrest of Pedro Hill who is residing in Santa Barbara,, Angeles City.
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. JHONNETTEL MAYORGA y LUMAGUE Alias Puroy, Accused-Appellant. G.R. No. 135405 November 29, 2000 Facts