Republic of the Philippines )

City of Makati ) S.S.

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COMPLAINT – AFFIDAVIT

I, RIA A. OLA, 40 years old, Filipino, married, and a resident of

#456 Umbel St. Brgy. 123, Pembo, Makati City, after having been duly
sworn to in accordance with law, hereby depose and say: That --

1. I am the mother of James Vincent Ola (hereinafter “James

Vincent”), 18 years old. Copy of the birth certificate of James
Vincent is hereunto attached and made as an integral part hereof
as Annex “A”;

2. That I am instituting this criminal complaint against PO3 Adam

Ebanes, PO1 Carlo Cruz and PO1 Martin Santos, all of legal age,
Filipino, and with office address at station command at 1 Binay
St., Barangay 123, Pembo, Makati for MURDER with
aggravating circumstances of: (a) disregard of age, (b) nighttime,
(c) aid of armed men, (d) evident premeditation, (e) craft, fraud,
or disguise, (f) superior strength, (g) treachery, and (h) cruelty as
punished under Article 248 of the Revised Penal Code, to wit:

“Art. 248. Murder. — Any person who, not falling within

the provisions of Article 246 shall kill another, shall be
guilty of murder and shall be punished by reclusion
temporal in its maximum period to death, if committed
with any of the following attendant circumstances:

1. With treachery, taking advantage of superior strength,

with the aid of armed men, or employing means to
weaken the defense or of means or persons to insure or
afford impunity.

2. In consideration of a price, reward, or promise.

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 3. By means of inundation, fire, poison, explosion,
shipwreck, stranding of a vessel, derailment or assault
upon a street car or locomotive, fall of an airship, by
means of motor vehicles, or with the use of any other
means involving great waste and ruin.

4. On occasion of any of the calamities enumerated in

the preceding paragraph, or of an earthquake, eruption
of a volcano, destructive cyclone, epidemic or other
public calamity.

5. With evident premeditation.

6. With cruelty, by deliberately and inhumanly

augmenting the suffering of the victim, or outraging or
scoffing at his person or corpse.”

3. That the acts complaind of were committed as follows:

a. On July 08, 2017, on or about 9:30 P.M., three armed men

wearing civilians entered our dwelling located at Brgy. 123,
Pembo, Makati City uninvited. They were looking for
James Vincent. We asked them to leave our house they
introduced themselves as PO3 Adam Ebanes, PO1 Carlo
Cruz and PO1 Martin Santos (hereinafter “Police Officers”);

b. The police officers barged into our house without any

warrant of search and seizure or warrant of arrest;

c. During that time, James Vincent just finished taking a bath

and was getting ready to sleep;

d. The Police Officers forcibly took James Vincent and

dragged him outside the house. Me, together with my
husband and James Vincent’s siblings, tried to resist the
taking of James Vincent considering that no arrest
warrants were procured;
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e. PO3 Adam Ebanes told us that James Vincent will be
interrogated in the police station regarding an illegal drug
trade within our barangay. He further threatened us by
pointing his gun at us. He also ordered us to return to our
house, otherwise he will file a criminal case for obstruction
of justice against our family. Attached as Annexes “B” and
“C” are copies of the authentic CCTV recording in
Barangay 123 of Pembo, Makati transferred in a USB
devise and the Certificate of Authentication of the CCTV
Recording issued by the barangay captain of Barangay
123 of Pembo, Makati, respectively. The police officers
brought James Vincent to a secluded place at the end of
the road, far from the main road where the police vehicle
was parked. Attached as Annex “D” is a copy of the map
of Barangay 123, Pembo, Makati. Further marked as
Annex “D-1” is the place where the police officers took my
son;

f. After a couple of minutes from the taking of James Vincent,

three gun shots were heard coming from the direction
where James Vincent and the Police Officers are;

g. The Police Officers casually left the Barangay and walked

toward the opposite part of the barangay where their police
vehicle was parked. After seeing the departure of the
Police Officers, I went to the place where James Vincent
was taken and I saw the lifeless body of James Vincent
facing on the ground covered with blood. Marked as Annex
“D-2” is the place where the body of James Vincent was
found;

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 h. That James Vincent had two gunshot wounds on the head
and another on the back of his body;

4. By reason of the foregoing, I suffered sleepless nights, moral and

social embarrassment which the police officers caused on our
family which they should compensate in the amount of not less
than FIVE HUNDRED THOUSAND PESOS (PhP 500,000.00);

5. By reason of the death of James Vincent, we incurred funeral

expenses in the amount of ONE HUNDRED THOUSAND
PESOS (PhP 100,000.00). Attached as Annex “E” to “E-__” are
the receipts for James Vincent’s funeral;

6. Other reliefs as may be just and equitable are likewise prayed

for;

7. That I am therefore executing this Complaint – Affidavit freely

and voluntarily in support of the criminal charges for MURDER
with aggravating circumstances of: (a) disregard of age, (b)
nighttime, (c) aid of armed men, (d) evident premeditation, (e)
craft, fraud, or disguise, (f) superior strength, (g) treachery, and
(h) cruelty and/or the appropriate administrative cases against
PO3 Adam Ebanes, PO1 Carlo Cruz and PO1 Martin Santos,
who may be served with subpoena and other processes of this
Honorable Office at their station command at 1 Binay St.,
Barangay 123, Pembo, Makati.

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 IN WITNESS WHEREOF, I have hereunto set my hand this 7st
day of September 2017 at Makati City, Philippines.

RIA A. OLA
Affiant / Complainant

SUBSCRIBED AND SWORN to before me this 7st day of

September 2017 at Makati City, Philippines and I FURTHER CERTIFY
that I have personally examined the affiant and I am satisfied that she
has read and personally understood the contents of her foregoing
“Complaint-Affidavit”.

____________________________
INVESTIGATING OFFICER

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