REPUBLIC OF THE PHILIPPINES

OFFICE OF THE OMBUDSMAN

3rd Floor, Ombudsman Building
Agham Road, Diliman, Quezon City 1104

KAGAWAD ALEYA S. BIDUA

Complainant,

OMB_________________
For: Grave
Misconduct & Conduct - versus -
Unbecoming Of a Public Official.

PB ROSENDO M. BARRAZA
Respondent,
x----------------------------------------------------x

AFFIDAVIT-COMPLAINT
with
MOTION FOR ISSUANCE OF IMMEDIATE
PREVENTIVE SUSPENSION

I, ALEYA S. BIDUA, of legal age, Barangay Kagawad

of Barangay 670, Zone 72, District V of Manila with residence at
1141 J. Bocobo St. Ermita, Manila after having been duly sworn
to in accordance with law hereby depose and state that:

1. That I am formally charging ROSENSO BARRAZA y

MORBOS, Punong Barangay of Barangay 670, Zone 72, District
V of Manila who can be served with subpoena, notices and
resolutions of this Honorable Office at _________________.

2. I am formally charging him of having committed acts

constituting Grave Misconduct and Conduct Unbecoming of a
Public Official.

3. That as early as November 2018, I have been receiving text

messages thru my phone and threatening me like “Humanda Ka!
Malapit ka na!” though I ignore the same since I am not doing
anything wrong with anyone.
 4. That on 24 December 2018 at around 3:20 in the afternoon,
I went and arrived in our Barangay Hall in J. Bocobo St., Ermita
Manila to perform my duty as Officer of the Day. I was with Jhon
Philip Christian Reyes that time who is my helper in my personal
business.

5. That after I gather and meet with some Barangay Tanod’s

who was on duty, I and Jhon Philip Christian Reyes went out the
barangay hall when all of the sudden a person not known to me
suddenly approached me and pointed his gun at me and shot me.
I was badly in my chin and after I cover my chin with my hands, I
noticed that this person who shot me went away.

6. That with the help of Jhon Philip Christian Reyes and some
other people in the barangay, I was immediately brought to the
hospital for immediate medical assistance.

7. At around 7:00 in the evening that night of 24 December

2018, police officers and investigator went to the hospital and
presented to me the suspect they apprehended and asked me if
such suspect is the one who shot me in the Barangay Hall.

8. I positively identified the suspect as the one who shot me in

the Barangay Hall. The police officers and investigator informed
me that the name of the suspect is Rodney Santos y Biag. They
told me that the gun used by the suspect in shooting me was also
recovered.

9. That Jhon Philip Christian Reyes and Ronaldo Capuli

executed their respective affidavit narrating what they have
witness during the shooting incident.

Copy of my Sinumpaang Salaysay ng Pagrereklamo is

hereto attached for the ready reference of the Deputy
Ombudsman and will be marked as Annex “A”;

Copy of the Sinumpaang Salaysay of Jhon Philip Christian

Reyes and Ronaldo Capuli are hereto attached for the ready
reference of the Deputy Ombudsman and will be marked as
Annex “B” and “C”;
 10. That subsequent to the shooting, or on 11 February
2019 Rodney Santos y Biag, duly assisted by a lawyer named
Atty. Daniel F. Victorio Jr. executed a Sinumpaang Salaysay in the
form of Judicial Affidavit stating the following:

That on December 24, 2018, he was instructed by alias

“Bong” to shoot and kill kagawad Aleya with a gun. He
alledged that prior to the shotting incident, his neighbor Jerry
Balesteros texted and called him about a job being offered by
a certain alias “Bong”. Jerry told him that he will introduced
to him someone who will instruct him to shoot somebody with
a gun. At around 6:00 in the morning of December 24, 2018, a
certain Bong called him and told him to shoot Kagawad
Aleya. He instructed him, “punt aka ditto sa Manila ngayon
araw din kasi nandito ang babarilin mon a si kagawad Aleya,
yan ang utos ko sa iyo. Pagkatapos mong gawin ang
pinapagawa ko sa iyo, tawagan mo ako”. He then told Bong “
sige po, antayin niyo po ako sa Lawton kung sinong maunang
dumating sa atin doon ay mag-aantay”. At around 8:00 a.m.,
of the same day, he left Pampanga and arrived in Lawton,
Manila at around 10:00 a.m. he waited for Bong and at
around 1:00 p.m., the latter arrived on board a color gray
Adventure with plate number APQ 2833. Bong then asked if
he is Rodney and told him to board inside the vehicle and to
go with him. They proceeded to UN until they reached the
barangay hall where the target is holding office. When the
target was not around in the said barangay hall, they
proceeded to a park near Lawton St., and waited there. While
waiting, bong mentioned to him that it was “Chairman” who
gave instruction to shoot Kagawad Aleya. At around 3:00 p.m.
of the same day, they proceeded to the barangay hall and
when Bong saw the target, he pointed her to him. Thereafter,
after circling again the area, Bong gave him the gun that he
used. He returned to the barangay hall and saw Kagawad
Aleya inside. He approached Kagawad Aleya and shot her
once with the gun and walked away. However, somebody
followed him and was eventually caught and brought to the
police station. At the police station, he was shown with a
picture of Kagawad Aleya and positively identified her. When
another picture was also shown to him, he also identified the
same person to be the person who introduced himself to him
 as “Bong”, the one who called him when he was in Pampanga
and who also introduced him to shoot and kill Kagawad Aleya.

Copy of the is Sinumpaang Salaysay (Extrajudicial

Confession) of Rodney Santos y Biag is hereto attached for the
ready reference of the Deputy Ombudsman and will be marked
as Annex “D”;

11. That the National Bureau of Investigation (NBI)

conducted an investigation and recommended for the filing of a
case for Frustrated Murder against Respondent Rosendo
Barraza.

Copy of the is Recommendation of the National Bureau of

Investigation (NBI) is hereto attached for the ready reference of
the Deputy Ombudsman and will be marked as Annex “E”;

12. That a case for Frustrated Murder was filed in the

Office of the Prosecutor of Manila. That during the Preliminary
Investigation, the gun man Rodney Santos y Biag, filed a
Karagdagang Salaysay expressly pointing to herein respondent
Rosendo M. Barraza as the one who ordered “Bong” to kill me.

Copy of the Karagdagang Salaysay of Rodney Santos y Biag

is hereto attached for the ready reference of the Deputy
Ombudsman and will be marked as Annex “F”;

13. On 3 June 2019, the Investigating Prosecutor issued a

Resolution recommending the filing of an information for
Frustrated Murder against herein respondent Rosendo M.
Barraza.

Copy of the Resolution is hereto attached for the ready

reference of the Deputy Ombudsman and will be marked as
Annex “G”;

14. That by the acts of respondent Rosendo M. Barraza,

he had committed overt acts which makes him liable for
Administrative sanctions for GRAVE MISCONDUCT &
CONDUCT UNBECOMING OF A PUBLIC OFFICIAL.
 15. That I respectfully likewise seek the immediate
preventive suspension of the respondents considering the
possibility of tampering of documents in their control and
custody and of exerting influence over possible witnesses
against them if they so remain in his office. It is a rule that
preventive suspension can be issued if in the judgment of the
Ombudsman or the Deputy Ombudsman, the evidence of guilt is
strong. The second requisite, however, may be met in three (3)
different ways, to wit: (1) that the offense charged involves
dishonesty, oppression or grave misconduct or neglect in the
performance of duty; (2) the charge would warrant removal from
the service; or (3) the respondent’s continued stay in office may
prejudice the case filed against him. The aforestated
requirements are present in this case.

16. I was constrained to engage the services of lawyer to

enforce my rights and pursue this action, and thus, we expended
professional fees as we also foresee that we will incur necessary
litigation expenses and other legal costs.

17. I am executing this Affidavit-Complaint to attest to

the truth of the above stated facts, with prayer that the Deputy
Ombudsman immediately issue a preventive suspension against
respondent and to order the necessary sanction against him.

I further say none.

KAGAWAD ALEYA S. BIDUA

SUBSCRIBED AND SWORN to before me this _____ day of

July 2019. I hereby certify that I have personally examined the
affiants and that I am satisfied that they voluntarily executed
and understood the contents of their affidavit.

_________________
__
Administering Officer
REPUBLIC OF THE PHILIPPINES)
City of Manila )S.S

VERIFICATION/
CERTIFICATION AGAINST FORUM SHOPPING

I, KAGAWAD ALEYA S. BIDUA, of legal age, hereby

depose and state:
I am the complainant in the foregoing Complaint.
I caused the preparation of the same which I have read and
fully understood, and the allegations therein are true and correct
based on my personal knowledge or authentic records.
That the criminal aspect of this case is already
pending in the Regional Trial Court of Manila, Branch 26,
with docket number R-MNL-19-06046-CR for Frustrated
Murder.
With regard to the administrative aspect, I hereby certify
that, as far as I know, no other suit with regard to the
administrative aspect of the incident has been instituted or is
pending in the Supreme Court, Court of Appeals, other courts,
tribunals or agencies involving the same parties and issues, and
that should contrary come to our knowledge, we shall undertake
to inform your Honorable Office within five (5) days from
knowledge thereof.
IN WITNESS WHEREOF, we have hereunto affixed our
signatures this 4th day of July __, 2019, in the City of Manila.

KAGAWAD ALEYA S. BIDUA

SUBSCRIBED AND SWORN to before me this ___ day of

July, 2019, in the City of Manila, affiants exhibiting to me their
respective competent evidence of identity:
 ID No. Date of Issue Expiry
KAGAWAD ALEYA S. BIDUA

Doc. No.______;
Page. No.______;
Book No.______;
Series of 2011.