TRUEST SCENARIO

1. DATE: July 7, 2019, 10 PM on or about

CRIME SCENE: In front of Botanical Garden cor. Sto. Nino Ext.
VICTIM: Atty. Vito de la Cuesta, 34, PAO Lawyer @ Bulwagan ng Katarungan
SUSPECTS: CONSPIRACY (1)*
1. Girl 1
2. Boy 1 (principal by direct participation)
3. Girl 2 (principal by inducement)

MURDER SCENE

1. At about 10pm, victim is traversing along Magsaysay Blvd., coming straight from work.
2. He was flagged down by a sexy lady in front of UP Botanical Garden, asking for help.
3. Victim alighted his vehicle. While the victim and girl 1 are conversing, Boy 1 (alleged
assailant) suddenly appeared out of nowhere & aimed a shot at the victim’s back
particularly at his occipital lobe, causing his instantaneous death.
4. The victim fell flat on his stomach.
5. The suspect fired a second shot at the left side of his back.
6. The suspects kicked the right leg of the victim.
7. Upon ensuring that the victim is dead, the girl suspect drove off with the boy suspect.
8. Boy 1 (alleged assailant) suddenly appeared out of nowhere & aimed a shot at the victim’s
back particularly at his occipital lobe, causing his instantaneous death.

NARRATION OF FACTS BY EYE WITNESS

1ST Prosecution Witness: Ricarda Dalisay, 39 years old, balut vendor

Brgy. 3, Trece Martires, Tacloban City

Judicial Affidavit:

1. The balut vendor, on or about around 7PM of July 7, 2019, passed by Bulwagan ng
Katarungan on her way to Magsaysay Food Park.
2. The suspects who were then staying idle in front of Bulwagan ng Katarungan bought 6 pcs.
of balut.
3. The witness saw them drove off & park their motorcycle in front of UP Botanical Garden as
the former still waits for additional customers.
4. Witness went to Magsaysay Food Park.
5. On or about 10PM of the same day, witness decided to go home, passing through
Magsaysay Boulevard, where she saw the victim alighting from his vehicle, approaching a
woman.
 6. While the victim and girl 1 are conversing, the Boy 1 (alleged assailant) suddenly appeared
out of nowhere & aimed a shot at the victim’s back. When the victim fell flat on his stomach,
suspect aimed a second shot at his back. Suspects drove off.
7. Witness ran towards the guardhouse of Bulwagan ng Katarungan where she reported the
incident to the security guard on duty.
8. Police came 10 minutes after to investigate, with SOCO.
9. An ambulance came too & brought the victim to St. Paul’s Hospital.
10. The witness was interviewed by the police officers before whom he signed his Sinumpaang
Salaysay.

Judicial Affidavit of 2nd Prosecution Witness, Secretary of Principal by Inducement

BACK STORY: Motive of Principal by Inducement

1. Victim, private complainant and principal by inducement were childhood friends.

2. Principal by inducement and victim were sweethearts during high school.
3. During college, victim impregnated the private complainant, as a consequence, they got
married.
4. Sometime in 2017, victim and principal by inducement crossed path and soon developed an
illicit relationship.
5. On May 2019, principal by inducement learned that she’s pregnant with the victim.
6. Principal by inducement demanded that the victim fulfill his promise to her of filing an
annulment of marriage with the private complainant. But, victim told him that he is still in love
with the private complainant.
7. Principal by inducement was outraged by the false promises of her paramour and thereby
planned of killing him.
8. She hired Boy 1 and Girl 1 to kill the victim and with consideration of P1,000,000.00 as a reward.
9. In the afternoon of July 1, 2019, the Secretary saw the two suspects enter the office of the
principal by inducement. While she was about to enter the same office, she overheard the
agreement “Pataya hi Atty. Vito de la Cuesta, through whatever means, in exchange of
Php1,000,000.00, payable in installment. 40% will be paid today, and the remaining will be given
upon execution”
10. On July 9, 2019, upon knowledge of the victim’s death, she reported the same to the police
before whom she signed her Sinumpaang Salaysay.

3nd Prosecution Witness:

Security Guard on Duty of Bulwagan ng Katarungan

Narration of Facts:
1. On or about 6 pm of July 7, 2019, while he was doing his regular rounds, the security guard saw
the two suspects walking to and fro the street adjacent to Bulwagan ng Katarungan.
2. The woman asked the security guard on duty whether or not Atty. Vito de la Cuesta is still at his
office. He answered, “ada pa ada kay ada paman it iya sarakyan”.
 3. On or about 10pm of the same day, the balut vendor came to him and reported the same
incident to him.

4th Prosecution Witness:

Medico-Legal

Judicial Affidavit:
1. On July 8, 2019, Tacloban Chief of Police ordered for a medico-legal examination on the
witness.
2. Medico-legal’s findings are:
 The victim died on or about 10pm of July 7, 2019; the cause of death was the
gunshot wound with point of entry at the occipital lobe, and the point of exit is at
the frontal area of the head.
 The second gunshot wound slightly upwards and towards the middle of the scapula
lacerating the right cervical vertebra and the spinal cord, and with the recovery of a
markedly deformed copper jacket and lead fragments embedded in the muscle
tissue at the left lower nape. The victim was already dead when the suspect aimed
the second shot.

5th Prosecution Witness:

Police Officer who responded to the crime scene

Judicial affidavit:
1. July 7, 2019, police responded to the crime scene, upon the report of the Security Guard of
Bulwagan ng Katarungan.
2. On the same night, they invited the 1st prosecution witness to Tacloban City Police Station 2,
where he narrated the circumstances surrounding the incident, and where he signed his
Sinumpaang Salaysay.
3. The witness positively identified the identity of the suspects because he lives in the same
barangay as the suspects.
4. On July 9, 2019, the 2nd prosecution witness voluntarily appeared before the Tacloban City
Police Station 2 and confessed her knowledge on the death of the victim.
5. On July 10, 2019, the private complainant filed her complaint before the Assistant City Pros of
Tacloban against the three suspects.
6. On July 15, 2019, upon finding of probable cause (and preliminary investigation, assuming the 3
suspects submitted their counter-affidavit), the court issued a warrant of arrest.
7. On the same day, the two suspects were arrested at their residence.
8. On July 16, 2019, the principal by inducement was arrested at her residence.

Resolution:
No bail recommended.