REPUBLIC OF THE PHILIPPINES DEPARTMENT OF JUSTICE OFFICE OF THE PROVINCIAL PROSECUTOR CATARMAN, NORTHERN SAMAR

SALVADOR O. GALLANO, Complainant, -versus-

Crim. Case No. _____________ Frustrated Murder.

EDUARDO NONONG CALERA, REX CALERA, LYDIA CALERA, DIANNE CALERA, Respondents. x-----------------------------------------x COMPLAINT-AFFIDAVIT

I, SALVADOR O. GALLANO, of legal age, Filipino citizen, married and a resident of Brgy. J.P. Rizal, Catarman, Northern Samar, after having been duly sworn to in accordance with law do hereby depose and say: 1. That on December 23, 2011, at around 7:00 p.m., while I was piling up our canal with sand in front of our house, Eduardo Nonong Calera (hereinafter, Nonong), Rex Calera (hereinafter, Rex), Lydia Calera (hereinafter Lydia) and Dianne Calera (hereinafter Dianne) proceeded toward me and gripped on the shovel I was holding; 2. That thereafter, Nonong said, Nanu gintambakan mo dida nga wara man naawas na tubig? (Why are you piling up that area even if no water is flowing?); 3. That I replied, Wara man ak paglabot sa iyo yungod. Didi man la ak nagtatambak sa am yungod. (I am not piling up in your front yard. I am just piling up in my front yard.); 4. That thereafter, Nonong, Rex and Dianne were grabbing the shovel from me. I then said, Buhii na ak niyo. Nasulod na man kam sa balay. (Let go of me. You are already entering my house.); 5. That thereafter, Rex held his gun at his waist and said, Pusilon ko ikaw. (I will shoot you.). I said, Ayaw man Rex. (Please dont, Rex); 6. That thereafter, I let go of the shovel and moved backwards towards the door still facing them. Nonong said Pusila na. Pusila. (Shoot him. Shoot him.); 7. That thereafter, Rex went behind Nonong, with a gun in his right hand, raised his arm above Nonongs shoulder and shot me at my left chest; 8. That thereafter, I ran outside the door, and asked help from my neighbor, Noli Licas, to bring me to the hospital. My gunshot wound was operated on and I was confined at the hospital for about one week. Since the incident until now, I am not able to work at my shop where I am earning Five Hundred Pesos (P500.00) per day;

9. That I am executing this affidavit to attest to the truth of the foregoing statements and for the purpose of charging the respondents with Frustrated Murder penalized under Article 250 of the Revised Penal Code. IN WITNESS WHEREOF, I have hereunto set my hand this ____ day of January, 2012, in Catarman, Northern Samar.

SALVADOR O. GALLANO Complainant

SUBSCRIBED AND SWORN to before me this ____ day of January, 2012, in Catarman, Northern Samar, affiant exhibiting to me his __________________________________, issued on _________________________, in __________________________________, as proof of his identity.