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Republic of the Philippines

Department of Justice

OFFICE OF THE CITY PROSECUTORQuezon City

1

MICHELLE DE GUZMAN

Complainant,

-versus- Criminal Case: 01573

Homicide

JOHN CRUZ,

Respondent.

x----------------------------------------------------------x

COMPLAINT-AFFIDAVIT

I, MICHELLE DE GUZMAN, of legal age, Filipino, and a resident of 166 Felina

St. Sampaloc, Manila, under oath declare that:

1. I am the mother of the victim/ deceased MIKO DE GUZMAN.2. Last June 30, 2012, on or about about 5:00 P.M., while MIKO DE GUZMAN

was walking on his way home along Felina St., suddenly, he was approached bydefendant CRUZ and invited him to join him and his companions in their

drinking session saying, pare, sumaglit ka muna. Sige na birthday ng isang ka-

tropa. At first, MIKO DE GUZMAN was hesitant to join the group as he wastired from work. Later on, CRUZ prevailed upon him.

3. MIKO DE GUZMAN heeded the invitation and together with CRUZ, they lateron joined their two other neighbors CARLO VASQUEZ and CONRADFERNANDO in the sari-sari store of Betina Laxa for the said drinking session.

4. Conversation ensued among the four. At 6:00 P.M. or after about one (1) hourfrom the start of the drinking session, JOHN CRUZ did then and there willfully,assaulted, attacked and stabbed MIKO DE GUZMAN with his pocket knife,

directing blows against the vital parts of the body of the latter thereby inflicting

upon him mortal wounds on his chest and abdomen.

5. CARLO VASQUEZ tried to prevent JOHN CRUZ from further inflicting woundsupon MIKO DE GUZMAN by pulling him away from the latter. However,respondent threatened him that he would also be stabbed if he tried to meddle

with him saying, wag kang makialam kung ayaw mong ikaw ang isunod ko.

His affidavit is attached herein as Annex A.

6. CONRAD FERNANDO called for help from the neighbors near the sari-sari storebut to no avail. The neighbors did not want to be implicated and so they chose not

to render assistance to the victim MIKO DE GUZMAN. His affidavit is attached

herein as Annex B.

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7. JOHN CRUZ immediately fled after stabbing MIKO DE GUZMAN.8. MIKO DE GUZMAN was later on brought by his relatives to Sampaloc Hospital.

Due however to the mortal wounds inflicted and the quantity of blood he lost, he

died at an instant. A copy of the Medico-legal Report of Dr. Joseph M. Guinto,

M.D. and the affidavits of the relatives who brought the deceased to the hospitalare herein attached as Annex D and C, respectively.

9. I am executing this affidavit to attest to the truth of the foregoing facts and for thepurpose of charging defendant with the crime of homicide punishable under

Article 249, Revised Penal Code.

City of Manila Philippines. July 1, 2012

(Sgd.) MICHELLE DE GUZMANCOMPLAINANT

SUBSCRIBED AND SWORN to before me, the undersigned prosecutor, this 1st

day of July, 2012, in the City of Manila, Philippines.

(Sgd.)

ASSISTANT CITY PROSECUTOR

The undersigned Prosecutor certifies that he personally examined the affiant andsatisfied that he voluntarily executed and understood his complaint-affidavit.

(Sgd.)

ASSISTANT CITY PROSECUTOR

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