(REPUBLIC OF THE PHILIPINES)

DIGOS CITY ) S.S

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

AFFIDAVIT OF ARREST

We, SPO2 Khaycee Aguilar and SPO2 Ayeshien Dell Tudtud , both members of the Philippine
National Police, presently assigned at the Digos City, Police Station, do hereby depose and state
that :
1. That on or about 2 o'clock in the afternoon January 25, 2024, 1, 2nd affiant received a report
thru a phone call from Mrs. Marie Dela Cruz for violation of RAPE UNDER ARTICLE 266 OF THE
REVISED PENAL CODE against Mr. James Lopez ,28 , married, filipino and residing at Mabini
Ext., Digos City ;
2. That immediately after receiving the report, we proceeded in the reported place and that
thereof ,we saw the persons of Mr. James Lopez , Mr. Rodel Dela Cruz father of the victim , Mrs.
Marie Dela Cruz mother of the victim and sister of the suspect, Ms. Sofia Dela Cruz 18 years old ,
filipino , and resident of Mabini Ext., Digos City the victim;
3. That upon interview on Ms. Sofia Dela Cruz she stated that her uncle James Lopez committed
rape when she is alone in their house on or about 1 o’clock in the afternoon;
4. That we invited James Lopez to go with us in the Police Station to clarify things which he agree;
5. That we informed James Lopez that he is being held for committing a violation of RAPE UNDER
ARTICLE 266 OF THE REVISED PENAL CODE . We then brought and indorsed the case for
proper investigation.
IN TRUTH TO THESE, WE HEREUNTO affixed our signatures below to the truthfulness of the
foregoing.

SPO2 Khaycee Aguilar SPO2 Ayeshien Dell Tudtud

1st Affiant 2nd Affiant

SUBSCRIBED AND SWORN to before me this 26 day of January at Digos City, Phlippines

POLICE LIUTENANT JIMRIE PEREZ

Oath Administering Officer
 REPUBLIC OF THE PHILIPPINES
OFFICE OF THE PROSECUTOR
Digos City

DERSHY BAO,
Complainant,
I.S No.
-versus-
For :Less Serious Physical Injury
REMING L. SUMALIWA,
Respondent.
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COMPLAINT-AFFIDAVIT
I, DERSHY BAO ,38 years old ,Filipino, and a resident of Roxas Ext., Digos City, after having
been duly sworn to in accordance with law, do hereby depose and state that:
1. I am filing a case of less serious physical injuries against REMING SUMALIWA , 50 years old of
Roxas Ext., Digos City.
2. On June 27, 2024 at around 6 o’clock in the evening while I was going home from market , I met
REMING SUMALIWA in the road,
3.At that moment, Reming came running towards me and without any warning attacked me with a
2x2 piece of wood while saying Layuan mo sya ! akin lng sya ! mang aagaw ka ;
4. Fortunately, there were bystanders nearby who were able to pacify her.
5.That due to the said incident, I suffered a open cut wound in my head and a bruises in my right
arm, and has been hospitalized for 8 days and advised to a complete rest for 2 weeks or more .
6.I am executing this affidavit of complainant in order to file a case of Less Serious Physical Injury
against REMING SUMALIWA.
TO THE TRUTH OF THE FOREGOING, I have signed Complaint- Affidavit in this 13 th day of July
2024

DERSHY BAO
Affiant
 SUBSCRIBED AND SWORN TO before me this 13th day of July 2024 in the city of Digos I
hereby certify that I have personally examined the affiant and I am satisfied that he fully
understood and voluntarily executed his complaint- affidavit .

RECHIE BEBERO
Assistant City Prosecutor
(REPUBLIC OF THE PHILIPPINES)

DIGOS CITY ) S.S

AFFIDAVIT OF DESISTANCE

I , JOY CAPUNO, of legal age. Filipino , Married and a resident of Luna Ext., Digos City, after
having been duly sworn hereby depose and say THAT:

1. I am the private complainant against BEN CY in Criminal Case No. 12345 entitled “ People of
the Philippines versus Ben Cy” pending before the City Trial Court, Digos City.

2. After carefully and meticulously re-examining the facts and circumstances. I arrived at a definite
conclusion that there was purely misapprehension of facts with regard to the identity of the
accused BEN CY,

3.In view thereof , I am no longer interested in pursuing the criminal case against Defendants;

4.This Affidavit of Desistance out of my own free will and act and that no person forced or
intimidated me to execute the case;

5. I am fully informed in a language knows to me of the consequences of executing this Affidavit of

Desistance, and that I can no longer file case against BEN CY,

5. I am executing this Affidavit to request the Prosecutor's Office thru Prosecuting Fiscal for the
Dismissal of the case against BEN CY .

IN WITNESS WHEREOF. I am affixing my signature below this 1st day of April 2024, in Digos City,
AND I HEREBY CERTIFY that I have personally examined the affiant and am satisfied that she
voluntarily executed and understood her affidavit.

Romeo Abad

PUBLIC PROSECUTOR
REPUBLIC OF THE PHILIPPINES)
PROVINCE OF DAVAO DEL SUR)
DIGOS CITY) S.S

JUDICIAL AFFIDAVIT
I, MIYA LEE, of legal age, Filipino, single and a resident of Mabini Street , Digos City, Philippines,
after having been duly sworn in accordance with law, do hereby depose and say:
That I am the same and identical person who caused for the execution of this Judicial Affidavit
under the supervision and at the law office of the undersigned counsel with the name and address
stated below;
That I had given my answers on the questions below stated with full consciousness and I did so
under oath, and that, I may face criminal liability for any false testimony or perjury;
That the following are the questions asked by the undersigned counsel with corresponding
answers which I had given:
Q1: Please state your name and other incidentals
A1: I am Miya Lee , Single and a resident of Mabini Street , Digos City.
Q2: Are you the same person filing a case of rape against one Jerome Istrodillo ?
A2: Yes sir.
Q3.Do you know personally the defendant Istrodillo?
Q3: A3: Yes sir
Q4: What relation do you have with the defendant?
A4: We were neighbor sir.
Q5: Where were you on January 26, 2024?
A5:Im in our house sir
Q6:Are you alone that time?
A6:Yes sir
Q7:What are you doing in your house that time ?
A7: I’m just scrolling thru my cellphone sir
Q8:What happen then ?
A8: I was shock when Jerome enter our house
Q9:What happened next?
A9:He threaten me while holding a knife
Q10: What did he do next ?
A10: He said that if i try to run he will surely kill me sir , while he is slowly coming to my direction
sir
Q11:What did you do during that time ? A11:Im
begging sir not to do what he want and tring to push him sir but he is to strong for me to handle sir
Q12:Did he succeed in doing so?
A12: Yes sir
Q13:What did he do after that ?
A13: He is trying to kiss me and force me to go to our coach, then he try to undress me and
threatening me again using his knife
Q14:What happened after that?
A14:Then he proceeded to enter his penis in my vagina , and I’m still begging him to stop but he
will just put a knife every time I said that , for how many minutes he stop and after that he rushed
to run outside
Q15:What happened after that?
A15:I didn’t move immediately because I can`t imagine what just happened , that time when I got
my strength back I call may parent and told what just happened , they immediately rush into our
house and call the police
Q16: What did police do ?
A16: They ask me what happened and took my statement , and suddenly my other neighbor bring
Jerome Istrodillo because I think they already know the situation and after that the police handcuff
the suspect
Q17: What happened after defendant was taken to custody by the police?
A17: I was taken to the hospital for medical examination.
Q18: Did the medical examiner provide you with a medical certificate
A18: Yes sir
Q19: Who issued the medical certificate?
A19: It was Dr. Sam Lim sir.
Q20: Whose signature is in this medical certificate?
A20: My doctor sir, its doctor Sam's signature sir
Q21: Did the police take down your statement?
A21: Yes sir, at the hospital after my examination, a police officer took my statement.
Q22: Who's signature is in this copy of the Excerpts from Daily Record of Events of Police Precinct
3?
A22: It is the signature of SPO2 John Lim, he was the one who took my statement.
Q23: How do you know it is the signature of SPO2 John Lim?
A23: Because he signed that document sir in front of me.
Q41: Do you have anything else to say Ms. Lee?
A41: I have nothing more to say sir.

IN WITNESS WHEREOF, I have hereunto affixed my signature thus 2 nd day of February

2002 at Davao City.

MIYA LEE
Private Complainant

SUBSCRIBED AND SWORN TO before me on this 2nd day of Febrary 2024 at Digos City ,
Philippines