REPUBLIC OF THE PHILIPPINES)

________________________ ) S.S.
X---------------------X

AFFIDAVIT COMPLAINT

I, Y, of legal age, single, Filipino, and a resident of

Mamahalin Village, Brgy. 123, Sta. Ana, Manila, after having
been duly sworn to in accordance with law, do hereby
depose and state that:

1. I am voluntarily executing this Affidavit in order to

formally file a criminal complaint for ATTEMPTED
MURDER under Article 248, in relation to
Article 6 of the Revised Penal Code against
Respondent-Spouses Y and Z, who may both be
served with notices, orders and processes at their
residence in Mamahalin Village, Brgy. 123, Sta. Ana,
Manila;

2. The Respondents conspiring and confederating

together and mutually helping one another, with
intent to kill, qualified by evident premeditation and
treachery, wilfully, unlawfully and feloniously
attacked and assaulted me using a “bara” (crowbar)
and a knife, in the following manner:

2.1. The herein Respondent Y is my first cousin,

son of my father’s sister, YY. Respondent Z,
on the other hand, is his wife;

2.2. There is a pre-existing dispute among us;

the Respondents, including my aunt, YY,
and other third persons, involving our lot
where our house is built and which my
father and our family are in possession of
for more than thirty (30) years already;

2.3. The said dispute started when the

Respondent’s mother, YY, sold a portion of
said property to a third person without our
consent and which the latter built a house
thereon. Later, however, Respondents are
claiming that they are the one who built the
house and are hence occupying purportedly
as the rightful owners;
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2.4. Worse, over our express objection, the

house was built almost adjoining our
current house thereby blocking our direct
view and access to the barangay road. The
photos of the house relative to our house
are hereto attached as ANNEXES “A” and
series for perusal of the Honorable
Prosecutor;

2.5. The Respondents got mad when we brought

the dispute before the Office of the Lupong
Tagapamayapa (Lupon) of Brgy. 123, Sta.
Ana, Manila, docketed as Barangay Case
No. 143-20 (For: Forcible Entry/Malicious
Mischief/Moral Damages), on May 11, 2020.
The corresponding Certificate to File Action
thereof was already issued on June 15,
2020, as personal confrontation and
mediation before the Lupon did not result in
any settlement;

2.6. As mentioned, a partially finished house has

already been built on the disputed lot and
the Respondents, including their mother,
YY, are currently staying thereat since May
2020. It is unavoidable to pass by their
house to get to ours as the narrow passage
beside the disputed lot is the only way from
the barangay road to our house;

2.7. Since the start of the aforementioned

dispute, the Respondents had been already
threatening to harm, or even kill, me and
my wife;

2.8. In one instance, around 4:00 o’clock in the

afternoon of April 28, 2020, when the
Respondents came to the disputed lot and
destroyed the fence my wife and I had just
installed on that the same day, Respondent
Z uttered, “Sus! Pamutlan ko gyud ni’g ulo
ang nagkural diri!” (Translation: “I will
behead whoever installed the fence here.”)
The said utterances were heard by my
wife’s sister, A, who was then present at
that time. The Affidavit of Witness of A
attesting to the foregoing facts is hereto
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attached as ANNEX “B” to form an integral

part hereof and for perusal of the Honorable
Prosecutor;

2.9. Needless to say, the Respondents, as my

relatives, are fully aware that it was my wife
and I who installed the fence around the
disputed lot as we have been staying there
for more than ten (10) years and our family
are in possession thereof for more than
thirty (30) years already upon the death of
our grandparents and pursuant to the
agreement of the latter’s heirs;

2.10. In fact, the destruction of our fence is one

of the reasons, among others, why we filed
the Malicious Mischief, etc. complaint on
May 11, 2020 against the Respondents.
During the proceedings in the Barangay, the
Respondents admitted that they are aware
that my wife and I are the ones who built
the fence;

2.11. Furthermore, on the next day, April 29,

2020, after they had destroyed the installed
fence, the Respondents, accompanied by a
few other persons, including YY, came to us
and initiated a verbal altercation.
Respondent Y then attacked me with a
“bara” (crowbar), which I, fortunately, was
able to dodge. A video of the said incident
was recorded on my wife’s smartphone. A
copy of which is hereto attached as ANNEX
“C” to form an integral part hereof and for
perusal of the Honorable Prosecutor;

2.12. On the other hand, oftentimes, when

Respondent Y drinks with his buddies, while
playing booming music, at the second floor
of their house, he would loudly and
repeatedly utter words such as “Oh, unsa
na man? Gipuy-an na namo ni diri, amoa
ni!” (Translation: “Oh, what now? We have
already occupied this, this is ours!”) and
“Asa na man mo? Gawas mo dira kung
musukol mo!” (Translation: “Where are
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you? Go out if you want to fight!”),

indirectly referring to us;

2.13. Even during and right after confrontations

before the Lupon, when my wife and I
would pass by their house, Respondent Y
would repeatedly mock on us saying words
such as, “Oh, musukol mo?! Mag-file mo’g
kaso?!” (Translation: “Oh, would you fight?!
Would you file a case?!”), “Unya naka-file
na mo?! Mahal no?!” (Transalation: “Have
you filed yet?! Expensive, right?!”);

2.14. Because of the fear induced by the threats

of the Respondents, despite the
inconvenience and hesitation on our part,
on the same day, June 15, 2020, when the
above-mentioned Certificate to File Action
was issued, my wife and I decided to lay-
low, vacate, and temporarily stay at my
wife’s house in Sitio Ligtas, Brgy. 123, Sta.
Ana, Manila;

2.15. I also wanted to avoid possible

confrontation with the Respondents so we
could focus in resolving our issues using all
legal means by filing civil and criminal cases
against them;

2.16. Since then, from time to time, I merely visit

to check our house especially during night
time to avoid meeting the Respondents;

2.17. As per our neighbors, even if we are no

longer staying thereat, Respondents would
still utter words such as “Magbantay lang na
sila!” (Translation: They should watch their
back!”), threatening us, and “Ah kanang
kaso-kaso?! Ah wala na!” (Translation: Ah
filing a case?! Ah that’s nothing!”).
Respondent Y would even pick a fight
against our male neighbors by shouting,
“Kinsay isog dira?! Gawas mo mga
chismosa ug chismosa!” (Translation:
“Anyone who is fearless?! Those who like to
gossip, get out!”), as if turning his rage
against us to others. The Joint Affidavit of
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Witnesses of our neighbors, B and C, my

uncle, is hereto attached as ANNEX “D” to
form an integral part hereof and for perusal
of the Honorable Prosecutor;

2.18. In the evening of June 24, 2020, after my

wife and I attended a birthday party of a
relative still in Sta. Ana, Manila, we decided
to go home in our house at the back of the
disputed lot;

2.19. At around 9:00 o’clock in the evening, when

we arrived at our lot illegally occupied by
the Respondents at that time, and while we
were passing by the purported Respondents’
house, they immediately approached us and
Respondent Y yelled, “Oh, nganong ni-uli pa
man mo diri?” (Translation: “Oh, why did
you come home here?”) I answered the
Respondent, “Nganong di man mi mu-uli
nga amoa man ning balay?” (Translation:
“Why would we not come home here when,
in fact, this is our house?”);

2.20. Immediately thereafter, when we were

about to go straight on our way to our
house as to avoid altercation with the
Respondents, Respondent Y suddenly
attacked me with a “bara” (crowbar), hitting
the left portion of my head;

2.21. Then I saw Respondent Z aggressively

coming towards me and my wife while
holding a knife, and she shouted,
“Pamatyon tamo!” (Translation: “I will kill
you!”);

2.22. Instinctively, I tried to evade further

physical attacks, which caused a brief
commotion. Thereafter, our neighbors came
and tried to stop the Respondents thereby
preventing them from hitting me using the
crowbar which would cause fatal injuries;

2.23. Seeing the knife held by Respondent Z and

the blood coming from my head, my wife,
D, panicked and immediately then grabbed
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me and almost dragging me towards our

house as fast as she could. Even the minor
children of the Respondents, who were then
present and had seen what happened, were
already crying and shouting, “Ayaw, papa!
Ayaw, papa!” (Translation: “Don’t, papa!
Don’t, papa!”) The Affidavit of Witness of
my wife, D, and the Joint Affidavit of
Witnesses of our neighbors, E and F,
attesting to the foregoing facts are hereto
attached as ANNEXES “E” and “F”,
respectively, to form an integral part hereof
and for perusal of the Honorable
Prosecutor;

2.24. Fearing for our lives, we rushed to our

house and did not again attempt to go
outside that night and just called a relative,
who is a police, supposedly to ask for
assistance. However, the latter advised us
that since the Respondents were already at
the police station, purportedly to report the
incident, when, in fact, they are not the
victims thereof, but the perpetrators, we
should just wait for them to leave to avoid
violent confrontation thereat and to just
report the incident and have it recorded on
police blotter on the next day;

2.25. On the next day at the police station,

however, I was merely advised to first
undergo medical check-up on my injury for
a medico-legal report, because, according to
the police in charge, the incident had
already been reported and recorded on
police blotter and we already had a
complaint filed against the same party, the
Respondents, by reason of the
aforementioned property dispute, before the
Lupon;

2.26. As reflected in the Medico-Legal Report,

dated June 25, 2020, issued and signed by
Dr. Tagapa G. Ligtas, Municipal Health
Officer of Sta. Ana, Manila, the injury I
obtained from the aforesaid incident
requires two (2) weeks to heal. Copy of the
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aforesaid Medico-Legal Report dated June

25, 2020 is hereto attached as ANNEX “G”
for perusal of the Honorable Prosecutor;

3. The crime of murder, under Article (Art.) 248 of the

Revised Penal Code (RPC), is committed by any
person who, not falling within the provisions of Art.
246 of the same Code, shall kill another with
treachery, taking advantage of superior strength,
with the aid of armed men, or employing means to
weaken the defense or of means or persons to
insure or afford impunity, or with evident
premeditation, among others.1 In relation to Art. 6
of the same Code, the essential elements of an
attempted felony are as follows: (a) the offender
commences the commission of the felony directly by
overt acts; (b) he does not perform all the acts of
execution which should produce the felony; (c) the
offender's act be not stopped by his own
spontaneous desistance; (d) the non-performance of
all acts of execution was due to cause or accident
other than his spontaneous desistance;2

4. Here, it is apparent that the Respondents had been

persistently and continuously threatening to harm,
and even kill, me and my wife since the start of the
above-mentioned property dispute. When my wife,
our son, and I decided to temporarily vacate our
house adjacent to theirs, there was a sufficient time
that elapsed for the Respondents to decide to
commit the crime and reflect on its consequences.
There is no question that the specific utterances of
Respondents in our absence that we should watch
our back and their attacks, which were made
swiftly, deliberately, unexpectedly, and without a
warning, on the night of the commission of the
crime are overt acts showing that they were
determined to commit murder. The crime was
committed during night time when there are no
people around because of the curfew imposed due
to Covid-19;

5. Without any slight provocation on my part, the

Respondents assaulted me with a “bara” (crowbar)
and a knife, hitting my head with the former, but
1
People vs. Gaborne, GR No. 210710, July 27, 2016.
2
Fantastico v. Malicse Sr., G.R. No. 190912, January 12, 2015.
 Page | 8

did not perform all the acts of execution which

should have produced the crime of murder, as a
consequence, by reason of causes other than their
own spontaneous desistance, that is, due to the
timely intervention of our neighbors, I was able to
flee from them and the injuries inflicted upon me
are not necessarily mortal. Hence, the Respondents
should be held liable for the crime charged;

6. Proceedings before the Barangay for amicable

settlement is not required in the instant case as the
crime charged, if found guilty thereof, is punishable
by imprisonment exceeding one (1) year; and

7. I am executing this Affidavit Complaint in order to

hold the Respondents criminally and civilly liable for
the crime they committed, to inform the authorities,
and to attest to the truthfulness of the foregoing
facts.

IN WITNESS WHEREOF, I have hereunto set my

hand this ____________ in ____________.

X
Voter’s ID No. 123456789
Affiant

SUBSCRIBED AND SWORN TO before me this

________________ in ________. I hereby certify that I
have personally examined the affiant and that I am fully
convinced and satisfied that the affiant voluntarily executed
and fully understood his affidavit.