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Complaint

1) Amanda Rivera executed an affidavit to charge her neighbor Bianca Mendoza with frustrated homicide. Rivera states that on June 18, 2012, Mendoza approached her while carrying a knife and stabbed her in the abdomen after they wrestled over the weapon. 2) Rivera was hospitalized for 30 days to recover from her injuries. She believes the stabbing was due to a heated property line dispute and argument they had the day before. 3) Attorney Johnny Bravo supervised Rivera's examination and affidavit. He also provided sworn statements about accurately recording Rivera's testimony without coaching.

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223 views

Complaint

1) Amanda Rivera executed an affidavit to charge her neighbor Bianca Mendoza with frustrated homicide. Rivera states that on June 18, 2012, Mendoza approached her while carrying a knife and stabbed her in the abdomen after they wrestled over the weapon. 2) Rivera was hospitalized for 30 days to recover from her injuries. She believes the stabbing was due to a heated property line dispute and argument they had the day before. 3) Attorney Johnny Bravo supervised Rivera's examination and affidavit. He also provided sworn statements about accurately recording Rivera's testimony without coaching.

Uploaded by

Mand Gams
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOC, PDF, TXT or read online on Scribd
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Republic of the Philippines )

Province of Leyte ) SS
City of Ormoc )

COMPLAINT AFFIDAVIT

I, AMANDA A. RIVERA, after being sworn to under the law,


depose and say: THAT:

1. My examination for the execution of this Complaint Affidavit


was conducted and taken under the supervision of Atty. Johnny
S. Bravo at the Kilid-Kilid Law Office, Can-adieng, Ormoc City,
Leyte, Philippines

2. I have honestly answered the questions propounded to me, fully


conscious that I do so under oath, and that I may face criminal
liability for false testimony or perjury.

3. The following are the questions asked of me which I answered


correspondingly:

1. Q: Do you promise to tell the truth, the whole truth


and nothing but the truth?

A: Yes, I do.

2. Q: Please state your personal circumstances.

A: I am AMANDA A. RIVERA, of legal age,


Filipino, Single and a resident of Ormoc City.

3. Q: What is your purpose in executing this


Judicial Affidavit which is in question and answer
form?

A: I am executing this affidavit to charge


BIANCA B. MENDOZA of the crime of
FRUSTRATED HOMICIDE punishable under Art.
249.

4. Q: Do you know Bianca Mendoza?

A: Yes Sir.
2

5. Q: How do you know her?

A: I know Bianca Mendoza because she is my


neighbor in Brgy. Linao, Ormoc. Her house is
situated next to a property beside my house
consisting a vacant lot owned by me which I used as
a Parking Area for the Public Utility Vehicles I
operated.

5. Q: Where were you exactly on June 18, 2012?

A: I was having a social drink with my neighbors,


Josh and Samantha just right outside my residence
at Brgy. Linao, Ormoc City.

Atty. Bravo: Photocopy of the Joint Affidavit executed by Josh


Brillantes and Samantha Cortez is marked and appended as
Exhibit E.

6. Q: What happened thereafter?

A: I heard my nephew, Bruno E. Verano, who


was on the said vacant lot, shouting Tita, si
Bianca naay dala nga kutsilyo ug patyon
ka!
(Aunt, Bianca is approaching carrying a knife and is
going to kill you!)

Atty. Bravo: Photocopy of the Affidavit executed by Bruno


Verano is marked and attached as Exhibit D

7. Q: What did you do when you heard your nephew


shouting?

A: Upon hearing my nephews warning, I took a


look at the direction where my nephew was and I
saw Bianca quickly approaching pointing her knife
at me.

8. Q: What did Bianca do upon reaching you?

A: She attempted to stab me but I was able to


hold her arms and prevent such stabbing. It then
resulted into a situation in which we were grappling
each other and wrestled over the control of the
knife.

9: Q: What happened after the grappling situation?


3

A: I was overpowered by her and she got hold of


the knife and was able to stab me in the abdominal
area.

10. Q: What do you remember after the act of


stabbing?

A: I fell to the ground and saw Bianca


immediately flee riding a motorcycle and
disappeared.

11. Q: I am showing to you this knife (to be marked


as Exhibit A). What do you say about this?

A: That is the knife used by Bianca in stabbing


me.

12. Q: How about these photographs (to be marked


as Exhibit B). What can you tell about this?

A: These are photos of the injury I sustained


from the stabbing.

13. Q: Can you recall what happened after Bianca


stabbed you?

A: Yes Sir, Josh and Samantha immediately


rushed me to the hospital.

14. Q: What happened thereafter?

A: I was brought to the OSPA-FMC.

15. Q: I am showing to you now this medical


certificate (to be marked as Exhibit C). What do
you say about this?

16. A: This will show that I spent thirty (30) days in


the hospital for my recovery as recommended by the
Doctor and that the injury I sustained is fatal.

17. Q: Do you recall any reason or motive of Bianca


in doing that of kind harm to you?

A: I recalled that we had a heated argument a day


prior to the incident. It may be relative thereto.
4

18. Q: What is that argument all about?

A: It was pertaining to the boundary dispute


between us which, until now, is unresolved.

19. Q: Can you name the properties involved and


where are these situated?

A: Yes sir. The dispute mainly involves my


property, Land 123 and Bernardos Property, Land
456. Both are located in Brgy. Linao, Ormoc City.

20. Q: When did that argument took place?

A: It happened at around 3:00 Oclock in the


afternoon on June 17, 2012. A day before the
stabbing incident.

21. Q: Do you wish to say any other things?

A: Yes, sir. I also reserve the right to clarify,


explain and amplify my statements in open court.

IN WITNESS WHEREOF, I have hereunto set my hand this


2 August 2016 at Ormoc City, Philippines.

AMANDA RIVERA
Affiant
5

SUBSCRIBED AND SWORN to before me this 2 August


2016 at Ormoc City, affiant exhibiting to me his CTC No. 12345678
issued on 15 March 2016 at Ormoc City, Philippines.

Doc. No. ____


Page No. ____
Book No. ____
SERIES OF 2016 JOHNNY S. BRAVO
Notary Public
For Ormoc City, Kananga, Matag-ob,
Merida and Isabel, Leyte
Until November 1, 2017
Commision No. ORM-12-12-012
Can-adieng, Ormoc City
Attorneys Roll No. 56156
PTR No. 12345667
Ormoc City, January 5, 2016
IBP O.R. No. 123456 1/05/2016
TIN 123-456-678-000

SWORN ATTESTATION

I, JOHNNY S. BRAVO, of legal age, Filipino, and with office


address at Can-adieng, Ormoc City, Leyte, Philippines, after having
been duly sworn to in accordance with law, hereby depose and say,
THAT:

1. I faithfully recorded the questions I asked of and the


corresponding answers that AMANDA RIVERA gave;
2. Neither I nor any other person then present or
assisting him coached AMANDA RIVERA regarding
the latters answers.
3.

IN WITNESS WHEREOF, I have hereunto affixed my


signature this 3rd day of August 2016 in Ormoc City, Leyte,
Philippines.

ATTY. JOHNNY S. BRAVO


Affiant
6

SUBSCRIBED AND SWORN TO before me this 3rd


day of August 2016 in Ormoc City, Leyte, Philippines. I hereby
certify that the affiant is personally known to me.

Doc. No. ____


Page No. ____ JUAN F. DELA CRUZ
Book No. ____ Notary Public
SERIES OF 2016 For Ormoc City, Kananga, Matag-ob,
Merida and Isabel, Leyte
Until November 1, 2017
Commision No. ORM-12-12-012
Can-adieng, Ormoc City
Attorneys Roll No. 56156
PTR No. 12345667
Ormoc City, January 5, 2016
IBP O.R. No. 123456 1/05/2016
TIN 123-456-678-000

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