Republic of the Philippines

Department of Justice
National Prosecution Service
CITY OF PROSECUTION OFFICE
Cebu City Hall of Justice
Cebu City

PEOPLE OF THE PHILIPPINES

Plaintiff-appellee G.R. No. L-18793

-VERSUS- Murder under Article

248(1) of Act No. 3815 or
Johnde Plor Gelig the Revised Penal Code
Defendant-appellant (RPC)
x-------------------------------------//

INFORMATION

The undersigned Prosecutor accuses Johnde Plor Gelig for murder under
Article 248(1) of Act No. 3815 or the Revised Penal Code (RPC), committed as
follows.

That on or about the 6th day of January, in Alumnos, Basak San Nicolas ,
and within the jurisdiction of this Honorable Court, the above named accused,
armed with a gun, with intent to kill, treachery and evident premeditation, did then
and there willfully, unlawfully and feloniously attack, and shoot with 9mm beretta
pistol on Mario Dalogdog, shooting twice the victim on his occipital and to his
upper left back , thereby inflicting upon the victim gunshot wound, which caused
his immediate death.

CONTRARY TO LAW.

Cebu City, Philippines, 6th day of January 2022.

JUNRY CALAGO
Prosecutor 1
APPROVED:
JOHN RIXLY DABALOS
City Prosecutor
NO BAIL RECOMMENDED.

Witness:

Sanito Romo Jr. , Co-Worker of the suspect.

REPUBLIC OF THE PHILIPPINES
NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE
Mambaling Police Station
Cebu City Police Office
Cabreros St. Basak San Nicolas, Cebu City, Philippines

PEOPLE OF THE PHILIPPINES

Plaintiff-appellee
G.R. No. L-18793
-VERSUS-
Murder under Article 248(1) of
JOHNDE PLOR GELIG Act No. 3815 or the Revised
Defendant-appellant Penal Code (RPC)
X-----------------------------------------//

COMPLAINT

The undersigned defendant Johnde Plor Gelig, Filipino, male, 22 years old,
single, residing at Cabreros St. Basak San Nicolas, Cebu City, Philippines, for the
murder under Article 248 (1) of Act No. 3815 or the Revised Penal Code (RPC)
committed on 6th day of January 2022, in Alumnos, Basak San Nicolas Cebu City
Pilippines.

The facts of the case are set forth in the affidavit and other allied papers
hereto attached together with the other pieces of evidence all forming as an integral
part of this complaint.

ALLAN CLENT
MORALES
P/ C Insp.

EXHIBITS:

-Police Blotter

- The Arrival of the the First Responders to the ar of Investigator On Case and SOCO
team.

- The pieces of evidence are three (3) empty cartrigdes, one (1) swabbed blood, one (1)
cigarette butt, one (1) cellphone, one (1) ATM card, and one (1) pair of slippers.

-Judical Affidavit of Arresting Officer

-Affidavit of Arrest
-Affidavit Of Witness
-Chain Of Custody

FOR RECORD PURPOSES

One Mr. Johnde Plor Gelig. 22 years old, male and a resident of Cabreros

St. Basak San Nicolas, Cebu City seen by Sanito M. Romo Jr. shooting Mario

Dalogdog at Basak San Nicolas, Cebu City being shot two times in his occipital

and one on his back (spinal cord). After that incident being reported, the First

Responder PCpl. Nielita Aragon arrived at Alumnos Basak San Nicolas Cebu City,

where the shooting and the killing happened. Upon Patrolman Gimuel Atabelo and

PCpl. Nielita Aragon being present at the crime scene, called for an assistance at

the nearest Police Station. After securing the crime scene and interviewing

witnesses, there is one witness said that he saw where the suspect hiding. The first

responders call for assistance to immediately execute hot pursuit operation for the

immediate arrest of the suspect.

CERTIFICATION

TO WHOM IT MAY CONCERN,

THIS IS TO CERTIFY that the above extract copy was taken from the

Police Blotter, page 04 dated January 06, 2022 as recorded by Patrolwoman Gerna

Ubanan, PNP, Duty Desk Investagator.

Pursuant to Section 13, Article VIII of the Constitution and the Division

Chairperson's Attestation, it is hereby certified that the conclusions in the above

Decision had been reached in consultation before the case was assigned to the

writer of the opinion of the Court.

Issued this 6th day of January, Cebu City, Philippines

Aldin Lariosa
Police Chief Inspector,
PNP
Chief of Police
THE ARRIVAL OF THE FIRST RESPONDERS TO THE ARRIVAL OF
IINVESTIGATOR-ON-CASE AND THE SOCO TEAM
THE PIECES OF EVIDENCE AT THE CRIME SCENE
REPUBLIC ACT OF THE PHILIPPINES
NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE
REGIONAL CRIME LABORATORY OFFICE VII
Camp Sotero Cabahug, Gorordo Ave., Cebu City

Request for Examination

Chemistry Report No.: 112

CASE: Murder under Article 248(1) of Act No. 3815 or the Revised Penal Code
(RPC)

SUSPECT/S: Johnde Plor Gelig

TIME AND DATE RECEIVED: 07:10 PM/ January 06, 2022

REQUESTING PARTY/ UNIT: DEPUTY COP, MAMBALING POLICE
STATION OFFICE OF PLT ALDIN LARIOSA

PIECES OF EVIDENCE SUBMITTED:

The pieces of evidence are one (1) pair of slipper, three (3) empty cartridges,
one (1) ATM Card, one (1) cellphone , one (1) cigarrette butt, and one (1) swabbed
blood.

To determine the credibility of the collected evidence.

Prepared by:

PAT. GIMUEL ATABELO

REPUBLIC ACT OF THE PHILIPPINES

NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE
REGIONAL CRIME LABORATORY OFFICE VII
Camp Sotero Cabahug, Gorordo Ave., Cebu City

Examination Report

Chemistry Report No.: 113

CASE: Murder under Article 248(1) of Act No. 3815 or the Revised Penal Code
(RPC)

SUSPECT/S: Johnde Plor Gelig

TIME AND DATE RECEIVED: 07:10PM/ January 06, 2022

REQUESTING PARTY/ UNIT: DEPUTY COP, MAMBALING POLICE
STATION OFFICE PLT. GERALD SENINA

PIECES OF EVIDENCE SUBMITTED: one (1) pair of slipper, three (3) empty
cartridges, one (1) ATM Card, one (1) cellphone , one (1) cigarrette butt, and one
(1) swabbed blood.
PURPOSE OF EXAMINATION: To determine the credibility of the collected
evidence.

FINDINGS: Qualitative examination was conducted on the pieces of evidence

submitted that resulted to knowing who the suspect.

TIME AND DATE COMPLETED: 8:55 PM January 06, 2022

SUBSCRIBED AND SWORN to before me this 6th day of January 2022,

PNP Regional Crime Laboratory Office 7, Cebu City, Philippines.

EXAMINED BY:

MARICRIS BONTIGAO
LABORATORY ANALYST

First Endorsement

Respectfully to the Honorable City Prosecutor, Cebu City Prosecutor’s Office,

Hon. Junry Calago, Cebu City Hall for Prosecution.

Prepared by: APPROVED FOR FILING:

JUNRY CALAGO ALDIN LARIOSA

Investigator, PS11, CCPO Police Major
Chief of Police, MPS, CCPO
Republic of the Philippines
Department of Justice
National Prosecution Service
CITY PROSECUTOR OFFICE
Cebu City Hall of Justice
Cebu City

PEOPLE OF THE PHILIPPINES Criminal Case No.: 143

Complainant
For: VIOLATION OF ART. 248 OF THE
RPC
-Versus-
JOHNDE PLOR GELIG
Respondent

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

JUDICIAL AFFIDAVIT OF APPREHENDING OFFICER

I, RODMEL APA, 24 years old, Single, Filipino and resident of Basak San
Nicolas Cebu City, one, after having been duly sworn to in accordance with the
law do hereby depose and say;

PRELIMINARY STATEMENT

The person interrogating me is PROSECUTOR JUNRY CALAGO, a

bonafide member of the integrated Bar of the Philippines and National Prosecution
Service with the office at the Cebu City Hall of Justice. The interrogation is being
held at Cebu City Hall of Justice, I am answering his question fully conscious that
I do under an oath and may face criminal liability for false testimony and perjury

QUESTION AND ANSWER

Q1. Please, state your name and your other personal data.

A1. I am Rodmel Apa, of legal age, Filipino, single and a resident of Alumnos
Basak San Nicolas Cebu City.

Q2. How long have you been staying in that resident?

A2. Since 2019 sir.

Q3. At present time, what do you do for a living?

A3. Police Officer

Q4. On the evening of January 6, 2022 , where were you that time?
A4. I was in my desk at the station where I’ve assigned with my buddy PCpl.
Mario Dalogdog.

Q5. So what happened at that specific night?

A5. We received a call from the first responder that they need some assistance for
the shooting incident.

Q6. Who answered the call?

A6. It was the Duty Desk Officer who answered the call sir.

Q7. Can you name the Duty Desk officer?

A7. It was Patrolwoman Gerna Mae Ubanan.

Q8. What did the Duty Desk Officer do after receiving the call of the witness?

A8 The Duty Desk Officer brief us that there is a shooting incident happened at
Alumnos , Basak San Nicolas Cebu City.

Q9. Can you state what happened next?

A9. We arrived at the crime scene and it was confirmed that there is a shooting
and killing happened. And, the witness saw where the suspect went to.

Q10. So what happened after getting the information from the witness?

A10. We went to the suspect’s house to arrest.

Q11. After that, what step did you do?

A11. We took him to the nearest police station.

Q12. So you said that, you already arrested the suspect?

A12. Yes sir. After arresting the suspect we ask for his personal information that
are relevant to the case.

RODMEL APA
Affiant
SUBSCRIBED AND SWORN to before me this January 08, 2022 at Alumnos
Basak San Nicolas, Cebu City, Philippines. This is to certify further that I affiant
and that I am satisfied that he voluntarily executed the foregoing affidavit and has
read and fully understood the contents hereof to the best of his knowledge and
ability.

JUNRY CALAGO
Prosecutor 1

ATTESTATION

I, JUNRY CALAGO, Prosecutor 1 of City Prosecutor’s Office of Cebu

City with the office address Cebu City Philippines.
Attest under oath as follows:

1. I personally conducted the interrogation of the affiant PAT. RODMEL APA

at the office of Cebu City Hall of Justice, Cebu, Philippines.
2. I faithfully recorded or caused to be recorded, the questions I asked and the
corresponding answers of caused to be recorded, the questions I asked and
the corresponding answers of PAT. RODMEL APA.
3. Neither I nor any other person present or assisting me had coached PAT.
RODMEL APA.

JUNRYCALAGO
Prosecutor 1

SUBSCRIBED AND SWORN to before me this 23rd day of January at Cebu City.

JOHN RIXLY DABALOS

City Prosecutor

Republic of the Philippines

Department of Justice
National Prosecution Service
CITY OF PROSECUTION OFFICE
Cebu City Hall of Justice
Cebu City

AFFIDAVIT OF ARREST
I, PAT. RODMEL APA, 22 years old, single and a resident of Basak, San
Nicolas Cebu City and PCpl. ROSEMARIE MAE DELGADO, 21 years old,
single and a resident of Basak, San Nicolas Cebu City having duly sworn to in
accordance with the law do hereby depose and say:

1. that we are bonafide member of Philippine National Police presently assigned at

Police Station 11, Cebu City and designated as the arresting officers in the case of
Murder under Article 248(1) of Act No. 3815 or the Revised Penal Code (RPC)
against JOHNDE PLOR GELIG.

2. That on or about 8:00 in the evening of , 2022 we arrested Johnde Plor Gelig at
Alumnos, Basak San Nicolas Cebu City.

3. That before we arrested the suspect, we informed him of the nature of the
offense he committed, why he was arrested and we appraised him to all his
constitutional rights by reading to him the Miranda Rights Doctrine as well as his
right to undergo a physical examination.

4. That this affidavit is executed to attest the truthfulness of all the foregoing facts
and to support the filing of a case for Murder under Article 248(1) of Act No. 3815
or the Revised Penal Code (RPC) against JOHNDE PLOR GELIG in court and
for whatever legal purpose this may serve.

IN TRUTH TO THESE WE HEREUNTO affixed our signature below as

the truthfulness of the foregoing.

SUBSCRIBED AND SWORN to before me this 15th day of January 2022 at

Cebu City, Philippines.

Apolo Doria
Notary Public
Republic of the Philippines
Department of Justice
National Prosecution Service
CITY OF PROSECUTION OFFICE
Cebu City Hall of Justice
Cebu City

AFFIDAVIT OF THE WITNESS

I, SANITO M. ROMO JR. , 22 years old,single, and a resident of Alumnos,
Basak San Nicolas Cebu City. After having been duly sworn to in accordance with
the law, hereby depose and state that;

1. That I personally know JOHNDE PLOR GELIG.

2. That we are co-workers at the construction site

3. That on January 06, 2022, I was inside the construction site wherein the
shooting incident happened.

4. That I was present and personally saw that JOHNDE PLOR GELIG shoot Mario
Dalogdog at the back ofthe head.

5. That I am executing this affidavit to attest to the truth of the foregoing statement
and for the acquittal of JOHNDE PLOR GELIG.

I WITNESS WHEREOF, I hereby affix my signature this – in Cebu City,

Philippines.

SANITO M. ROMO JR.

Affiant

SUBSCRIBED AND SWORN to before me this 18th day of January 2022,

Cebu City Philippines. This is to certify further that I affiant and that I am satisfied
that he voluntarily executed the foregoing affidavit and understand the contents
hereof and that they are correct and reliable as to his own personal knowledge.

APOLO DORIA
Notary public

Republic of the Philippines

Department of Justice
National Prosecution Service
CITY OF PROSECUTION OFFICE
Cebu City Hall of Justice
Cebu City

PEOPLE OF THE PHILIPPINES

Plaintiff-appellee G.R. No. L-18793

-VERSUS- Murder under Article 248(1)

of Act No. 3815 or the
JOHNDE PLOR GELIG Revised Penal Code (RPC)
Defendant-appellant
COUNTER-AFFIDAVIT

I, JOHNDE PLOR GELIG, 22 years old, single Filipino and a resident at

Cabreros St. Basak San Nicolas Cebu City, after having been duly sworn to in
accordance with the law do hereby depose and state that:

QUESTION AND ANSWER

Q1. Please, state your name and other personal information.

A1. I am Johnde Plor Gelig of legal age, single resident at Cabreros St. Basak San
Nicolas.

Q2. What do you do for a living?

A2. I am a construction worker

Q3. How many years have you been doing that job?

A3. 3 years

Q4. Why did you chose that job?

A4. Because life is so hard and I’m having a difficulties in finding job.

Q5. On 6th day of January 2022 where were you?

A5. I was drinking with my co-worker Mario Dalogdog.

Q6. At what time did you left the construction site?

A6. I left at 5:00 pm.

Q7. What did you do?

A7. I was home already at around 8pm.

Q8. Why did the eye witness said that you were the one who shoot Mario
Dalogdog?

A8. I was really in the construction site at that time your honor.
Q9. Are you close with the victim?

A9. We’re co-worker since I started working as a construction worker your honor.

Q10. Do you have any dispute with the victim?

A10. No your honor.

JOHNDE PLOR GELIG

Defendant

SUBSCRIBED AND SWORN to before me this 12th day of December 2021

at Qimonda It Center, Don Sergio Osmena St. North Reclamation Area, Cebu City,
Philippines. This is to certify further that I affiant and that I am satisfied that he
voluntarily executed the foregoing affidavit and has read and fully understood the
contents hereof to the best of his knowledge and ability.

APOLO DORIA
Notary Public

ATTESTATION

I, ALFRED FIEL, council of the accused with the office address at Cebu
City Hall of Justice, Qimonda It Center, Don Sergio Osmena St. North
Reclamation Area, Cebu City, Attest under oath as follows:

1. I personally conducted the interrogation of the accused Mr. Johnde Plor Gelig at
the office of Cebu City Hall of Justice, Cebu City.
2. I faithfully recorded or caused to be recorded, the questions I asked and the
corresponding answers of caused to be recorded, the questions I asked and the
corresponding answers of Mr. Johnde Plor Gelig

3. neither I nor any other person then present or assisting me had Mr. Johnde Plor
Gelig

ALFRED FIEL
Defense Counsel

SUBSCRIBED AND SWORN to before me this 18th day of January 2022 at

Cebu City, Philippines.

APOLO DORIA
Notary Public