Homicide

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Republic of the Philippines REGIONAL TRIAL COURT OF MISAMIS ORIENTAL 16th Judicial Region Branch _______ Baboyan Island PEOPLE OF THE PHILIPPINES, CRIM. CASE NO.__________ Plaintiff, I.S. NO. 2006-4066 -versusJuan dela cruz, (San Lazaro St., Baboyan Island) Accused. x---------------------------/ FOR: FRUSTRATED HOMICIDE

INFORMATION The undersigned Assistant City Prosecutor accuses JUAN DELA CRUZ of the crime of Frustrated Homicide, committed as follows: That on or about August 21, 2006 at about 7:00 0’clock in the evening, at Villa Vicente, Baboyan Island, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, with intent to kill, without any justifiable cause, did then and there willfully, unlawfully, and feloniously attack, assault and use personal violence upon the person of Robert Calo y Catubay in the following manner: accused approached said offended party and his companions and asked “TAGA ASA MAN MO?” (From where are you?); and after they answered, without provocation, said accused did then and there assaulted said offended party and stabbed him with a bladed weapon, inflicting upon him serious physical injuries, to wit: Stab wound 4cm right deltoid are; stab wound 5cm right axillary area with pneumohemoperitoneum right, thus performing all the acts of execution which should have produced the crime of homicide as a consequence, but nevertheless did not produce it by reason of causes independent of his will, that is, by the timely and able medical assistance rendered to said offended party, which prevented his death. Contrary to Article 249 in relation to Article 6 of the Revised Penal Code. Cagayan de Oro City, December 4, 2006. PABL0 STA CRUZ Prosecutor II AIDA B. CARO City Prosecutor
Witnesses: 1. Virgi C. Calo – Baboyan IslND 2. Robert Calo – -do6. Dr. Hern Ema – c/o Baboyan Island Medical Center, Inc., 7. And others.

Approved:

BAILBOND RECOMMENDED: PHP24,000.00
CERTIFICATION This is to certify that the undersigned had conducted a preliminary investigation in accordance to law; that the accused were informed of the complaint against them; that they were given an opportunity to submit controverting evidences; that on the basis on the evidence on hand, there is reasonable ground to believe that the crime charged has been committed and that the accused are probably guilty thereof and should be held for trial. PABLO STA CRUZ Prosecutor II SUBSCRIBED AND SWORN TO before me this 4th day of December 2006, in the Island of Baboyan..

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